Department of Agriculture
Plant Industry Division
Rules and Regulations Pertaining to the Administration and Enforcement of the Colorado Nursery Act
8 CCR 1203-5
26-2.0	GRADING OF NURSERY STOCK
26-2.11	BALLING AND BURLAPPING SPECIFICATIONS
BALL DIAMETERS FOR NURSERY GROWN STOCK
Balled and burlapped nursery stock which has been nursery grown shall meet the minimum ball diameter requirements stated in the following tables. Ball diameters shall be measured six inches below the original soil line on stock dug by a mechanical spade or other machine.
Type 1 - Spreading Coniferous and Broadleaf Evergreens (e.g., Spreading Juniper and Mugho Pine)
Spread	Min. Ball Diameter	
1 1/2 to 2 ft.	11 in.	
2 to 2 1/2 ft.	14 in.	
2 1/2 to 3 ft.	18 in.	
3 to 3 1/2 ft.	22 in.	
3 1/2 to 4 ft.	26 in.	
4 to 5 ft.	30 in.	

Type 2 - Broad Coniferous and Broadleaf Evergreens (e.g., Pine and Spruce)
The minimum ball diameter for Type 2 shall be determined by measuring both the height and caliper of the tree and determining the minimum ball diameter from each of the following two tables. The required minimum ball diameter for the tree shall be the larger of these two dismeters.
Height	Min. Ball Diameter	
1 1/2 to 2 ft.	12 in.	
2 to 3 ft.	14 in.	
3 to 4 ft.	16 in.	
4 to 5 ft.	18 in.	
5 to 6 ft.	20 in.	
6 to 7 ft.	24 in.	
7 to 8 ft.	26 in.	
8 to 9 ft.	28 in.	
9 to 10 ft.	32 in.	
10 to 12 ft.	36 in.	
12 to 14 ft.	40 in.	
14 to 16 ft.	54 in.	
16 to 18 ft.	70 in.	
18 to 20 ft.	84 in.	

Caliper	Min. Ball Diameter	
1/2 to 3/4 in.	12 in.	
3/4 to 1 in.	14 in.	
1 to 1 1/4 in.	16 in.	
1 1/4 to 1 1/2 in.	18 in.	
1 1/2 to 1 3/4 in.	20 in.	
1 3/4 to 2 in.	24 in.	
2 to 2 1/2 in.	26 in.	
2 1/2 to 3 in.	28 in.	
3 to 3 1/2 in.	32 in.	
3 1/2 to 4 in.	36 in.	
4 to 4 1/2 in.	42 in.	
4 1/2 to 5 in.	48 in.	
5 to 5 1/2 in.	54 in.	
 	57 in.	
6 to 7 in.	60 in.	
7 to 8 in.	70 in.	
8 to 9 in.	80 in.	

Type 3 - Columnar Coniferous Evergreens (e.g., Upright Juniper)
Height	Min. Ball Diameter	
1 1/2 to 2 ft.	11 in.	
2 to 3 ft.	12 in.	
3 to 4 ft.	13 in.	
4 to 5 ft.	14 in.	
5 to 6 ft.	16 in.	
6 to 7 ft.	18 in.	
7 to 8 ft.	20 in.	
8 to 9 ft.	22 in.	
9 to 10 ft.	24 in.	

Type 4 - Deciduous Shrubs (e.g., Service-berry and Purpleleaf Sand Cherry)
Height	Min. Ball Diameter	
1 to 1 1/2 ft.	8 in.	
1 1/2 to 2 ft.	10 in.	
2 to 3 ft.	12 in.	
3 to 4 ft.	14 in.	
4 to 5 ft.	18 in.	
5 to 6 ft.	20 in.	
6 to 8 ft.	24 in.	
8 to 10 ft.	28 in.	
10 to 12 ft.	32 in.	

Type 5 - Shade and Ornamental Trees (e.g., Maple, Honeylocust and Flowering Crabapple)
Caliper	Min. Ball Diameter	
1/2 to 3/4 in.	12 in.	
