View Full Version : Pump Me Up
_GUNNER_8
02-08-2002, 06:38 PM
lol i 'm going do this 1 more time if you got the money put it up,i don't know how we can set this up but i will be willing to put up $1,000 that i'm right will you do that?
now i will repeat story again. Around 1st or 2nd week of jan.Leslile T. Southarrds came by to audit my invoices, while he was here he was asking me about other contractors in my area,and i said what about Chip across from my shop does he have his certifaction?He said "Chip doesn't put nursery stock out or flowers he just does pre's and post's and little bit of maintence" i said that's funny cause i just say his trailor this morning loaded down with shrubs, He said,"call me if you see this again" next morning he had load of stock on his trailor so i called Leslie and said man that's not fair he doesn't have certifaction and your busting my chops on my invoices,so he came down and fined him. you can guess Chip doesn't speak to us anymore.
State of TN department of Argiculture
Division of Regulatory Services
Leslie T. Southarrds
Plant Inspector 11
Plant certification section
Phone:Office:(615)837-5512
Home:(931)761-8877
Feel free to call him
It has not been stated what your buddy Chip was actually fined for...but...
....After reviewing the Tennessee Department of Agriculture's Division of Regulatory Services Civil Penalties Matrix (Chapter 0080-6-25-.01) I would advise 'ol Chip to hire a civil attorney. He may come out WAY ahead ($$$)....and Leslie may be asking you for a job. :D
Wouldn't that be neat?
This should prove interesting...providing Chip does his homework.
Keep us posted. :)
HOMER
02-09-2002, 07:13 AM
I still don't get why he checks your invoices:confused:
In Alabama you have to have a landscape license to plant shrubs and a pesticide license to put out herbicide.
Did CHip have the pesticide and not the landscape?
_GUNNER_8
02-09-2002, 11:21 AM
Originally posted by HOMER
I still don't get why he checks your invoices:confused:
In Alabama you have to have a landscape license to plant shrubs and a pesticide license to put out herbicide.
Did CHip have the pesticide and not the landscape?
Now were on to something, Homer knows what i'm talking about, yes he had pesticide but not the landscape,you should know all to well about FIRE ANTS.Reason he checks invoices is to make sure places that have fire ants and other stuff is not brought in to our area, and here is kicker all it takes to be certified is $100 to state no test just $100 to me thats crazy but it is law, Chip is pesticide company but he does some maintence and why in the hell he just didn't buy certification he would have been lot better off and not have to worry about looking over he's shoulder all time, if we were talking about $1000 Chip is not geared for installs so if i was him i would sub out but we only talking about $100, its not really a big deal i'm just letting you guys know that in my state they are cracking down on green industry thats all.
crazygator
02-10-2002, 10:45 AM
Originally posted by _GUNNER_8
you should know all to well about FIRE ANTS.Reason he checks invoices is to make sure places that have fire ants and other stuff is not brought in to our area, and here is kicker all it takes to be certified is $100 to state no test just $100 to me thats crazy but it is law
This makes no sense at all. What you are saying is the state of TN charges $100 for a paper that gives YOU the right to plant plants because they are checking for fire ants, and yet there is no test nor any checking of YOU having any knowledge of what fire ant are, or where to locate them? I dont think so! You are reading something into nothing my friend. You had better look at this again.
Are you sure this guy didnt get busted just for not having a business license? Or did he get busted for buying the plants in another state and bringing them here to TN without the correct papers and all?
Please clarify these points for us all.
Turfdude
02-10-2002, 11:04 AM
Here in Jersey we have to get a Plant Dealer Certificate. Everyone who sells flowers, shrubs, or any "living materials", has to pay for this license. I think its $150.00/year and you must fill out a paper listing all of your suppliers (Nurseries, HD's if you go there, etc.) In return, all of your suppliers must be on the list. Nurseries pay more for a Nursery Certificate and their stock supposedly gets inspected by state personnel for insects, disease, etc. It's unreal, but this "catalogue" which lists the Dealers is so hugh now. Every supermarket selling flowers, roadside stand, landscaper, etc. is listed (except for those who have yet to be caught or ratted on). What does the state do w/ this revenue??
