Colorado Department of Agriculture
Plant Industry Division
Rules and Regulations 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, CRS 1973 C.R.S., the following rules and regulations, which apply to all nursery stock sold or offered for sale in this state, are hereby promulgated:
PART 26-1.0	DEFINITIONS
26-1.1	“Balled and burlapped nursery stock (B&B)” means that nursery stock which that has been removed from the growing site with a ball of soil, containing the root system, left intact and encased in surrounded with burlap or other similar material to hold the soil in place, and shall also include that nursery stock which has been removed from the growing site by a mechanical spade or other machine with a ball of soil, containing the root system, left intact but not necessarily encased in burlap or other similar material.
26-1.2	“Balled and potted nursery stock” means that nursery stock which that has been removed from the growing site with a ball of soil, containing the root system, left intact and placed in a container.
26-1.3	“Bare root nursery stock” means that nursery stock which that has been removed from the growing site with the root system substantially free of soil.
1.4	“Bedding plants” means any non-perennial herbaceous plant produced in flats, small pots or trays intended for transplanting in the garden, or landscape.
1.5	“Bench packed nursery stock” means bare root nursery stock with the roots packed in a growing medium mixture and encased in burlap or other material or placed in a container to hold the growing medium in place.
1.6	“Blend” means a combination of varieties of the same species of turfgrass in any percentages.
26-1.4 1.7	“Container grown nursery stock” means that nursery stock which that has been planted and grown in a container with the root system in soil, or other potting mixture capable of sustaining normal plant growth, and which has become established in the container and exhibits a well-rooted condition as evidenced by the soil ball remaining intact when removed from said container.
26-1.5 1.8	“Etiolated growth” means bleached and unnatural growth resulting from the exclusion of sunlight.
1.9	“Fibrous roots” means an early stage of root growth producing numerous, extensively branched roots.
1.10	“Girdling” means a physical injury caused by a foreign object, such as, but not limited to, a rope or guy wire that compresses the outer surface of a plant stem or trunk deeply enough to constrict the cambium around the plant’s entire circumference in a manner that significantly impairs the viability of the plant by restricting the flow of fluids through the xylem or phloem.
1.11	“Girdling root” means a root that encircles the root ball and contacts the stem above the root system.
1.12	“In-ground fabric bag-grown nursery stock” means nursery stock that has been planted in a fabric bag with the root system in soil or in any other potting mixture capable of sustaining normal plant growth; and that in turn has been field planted while in the bag.    
1.13	“Mixture” means a combination of two or more different species (kinds) of turfgrasses.
1.14	“Mechanical injury” means injury done to a plant by abiotic causes or physical damage that leads to deviation from normal growth such as, but not limited to, injury caused by equipment, chemicals, cold, lightning, water stress, wind, or  hail.
1.15	“Named blend or mixture” means the sales name given to a particular blend or mixture of turfgrass by the grower.
26-1.6 1.16	“Packaged nursery stock” means that bare root nursery stock packed with the roots in peat, shingletow, or other moisture-retaining material encased in plastic film or in any other material designed to hold the moisture-retaining material in place.
26-1.7 1.17	“Plantable container” means a container which, that when planted in the soil, will allow root penetration within one growing season.
26-1.8	“Potted stock” means that nursery stock which has been planted in a container with the roots in soil or other potting mixture capable of sustaining normal plant growth, which has not become established as described in 26-1.4 of these definitions.
26-1.9 1.18	“Primary bud” means the most vigorous bud at a node.
26-1.10	“Prohibited weeds in turfgrass sod” means the following plant species except when any of these species is labeled for sale purposes in accordance with Section 35-26-104 (3), CRS 1973, as amended, and 26-4.2 of these rules and regulations:
1.	Bentgrass (Agrostis spp. - except in pure stands)
2.	Bluegrass, rough (Poa trivialis)
3.	Quackgrass (Agropyron repens)
26-1.11 1.19	“Weeds” means any plant species other than the species labeled in accordance with Section § 35-26-104 (1), CRS 1973 C.R.S., and 26-4.2 of these rules and regulations.
26-1.12	“Bench packed stock” means that nursery stock with the roots packed in a growing medium mixture to form a ball, and encased in burlap or other similar material to hold the growing medium in place.
26-1.13	“Blend” means a combination of varieties of the same species of turfgrass in any percentages.
26-1.14	“Mixture” means a combination of two or more different species (kinds) of turfgrasses.
26-1.15	“Named blend or mixture” means the sales name which has been given to a particular blend or mixture by the grower. This sales name shall identify the grower and may or may not disclose the varieties or kinds or percentages of each in the blend or mixture.
26-1.16	“Sell or offer for sale” and “sale” mean, for the purposes of the Colorado Nursery Act and these rules and regulations, all times in which the person engaged in the business of selling nursery stock has custody or control of the nursery stock, including those acts leading to the transfer, or the transfer of the nursery stock for consideration either in money or its equivalent. For the purposes of the Colorado Nursery Act and these rules and regulations, the transfer shall not be deemed to have occurred until such time that the person engaged in the business of selling nursery stock ceases to have custody or control of the nursery stock.
26-1.17	“In-ground fabric bag-grown stock” means that nursery stock which has been planted in a fabric bag with the root system in soil, or other potting mixture capable of sustaining normal plant growth; which, in turn, has been field planted while in the bag; and which has become established in the bag and exhibits a well-rooted condition, as evidenced by the soil ball remaining intact when removed from the bag.
PART 26-2.0	GRADING OF NURSERY STOCK SPECIFICATIONS
26-2.1	DECIDUOUS TREES
HEIGHT MEASUREMENT
Height shall be given in single foot units up to 6 ft.; example: 5–6 ft. Over 6 ft. height shall be given in double foot units; example: 6–8 ft., 12–14 ft.
CALIPER MEASUREMENT
Caliper of the trunk shall be taken 6 inches above the ground level up to and including 4 inch caliper size and 12 inches above ground level for the larger sizes. Caliper shall be the determining measurement in grading.
HEIGHT RELATIONSHIP TO CALIPER
Height measurement should be expressed as approved height range. The table in Type 1 shows the approved height range and also the maximum heights permitted. The grades specified are for minimum heights only, for general varieties.
Type 1.	Standard Shade Trees
The height relationship to caliper will for most standard shade trees be as follows:
Caliper	Height Range	Maximum Height	
1/2 to 3/4 in.	 5 to 6	ft.	 8 ft.	
3/4 to 1 in.	 6 to 8	ft.	10 ft.	
1 to 1 1/4 in.	 7 to 9	ft.	11 ft.	
1 1/4 to 1 1/2 in.	 8 to 10 ft.	12 ft.	
1 1/2 to 1 3/4 in.	10 to 12 ft.	14 ft.	
1 3/4 to 2 in.	10 to 12 ft.	14 ft.	
2 to 2 1/2 in.	12 to 14 ft.	16 ft.	
2 1/2 to 3 in.	12 to 14 ft.	16 ft.	
3 to 3 1/2 in.	14 to 16 ft.	18 ft.	
3 1/2 to 4 in.	14 to 16 ft.	18 ft.	
4 to 5 in.	16 to 18 ft.	22 ft.	
5 to 6 in.	18 ft. and up	26 ft.	
Type 2.	Slower Growing Shade Trees
Trees of slower growth which will not usually attain the height measurement in relation to caliper as in Type 1. The height shall, however, be not less than two-thirds the height relationship given for Type 1.
Type 3.	Small Trees
This is a broad group including small trees as well as “standard” forms of plants which may be grown as a clump or shrub. Height shall be the governing measurement. For single stem plants the minimum relationship of caliper and branching will usually be as follows:
2 to 3 ft.	5/16 in. caliper	3 or more branches	
3 to 4 ft.	7/16 in. caliper	4 or more branches	
4 to 5 ft.	9/16 in. caliper	5 or more branches	
5 to 6 ft.	11/16 in. caliper	6 or more branches	
6 to 8 ft.	7/8 in. caliper	6 or more branches	
ROOT SPREAD - BARE ROOT NURSERY GROWN TREES
All bBare root trees shall have a minimum root spread as follows heavy fibrous root system which has been developed by proper cultural treatment, transplanting and root pruning. The following table represents the minimum root spread for nursery grown shade trees:

