DAR File No. 27320

Agriculture and Food, Plant Industry

R68-6

Utah Nursery Act

NOTICE OF PROPOSED RULE

DAR File No.: 27320
Filed: 07/30/2004, 02:48
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule protects the industry and consumer from misrepresentation of nursery stock; and provides for proper labeling, guaranteed analysis, or areas pertaining to viability, health, and condition.

Summary of the rule or change:

This change adopts the American Standard For Nursery Stock, ANSI Z60.1-1996, approved November 6, 1996, published by the American Association of Nurseryman.

State statutory or constitutional authorization for this rule:

Section 4-15-3

American Standard for Nursery Stock, ANSI Z60.1 - 1996, approved November 6, 1996, published by the American Association of Nurseryman

Anticipated cost or savings to:

the state budget:

There is no cost or savings associated with this rule. This rule establishes the standards for labeling of nursery stock being manufactured or sold in Utah.

local governments:

There is no cost or savings associated with this rule. This rule establishes the standards for labeling of nursery stock being manufactured or sold in Utah.

other persons:

There is no cost or savings associated with this rule. This rule establishes the standards for labeling of nursery stock being manufactured or sold in Utah.

Compliance costs for affected persons:

There are no compliance costs associated with this rule. This rule is established to regulate the labeling of nursery stock being manufactured or sold in Utah.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule has no fiscal impact on businesses. The labels are provided by the nurseryman's association.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Marolyn Leetham, Clair Allen, or Dick Wilson at the above address, by phone at 801-538-7114, 801-538-7187, or 801-538-7180, by FAX at 801-538-7126, 801-538-7126, or 801-538-7126, or by Internet E-mail at mleetham@utah.gov, ClairAllen@utah.gov, or dwilson@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2004

This rule may become effective on:

09/15/2004

Authorized by:

Cary G. Peterson, Commissioner

RULE TEXT

R68. Agriculture and Food, Plant Industry.

R68-6. Utah Nursery Act.

R68-6-3. Labeling.

A. In order to identify nursery stock properly, whenever it is shipped, delivered, or transported to any purchaser, at least one label bearing the name, origin (state grown or propagated), size, variety, and grade (where applicable) shall be attached to each separate species or variety.

B. Whenever a grade or size designation is used or implied in labeling or in an advertisement referring to a kind of nursery stock for which grades or sizes have been established in these rules, the nursery stock so labeled or so advertised shall conform to the specifications of the particular grade or size as stated herein. Advertisements of such stock offered for sale in containers shall state plant grade or size, irrespective of the size of the container.

C. Non-established container stock shall be so identified by a water resistant tag on which the words "non-established container stock" are printed. The tags shall be not less than 2 x 4 inches in size with lettering of 24 point Gothic type. The minimum length of time the stock has been planted in the container or the date the stock was planted in the container must also be stated on the tag. The tag shall bear only the required labeling. It shall be the responsibility of the supplier of non-established container stock to adequately label such stock as provided herein.

D. All roses shall be labeled by grade for individual plants, bundles, or single lots.

R68-6-4. Condition of Nursery Stock.

A. Any nursery stock which, in the judgment of the Commissioner or his authorized agents, does not meet the following minimum indices of vitality shall be removed from sale.

1. Woody-stemmed deciduous stock, such as fruit and shade trees, rose bushes, and shrubs shall have moist tissue in the stem or stems and branches and shall have viable buds or unwilted growth sufficient to permit the nursery stock to live and grow in a form characteristic of the species when planted and given reasonable care, except that in the case of rose bushes each stem must show moist, green undamaged cambium in at least the first 8 inches above the graft. Any single stem on a rose bush not meeting this specification shall disqualify the entire plant: PROVIDED, that a bush may be pruned to comply with the specification if at least two stems meeting the specification remain and the grade designation is changed accordingly.

2. Hardy herbaceous biennials or perennial when in a wilted, rotted, or any other condition indicative of poor vitality shall not be sold or offered for sale in Utah.

3. Any bare-rooted or prepackaged woody-stemmed nursery stock having in excess of two inches of etiolated or otherwise abnormal growth from individual buds shall not be sold or offered for sale.

4. Balled and burlapped stock in a weakened condition as evidenced by dieback or dryness of earthball or foliage, or such stock having broken or loose earthballs shall not be sold or offered for sale.

5. Stock offered for sale in containers. The container shall be sufficiently rigid to hold the ball shape, protecting the root mass during shipment.

a. Container stock offered for sale shall be healthy, vigorous, [wellrooted]well rooted, and established in the container in which it is sold. The tops of the plants shall be of good quality and in a healthy growing condition. Sufficient new fibrous roots shall have developed so that the root mass will retain its shape and hold together when removed from the container. This shall be evidenced in each case by the earthball of such stock remaining reasonably intact upon removing it from the container.

b. Non-established container stock offered for sale shall be deciduous stick which shows good top quality and a vigorous healthy growing condition. The potting media shall be capable of sustaining satisfactory plant growth. Evergreen stock shall not be offered for sale in containers unless it is well established in the container.

R68-6-5. Standards for Nursery Stock.

