COLORADO DEPARTMENT OF AGRICUTLURE
Plant Industry Division
Rules Pertaining to the Administration and Enforcement of the Colorado Nursery Act
8 CCR 1203-5
Pursuant to the provisions and requirements of the Colorado Nursery Act to regulate the sale and distribution of nursery stock, and by authority of Title 35, Article 26, Section 111, C.R.S., the following rules, which apply to all nursery stock sold or offered for sale in this state, are hereby promulgated:
2.0	NURSERY STOCK SPECIFICATIONS
2.1	DECIDUOUS TREES
ROOT SPREAD - BARE ROOT TREES
Bare root trees shall have a minimum root spread as follows:

Caliper	Min. Root spread	
Greater than 1/2 in. up to 3/4 in.	12 in.	
Greater than 3/4 in. up to 1in.	16 in.	
Greater than 1 in. up to 1 1/4 in.	18 in.	
Greater than 1 in. up 1/4 to 1 1/2 in.	20 in.	
Greater than 1 in. up 1/2 to 1 3/4 in.	22 in.	
Greater than 1 in. up 3/4 to 2 in.	24 in.	
Greater than 2 in. up to 2 1/2 in.	28 in.	
Greater than 2 1/2 in. up to 3 in.	32 in.	
Greater than 3 in. up to 3 1/2 in.	38 in.	
2.2	DECIDUOUS SHRUBS
ROOT SPREAD - BARE ROOT SHRUBS
Bare root shrubs shall have a minimum root spread as follows:

Height of Plant	Min Root Spread	
Greater than 18 in. up to 24 in.	10 in.	
Greater than 2 ft. up to 3 ft.	11 in.	
Greater than 3 ft. up to 4 ft.	14 in.	
Greater than 4 ft. up to 5 ft.	16 in.	
Greater than 5 ft. up to 6 ft.	18 in.	
2.3	ROSE GRADES
GENERAL
The standards specified apply only to field-grown roses when sold bare root, or individually wrapped and packaged, or in cartons.
Roses shall be graded by number and caliper of canes.
As used in the grading specifications below, “strong cane” means a cane that is healthy, vigorous, and fully developed so that it is hardened-off throughout. The caliper of the cane shall be measured not higher than 4 inches from the bud union. 
A.	Hybrid Tea, Tea, Grandiflora, Floribunda Rugosa Hybrids, Hybrid Perpetuals, Moss, and climbing roses

Grade No. 1 -	At least three strong canes measuring at least 5/16 inch in caliper, branched not higher than 3 inches from the bud union.	
Grade No. 1 1/2 -	At least two strong canes measuring at least 5/16 inch in caliper, branched not higher than 3 inches from the bud union.	
Grade No. 2 -	At least two canes, one of which shall be a strong cane measuring at least 5/16 inch in caliper. The second shall be at least 1/4 inch in caliper, branched not higher than 3 inches from the bud union.	
B.	Polyantha, shrub, landscape and low growing Floribunda Roses

Grade No. 1 -	At least three strong canes measuring at least 1/4 inch in caliper, branched not higher than 3 inches from the bud union.	
Grade No. 1 1/2 -	At least two strong canes measuring at least 1/4 inch in caliper, branched not higher than 3 inches from the bud union.	
Grade No. 2 -	At least two canes, one of which shall be a strong cane measuring at least 1/4 inch in caliper.	
12.0	Statements of Basis, Specific Statutory Authority and Purpose
12.17	February 12, 2014 – Effective March 30, 2014
Statutory Authority
These amendments to the rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under § 35-26-111 C.R.S. of the Colorado Nursery Act (the “Act”).  
The purpose of these proposed rule amendments are as follows:
1.	Delete Rule 2.4 Specifications for Balled and Burlapped Nursery Stock.
2.	Delete Rule 2.5 Specifications for Balled and Potted Nursery Stock.
3.	Delete Rule 2.6 Specifications for In Ground Fabric Bag Grown Nursery Stock.
Factual and Policy Basis issues encountered when developing these rules include:
1.	Changes to Rules 2.4, 2.5, and 2.6 were made under the efficiency review process in 2012 of the Nursery Act to allow for consistency in enforcement. 
2.	During an information and education period, Nursery Industry from within and outside Colorado brought up concerns that the restrictions on root ball sizes made in 2.4, 2.5 and 2.6 were too strict and were prohibitive to many outside of the State of Colorado.
3.	Two meetings were held with industry representatives and the CNGA Board of Directors to discuss the concerns of the industry.
4.	No other states enforce root ball restrictions.
5.	Root ball sizes were determined to be best management practices best suited for industry and market place adjustment and not regulatory enforcement. In order to be enforceable the root ball restrictions had to be narrow and were too restrictive to business.
6.	The CNGA Board of Directors advised that CDA remove root ball restrictions from the Rules. Root ball restrictions are best management practices, too variable and unenforceable.