Caliper	Height Range	Min. Root Spread	
Greater than 1/2 in. up to 3/4 in.	 5 to 6 ft.	12 in.	
Greater than 3/4 in. up to 1in.	 6 to 8 ft.	16 in.	
Greater than 1 in. up to 1 1/4 in.	 7 to 9 ft.	18 in.	
Greater than 1 in. up 1/4 to 1 1/2 in.	 8 to 10 ft.	20 in.	
Greater than 1 in. up 1/2 to 1 3/4 in.	10 to 12 ft.	22 in.	
Greater than 1 in. up 3/4 to 2 in.	10 to 12 ft.	24 in.	
Greater than 2 in. up to 2 1/2 in.	12 to 14 ft.	28 in.	
Greater than 2 1/2 in. up to 3 in.	12 to 14 ft.	32 in.	
Greater than 3 in. up to 3 1/2 in.	14 to 16 ft.	38 in.	
ROOT SPREAD - BARE ROOT COLLECTED
Trees collected from native stands or established plantings must be so designated. The spread of roots, bare root trees, shall be 1/3 greater than the spread of roots, bare root nursery grown, as tabulated above.
26-2.2	DECIDUOUS SHRUBS
HEIGHT MEASUREMENT
Dwarf and Semi-dwarf Shrubs: State height in inches up to 24 inches, usually in 3 inch series; example: 3–6 in., 6–9 in. Larger than 24 inches state height in feet with 1/2 foot series; example: 2 to 2 1/2 ft., 2 1/2 to 3 ft.
Strong Growing Shrubs: Grade in a 6 inch series up to 24 inches; example: 12 to 18 in.; over 24 inches by single feet up to 6 feet; then in double feet above 6 feet; example: 8–10 ft.
DEFINITION OF CANE AND CLUMP
A cane shall be considered a primary stem which starts from the ground or close to the ground at a point not higher than one-fourth the height of the plant.
A clump indicates a plant with at least double the number of canes required for standard material.
ROOT SPREAD - BARE ROOT NURSERY GROWN SHRUBS
Roots of deciduous shrubs shall be well branched and fibrous and bBare root shrubs shall have a minimum root spread as follows:

Size of Plant -	18 to 24 in.	2 – 3 ft.	3 – 4 ft.	4 – 5 ft.	5 – 6 ft.	6 – 8 ft.	
Min Root Spread	10 in.	11 in.	14 in.	16 in.	18 in.	20 in.	

