Sec. 1. 5 MRSA §12004-A, sub-§2, as enacted by PL 1987, c. 786, §5 is repealed.

Sec. 2. 7 MRSA §1044-A first ¶, as amended by PL 1995, c. 435, §1 and affected by §3, is further amended to read:

For the purpose of providing revenues to defray the expense of the inspection and analysis prescribed in this subchapter, the commissioner shall license seed labelers. The commissioner shall prescribe the license application form. License fees established under this subchapter may be collected on other than an annual basis if the license required in this section is issued in conjunction with a nursery operator's license issued under Title 32, section 1901 2171.

Sec. 3. 7 MRSA c. 404 is enacted to read:

CHAPTER 404

ARBORIST LICENSING

SUBCHAPTER I

NURSERY OWNERS AND DEALERS GENERALLY

§2171.__License required; fee; violations

A person, firm or corporation may not engage in or continue in the business of selling or dealing in nursery stock, as defined in section 2211, without first obtaining a license to conduct such business in this State.__The State Horticulturist shall prescribe the form of the license.__Upon proper application, a license must be issued in the name of the nursery owner or dealer and that license may not be transferred.__Each agent and each store acting under a general agent or store must have a license as provided in this section.__A license may be issued for a one- year, 2-year or 3-year period.__Licenses for a period in excess of one year may only be issued with the agreement of or at the request of the applicant.__The fee for a 2-year license is 2 times the annual fee.__ The fee for a 3-year license is 3 times the annual fee.

1.__Fees.__The following provisions apply to the fees payable for a license issued under this section.

A.__An applicant who has a nursery stock retail sales area in excess of 150 square feet or gross annual sales of