3/4 to 1 in.	14 in.	
1 to 1 1/4 in.	16 in.	
1 1/4 to 1 1/2 in.	18 in.	
1 1/2 to 1 3/4 in.	20 in.	
1 3/4 to 2 in.	24 in.	
2 to 2 1/2 in.	26 in.	
2 1/2 to 3 in.	28 in.	
3 to 3 1/2 in.	32 in.	
3 1/2 to 4 in.	36 in.	
4 to 4 1/2 in.	42 in.	
4 1/2 to 5 in.	48 in.	
5 to 5 1/2 in.	54 in.	
5 1/2 to 6 in.	57 in.	
6 to 7 in.	60 in.	
7 to 8 in.	70 in.	
8 to 9 in.	80 in.	

BALL DIAMETERS FOR NURSERY GROWN STOCK
Balled and burlapped nursery stock which has been nursery grown shall meet the minimum ball diameter requirements stated in the following tables.  ball diameters shall be measured six inches below the original soil line on stock dug by a mechanical spade or other machine.
Deciduous Shade Trees (e.g. silver maple, bur oak, white oak, small-leaved linden)
Caliper	Min. Ball Diameter	
½ to ¾ in.	12 in.	
¾ to 1 in.	14 in.	
1 to 1 ¼ in.	16 in.	
1 ¼ to 1 ½ in.	18 in.	
1 ½ to 1 ¾ in.	20 in.	
1 ¾ to 2 in.	22 in.	
2 to 2 ½ in.	24 in.	
2 ½ to 3 in.	28 in.	
3 to 3 ½ in.	32 in.	
3 ½ to 4 in.	38 in.	
4 to 4 ½ in.	42 in.	
4 ½ to 5 in.	48 in.	
5 to 5 ½ in.	54 in.	
5 ½ to 6 in.	57 in.	
6 to 7 in.	60 in.	
7 to 8 in.	70 in.	
8 to 9 in. 	80 in.	
Small Upright and Small Spreading Deciduous Trees (e.g. redbud, hawthorn, Japanese maple, glossy privet)
Height	Min. Ball Diameter	
2 to 3 ft.	10 in.	
3 to 4 ft. 	12 in.	
4 to 5 ft.	14 in.	
5 to 6 ft.	16 in.	
¾ to 1 in.	16 in.	
1 to 1 ¼ in.	18 in.	
1 ¼ to 1 ½ in.	19 in.	
1 ½ to 1 ¾ in.	20 in.	
1 ¾ to 2 in.	22in.	
2 to 2 ½ in.	24 in.	
2 ½ to 3 in.	28 in.	
3 to 3 ½ in.	32 in.	
3 ½ to 4 in.	38 in.	
4 to 4 ½ in.	42 in.	
4 ½ to 5 in.	48 in. 	
5 to 5 ½ in.	54 in.	
5 ½ to 6 in.	57 in.	
6 to 7 in.	60 in.	
7 to 8 in.	70 in.	
8 to 9 in.	80 in.	
Spreading, Semi-Spreading, Broad Spreading, Globe, and Compact Upright Coniferous Evergreens (e.g. creeping juniper, mugo pine)
Height	Min. Ball Diameter	
9 to 12 in.	8 in.	
12 to 15 in.	10 in.	
15 to 18 in.	12 in.	
18 to 24 in.	14 in.	
24 to 30 in.	16 in.	
30 to 36 in.	18 in.	
36 to 42 in.	24 in.	
42 to 48 in.	26 in.	
4 to 5 ft.	28 in.	
5 to 6 ft.	36 in.	
6 to 7 ft.	40 in.	
7 to 8 ft.	46 in.	
8 to 9 ft.	54 in.	