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.	
ROOT SPREAD - BARE ROOT COLLECTED
Shrubs collected from native stands or established plantings must be so designated. The spread of roots, bare root collected, shall be 1/3 greater than the spread of roots of nursery grown shrubs as tabulated above.
Type 1 - Shrubs: Dwarf and Semi-dwarf
12 – 15 in.	shrubs shall have not less than 4 canes,	12 in. and up	
15 – 18 in.	shrubs shall have not less than 4 canes,	15 in. and up	
18 – 24 in.	shrubs shall have not less than 5 canes,	18 in. and up	
2 - 2 ½ ft.	shrubs shall have not less than 6 canes,	2 ft. and up	
2 ½ - 3 ft.	shrubs shall have not less than 7 canes,	2 ½ ft. and up	
Examples:
Berberis thunbergi minor	Ribes alpinum	
Philadelphus coronaries aureus	Rosa rugosa	
Potentilla fruticosa	Spiraea bumalda “Anthony Waterer”	
Type 2
1 ½ - 2 ft.	shrubs shall have not less than 3 canes,	1 ½ ft. and up	
2 – 3 ft.	shrubs shall have not less than 4 canes,	2 ft. and up	
3 – 4 ft.	shrubs shall have not less than 5 canes,	3 ft. and up	
4 – 5 ft.	shrubs shall have not less than 6 canes,	4 ft. and up	
Examples:
Cornus alba, sibirica, racemosa, stolonifera	Ligustrum ibota, vulgare	
Kolkwitzia amabilis	Philadelphus lemoinei	
Ligustrum amurense, ibolium	Rosa multiflora, setigera	
	Spiraea, tall varieties	
Type 3
1 ½ ft.	shrubs shall have not less than 3 canes,	1 ½ ft. and up	
2 – 3 ft.	shrubs shall have not less than 3 canes,	2 ft. and up	
3 – 4 ft.	shrubs shall have not less than 4 canes,	3 ft. and up	
4 – 5 ft.	shrubs shall have not less than 5 canes,	4 ft. and up	
Examples:
Acanthopanax sieboldianus	Lonicera, bush form	
Alnus rugosa	Philadelphus, all standard var.	
Amelanchier	Prunus triloba, bush form	
Aronia arbutifolia, melanocarpa	Prunus cistena	
Cornus sanguinea	Rhamnus cathartica, frangula	
Corylus americana	Rosa blanda	
Cotoneaster acutifolia	Sambucus canadensis cutleaf Gold	
Euonymus americana	Sorbaria aitchisoni, arborea, sorbifolia	
Forsythia, all varieties	Symphoricarpos chennaulti, mollis, occidentalis, albus, orbiculatus	
Hamamelis	Syringa chinensis, amurensis, japonica, josikea, persica, villosa	
Hibiscus, bush form	Viburnum dentatum, lantana, molle, opulus, tomentosum, trilobum, cassionides	
Hydrangea arborescens grandiflora “Snowhill”		
Hydrangea paniculata grandiflora PG		
Kerria japonica		
Ligustrum obtusifolium regelainum		
Type 4
1 ½ - 2 t.	shrubs shall have not less than 2 canes,	1 ½ ft. and up	
2 – 3 ft.	shrubs shall have not less than 2 canes,	2 ft. and up	
3 – 4 ft.	shrubs shall have not less than 3 canes,	3 ft. and up	
4 – 5 ft.	shrubs shall have not less than 4 canes,	4 ft. and up	
Examples:
Amorpha fruticosa	Euonymus alatus, atropurpureus, europaeus	
Baccharis halimifolia	Lespedeza bicolor	
Caragana arborescens	Rhamnus cathartica, frangula	
Chioanthus virginica	Syringa vulgaris, vulgaris alba	
Colutea arborescens	Tamarix	
Cotinus americanus, coggygria	Viburnum lentago	
Cornus alternifolia, mas		
Eleagnus angustifolia, commutata, umbellata		
Type 5
1 ½ ft.	shrubs with 1 or more canes	1 ½ ft. and up in height	5/16 in. cal.	
2 – 3 ft.	shrubs with 1 or more canes	2 ft. and up in height	3/8 in. cal.	
3 – 4 ft.	shrubs with 1 or more canes	3 ft. and up in height	½ in. cal.	
4 – 5 ft.	shrubs with 1 or more canes	4 ft. and up in height	5/8 in. cal.	
5 – 6 ft.	shrubs with 1 or more canes	5 ft. and up in height	7/8 in. cal.	
Examples:
Rhus glabra, glabra laciniata, typhina, typhina laciniata
Type 6 - Barberry
12 – 15 in.	Berberis thunbergi,	3 canes or more,	12 in. and up	
15 – 18 in.	Berberis thunbergi,	3 canes or more,	15 in. and up	
1 ½ - 2 ft.	Berberis thunbergi,	4 canes or more,	1 ½ ft. and up	
2 – 2 ½ ft.	Berberis thunbergi,	4 canes or more,	2 ft. and up	
2 ½ - 3 ft.	Berberis thunbergi,	5 canes or more,	2 ½ ft. and up	
3 ft.	Berberis thunbergi,	6 canes or more,	3 ft. and up	
Type 7 - Privet (Hedging)
1 ½ - 2 ft.	Ligustrum in variety shall have 3 canes or more	1 ½ ft. and up	
2 – 3 ft.	Ligustrum in variety shall have 4 canes or more	2 ft. and up	
3 – 4 ft.	Ligustrum in variety shall have 5 canes or more	3 ft. and up	
4 – 5 ft.	Ligustrum in variety shall have 6 canes or more	4 ft. and up	
Note: For other species see Type 2 and 3.
26-2.3	EVERGREENS
QUALITY DEFINITIONS
The quality of evergreens offered is assumed to be normal for the species of variety unless otherwise designated as:
Specimen. (Spec.) This designation may be used to indicate exceptionally heavy, well shaped plants and is usually applied to the larger commercial sizes and plants which have been cut back and trimmed to form a perfectly symmetrical, tightly knit plant.
Collected. (Coll.) Natural seedling plants dug from native stands or forest plantings must be so designated.
EVERGREENS - CONIFERS
Type 1 - Spreading
Measurement designates spread (height not considered). Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches up to 4 feet. Use 1 foot intervals from 4 feet up.
Measurement shall be average of plant and not the greatest diameter. Plants properly trimmed and transplanted should measure the same in any direction. If a plant is uneven, for example, 15 inches the widest way and 9 the narrowest, it should be classified as 12 inch stock.
Examples:
Juniperus horizontalis and varieties.
Type 2 - Semi-Spreading
Measurement designates spread. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches up to 4 feet. Use 1 foot intervals from 4 feet up. Measurement shall be average as in Type 1.
Height of material will be at least one half the spread. Above 3 feet the height will be less than the spread, varying somewhat according to the natural growth of the particular species and method of handling.
