i think this is a state/local law thing.
you could try calling your local food safety/consumer protection official.

Yes, state laws cover this. In MD, the distinction is that dried herbs are "processed" (and you need a certified kitchen) but fresh cut herbs are not regulated, like herb plants.

Live plants are ususally regulated by state Ag & Markets law. This is because living plants are purchased and brought to where they come in contact with other plants. States are interested in containing potentially dangerous insects & plant diseases, and they best do this by inspecting production & storage facilities.