Pyramidal, Broad Upright Coniferous Evergreens (e.g. pine, spruce, fir)
The minimum ball diameter for pyramidal, broad upright coniferous evergreens shall be determined by measuring both the height and caliper of the tree and determining the minimum ball diameter from each of the following two tables.  The required minimum ball diameter for the tree shall be the larger of these two diameters.
Height	Min. Ball Diameter	
1 ½ to 2 ft.	12 in.	
2 to 3 ft.	14 in.	
3 to 4 ft.	16 in.	
4 to 5 ft.	18 in.	
5 to 6 ft.	20 in.	
6 to 7 ft.	24 in.	
7 to 8 ft.	26 in.	
8 to 9 ft.	28 in.	
9 to 10 ft.	32 in.	
10 to 12 ft.	36 in.	
12 to 14 ft.	40 in.	
14 to 16 ft.	54 in.	
16 to 18 ft.	70 in.	
18 to 20 ft.	84 in.	

Caliper	Min. Bal Diameter	
½ to ¾ in.	12 in.	
¾ to 1 in.	14 in.	
1 to 1 ¼ in.	16 in.	
1 ¼ to 1 ½ in.	18 in.	
1 ½ to 1 ¾ in.	20 in.	
1 ¾ to 2 in.	24 in.	
2 to 2 ½ in.	26 in.	
2 ½ to 3 in.	28 in.	
3 to 3 ½ in.	32 in.	
3 ½ to 4 in.	36 in.	
4 to 4 ½ in.	42 in.	
4 ½ to 5 in.	48 in.	
5 to 5 ½ in.	54 in.	
5 ½ to 6 in.	57 in.	
6 to 7 in.	60 in.	
7 to 8 in.	70 in.	
8 to 9 in.	80 in.	
Columnar Coniferous Evergreens * (e.g. upright junipers)
Height/Caliper	Min. Ball Diameter	
12 to 15 in. – height	8 in.	
15 to 18 in. – height	10 in. 	
18 to 24 in. – height	12 in.	
24 to 30 in. – height	14 in.	
30 to 36 in. - height	16 in.	
3 to 4 ft. – height	18 in.	
4 to 5 ft. – height	20 in.	
5 to 6 ft. – height	22 in.	
6 to 7 ft. – height	24 in.	
7 to 8 ft. – height	26 in.	
8 to 9 ft. height	28 in.	
>9 ft. – height & 3 to 3 ½ in. – caliper	32 in.	
3 ½ to 4 in. – caliper	34 in.	
4 to 4 ½ in. – caliper	38 in.	
4 ½ to 5 in. – caliper	42 in.	
5 to 5 ½ in. – caliper	48 in.	
5 ½ to 6 in. – caliper	54 in.	
6 to 7 in. – caliper	60 in.	
7 to 8 in. – caliper	72 in.	
8 to 9 in. – caliper	84 in.	
9 to 10 in. – caliper	90 in.	
*rapid growing varieties should have root balls one size smaller
Spreading, semi-spreading, broad spreading, compact upright, and globe Broadleaf Evergreens (e.g. cotoneaster)
Height	Min. Ball Diameter	
9 to 12 in.	8 in.	
12 to 15 in.	10 in.	
15 to 18 in.	12 in.	
18 to 24 in.	14 in.	
24 to 30 in.	16 in.	
30 to 36 in.	18 in.	
36 to 42 in.	24 in.	
42 to 48 in.	26 in.	
4 to 5 ft.	28 in.	
5 to 6 ft.	36 in.	
6 to 7 ft.	40 in.	
7 to 8 ft.	46 in.	
8 to 9 ft.	52 in.	
Broad Upright, Cone Broadleaf Evergreens (e.g. mockorange)
Height/Caliper	Min. Ball Diameter	
12 to 15 in. - height	8 in.	
15 to 18 in. – height	10 in.	
18 to 24 in. – height	12 in.	
24 to 30 in. – height	14 in.	
30 to 36 in. - height	16 in.	
3 to 4 ft. - height	18 in.	
4 to 5 ft. – height	20 in.	
