Section 7-04-02-06 - Minimum standards of viabilityAll nursery stock offered for sale must meet these minimum standards of viability or be removed from public view and not offered for sale.
1. Woody-stemmed deciduous stock must have moist, green cambium tissue in the stems and branches and must have viable buds or normal green, unwilted growth sufficient to permit the stock to live and grow in a form characteristic of the species when planted and given reasonable care.2. Nursery stock when in a wilted, rotted, or other such condition indicative of subnormal vitality may not be sold or offered for sale.3. Bare-rooted or prepackaged woody-stemmed stock having more than two inches [5.08 centimeters] of etiolated (nongreen) growth from individual buds may not be sold or offered for sale.4. Balled and burlapped stock in a weakened condition as evidenced by dieback or dryness of foliage or stock having broken or loose soil balls or soil balls of a size smaller than that specified by AmericanHort's "American Standard for Nursery Stock" may not be sold or offered for sale.5. Colored waxes or other materials used to coat the aerial parts of plants that change the appearance of the plant surface so as to prevent adequate inspection are prohibited.N.D. Admin Code 7-04-02-06
Amended effective January 1, 1988.Amended by Administrative Rules Supplement 373, July 2019, effective 7/1/2019.General Authority: NDCC 4.1-22-02
Law Implemented: NDCC 4.1-22-07