Spread	Height	
6 to 9 in. up to 3 ft.	same as spread	
3 to 4 ft.	2 ½ to 3 ½ ft.	
4 to 5 ft.	3 to 4 ft.	
Examples:
Juniperus chinensis “Pfitzer”, sabina “Tammy”
Type 3 - Globe or Dwarf
Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches up to 4 feet. Use 1 foot intervals from 4 feet up.
Height	 	Spread	
6 to 9 in.	Up to 12 in. min. spread,	same	
12 to 15 in.	min. spread,	10 in.	
15 to 18 in.	min. spread,	12 in.	
18 to 24 in.	min. spread,	15 in.	
2 to 2 ½ ft.	min. spread,	18 in.	
2 ½ to 3 ft.	min. spread,	21 in.	
3 to 3 ½ ft.	min. spread,	24 in.	
Examples:
Juniperus virginiana “Globe”, Picea (Dwarf ball shaped types), Juniperus squamata “Meyer”
Type 4 - Cone (Pyramidal)
Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches up to 5 feet. Use 1 foot intervals from 5 to 8 feet. Use 2 foot intervals from 8 feet up.
In determining height, measurement shall begin at the soil line and end at a point midway between the uppermost whorl of branches and the tip of the leader.
Height	Spread	
12 to 15 in.	8 to 12 in.	
15 to 18 in.	9 to 15 in.	
18 to 24 in.	12 to 18 in.	
2 to 2 ½ ft.	15 to 21 in.	
2 ½ to 3 ft.	18 to 24 in.	
 3 to 4	ft.	21 to 30 in.	
 4 to 5	ft.	2 ½ to 3 ft.	
 5 to 6	ft.	 3 to 4	ft.	
Examples:
Abies, Picea, Pseudotsuga menzesii, Pinus (except dwarf types)
Type 5 - Broad Upright
Measurement designates height. Use same intervals as in Type 4. This group includes all the broader, upright growing evergreens which develop a straight-sided form with many up-right branches or “leaders.”
Height	Spread	
12 to 15 in.	8 to 12 in.	
15 to 18 in.	9 to 15 in.	
18 to 24 in.	12 to 18 in.	
 2 to 2 ½ ft.	15 to 21 in.	
2 ½ to 3 ft.	18 to 24 in.	
 3 to 4	ft.	21 to 30 in.	
 4 to 5	ft.	2 ½ to 3 ft.	
 5 to 6	ft.	3 to 4 ft.	
Examples:
Taxus media “Hicks”, “Hatfield”
Type 6 - Columnar
Measurement designates height. Use same intervals as in Type 4. This group includes all the upright growing evergreens which naturally develop a straight-sided form or one that tapers only slightly from the ground to a point more than half the height.
Height	Spread	
12 to 15 in.	3 to 6 in.	
15 to 18 in.	4 to 7 in.	
18 to 24 in.	5 to 8 in.	
2 to 2 ½ ft.	6 to 9 in.	
2 ½ to 3 ft.	7 to 10 in.	
3 to 4 ft.	9 to 12 in.	
4 to 5 ft.	12 to 15 in.	
5 to 6 ft.	15 to 18 in.	
6 to 7 ft.	18 to 21 in.	
7 to 8 ft.	21 to 24 in.	
8 to 10 ft.	24 to 30 in.	
Examples:
Juniperus virginiana (columnar varieties)
EVERGREENS - BROADLEAF
Five general types or groups are considered separately as follows:
Type 1 - Spreading
Measurement designates spread (height not considered). Use 3 inch intervals up to 24 inches. Use 6 inch intervals from 24 inches to 4 feet. Use 1 foot intervals from 4 feet up.
Examples:
Cotoneaster horizontalis, Mahonia repens
Type 2 - Semi-Spreading
Measurement designates spread (height not considered). Use 3 inch intervals up to 24 inches. Use 6 inch intervals from 24 inches to 4 feet. Use 1 foot intervals from 4 feet up.
Examples:
Berberis verruculosa
Type 3 - Globe or Dwarf
Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 4 feet. Use 1 foot intervals from 4 feet up.
 Height	Spread	
6 to 9 in.	min. spread 5 in.	
9 to 12 in.	min. spread 6 in.	
12 to 15 in.	min. spread 7 in.	
15 to 18 in.	min. spread 9 in.	
18 to 24 in.	min. spread 10 in.	
 2 to 2 ½ ft.	min. spread 14 in.	
Examples:
Mahonia aquifolium “Compact”
Type 4 - Broad Upright
Measurement designates height. Use 3 inch intervals up to 18 inches. Use 6 inch intervals from 18 inches to 3 feet. Use 1 foot intervals from 3 feet up.
Height	Spread	
12 to 15 in.	min. spread 8 in.	
15 to 18 in.	min. spread 10 in.	
18 to 24 in.	min. spread 12 in.	
 2 to 2 ½ ft.	min. spread 16 in.	
 3 to 4	ft.	min. spread 24 in.	
 4 to 5	ft.	min. spread 28 in.	
Examples:
Mahonia aquifolium
Type 5 - Conical
Specifications identical to Type 4. This type includes all upright growing broadleaf evergreens which naturally develop into a conical form. Well grown material will have a ratio of height to spread of 3 to 2. A greater spread is acceptable.
GENERAL
Measurement of height shall begin where the branches start rather than at the ground, if the plant is leggy. It shall stop where the main part of the plant ends and not at the tip of a thin shoot.
26-2.4 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.
All grades of roses must have a well-developed root system and have proportionate weight and caliper according to grade and variety. Roses shall be graded by number and caliper of canes.
As used in the grade sizes 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 is shall be measured not higher than 4 inches (10 cm) from the bud union. Finished shipping length shall be not less than 6 inches (15.0 cm).
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 (0.8 cm) in caliper and up, branched not higher than 3 inches (8 cm) from the bud union.	
Grade No. 1 1/2 -	At least two strong canes measuring at least, 5/16 inch (0.8 cm) in caliper and up, branched not higher than 3 inches (8 cm) 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 (0.8 cm) in caliper and up. The second shall be at least 1/4 inch (0.6 cm) in caliper, branched not higher than 3 inches (8 cm) from the bud union.	
Although Floribunda roses are included in the above grade standard, it should be noted that Floribunda roses in this group will normally result in the marketing of rose bushes which are, on the average, lighter for this class. Polyantha, Shrub, Landscape, and low growing Floribunda roses may be graded per Subpart B, immediately below.
B.	Polyantha, shrub, landscape, and low growing Floribunda Roses