5 to 6 ft. – height	22 in.	
6 to 7 ft. – height	24 in.	
7 to 8 ft. – height	26 in.	
8 to 9 ft. - height	28 in.	
9 ft. – height & 3 to 3 ½ in. – caliper	32 in.	
3 ½ to 4 in. - caliper	34 in.	
4 to 4/12 in. – caliper	38 in.	
4 ½ to 5 in. – caliper	42 in.	
5 to 5 ½ in. – caliper	48 in.	
5 ½ to 6 in. – caliper	54 in.	
6 to 7 in. – caliper	60 in.	
7 to 8 in. – caliper	72 in.	
8 to 9 in. – caliper	84 in.	
9 to 10 in. - caliper	90 in.	
Columnar Broadleaf Evergreens (e.g. boxwood)
Height/Caliper	Min. Ball Diameter	
12 to 15 in. - height	7 in.	
15 to 18 in. – height	8 in.	
18 to 24 in. – height	9 in.	
24 to 30 in. – height	11 in.	
30 to 36 in. – height	13 in.	
3 to 4 ft. – height	14 in.	
4 to 5 ft. – height	16 in.	
5 to 6 ft. – height	18 in.	
6 to 7 ft. – height	20 in.	
7 to 8 ft. – height	22 in.	
8 to 9 ft. – height	24 in.	
9 ft. – height & 2 ½ to 3 in. – caliper	26 in.	
3 to 3 ½ in. – caliper	28 in.	
3 ½ to 4 in. – caliper	32 in.	
4 to 4 ½ in. – caliper	36 in.	
4 ½ to 5 in. – caliper	40 in.	
5 to 5 ½ in. – caliper	44 in.	
5 ½ to 6 in. – caliper	48 in.	
6 to 7 in. – caliper	54 in.	
7 to 8 in. – caliper	66 in.	
8 to 9 in. – caliper	78 in.	
9 to 10 in. – caliper	90 in.	
Narrow Or Upright Shrub Form Trees and Multi-Stem Trees (e.g. Serviceberry, common lilac)
Height	Min. Ball Diameter	
4 to 5 ft.	14 in.	
5 to 6 ft.	18 in.	
6 to 7 ft.	22 in.	
7 to 8 ft.	26 in.	
8 to 10 ft.	28 in.	
10 to 12 ft.	32 in.	
12 to 14 ft.	38 in.	
14 to 16 ft.	44 in.	
16 to 18 ft.	50 in.	
18 to 20 ft.	60 in.	
<20 ft.	70 in.	
Broad or Spreading Shrub Form Trees and Multi-Stem Trees (e.g. Serviceberry, common lilac)
Height	Min. Ball Diameter	
4 to 5 ft.	24 in.	
5 to 6 ft.	28 in.	
6 to 7 ft.	32 in.	
7 to 8 ft.	36 in.	
8 to 10 ft.	40 in.	
10 to 12 ft.	44 in.	
12 to 14 ft.	52 in.	
14 to 16 ft.	60 in.	
16 to 18 ft.	66 in.	
18 to 20 ft.	74 in.	
<20 ft.	80 in.	
Ball Depths
Ball depths shall carry the following ratios for nursery grown stock:
Ball with diameters less than 20 inches- depth not less than 65% of diameter- except collected aspens, not less than 40% of diameter.
Ball with diameters of more than 20 inches- depth not less than 60% of diameter- except for collected aspen, not less than 40% of diameter.
BALL DIAMETERS FOR COLLECTED NURSERY STOCK
Balled and burlapped nursery stock which has been collected from its original native habitat shall meet the minimum ball diameter requirements stated in the following talbes tables. Caliper measurements shall be taken six inches above the soil line. Ball diameter measurements shall be taken six inches below the soil line on stock dug by a mechanical spade or other machine.
Type 6 - Collected Pinyon Pine
Caliper	Min. Ball Diameter	
1 to 1 1/2 in.	16 in.	
