4-21.1 Nurseries and Nursery Stock
Loading PDF...
commissioner stating that nursery stock is practically free from damaging pests.2."Commissioner" means the agriculture commissioner or the commissioner's
authorized representative.3."Grower" means any person who takes a reproductive part of nursery stock and
increases its size and development for at least one full growing season.Thisincludes a person producing nursery stock from tissue culture.4."Infested" means actually infested or infected with a pest or so exposed to
infestation that it would be reasonable to believe that an infestation exists.5."Nonhardy" means plant species, varieties, and cultivars that will not survive climatic
conditions in North Dakota.6."Nursery" means any place where nursery stock is propagated, grown, or offered for
sale.7."Nursery stock" means all trees, shrubs, and woody vines and parts thereof which
are capable of propagation or growth, except seed.Only those plants that areintended for outdoor planting are considered nursery stock.8."Person" means any individual, corporation, limited liability company, company,
society, association, government agency, or other entity.9."Pest" means any invertebrate animal, pathogen, parasitic plant, or other similar
organism which can cause damage to nursery stock.10."Place of business" means each separate location from which nursery stock is being
offered for sale.11."Viable nursery stock" means nursery stock that is capable of living and
accomplishing the purpose for which it is grown, whether for foliage, flowers, fruit, or
special use.4-21.1-02.Administration - Rulemaking authority.The commissioner has theresponsibility for administration of the provisions of this chapter. The commissioner may adopt
such rules pursuant to chapter 28-32 as are necessary to carry out the purposes and provisions
of this chapter.4-21.1-03. Authority for inspection. The commissioner shall inspect all nursery stockbeing grown in North Dakota at least once each year and may enter and inspect any nursery or
place of business during normal business hours.4-21.1-04. Authority for abatement - Removal from sale. The commissioner may,upon giving notice to the owner or the owner's agent, destroy, treat, or remove from sale, at the
owner's expense, any nursery stock offered for sale that is found to be not viable, not
accompanied by a certificate of inspection, not labeled correctly, or infested with a pest.4-21.1-05. Certification of nursery stock. A certificate of inspection may be issuedannually by the commissioner for nursery stock grown in licensed nurseries within North DakotaPage No. 1that is found to be practically free from damaging pests. Certificates expire December thirty-first
unless canceled at an earlier date. Certification may be withheld when nursery stock is infested
with a pest or if weeds or other objects prevent the commissioner from making an adequate
inspection of the nursery stock. All nursery stock being offered for sale within North Dakota must
be from officially inspected sources. A copy of a certificate of inspection from the state of origin
must accompany each commercial lot or shipment of nursery stock that is transported into or
offered for sale within North Dakota.All reproductions of the North Dakota certificate ofinspection needed for shipping purposes must be approved by the commissioner.4-21.1-06. Nursery license - Fee. No person may sell nursery stock without a licenseissued by the commissioner. Licenses expire December thirty-first unless revoked at an earlier
date. An application for renewal of license with any information requested by the commissioner
must be submitted and accompanied by a fee of fifty dollars on or before December thirty-first
each year. A separate license is required for each place of business. The fee for each additional
license, other than the principal place of business, is ten dollars. No license may be issued to a
grower unless the grower has been issued a certificate of inspection.4-21.1-07. Dealer's license - Fee. Repealed by S.L. 1987, ch. 88,