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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-15-1 Short title.
This chapter shall be known and may be cited as "The Utah
Nursery Act."
1981
4-15-2 Definitions.
As used in this chapter:
(1) "Balled and burlapped stock" means nursery stock which 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 which is removed from the growing site with the root system free of soil;
(3) "Container stock" means nursery stock which 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 its root-media ball will remain intact;
(4) "Etiolated growth" means bleached and unnatural growth resulting from the exclusion of sunlight;
(5) "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;
(6) "Nonestablished container stock" means deciduous nursery stock which 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;
(7) "Nursery" means any place where nursery stock is propagated and grown for sale or distribution;
(8) "Nursery outlet" means any place or location where nursery stock is offered for wholesale or retail sale;
(9) "Nursery stock" means all plants, whether field grown, container grown, or collected native plants; trees, shrubs, vines, grass sod; seedlings, perennials, biennials; and buds, cuttings, grafts, or scions grown or collected or kept for propagation, sale, or distribution; except that it shall not mean dormant bulbs, tubers, roots, corms, rhizomes, pips; field, vegetable, or flower seeds; or bedding plants, annual plants, florists' greenhouse or field-grown plants, flowers or cuttings;
(10) "Place of business" means each separate nursery, or nursery outlet, where nursery stock is offered for sale, sold, or distributed;
(11) "Packaged stock" means bare-root stock which 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.
1981
4-15-3 Department authorized to make and enforce rules.
The department is authorized, subject to Title 63, Chapter
46a, Utah Administrative Rulemaking Act, to make and enforce
such rules as in its judgment are necessary to administer
and enforce this chapter.
1995
4-15-4 Unlawful to offer nursery stock for sale or to solicit orders for nursery stock without license.
It is unlawful for any person in this state to offer nursery
stock for sale at a nursery or nursery outlet, or to solicit
or receive orders for nursery stock for a person who regularly
engages in the business of operating a nursery or nursery
outlet, without a license issued by the department.
1981
4-15-5 License - Application - Fees - Expiration - Renewal.
(1) Application for a license to operate a nursery or nursery outlet or to solicit or receive orders of nursery stock for a person regularly engaged in the business of operating a nursery or nursery outlet shall be made to the department on forms prescribed and furnished by it. Upon receipt of a proper application and compliance with applicable regulations, and payment of a license fee determined by the department pursuant to Subsection 4-2-2 (2) for each place of business where the applicant intends to offer nursery stock for wholesale or retail sale, or the payment of a fee determined by the department pursuant to Subsection 4-2-2 (2) in the case of an agent, the commissioner, if satisfied the convenience and necessity of the industry and the public will be served, shall issue a license to engage in the otherwise proscribed activity through December 31 of the year in which the license is issued, subject to suspension or revocation for cause.
(2) A license to operate a nursery or nursery outlet or
an agent's license is renewable on or before December 31
of each year for a period of one year upon the payment of
an annual license renewal fee determined by the department
pursuant to Subsection
4-2-2
(2).
1985
4-15-6 Nursery stock for wholesale or retail sale - Graded and sized - Labels and tags - Information to appear on label or tag.
Each type of nursery stock delivered to a nursery or nursery
outlet for subsequent wholesale or retail sale shall be sized
and graded in accordance with the applicable regulations
of the department and shall bear a tag or label with the
name, grade, size, and variety of the stock. Each bundle,
single lot, or single nursery stock sold at retail shall
bear a secure tag or label with the common or botanical name,
grade, size, and variety of the stock legibly printed or
written on it.
1981
4-15-7 Inspection - Issuance of certificate - Destruction of infested or diseased stock.
(1) Each nursery shall be inspected by the department at least once each year. If upon inspection it appears that the nursery and its stock are free of insect pests and plant disease the department shall issue a certificate to that effect to the nursery.