1 1/2 to 2 in.	18 in.	
2 to 2 1/2 in.	20 in.	
2 1/2 to 3 in.	24 in.	
3 to 3 1/2 in.	26 in.	
3 1/2 to 4 in.	28 in.	
4 to 4 1/2 in.	32 in.	
4 1/2 to 5 in.	36 in.	

Type 7 - Collected Aspen
Height	Min. Ball Diameter	
5 to 6 ft.	8 in.	
6 to 8 ft.	10 in.	

Caliper	
1 to 1 1/2 in.	12 in.	
1 1/2 to 2 in.	14 in.	
2 to 2 1/2 in.	18 in.	
2 1/2 to 3 in.	22 in.	

Clump aspen trees shall be measured by the largest stem.
Type 8 - All Collected Plants other than Pinyon Pine and Aspen
Caliper	Min. Ball Diameter	
1 to 1 1/2 in.	14 in.	
1 1/2 to 2 in.	16 in.	
2 to 2 1/2 in.	20 in.	
2 1/2 to 3 in.	24 in.	
3 to 3 1/2 in.	28 in.	
3 1/2 to 4 in.	32 in.	
4 to 4 1/2 in.	36 in.	
4 1/2 to 5 in.	40 in.	

For caliper sizes larger than those given under Type 8 the ratio of ball diameter to caliper shall be 8 to 1.
BALL DEPTHS
Ball depths shall carry the following ratios for both nursery grown stock and collected nursery stock:
Balls with diameters less than 20 inches-depth not less than 75% of diameter-except for on collected aspen, not less than 40% of diameter.
Balls with diameters of 20 inches to 30 inches incl.-depth not less than 66 2/3 % of diameter-except for on collected aspen, not less than 40% of diameter.
Balls with diameters of 31 inches to 48 inches incl.-depth not less than 60% of diameter.
Percentage of depth of larger balls will scale down proportionately.
Ball Depths shall carry the following ratios for collected nursery stock:
Balls with diameters less than 20 inches- depth not less than 75% of diameter- except for on collected aspen, not less than 40% of diameter.
Balls with diameters of 20 inches to 30 inches incl.- depth not less than 66 2/3% of diameter- except for on collected aspen, not less than 40% of diameter.
Balls with diameters of 31 inches to 48 inches incl.- depth not less than 60% of diameter.
26-8.0	ENFORCEMENT OF PROHIBITED WEED RULES BY LOCAL GOVERNMENT ENTITIES
26-8.1	AUTHORITY TO CONDUCT INSPECTIONS
The Commissioner may authorize individual counties, weed districts and other local governmental entities to conduct nursery stock inspections as provided for in section 35-26-103, C.R.S., for the limited purpose of enforcing Part 26-9.0 of these Rules pertaining to the sale of prohibited weeds.
26-8.2	AUTHORITY TO ISSUE STOP SALE ORDERS
The Commissioner may authorize individual counties, weed districts and other local governmental entities to issue stop sale orders as provided for in section 35-26-1015, C.R.S., for the limited purpose of enforcing Part 26-9.0 of these Rules pertaining to the sale of prohibited weeds.
26-8.3	STANDARDS FOR QUALIFICATION OF LOCAL GOVERNMENTAL ENTITIES TO ENFORCE PROHIBITED WEED RULES
a.	Any local governmental entity wishing to conduct prohibited weed inspections or issue stop sale orders as an agent of the Commissioner to enforce Part 26-9.0 of these Rules shall submit an application in the form and manner prescribed by the Commissioner.
b.	Every applicant must submit a list of the names of all employees who will perform such work and, if the application is granted, inform the Commissioner of any subsequent changes to the list within 10 days.  All listed employees must be able to demonstrate, to the satisfaction of the Commissioner:
i.	Sufficient scientific knowledge to identify the species listed as prohibited weeds in section 26-9.0;
ii.	Sufficient legal knowledge to conduct inspections and issue stop sale orders for the purpose of enforcing Part 26-9.0 in accordance with the Colorado Nursery Act and its associated Rules.
c.	The decision to grant or deny an application from a local governmental entity for authority to enforce Part 26-9.0 rests solely within the discretion of the Commissioner.  Nothing in these Rules shall obligate the Commissioner to grant any application if the Commissioner determines that such decision would not serve the interests of the Department.