Grade No. 1 -	At least three strong canes measuring at least 1/4 inch (0.6 cm) in caliper and up, branched not higher than 3 inches (8 cm) from the bud union.	
Grade No. 1 1/2 -	At least two strong canes, measuring at least 1/4 inch (0.6 cm) in caliper and up, branched not higher than 3 inches (8 cm) 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 (0.6 cm) in caliper and up.	
C.	Field grown miniatures
Large Variety:
Grade No. 1 -	At least two canes, one of which shall be ¼ inch (0.6 cm) in diameter and the other 9/32 inch (0.7 cm) in diameter or 5 canes, one of which is ¼ inch (0.6 cm) in diameter and 4 smaller, healthy canes.	
Grade No. 2 -	At least two canes, one of which is ¼ inch (0.6 cm) in diameter plus one healthy cane.	
Small Variety:
Grade No. 1 -	At least two canes 9/32 inch (0.7 cm) in diameter or five smaller, healthy canes.	
Grade No. 2 -	Two healthy canes.	

Root System:
Grade No. 1 -	5 inches (13 cm) or more in length, spaced 50% or more around the shank in a balanced fashion.	
Grade No. 2 -	3 to 5 inches (8-13 cm) in length, spaced 50% or more around the shank in a balanced fashion.	
Standard Tree Rose 36 inches (91 cm):
 Grade No. 1 -	Height 36 inches (91 cm) or more. The standard cane size measured at 3 inches (8 cm) below the bud union must be at least 7/16 (11 mm) in diameter. Bud development (head) must have a least two bud eyes and must be well-branched in a balanced fashion as defined in Subparts A and B immediately above and C, herein. The standard cane shall be upright and straight.	
Grade No. 1 ½ - 	Height 36 inches (91 cm) or more. The standard cane size measured at 3 inches (8 cm) below the bud union must be at least 7/16 inch (11 mm) in diameter. Bud development (head) must have at least two bud eyes and must be well-branched in a balanced fashion as defined in Subparts A and B immediately above and C, herein, with 70% or more head development. The standard cane shall be upright and straight.	
Grade No. 2 Substandard -	All Tree Roses not meeting the No. 1 or No. 1 1/2 grades described above are defined as substandard.	
Patio Tree Rose 18 inches (50 cm)
Grade No. 1 -	Height at least 18 inches (50 cm) or more not to exceed 36 inches (91 cm). The standard size measured at 3 inches (8 cm) below the bud union must be at least 3/8 inches (10 mm) in diameter. Bud development (head) must have at least two bud eyes and must be well-branched in a balanced fashion as defined in Subparts A and B above and C, herein. The standard cane shall be upright and straight.	
Grade No. 2 Substandard -	All Patio Tree Roses not meeting the No. 1 grade are defined as substandard.	
Mini-Tree Rose (Miniature Varieties)
Grade No. 1 -	Height at least 12 inches (30 cm) or more not to exceed 18 inches (46 cm). The standard size measured at 3 inches (8 cm) below the bud union must be at least 5/16 inch (8 mm) in diameter. Bud development (head) must have at least two bud eyes and must be well-branched in a balanced fashion as defined in Subparts A and B above and C, herein. The standard cane shall be upright and straight.	
Grade No. 2 Substandard -	All Mini-Tree Roses not meeting the No. 1 grade are defined as substandard.	
26-2.5	VINES
Type 1 - Fast Growing
The fast growing vines which normally produce a number of vigorous woody runners in one or two years shall be graded and designated as follows:
2 Year No. 1 -	shall have heavy well branched tops with not less than 3 runners 18 inches and up and a vigorous well developed root system.	
2 Year No. 2 -	lighter grade than Number 1 but without serious defects. 3 runners 12 inches and up with a root system commensurate with the top.	
Older vines shall be designated according to age, heavy or light grade, length of runners and other characteristics such as standard, grafted, potted or tubbed.
Examples:
Celastrus scandens, Lonicera, Parthenocissus quinquefolia engelmanni
Type 2 - Medium Growing
Woody vines usually starting with a single cane or runner shall be designated by age and grade, heavy or light.
2 Year No. 1 - 	shall have a heavy well branched top and a vigorous well developed root system.	
2 Year No. 2 -	lighter grade than the above without serious defects, top not as well branched. Root system must be in proportion to the top.	
Older vines shall be designated according to age, heavy or light grades, length of runners, and other characteristics such as standard, grafted, potted or tubbed.
Examples:
Aristolochia, Campsis radicans, Parthenocissus tricuspidata, Euonymus radicans and varieties, Hedera helix, Vitis
Type 3 - Clump
Clump types shall be designated by age and heavy or light grade. Dormant plants may or may not have live runners. In this group a well developed root system and a healthy well developed crown are the important considerations.
Examples:
Clematis
Type 4 - Ground Covers
Dwarf vines and ground covers are to be designated by age, size of clump and length of runners and other characteristics peculiar to the particular species offered.
Examples:
Arctostaphylos, Vinca minor, Hedera helix, Euonymus radicans
GROUND COVERS - CONTAINER GROWN
Ground covers sold in pots or similar containers shall be established in the container and shall exhibit a well rooted condition. The following are suggested minimum specifications:
Variety	Pot Size	Min. No. of Runners	Min. Length of Runners	
Lonicera jap. halliana	2 ¼ in.	2 to 3	4 to 6 in.	
Lonicera jap. halliana	3 in.	3 to 8	6 to 8 in.	
Lonicera jap. halliana	4 in.	4 to 8	8 to 12 in.	
Hedera helix and baltica	2 ¼ in.	2	4 to 6 in.	
Hedera helix and baltica	3 in.	3	6 to 8 in.	
Hedera helix and baltica	4 in.	4	8 to 12 in.	
Vinca minor	2 ¼ in.	6 to 8	4 to 6 in.	
Vinca minor	3 in.	8 to 12	4 to 6 in.	
Collected (Coll.) - Plants collected from the wild must be so designated.
26-2.6	FRUIT TREES
All trees shall have reasonably straight bodies according to habit of growth. All grades 5/16 and larger shall be branched, except one year Sweet Cherry, and well rooted. The 9/16 and 11/16 shall have 3 or more side branches. Caliper shall be taken two inches above the collar or bud. Height shall be taken from the collar if grafted or from the union of the bud and stock if budded.
The caliper shall govern grading, height being intended to represent average height of most varieties. Slow growing kinds may fall short of height specified. Age shall be given as 1 year, 2 year, etc.
All fruit trees are tied 11/16 - 9/16, ten per bundle; 7/16 - 5/16, twenty per bundle and have two printed labels per bundle.
Caliper (in inches)	Minimum Heights	
APPLE - STANDARD	
11/16 to 1 in.	4 ½ ft. and up	
9/16 to 11/16 in.	4 ft. and up	
7/16 to 9/16 in.	3 ft. and up	
5/16 to 7/16 in.	2 ft. and up	
		