We got put on the list 8 years ago as the man from the state asked an employee "Do you guys plant shrubs? You do, great, have the boss give me a call so I can explain to him what a Plant dealer is all about". If this guy was a cop, I think this would be entrapment.
Oh well, just another way for the man to get in my pcket.
Bob
_GUNNER_8
02-10-2002, 12:53 PM
Originally posted by crazygator
This makes no sense at all. What you are saying is the state of TN charges $100 for a paper that gives YOU the right to plant plants because they are checking for fire ants, and yet there is no test nor any checking of YOU having any knowledge of what fire ant are, or where to locate them? I dont think so! You are reading something into nothing my friend. You had better look at this again.
Are you sure this guy didnt get busted just for not having a business license? Or did he get busted for buying the plants in another state and bringing them here to TN without the correct papers and all?
Please clarify these points for us all.
"YOU DON"T THINK SO" LOL!!! Reading something into nothing?LOL!!!ARE YOU SURE?LOL!!! No i'm not sure i just like to give my hard EARNED money away.If you don't know what your talking about DO NOT MAKE COMMENT!This law has been in effect here in TN for years and years, its no secert, i gave numbers to call,i gave what chapter its in,don't argue something you know nothing about, their are lot more laws then you think but i'm not going to start stating all them,thats YOUR job to know which laws that apply to your state.When you get into commercial heavy and industrial,thats when you better know them all, i've seen lot of guys fined over last couple years,v all i was trying to do was let you guys be aware that their laws out there that in some states are cracking down on, but from now on i'll keep my mouth shut and let you find out on your own, as far as bigger companys they already know so no need to tell them. Example Turfdude, Homer.
crazygator
02-10-2002, 02:31 PM
You have just made my day. You have shown everyone here you cannot argue your point so maybe you have no point! You just make all these threats that "WE" dont know the law blah blah blah. Whatever! So far everyone I have talked to does not know anything about this law. I will even check with the Ag department tomorrow......just for YOU!
crazygator
02-10-2002, 02:40 PM
Oh and by the way, you never did answer the post from SLS, nor my questions above! Thank you! :)
Lawn Dog2001
02-10-2002, 03:14 PM
:confused: I am totally lost.:confused: What did Chip do? Did he not have a lisence to keep an inventory of plants? Or do you actually need a lisence to plant a plant in Tn? Where the heck did pesticide use come into the equation?? I am totally lost? :confused:
LAWNGODFATHER
02-10-2002, 03:50 PM
The FAX you sent me. I don't feel like typing the rest, so here is the main page.
In Tennessee, the Plant Pest Act was first established in 1905 and updated in 1955. The act was and still is designed to protect the Agriculturural, Silvicultural, Horticultural, and other interests of this state from insect, pest and/or plant diseases; to prevent the introduction into and spread within this state of injurious insect, pest, and plant diseases and to provide for the eradication, suppression or control of such insect, pest and plant diseases already found therein.
Plant Certification is only one section of The Division of Plant Industries, which has the mission to implement a uniformly applied pest prevention system, which protects agriculture, the environment and our citizens from the damaging effects of plant pests, while providing for equitable trade in both domestic and international markets. The Division is also responsible for the regulation and monitoring of pesticides and uses, the Licensing and Certification of private and restricted-pesticide applicators, and the Regulation and enforcement of all Laws applicable to the Pest Control Industries. Three special programs are also administered by the Department of Plant industries-they are Worker Protection, Endangered Species and Groundwater Monitoring of Pesticides.
Plant Certification Section
This section is responsible for all laws and regulations governing, nurseries, greenhouses, and plant dealers in Tennessee. Certifications are insured to nurseries after inspection and to plant handlers such as retail stores, individuals and florists after their plant sources are verified as being certified.
Plant Certification also works closely with the United States Department of Agriculture (USDA) on many issues. Special permits for the movement of insects and diseases (mainly for research), sod, special plants and equipment are approved. All plants and plant products for export or import into the State involving foreign counties are inspected. Special plant pest surveys are conducted across the State.
