§ 4-15-2. Definitions. (Effective 5/13/2014)

     As used in this part:

(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) "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 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.

(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 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.

(9) "Nursery" means any place where nursery stock is propagated and grown for sale or distribution.

(10) "Nursery outlet" means any place or location where nursery stock is offered for wholesale or retail sale.

(11) "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 does not include 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.

(12) "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.

(13) "Pests of concern" means a nonquarantine pest that is not known to occur in the state, or which has a limited distribution within the state, and has the potential to negatively impact nursery stock health or pose an unacceptable economic or environmental risk.

(14) "Place of business" means each separate nursery, or nursery outlet, where nursery stock is offered for sale, sold, or distributed.

(15) "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) a virus or viroid;

(f) phytoplasma; or

(g) any infectious substance that can injure or cause disease or damage in any plant.

(16) "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.

(17) "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 its annual inspection; or

(ii) produces stock that meets the National Nursery Stock Compliance Standard.

Amended by Chapter 411, 2014 General Session