APPLE - DWARF	
9/16 and up	3 ½ ft. and up	
7/16 to 9/16	2 ½ ft. and up	
5/16 to 7/16	2 ft. and up	
		
APRICOT	
11/16 and up	4 ft. and up	
9/16 to 11/16	3 ft. and up	
1/16 to 9/16	2 ½ ft. and up	
5/16 to 7/16	2 ft. and up	

Caliper (in inches)	Minimum Heights	
CHERRY – SWEET	
11/16 and up	1 & 2 yr. 	4 ½ ft. and up	
9/16 to 11/16	1 & 2 yr. 	4 ft. and up	
7/16 to 9/16	1 & 2 yr. 	3 ft. and up	
5/16 to 7/16	1 & 2 yr. 	2 ft. and up	
			
CHERRY - SOUR	
11-16 and up	2 year	4 ft. and up	
9/16 to 11/16	2 year	3 ½ ft. and up	
7/16 to 9/16	2 year	3 ft. and up	
5/16 to 7/16	2 year	2 ft. and up	
11/16 and up	1 year	3 ½ ft. and up	
9/16 to 11/16	1 year	3 ft. and up	
7/16 to 9/16	1 year	2 ½ ft. and up	
5/16 to 7/16	1 year	2 ft. and up	

Caliper (in inches)	Minimum Heights	
PEACH	
11/16 and up	4 ½ ft. and up	
9/16 to 11/16	4 ft. and up	
7/16 to 9/16	3 ft. and up	
5/16 to 7/16	2 ft. and up	
		
PEAR – STANDARD	
11/16 and up	4 ½ ft. and up	
9/16 to 11/16	4 ft. and up	
7/16 to 9/16	3 ft. and up	
5/16 to 7/16	2 ft. and up	
		
PEAR – DWARF	
9/16	3 ½ ft. and up	
7/16	3 ft. and up	
5/16	2 ft. and up	
		
PLUM	
11/16 and up	4 ½ ft. and up	
9/16 to 11/16	4 ft. and up	
7/16 to 9/16	3 ft. and up	
5/16 to 7/16	2 ft. and up	
		