The Plant Certification Section has 20 inspectors with offices in Nashville, Knoxville, McMinnville, Jackson, and Memphis. For more information contact the state headquarters in Nashville.
Dealer: -Any person not a grower of nursery stock or other plants who buys or otherwise acquires nursery stock or other plants for the purpose of reselling or otherwise distributing same independently of any control of the grower.
Are you reselling this product? Do you charge sales tax?
If you do not charge sales tax you are not reselling. In order to resell (classified as) you must purchace with out paying sales tax. IE; tax exempt, IE; tax ID number.
Also you are planting them not dristibuting them. To distribute you must resell and have another person between you and the next person purchacing the product.
Now you may have gotten busted by not having a business license or bought them tax exempt and not payed sales tax.
I will still be calling both dept of AG Monday morning and checking with my states dept of Ag because we have the same law. This is to show that the last person selling the product has checked for pests, and that the last person selling the product has certification. Now if you don't comment to the last thing I wrote and quote this with no resonce to this paragraph, you will look very stipid since I am writting it to have you comment, not to make a fool out of yourself. Make sure you read everything. This is not to be rude, but many don't read every word.
Tufdude has to get sales tax from customers.
_GUNNER_8
02-10-2002, 09:57 PM
Originally posted by LAWNGODFATHER
The FAX you sent me. I don't feel like typing the rest, so here is the main page.
In Tennessee, the Plant Pest Act was first established in 1905 and updated in 1955. The act was and still is designed to protect the Agriculturural, Silvicultural, Horticultural, and other interests of this state from insect, pest and/or plant diseases; to prevent the introduction into and spread within this state of injurious insect, pest, and plant diseases and to provide for the eradication, suppression or control of such insect, pest and plant diseases already found therein.
Plant Certification is only one section of The Division of Plant Industries, which has the mission to implement a uniformly applied pest prevention system, which protects agriculture, the environment and our citizens from the damaging effects of plant pests, while providing for equitable trade in both domestic and international markets. The Division is also responsible for the regulation and monitoring of pesticides and uses, the Licensing and Certification of private and restricted-pesticide applicators, and the Regulation and enforcement of all Laws applicable to the Pest Control Industries. Three special programs are also administered by the Department of Plant industries-they are Worker Protection, Endangered Species and Groundwater Monitoring of Pesticides.
Plant Certification Section
This section is responsible for all laws and regulations governing, nurseries, greenhouses, and plant dealers in Tennessee. Certifications are insured to nurseries after inspection and to plant handlers such as retail stores, individuals and florists after their plant sources are verified as being certified.
Plant Certification also works closely with the United States Department of Agriculture (USDA) on many issues. Special permits for the movement of insects and diseases (mainly for research), sod, special plants and equipment are approved. All plants and plant products for export or import into the State involving foreign counties are inspected. Special plant pest surveys are conducted across the State.
The Plant Certification Section has 20 inspectors with offices in Nashville, Knoxville, McMinnville, Jackson, and Memphis. For more information contact the state headquarters in Nashville.
Dealer: -Any person not a grower of nursery stock or other plants who buys or otherwise acquires nursery stock or other plants for the purpose of reselling or otherwise distributing same independently of any control of the grower.
Are you reselling this product? Do you charge sales tax?
If you do not charge sales tax you are not reselling. In order to resell (classified as) you must purchace with out paying sales tax. IE; tax exempt, IE; tax ID number.
Also you are planting them not dristibuting them. To distribute you must resell and have another person between you and the next person purchacing the product.
Now you may have gotten busted by not having a business license or bought them tax exempt and not payed sales tax.
I will still be calling both dept of AG Monday morning and checking with my states dept of Ag because we have the same law. This is to show that the last person selling the product has checked for pests, and that the last person selling the product has certification. Now if you don't comment to the last thing I wrote and quote this with no resonce to this paragraph, you will look very stipid since I am writting it to have you comment, not to make a fool out of yourself. Make sure you read everything. This is not to be rude, but many don't read every word.
Tufdude has to get sales tax from customers.