[A. ]Nursery stock offered for sale in Utah shall meet the grade and size standards as [set forth herein]published by the American Association of Nurseryman (AAN), in the American Standard for Nursery Stock, ANSI Z60.1-1996 Approved November 6, 1996. The American Standards for Nursery Stock provides buyers and sellers of nursery stock with common terminology to facilitate transactions involving nursery stock.

[ 1. Deciduous Trees.

a. Caliper Measurements. Caliper shall be the determining measurement in grading. Caliper of the trunk shall be taken 6 inches above the ground level up to and including 4 inch caliper size and 12 inches above the ground level for larger sizes.

b. Height Measurements. Height shall be given in single foot units up to 6 feet; example 5-6 feet over 6 feet height shall be given in double foot units; example; 6-8 feet, 12-14 feet.

2. Deciduous Shrubs.

a. Height Measurement.

(1) Dwarf and Semi-dwarf Shrubs: State height in inches up to 24 inches; usually in 3 inch series; examples: 3-6 inches; 6-9 inches Larger than 24 inches state height in feet with 1/2 foot series; example 2 to 2-1/2 feet, 2-1/2 to 3 feet.

(2) Strong Growing Shrubs: State height in 6 inch series up to 24 inches; example: 12-18 inches; over 24 inches by single feet up to 6 feet; then in double feet above 6 feet; example: 8-10 feet.

3. Coniferous Evergreens.

a. Spreading Types.

(1) Measurement designates spread (height not considered). Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to four feet. Use 1 foot intervals from 4 feet up.

(2) Measurement should be average of plant and not the greatest diameter. Plants properly trimmed and transplanted should measure the same in any direction. If a plant is uneven, for example 15 inches the widest way and 9 the narrowest, it should be classified as 12 inch stock.

b. Semi-Spreading Type.

(1) Measurement designates spread. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 4 feet. Use 1 foot intervals from 4 feet up.

(2) Measurement should be average as in Spreading Type. Height of first-class material will be at least one-half of the spread. Above 3 feet, the height will be less than spread, varying somewhat according to natural growth of the particular species and method of handling.

c. Globe or Dwarf Type.

(1) Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 4 feet. Use 1 foot intervals from 4 feet up.

(2) Spread will usually be equal to height in well grown material up to twelve inches. From thereon, there will be a variation of spread to height depending on the variety.

d. Cone Type.

(1) Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 5 feet. Use 1 foot intervals from 5 to 8 feet. Use 2 foot intervals from 8 feet up.

(2) The ratio of height to spread of properly grown material should not be less than 4 to 2-1/2.

e. Broad Upright Type.

(1) Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 5 feet. Use 1 foot intervals from 5 to 8 feet. Use 2 foot intervals from 8 feet up.

(2) This group includes all the broader, upright growing evergreens which develop a straight sided form with many upright branches or "leaders."

(3) The ratio of height to spread of properly grown material should not be less than 4 to 2.

f. Columnar Type.

(1) Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 5 feet. Use 1 foot intervals from 5 feet to 8 feet. Use 2 foot intervals from 8 feet up.

(2) This group includes all the upright growing evergreens which naturally develop a straight-sided form or one that tapers only slightly from the ground to a point more than half the height.

(3) The broader types will usually have a ratio of height to spread of 4 to 1. Many forms, however, will not attain this ratio and even those of broad habit may be trimmed to advantage into a narrowed form. However, in most cases the ratio of height to spread should not be less than 5 to 1, except with certain specialty types which characteristically grow more narrow.

4. Broadleaf Evergreens.

a. Measurement of height should be where the branches start, and not at the ground, if the plant is leggy. It should stop where the main part of the plant ends, and not to the tip of a thin shoot.

(1) Spreading Type.

Measurement designates spread (height not considered). Use 3 inch intervals up to 24 inches. Use 6 inch intervals from 24 inches to 4 feet. Use 1 foot intervals over 4 feet.

(2) Semi-Spreading Type.

Measurement designates spread (height not considered). Use 3 inch intervals up to 24 inches. Use 6 inch intervals from 24 inches to 4 feet. Use 1 foot intervals over 4 feet.

(3) Globe or Dwarf Type.

(a) Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 4 feet. Use 1 foot intervals from 4 feet up.

(b) Spread will usually be equal to or only slightly less than the height, but in no case will the ratio be more than 2 to 1 or height more than twice spread.

(4) Broad Upright Type.

(a) Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 3 feet. Use 1 foot intervals from 3 feet up.

(b) This group includes all of the larger growing upright broadleaves which vary considerably in ratio of spread to height. Well-grown material will in most cases have a height equal to if not greater than the spread. However, the spread should not be less than two thirds of the height.

(5) Cone Type.

(a) Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 3 feet. Use 1 foot intervals from 3 feet up.

(b) This type includes all upright growing broadleaf evergreens which naturally develop into a conical form. Well-grown material will have a ratio of height to spread of 3 to 1. A greater spread is acceptable.