QUINCE	
9/16 and up	3 ½ ft. and up	
7/16 to 9/16	3 ft. and up	
5/16 to 7/16	2 ft. and up	
ONE YEAR STANDARD
One year old fruit tree stock (apples, pears, cherries, plums, peaches, nectarines, apricot and quince) from the three West Coast states, Washington, Oregon and California, graded in 1/8 inch intervals as follows shall be accepted:
1 yr.	¾ inch and up	
1 yr.	5/8 inch and up	
1 yr.	½ inch to 5/8 inch	
1 yr.	3/8 inch to ½ inch	
1 yr.	¼ inch to 3/8 inch	
26-2.7	FRUIT TREE SEEDLINGS
CALIPER MEASUREMENT
Caliper shall be taken at the collar or ground line and grade numbers shall correspond to the following calipers:
3/8	3/8 to 7/16	tied 50 per bundle	
1/4	¼ to 3/8	tied 100 per bundle	
No. 1	3/16 to ¼	tied 100 per bundle	
No. 2	1/8 to 3/16	tied 200 per bundle	
No. 3	1 ½ /16 to 2/16	tied 200 per bundle	
No. 4	1/16 to 1 1/2 /16	tied 200 per bundle	
Exception: Grade No. 1 “straight” apple seedlings shall be graded from 3/16 to 5/16 caliper.
SPECIAL SPECIFICATIONS
In case of seedlings with limbs there shall be at least 2 inches above the collar free of limbs for one half the circumference of the seedling.
In case of apple or pear seedings where the root description is given as branched or straight, the following shall apply:
Branched Root - not less than 3 root branches. Point of branching shall not be more than 4 inches from the collar.
Straight Root - the root shall carry the caliper of the grade for not less than 6 inches from the collar.
In the case of cutting grown stock, the caliper shall be taken on the original cutting at the collar.
26-2.8	SMALL FRUITS
All small fruit plants must be well rooted. No injured, dwarfed or odd shaped plants shall be included in any grade.
RASPBERRIES
Grade No. 1 -	sucker and root cutting plants, and also tip plants, shall be graded 3/16 inch and up in caliper at the collar; sucker plants shall have 10 inches or more of live top; tip plants shall have 8 inches or more of live top; plants to be tied 25 per bundle.	
Grade No. 2 -	sucker and root cutting plants, and also tip plants, shall be graded 2/16 inch and up in caliper at the collar; sucker and root cutting plants to have 8 inches or more of live top; tip plants, 6 inches or more of live top. Tied 25 per bundle.	
TRANSPLANTED RASPBERRIES
Grade No. 1 -	all transplanted raspberries shall caliper 1/4 inch and up at the collar and have 15 inches or more of live top. Tied 25 per bundle.	
Grade No. 2 -	transplanted raspberries shall caliper 3/16 inch and up at the collar and have 12 inches or more of live top. Tied 25 per bundle.	
DEWBERRIES, BLACKBERRIES, BOYSENBERRIES, YOUNGBERRIES
Grade No. 1 -	root cuttings shall caliper 2/16 inch and sucker plants shall caliper 3/16 inch and up at the collar and have 12 inches or more of live top. Tied 50 per bundle.	
Grade No. 2 -	root cuttings shall caliper 3/32 inch and sucker plants shall caliper 2/16 inch and up at the collar and have 8 inches or more of live top. Tied 50 per bundle.	
TRANSPLANTED BLACKBERRIES
Grade No. 1 -	shall caliper 1/4 inch and up at the collar and have 12 inches or more of live top. Tied 25 per bundle.	
CURRANTS
Grade 2 Yr. No. 1 - 	12 inches and up in height with 2 or more branches. Tied 25 per bundle.	
Grade 1 Yr. No. 1 -	9 inches and up in height; if single cane plants, to be 12 inches high. Tied 50 per bundle.	
Grade 2 Yr. No. 2 -	same specifications as 1 Yr. No. 1.	
BLUEBERRIES
All measurements to indicate overall height of plant from crown to tip. All to be well rooted and well branched in proportion to height.
1 year rooted cuttings	3 to 6 in.	
2 year No. 1	9 to 12 in.	
2 year No. 2	6 to 9 in.	
3 year No. 1	12 to 18 in.	
4 year No. 1	18 to 24 in.	
GOOSEBERRIES
Grade 2 Yr. No. 1 -	shall measure 12 inches or more in height with 3 or more canes, or equivalent side branches, and shall be tied 25 per bundle.	
Grade 1 Yr. No. 1 -	shall measure 8 inches or more in height with 2 or more canes, or equivalent side branches, and shall be tied 50 per bundle.	
Grade 2 Yr. No. 2 -	same specifications as 1 Yr. No. 1.	
GRAPE VINES
Grading of grape vines is based mainly on the root system.
Grade 2 Yr. No. 1 -	the lighter growing varieties shall have 12 inches or more of live top; stronger growing varieties shall be proportionately larger. Tied 50 per bundle.	
Grade 1 Yr. No. 1 -	lightest growers shall have 6 inches or more of live top; stronger growers shall be proportionately larger. Tied 100 per bundle.	
Grade 2 Yr. No. 2 -	same specifications as 1 Yr. No. 1.	
STRAWBERRY PLANTS
There shall be at least 10 main roots, not less than 3 inches long, and a minimum crown diameter of 5/16 inch measured at the base.
26-2.9	LINING OUT STOCK
GENERAL
Lining out stock shall include all plant material coming from propagating houses, beds or frames and young material of suitable size to plant out in nursery rows.
DESIGNATION
Age—Shall be given by number of years since propagated or in the case of seedlings, since growth started.
Transplanted—The number of times transplanted to be represented by using for each transplanting the letter “T”.
Seedling—Stock to be represented by the letter “S”.
Cuttings—To be represented by the letter “C”.
Grafted—Stock to be represented by the letter “G”.
Size—Shall be given in accordance with the intervals recommended for each plant class.
Examples:
Koster Spruce G, 6-8” 4 Yr. TT means Koster Spruce graft, 6 to 8 inches high, 4 years old and twice transplanted.
SIZE DESIGNATION
In grading use 2” intervals up to 12”; 3” intervals up to 24”; 6” intervals for larger sizes.
EVERGREEN LINING OUT STOCK
Evergreens shall be transplanted frequently enough to create a good root system, which will insure a minimum of transplanting loss, and to give the top room enough to start the branch framework properly, making a well-shaped specimen when placed in the nursery stock row.
26-2.10	SEEDLING TREES AND SHRUBS
DECIDUOUS OR HARDWOODS
Caliper measurements are taken at root collar or ground line.
Caliper	Min. Height	Min Root Length	
3 ½/16 in. and up	12 in.	10 in.	
 3/16 in. to 3 ½/16 in.	10 in.	10 in.	
2 ½/16 in. to 3/16 in.	8 in.	8 in.	
1 ½/16 in. to 2 ½/16 in.	6 in.	8 in.	
Tops or roots will not be trimmed unless specified by grower or requested by purchaser.
When height is important measurements are taken from root collar or ground line.
Height	Min. Caliper	Min. Root Length	
24 to 36 in.	3 ½/16 in.	12 in.	
18 to 24 in.	3/16 in.	10 in.	
12 to 18 in.	2 ½/16 in.	10 in.	
6 to 12 in.	1 1/2 /16 in.	8 in.	
Suggested for commercial nurseries furnishing or purchasing stock for the retail trade, and still comply with demands for calipered stock.
It shall be understood that when heights are to govern, caliper specification is minimum and when caliper is to govern, the height specification is minimum.
CONIFERS OR EVERGREENS
Height	Min. Caliper	
12 to 15 in.	3/16 in.	
9 to 12 in.	2 ½/16 in.	
6 to 9 in.	1 ½/16 in.	
Age is not important when height or caliper is specified. However it may be used in listings or when demanded by purchaser.
KEY for use in indicating seedling, root pruned or transplants:
S —seedling
RP—root pruned (shall not be root pruned deeper than 6 inches when applying to conifers)
T—one T for each time transplanted
GENERAL
All plants are to have well developed root systems, to be free of insects and diseases as well as mechanical injuries, and in all respects be suitable for field planting. All conifers must have dormant buds and secondary needles.
26-2.11 2.4	BALLING AND BURLAPPING SPECIFICATIONS FOR BALLED AND BURLAPPED NURSERY STOCK
BALL DIAMETERS FOR NURSERY GROWN STOCK
Balled and burlapped nursery stock which that has been nursery grown shall meet the minimum ball diameter requirements stated specified in the following tables. Ball diameters shall be measured six inches below the original soil line on stock dug up by a mechanical spade or other machine.
CALIPER MEASUREMENT FOR NURSERY STOCK
Caliper of the trunk shall be taken 6 inches above the ground level up to and including 4 inch caliper size and 12 inches above ground level for the larger sizes.
Deciduous Shade Trees (e.g. silver maple, bur oak, white oak, small-leaved linden)