"so you don't make a fool out of yourself" lol
why argue for? this is crazy!!!! Your beginng to piss me off,Put your money were your MOUTH IS. I hate to be *******, but its like banging head against wall,Who are you? weres your B.S?Masters?Doctrine?Its a insult to think i'm passing all long information to help people out and then you got people like you that,don't want truth they want to inturped the way they see fit.their is no other way to see it.I sat in my office with this guy sitting face to face and argued enough for whole forum, its not like i liked the law, BUT it is THE LAW regardless.Now for you godfather i said i would be willing to meet you half way with state guy this weekend which is 300 miles for that $1000, but you didn't take me up on that did you?Only way for you is for state to tell you face to face.SO I WILL BE IN MY OFFICE AT 7 A.M. by 8:30 you should be on this forum to admit you were wrong and after all this needless arguing who will be "FOOL" then?
skyphoto
02-10-2002, 10:17 PM
Ding Ding and round 3 begins
LG is in the far corner with the Bermuda grass color shorts on
Gunner is in the near corner with the Fescue style shorts
PEACE!:blob3:
LAWNGODFATHER
02-10-2002, 10:19 PM
What I am telling you is what I read from what you sent. And then telling you it is not even neccessary. But better safe then sorry and get one.
IN ORDER TO RESELL YOU HAVE TO COLLECT SALES TAX!!!!
When you pay sales tax anywhere along the line the certification stops there. Where the sales tax is paid certifications end. Not for 'cide applications (totally different catagory)
You are not a dealer, distributer, reseller, retail, or nusery.
So you bought those plants tax exempt.
You are not telling all info on your encounter. You are leaving something out.
I did not call you a fool, you did as expected that's why I wrote it. I expected you to not read all I wrote, see you didn't even read it.
So "Fool" is who?
Trust me I will be calling in the morning. Also don't expect a post from me right away. Most likely in the evening.
I am sure some one will clearify this before i post.
There are many from TN that have read all this.
_GUNNER_8
02-10-2002, 10:59 PM
lol somewhere along lines you don't read 1st post and i mean post said something to affect that i had STACK OF PAPERS ON MY DESK i only faxed you couple lol yes i left meat and potatos out but like i said earlier i'm not your babysitter your going NOT LOOK REAL SMART IN MORNING!!! couple out of maybe 60?i didn't have to say diddle but out of your ignorance you chose to comment, I already knew laws,ohh before i forget i allready called office friday about pest. , and i said i was wrong on triple 13 but i was right on other 90% ,thats pretty good figures i think, so i will be waiting for you tomorrow to admit you were wrong.So be a man tomorrow, and by the way we could care less about your state thats not what was being debated here is number again.
LESLIE T SOUTHARDS
OFFICE (615)837-5512
P.S. I will be looking forward to tomorrow!!!!!if you argue with your customers and employees "if you have any" like you do your peers than i feel sorry for you.
skyphoto
02-10-2002, 11:02 PM
The ref jumps in .....Says boys.....no hitting below the belt!:eek:
LAWNGODFATHER
02-10-2002, 11:24 PM
Dude Go smoke more of that crap you have been smoking!!!
You don't read
You don't listen
You don't comprehend
This arguement would never of happened if you wouldn't have slammed people, like you did way back in the original thread.
Go back and read it again. In that thread we said we will call to confirm it, but no, you keep going.
Why won't you answer others posts on here that pertain to this also? They are asking questions.
You called Hoss a D$*K Head in an email to me, and put other down for your idiosity. Which many are friends of mine. You personaly attacked me. You have taken this beond what a 9 year old will do for a POS toy.
Your probably one of the worst at explaining your own problems, so why would anyone to expect any better on here.
What happened to the 3 emails you sent me on Kicking A$$ do you realy want me to post all you emailed me include the garbage you included? And the one pertaining to this thread? And I wont even edit the foul crap out!!!
You left something out on your expliantion of this law so we will call in the AM to confirm my 99.9% on this to 100%
Leave it be untill someone other than you can confirm this.
This matter is no joke to anyone so quit calling anyone names.
Take a chill pill and wait!!!!!!!!!!!!!!