(2) Each nursery outlet shall be inspected by the department at least once each year during the period nursery stock is offered for retail sale. An inspection certificate may be issued by the department to a nursery outlet to permit the interstate shipment of nursery stock if the stock contemplated for shipment appears free of insect pests and plant disease.
(3) Nursery stock found to be infested with insect pests
or infected with plant disease shall be destroyed or otherwise
treated as determined by the department.
1981
4-15-8 Transport of out-of-state nursery stock to Utah - Certificate of inspection to be filed with department by out-of-state nurseries - Option in department to accept exchange list in lieu of certificate of inspection - Imported stock to be tagged - Treatment of stock not tagged.
(1) Out-of-state nurseries and nursery outlets transporting nursery stock to a nursery or nursery outlet in this state shall annually deliver to the department a certified duplicate copy of the "state of origin" certificate of inspection for each such out-of-state nursery or nursery outlet; provided, that the department may accept and exchange a list of certified or licensed out-of-state nurseries or nursery outlets in lieu of a certificate of inspection for each such individual nursery or nursery outlet.
(2) Nursery stock originating outside and imported into
this state for customer delivery or for resale shall bear
a tag stating that the nursery stock has been inspected and
certified free from plant pests and disease. The tag shall
also bear the name and address of the shipper or consignor.
A shipment of nursery stock destined for delivery in this
state which is not accompanied with such a tag may be returned
to the owner or consignor at such person's expense, or may
be destroyed, or otherwise disposed of by the department
without compensation to the owner or consignor.
1981
4-15-9 Nursery stock offered or advertised for sale - Unlawful to misrepresent name, origin, grade, variety, quality or vitality - Information required in advertisements.
No person shall misrepresent the name, origin, grade,
variety, quality, or indice of vitality of any nursery stock
advertised or offered for sale at a nursery or nursery outlet.
All advertisements of nursery stock shall clearly state the
name, size, and grade of the stock where applicable.
1981
4-15-10 Infested or diseased stock not to be offered for sale - Identification of "nonestablished container stock" - Requirements for container stock - Inspected and certified stock only to be offered for sale - Prohibition against coating aerial plant surfaces.
(1) Nursery stock which is infested with plant pests, including noxious weeds, or infected with disease or which does not meet minimum indices of vitality shall not be offered for sale.
(2) All nonestablished container stock offered for sale shall be identified by the words "nonestablished container stock" legibly printed on a water resistant tag which states the length of time it has been planted or the date it was planted and shall not be offered for sale in any manner which leads a purchaser to believe it is container stock.
(3) All container stock offered for sale shall be established with a root-media mass that will retain its shape and hold together when removed from the container.
(4) No nursery stock other than officially inspected and certified stock shall be offered for wholesale or retail sale in this state.
(5) Colored waxes or other materials which coat the aerial
parts of a plant and change the appearance of the plant surface
are prohibited.
1981
4-15-11 Enforcement - Inspection - Stop sale order - Procedure - Warrants.
(1) The department may issue a "stop sale" order to any nursery or nursery outlet which it finds, or has reason to believe, is offering, advertising, or selling nursery stock in violation of Section 4-15-10 . The "stop sale" order shall be in writing and no nursery stock subject to it shall be advertised or sold, except upon subsequent written release by the department.
(2) The department is authorized for the purpose of ascertaining
compliance with this chapter to enter and inspect any nursery
or nursery outlet where nursery stock is kept during their
business hours. If access for the purpose of inspection is
denied, the department may proceed immediately to the nearest
court of competent jurisdiction and obtain an ex parte warrant
or its equivalent to permit inspection of the nursery or
nursery outlet.
1981
4-15-12 Suspension or revocation - Grounds - Notice and hearing.
The department may suspend or revoke the license of any
nursery, nursery outlet, or agent that violates Section
4-15-9
or
4-15-10
; provided, that no suspension or revocation
shall be effective until after the nursery, nursery outlet,
or agent is afforded notice and a hearing.
1981
