Like all businesses, horticultural businesses are subject to regulation by all levels of government. Horticulturists may have an above-average number of laws and regulations to comply with, especially if they are involved in plant production. Some of the laws and regulations are described in Table 22-1.
Laws and Regulations Affecting Horticulturists
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TABLE 22-1.
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Laws and Regulations Affecting Horticulturists (Continued)
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Law or Regulation |
Purpose |
Cost Employer |
Employee |
Comment |
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Farm Labor Contractors Registration Act |
To ensure fair treatment of migrant workers. They must be accounted for through regular payroll accounts and must be provided by each employer with information about their work area, housing, insurance, transportation, wage rates, and charges. |
Cost borne by employer and paid to a farm labor contractor |
Nurseries are most likely to be affected. |
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H2-B Program |
Ten month visas are issued to legal aliens who want to work only temporarily in the U. S. It permits a company to employ needed foreign laborers during a peak season without the need to retain them during the off-season. |
Must pay the prevailing labor wages |
Visas cost $750 each |
Alien employees must have their visas recertified each year by the federal INS. |
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Immigration Reform and Control Act |
All employers must verify that every new hire is either a U. S. citizen or authorized to work in the country. |
No cost |
Civil and criminal penalties are applied to employers who knowingly recruit, hire, or retain unauthorized aliens. |
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Occupational Safety and Health Act |
To ensure safe and healthful working conditions for employees |
Cost borne by employer |
No cost, but required to comply with the law by using all safety devices properly |
All employers with at least eleven employees are covered by the law. The law is enforced by the states. |
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Pesticide Application Certification (Environmental Pesticide Control Act) |
To limit the use of toxic pesticides and to ensure that they are used only by persons knowledgeable about their safe and proper use |
Cost (minimal) borne by applicator |
Once certified, the applicator must stay up to date by acquiring a number of recertification points by a certain date. Points are awarded for participation in various professional meetings. |
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(continues) |
Laws and Regulations Affecting Horticulturists (Continued)
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Law or Regulation |
Purpose |
Cost Employer |
Employee |
Comment |
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Plant Patent Act |
To protect the right of the inventor or discoverer of a plant to be the sole asexual propagator of the plant |
May increase cost of production for a grower |
Plant patents are valid for seventeen years. |
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Plant Pest Act |
To regulate by quarantine the entry and distribution of plants and plant products into and across the United States in order to protect against foreign plant pests |
Fees charged for import/ export permits and nursery inspections |
Quarantines may control the movement of plants between countries, between states, or within individual states. |
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Price and Services Act |
To ensure that all commercial customers are treated equally by a seller by forbidding selective prices or services |
No cost, but employer must ensure compliance |
The use of printed wholesale price lists is a common means of proving compliance with the law. |
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Social Security |
To provide financial assistance to persons after their retirement; to provide income for surviving dependents after a worker’s death |
A percentage of a base amount of employee’s wage (subject to change over time) |
An equal amount is withheld from paycheck |
Current trends are for both the percentage and the base amount to increase regularly to meet the expenses of the system. |
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Unemployment Compensation |
To provide financial protection for workers who lose their jobs for reasons other than firing |
3.4 percent of the first $6,000 of wages (subject to change over time) |
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Warranties Act |
To define the terms "full warranty" and "limited warranty" as used by tradespeople |
Replacement cost borne by employer |
Horticulturists are not required to offer warranties, but if they do they must either replace a product completely or in part in compliance with the terms of their stated warranties. |
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Workmen’s Compensation Insurance |
To provide compensation to employees injured on the job |
Cost borne by employer |
Coverage is required for all businesses having at least one employee in a hazardous occupation or at least three employees. |