26-8.4	MEMORANDUM OF AGREEMENT
Once an application is granted by the Commissioner, the local governmental entity that submitted it shall be required to enter into a Memorandum of Agreement specifying the terms and conditions under which the entity, through its designated employees, is authorized to perform such work.  At any time thereafter, the Commissioner of the local governmental entity may terminate the Memorandum of Agreement for any reason by giving written notice to the other party.
26-8.5	FINANCIAL AND LEGAL RESPONSIBILITY
There shall be no charge for any inspection conducted by a local governmental entity acting under the Commissioner’s authority in accordance with this Part 26-8.0.  All costs incurred by a local governmental entity in conducting such inspections shall be the sole and exclusive responsibility of that entity.  No Memorandum of Agreement entered into under this Part 26-8.0 shall create or impose any financial or legal responsibility or obligation on the State of Colorado or any of its employees for any action taken by any signatory local governmental entity or its employees. 
26-8.0 9.0	PROHIBITED WEEDS
The following plant species shall not be sold as nursery stock within the State of Colorado or contaminate nursery stock (except that this provision does not apply to turfgrass), as evidenced by plants or plant parts visible above the ground in nursery stock prepared for sale within the State of Colorado:
ORNAMENTAL VARIETIES
Bouncingbet (Saponaria officinalis)
Chinese clematis (Clematis orientalis)
Common St. Johnswort (Hypericum perforatum)
Common tansy (Tanacetum vulgare)
Cypress spurge (Euphorbia cyparissias)
Dame's rocket (Hesperis matronalis)
Giant salvinia (Salvinia molesta)
Hydrilla (Hydrilla verticillata)
Myrtle spurge (Euphorbia myrsinites)
Orange hawkweed (Hieracium aurantiacum)
Oxeye daisy (Chrysanthemum leucanthemum)
Purple loosestrife (Lythrum salicaria and L. virgatum)
Russian-olive (Elaeagnus angustifolia)
Saltcedar (Tamarix parviflora and T. ramosissima)
Scentless chamomile (Matricaria perforatum perforata)
Yellow toadflax (Linaria vulgaris)
OTHER VARIETIES
Absinth wormwood (Artemisia absinthium)
African rue (Peganum harmala)
Black henbane (Hyoscyamus niger)
Black knapweed (Centaurea nigra)
Black nightshade (Solanum nigrum)
Blue mustard (Chorispora tenella)
Bull thistle (Cirsium vulgare)
Camelthorn (Alhagi pseudalhagi)
Canada thistle (Cirsium arvense)
Chicory (Cichorium intybus)
Coast tarweed (Madia sativa)
Common burdock (Arctium minus)
Common crupina (Crupina vulgaris)
Common groundsel (Senecio vulgaris)
Common mullein (Verbascum thapsus)
Common teasel (Dipsacus fullonum)
Corn Chamomile (Anthemis Arvensis)
Cutleaf Teasel (Dipsacus Laciniatus)
Dalmatian toadflax, broad-leaved (Linaria dalmatica)
Dalmatian toadflax, narrow-leaved (L. genistifolia)
Diffuse knapweed (Centaurea diffusa)
Downy brome (Bromus tectorum)
Dyer's woad (Isatis tinctoria)
Eurasian watermilfoil (Myriophyllum spicatum)
Field bindweed (Convolvulus arvensis)
Field sandbur (Cenchrus pauciflorus)
Flixweed (Descurainia sophia)
Green foxtail (Setaria viridis)
Hairy nightshade (Solanum sarrachoides)
Halogeton (Halogeton glomeratus)
Hoary cress (Cardaria draba)
Houndstongue (Cynoglossum officinale)
Johnsongrass (Sorghum halepense)
Jointed goatgrass (Aegilops cylindrica)
Kochia (Kochia scoparia)
Leafy spurge (Euphorbia esula)
Longspine sandbur (Cenchrus longispinus)
Mayweed chamomile (Anthemis cotula)
