4-15-103. Definitions.
As used in this part:
(1) "Balled and burlapped stock" means nursery stock that is removed from the growing site with a ball of soil containing its root system intact and encased in burlap or other material to hold the soil in place.
(2) "Bare-root stock" means nursery stock that is removed from the growing site with the root system free of soil.
(3) "Compliance agreement" means any written agreement between a person and a regulatory agency to achieve compliance with any set of requirements being enforced by the department.
(4) "Container stock" means nursery stock that is transplanted in soil or in a potting mixture contained within a metal, clay, plastic, or other rigid container for a period sufficient to allow newly developed fibrous roots to form, so that if the plant is removed from the container the plant's root-media ball will remain intact.
(5) "Etiolated growth" means bleached and unnatural growth resulting from the exclusion of sunlight.
(6) "Minimum indices of vitality" mean standards adopted by the department to determine the health and vigor of nursery stock offered for sale in this state.
(7) "National nursery stock cleanliness standards" means nursery stock that:
(a) is free from quarantine pests and pests of concern;
(b) has all nonquarantine plant pests under effective control;
(c) meets the national nursery stock cleanliness standards; and
(d) is eligible for nursery stock certification and shipping permits.
(8) "Nonestablished container stock" means deciduous nursery stock that is transplanted in soil or in a potting mixture contained within a metal, clay, plastic, or other rigid container for a period insufficient to allow the formation of fibrous roots sufficient to form a root-media ball.
(9) "Nursery" means any place where nursery stock is propagated and grown for sale or distribution.
(10)
(a) "Nursery agent" means a person who solicits or takes an order for the sale of nursery stock, other than on the premises of a nursery or nursery outlet.
(b) "Nursery agent" includes a nursery landscaper.
(11) "Nursery outlet" means any place or location where nursery stock is offered for wholesale or retail sale.
(12)
(a) "Nursery stock" means:
(i) all plants, whether field grown, container grown, or collected native plants;
(ii) trees, shrubs, vines, grass sod;
(iii) seedlings, perennials, biennials, annuals; and
(iv) buds, cuttings, grafts, or scions grown or collected or kept for propagation, sale, or distribution.
(b) "Nursery stock" does not include:
(i) dormant bulbs, tubers, roots, corms, rhizomes, or pips;
(ii) field, vegetable, or flower seeds; or
(iii) cut flowers, unless stems or other portions of the cut flowers are intended for propagation.
(13) "Packaged stock" means bare-root stock that is packed either in bundles or in single plants with the roots in some type of moisture-retaining material designed to retard evaporation and hold the moisture-retaining material in place.
(14) "Pests of concern" means a nonquarantine pest that:
(a) is not known to occur in the state, or that has a limited distribution within the state; and
(b) has the potential to negatively impact nursery stock health or pose an unacceptable economic or environmental risk.
(15) "Place of business" means each separate nursery, or nursery outlet, where nursery stock is offered for sale, sold, or distributed.
(16) "Plant pests" means:
(a) the egg, pupal, and larval stage, as well as any other living stage of any insect, mite, nematode, slug, snail, protozoa, or other invertebrate animal;
(b) bacteria;
(c) fungi;
(d) parasitic plant or a reproductive part of a parasitic plant;
(e) virus or viroid;
(f) phytoplasma; or
(g) any infectious substance that can injure or cause disease or damage in any plant.
(17) "Quarantine pest" means a pest that poses potential negative economic or environmental impact to an area in which the pest currently:
(a) does not exist; or
(b) exists, but its presence is not widely distributed or is being officially controlled.
(18) "Shipping permit or certificate of inspection" means a sticker, stamp, imprint, or other document that accompanies nursery stock shipped intrastate and documents that the originating nursery:
(a) is licensed; and
(b)
(i) has stock that has passed annual inspection; or
(ii) produces stock that meets the National Nursery Stock Compliance Standard.
Amended by Chapter 59, 2024 General Session