I just got off the phone with the Tennessee Department of Agriculture-Div. of Regulatory Services. I called the office of Gray Haun, who is the DIRECTOR of PLANT CERTIFICATION.
I asked:
"If I mow lawns (and am NOT a landscaper) will I need a certificate to plant some flowers or bushes in a customers flowerbed?"
The answer?:
"NO."
I was told if I was not a landscaper WHO KEEPS STOCK ON THE PREMISES (thus the issue of cross-contamination from non-compliant vendors) or a Nursury (cross-contamination and sales tax issues) I need not be certified.
To get really simple I said:
So, I can go to a certified nursury or Home Depot, pick up some plants, and plant them for a client in their yard without being certified?
The answer?:
"Yes. The issue is that the plants were inspected. If they were purchased from a certified source and you do not stock them or you do not keep stock in order to re-sell them (eg: Nursury) then no certification is need just to plant them."
Heres the number:
Tennessee Depatrtment Of Agriculture
Division Of Regulatory Services
Plant Certification Administrator-Gray Haun
(615) 837-5512
Just thought I would pass this along.
65hoss
02-11-2002, 10:48 AM
Those were the exact same answers I got yesterday from the Memphis director. He was at the home and garden show that I had a booth at.
PS:
Do keep in mind that this is a government agency were are discussing. :)
Everyone knows that within most government agencies the left hand does not have a clue about what the right hand is doing. :D
I found this out when dealing with the Tennessee Department Of Revenue. Everyone there has a different answer to the same question...sad but true.
65hoss
02-11-2002, 11:11 AM
Tennessee Depatrtment Of Agriculture
Division Of Regulatory Services
Plant Certification Administrator-Gray Haun
(615) 837-5512
Leslie T. Southarrds
Plant Inspector 11
Plant certification section
Phone:Office615)837-5512
Home931)761-8877
Same office number, you just talked to a different person. Thanks SLS! I know several others are making the same call today also.:)
_GUNNER_8
02-11-2002, 12:08 PM
There have been lot of statements made, just got off phone with leslie at 10:30 he said "lawn care no certification" If you tansport anything with roots and put them in ground for homeowner or commercial and charge for it you are now landscaper and yes you have to have certification,only way i could be wrong is IF HE IS WRONG and i doubt that.far as name calling HE CALLED ME A SMART ******* ****** that is way i said that
Scraper
02-11-2002, 12:41 PM
Originally posted by _GUNNER_8
HE CALLED ME A SMART ****** ****** that is way i said that
:dizzy: Obviously he hasn't read any of your posts here. To be honest, I don't even know why I wasted my time responding let alone reading your quagmire of a post.
65hoss
02-11-2002, 01:18 PM
Gunner and I have discussed the situation and we hold no grudges toward each other. We both got hot, but we're cool now!
We do agree on other things!
No hard feelings from me!
Scraper
02-11-2002, 02:20 PM
That's great to hear Hoss! I guess it's true what they say about y'all good ole folks from Tennesse. :p
I must say...heated it sure was!
P.S. "Just Kidding" about the tennesse thing...or am I? ;)
_GUNNER_8
02-11-2002, 03:10 PM
I hold no gruges against hoss, had nice little chat and I told him i was sorry, he seems like really nice guy, we get along just fine as long as he is UT fan and not U of MEMPHIS!! Just joking hoss!!
65hoss
02-11-2002, 05:06 PM
I bleed ORANGE!
LAWNGODFATHER
02-11-2002, 05:17 PM
Originally posted by 65hoss
We hold no grudges
No hard feelings
BigJim
02-11-2002, 06:33 PM
Aw Shucks.....They are all gonna live happily ever after,Kissing,cuddling and making up,dont you love a story with a happy ending.......:cry: pass the tissues......
LAWNGODFATHER
02-11-2002, 06:57 PM
Originally posted by BigJim
Aw Shucks.....They are all gonna live happily ever after,Kissing,cuddling and making up,dont you love a story with a happy ending.......:cry: pass the tissues......
Cute Jim:blush:
Time to let this thread die.
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