Meadow knapweed (Centaurea pratensis)
Mediterranean sage (Salvia aethiopis)
Medusahead rye (Taeniatherum caput-medusae)
Moth mullein (Verbascum blattaria)
Musk thistle (Carduus nutans)
Perennial pepperweed (Lepidium latifolium)
Perennial sowthistle (Sonchus arvensis)
Plumeless thistle (Carduus acanthoides)
Poison hemlock (Conium maculatum)
Puncturevine (Tribulus terrestris)
Quackgrass (Agropyron repens) (a.k.a. Elytrigia repens)
Redstem filaree (Erodium cicutarium)
Rush skeletonweed (Chondrilla juncea)
Russian knapweed (Centaurea Acroptilon repens)
Russian thistle (Salsola collina and S. iberica)
Scotch thistle (Onopordum acanthium and O. tauicum)
Sericea lespedeza (Lespedeza cuneata)
Shepherdspurse (Capsella bursa-pastoris)
Spotted knapweed (Centaurea maculosa)
Spurred anoda (Anoda cristata)
Squarrose knapweed (Centaurea virgata)
Sulfur cinquefoil (Potentilla recta)
Swainsonpea (Sphaerophysa salsula)
Tansy ragwort (Senecio jacobaea)
Velvetleaf (Abutilon theophrasti)
Venice mallow (Hibiscus trionum)
Wild caraway (Carum carvi)
Wild mustard (Brassica kaber)
Wild oats (Avena fatua)
Wild proso millet (Panicum miliaceum)
Yellow foxtail (Setaria glauca)
Yellow nutsedge (Cyperus esculentus)
Yellow starthistle (Centaurea solstitialis)
26-10.0	Reserved
26-11.0	Reserved
26-12.0	Statements of Basis, Specific Statutory Authority and Purpose
26-12.1 – 12	To be added at a later date.
26-12.13	March 9, 2006 – Effective May 30, 2006
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, and 35-26-103(3) CRS 2005, the following rules and regulations are hereby promulgated:
Statutory Authority:  
These amendments to the permanent rules pertain to Part 2 "Grading of Nursery Stock", new Part 8 “Enforcement Of Prohibited Weed Rules By Local Governmental Entities" and Part 9 Prohibited Weeds.
Purpose:  
The purpose of this rulemaking is to update the specifications for balled and burlapped nursery stock balled to be consistent with the American Standard for Nursery Stock where appropriate, provide for enforcement of the prohibited weed rules by local governmental entities and update the prohibited weed list to mirror the Colorado noxious weed law. 
Factual and Policy Issues:  
The factual and policy issues encountered in the proposal of these permanent rules are as follows:
(1)	The American Standard for Nursery Stock as adopted by the American Nursery and Landscape Association has changed several of the standards for balled and burlapped nursery stock.  In order to facilitate interstate movement of nursery stock it is necessary to have similar standards between states as appropriate based on climatic conditions.
(2)	Some local governmenetal entities, primarily weed districts, have a vested interest in prohibiting the sale of weeds.  Some of these entities wish to take an active role in inspecting and enforcing against nursery dealers that attempt to sell prohibited weeds as defined in part 9.0.  Providing a mechanism to allow them to perform these functions is also advantageous to the Colorado Department of Agriculture.  This process provides the ability to inspect and take action in remote areas that the Department may not be able to reach except a few times per year. 
(3)	The noxious weed list has been modified to remove species considered native to Colorado or are so widespread that it is impossible to obtain statewide control.  The prohibited weed list is being changed to parallel these changes.