5. Rose Grades.

a. The standards specified apply only to field-grown two-year roses when sold either bare-root, individually wrapped and packaged, or in containers. All grades of roses must have a well-developed root system and have proportionate weight and caliper according to grade and variety. Roses shall be graded by size, number and length of canes, and proper consideration should be given to weight and caliper of canes, depending upon grade and variety. The specifications outlined for length of canes are applicable before pruning in preparation for sale. If the cut-back is less than the length specified for various approved grades, then the grade shall be determined by caliper of the cane. Packaged roses shall have a minimum cane length of 8 inches and shall comply with the caliper requirements for the various approved grades. Roses offered for sale in containers may be cut back to a minimum of 4 inches above the bud union at the time they are potted, and still comply with the grade in which they were classified prior to pruning in preparation for potting.

(1) Hybrid Tea, Tea, Grandiflora, Hybrid Perpetual, Moss and Miscellaneous Bush Roses.

(a) Grade No. 1. Three or more strong canes, two of which are to be 16 inches and up, and one cane to be 18 inches and up, branched not higher than 3 inches above the bud union. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 3/8 inch.

(b) Grade No. 1-1/2. Two or more strong canes, to be 13 inches and up, branched not higher than 3 inches above the bud union. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 5/16 inch.

(c) Grade No. 2. Two or more strong canes 10 inches and up, branched not higher than 3 inches above the bud union. Minimum caliper for this grade when the canes are cut back less than the specified length shall be 1/4 inch.

(2) Floribunda Roses.

(a) Grade No. 1. Three or more strong canes, two of which are to be 15 inches and up, branches not higher than 3 inches above the bud union. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 5/16 inch.

(b) Grade No. 1-1/2. Two or more strong canes to be 14 inches and up, branched not higher than 3 inches above the bud union. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 1/4 inch.

(c) Grade No. 2. Two or more strong canes to be 12 inches and up, branched not higher than 3 inches above the bud union. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 3/16 inch.

(3) Polyantha, Dwarf, and Light Growing Floribunda Roses.

(a) Grade No. 1. Four or more canes, all to be 12 inches and up, branched not higher than 3 inches above the bud union. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 1/4 inch.

(b) Grade No. 1-1/2. Three or more canes, all to be 10 inches and up, branched not higher than 3 inches above the bud union. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 3/16 inch.

(c) Grade No. 2. Two or more strong canes, both to be 10 inches and up, branched not higher than 3 inches above the bud union. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 1/8 inch.

(4) Climbing Roses.

(a) Grade No. 1. Three or more strong canes, 24 inches and up with the exception of Wichuraiana and Wichuraiana types, which are to have 4 strong canes each 24 inches and up, branched not higher than 3 inches above the bud union or crown. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 7/16 inch.

(b) Grade No. 1-1/2. Two strong canes, each 18 inches and up with the exception of Wichuraiana and Wichuraiana types which are to have 3 strong canes 18 inches and up, branched not higher than 3 inches above the bud union or crown. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 3/8 inch.

(c) Grade No. 2. Two strong canes, each 14 inches and up, with the exception of Wichuraiana and Wichuraiana types which are to have 3 strong canes 16 inches and up, branched not higher than 3 inches above the bud union or crown. Minimum caliper for this grade when the canes are cut back less than the specified lengths shall be 5/16 inch.

6. Vines and Ground Covers.

a. Fast Growing Vines.

(1) Two-year No. 1. Shall have heavy, well-branched tops with not less than 3 runners 18 inches and up and vigorous, well-developed root system.

(2) Two-year No. 2. Lighter grade below No. 1 standard but without defects, 3 runners 12 inches and up and a root system commensurate with the top.

b. Medium Growing Vines.

(1) Two-year No. 1. Shall have a heavy, well-branched top and vigorous,

well-developed root system.

(2) Two-year Medium Lighter grade than No. 1. Without serious defects, top not as well branched. Root system must be in proportion to top.

c. Clump Type.

(1) Clump type shall be designated by age and heavy or light grade. Dormant plants may or may not have live runners. They shall have a well-developed root system and healthy well-developed crown.

d. Ground Covers.

(1) Dwarf Vines and Ground Cover are to be designated or described by age, size of clump and length of runners and other characteristics peculiar to the particular species offered.

]

R68-6-6. Organizational Provisional Permit.

A. Special projects held by nonprofit educational, charitable, or service organizations may be exempt from payment of fees for nursery license provided the applicant provides an application for such.

B. All funds received from sales of such plants shall be used for the benefit of the organization or for improvement or beautification projects within the local community.

C. Plant materials distributed at these special projects shall meet the standards as described in R68-6-4 and R68-6-5.

D. No special project will be in direct competition with any licensed nursery.

E. Permit will be issued for on annual activity only. No fee required, but application must be completed and approved by the department before the project begins.

KEY: nurseries (agricultural)

[1987]2004

Notice of Continuation January 16, 2001

4-15-3

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Marolyn Leetham, Clair Allen, or Dick Wilson at the above address, by phone at 801-538-7114, 801-538-7187, or 801-538-7180, by FAX at 801-538-7126, 801-538-7126, or 801-538-7126, or by Internet E-mail at mleetham@utah.gov, ClairAllen@utah.gov, or dwilson@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.