Caliper	Min. Ball Diameter	
Greater than 1/2 in. up to 3/4 in.	12 in.	
Greater than 3/4 in. up to 1 in.	14 in.	
Greater than 1 in. up to 1 1/4 in.	16 in.	
Greater than 1 1/4 in. up to 1 1/2 in.	18 in.	
Greater than 1 1/2 in. up to 1 3/4 in.	20 in.	
Greater than 1 3/4 in. up to 2 in.	22 in.	
Greater than 2 in. up to 2 1/2 in.	24 in.	
Greater than 2 1/2 in. up to 3 in.	28 in.	
Greater than 3 in. up to 3 1/2 in.	32 in.	
Greater than 3 1/2 in. up to 4 in.	38 in.	
Greater than 4 in. up to 4 1/2 in.	42 in.	
Greater than 4 1/2 in. up to 5 in.	48 in.	
Greater than 5 in. up to 5 1/2 in.	54 in.	
Greater than 5 1/2 in. up to 6 in.	57 in.	
Greater than 6 in. up to 7 in.	60 in.	
Greater than 7 in. up to 8 in.	70 in.	
Greater than 8 in. up to 9 in.	80 in.	
Greater than 9 in.	Minimum diameter shall be ten times the caliper measurement.	
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	
Greater than  9 in. up to 12 in.	8 in.	
Greater than 12 in. up to 15 in.	10 in.	
Greater than 15 in. up to 18 in.	12 in.	
Greater than 18 in. up to 24 in.	14 in.	
Greater than 24 in. up to 30 in.	16 in.	
Greater than 30 in. up to 36 in.	18 in.	
Greater than 36 in. up to 42 in.	24 in.	
Greater than 42 in. up to 48 in.	26 in.	
Greater than 4 ft. up to 5 ft.	28 in.	
Greater than 5 ft. up to 6 ft.	36 in.	
Greater than 6 ft. up to 7 ft.	40 in.	
Greater than 7 ft. up to 8 ft.	46 in.	
Greater than 8 ft. up to 9 ft.	54 in.	
Pyramidal, Broad Upright Coniferous Evergreens (e.g. pine, spruce, fir, upright juniper, arborvitae)
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. Ball Diameter	
Greater than 1/2 in. up to 3/4 in.	12 in.	
Greater than 3/4 in. up to 1 in.	14 in.	
Greater than 1 in. up to 1 1/4 in.	16 in.	
Greater than 1 1/4 in. up to 1 1/2 in.	18 in.	
Greater than 1 1/2 in. up to 1 3/4 in.	20 in.	
Greater than 1 3/4 in. up to 2 in.	24 in.	
Greater than 2 in. up to 2 1/2 in.	26 in.	
Greater than 2 1/2 in. up to 3 in.	28 in.	
Greater than 3 in. up to 3 1/2 in.	32 in.	
Greater than 3 1/2 in. up to 4 in.	36 in.	
Greater than 4 in. up to 4 1/2 in.	42 in.	
Greater than 4 1/2 in. up to 5 in.	48 in.	
Greater than 5 in. up to 5 1/2 in.	54 in.	
Greater than 5 1/2 in. up to 6 in.	57 in.	
Greater than 6 in. up to 7 in.	60 in.	
Greater than 7 in. up to 8 in.	70 in.	
Greater than 8 in. up 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	
Greater than 12 in. up to 15 in. – height	7 in.	
Greater than 15 in. up to 18 in. – height	8 in.	
Greater than 18 in. up to 24 in. – height	9 in.	
Greater than 24 in. up to 30 in. – height	11 in.	
Greater than 30 in. up to 36 in. – height	13 in.	
Greater than 3 ft. up to 4 ft. – height	14 in.	
Greater than 4 ft. up to 5 ft. – height	16 in.	
Greater than 5 ft. up to 6 ft. – height	18 in.	
Greater than 6 ft. up to 7 ft. – height	20 in.	
Greater than 7 ft. up to 8 ft. – height	22 in.	
Greater than 8 ft. up 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)
Deciduous multi-stem trees and shrubs (e.g. Serviceberry, aspen, ginnala maple, viburnum, dogwood, lilac) 

Height	Min. Ball Diameter	
Greater than 4 ft. up to 5 ft.	14 in.	
Greater than 5 ft. up to 6 ft.	18 in.	
Greater than 6 ft. up to 7 ft.	22 in.	
Greater than 7 ft. up to 8 ft.	26 in.	
Greater than 8 ft. up to 10 ft.	28 in.	
Greater than 10 ft. up to 12 ft.	32 in.	
Greater than 12 ft. up to 14 ft.	38 in.	
Greater than 14 ft. up to 16 ft.	44 in.	
Greater than 16 ft. up to 18 ft.	50 in.	
Greater than 18 ft. up to 20 ft.	60 in.	
Greater than <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.	
MINIMUM BALL DEPTHS FOR NURSERY STOCK
Ball depths shall carry the following ratios for nursery grown stock:
A Bball with a diameters less than or equal to 20 inches- depth shall have a ball depth not less than 65% of the ball diameter- except collected aspens, not less than 40% of diameter.
A Bball with a diameters of more than 20 inches- shall have a ball depth not less than 60% of diameter,- except for collected aspen, which shall have a ball depth 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 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 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.
26-2.12	2.5	SPECIFICATIONS FOR BALLED AND POTTED NURSERY STOCK
“Balled and potted” nursery stock shall meet the balling balled and burlapping burlapped stock specifications in 26-2.11 2.4 of these rules and regulations.
26-2.13	2.6 SPECIFICATIONS FOR IN-GROUND FABRIC BAG-GROWN NURSERY STOCK
FABRIC BAG DIAMETERS FOR BAG-GROWN NURSERY STOCK
In-ground fabric bag-grown nursery stock shall meet the minimum fabric bag diameters stated specified in the following tables:
Type 1 - Faster Growing Coniferous Evergreens (e.g., Pinus strobus, Juniperus scopulorum, and Juniperus chinensis)

Height	Minimum Bag Diameter	
3 ft.	10 in.	
4 ft.	10 11 in.	
5 ft.	12 14 in.	
6 ft.	14 17 in.	
8 ft.	16 20 in.	
10 ft.	18 21 in.	
12 ft.	20 24 in.	
14 ft.	22 28 in.	
16 ft.	24 33 in.	
Type 2 - Slower Growing Coniferous Evergreens (e.g., Pinus nigra, Pinus edulis, and Picea pungens)
Height	Minimum Bag Diameter	
3 ft.	10 in.	
4 ft.	12 in.	
5 ft.	14 in.	
6 ft.	16 in.	
7 ft.	18 in.	
8 ft.	20 in.	
10 ft.	22 in.	
12 ft.	24 in.	
Type 3 - Broadleaf Evergreens (e.g., Pyracantha coccinea and Euonymus fortunei)

Height	Minimum Bag Diameter	
3 ft.	10 11 in.	
4 ft.	12 in.	
4 ft.	14 in.	
5 ft.	16 in.	
6 ft.	18 in.	
8 ft.	18 in.	
9 ft.	20 in.	
10 ft.	22 in.	
12 ft.	24 in.	
Greater than 12 ft.	The minimum bag diameter shall be .125 times the height.	

Type 4 - Deciduous Shrubs (e.g., Cotoneaster acutifolius, Berberus thunbergi and Prunus cistena)

Height	Minimum Bag Diameter	
3 ft.	10 in.	
4 ft.	12 in.	
5 ft.	14 in.	
6 ft.	16 in.	
8 ft.	18 in.	
10 ft.	22 in.	
12 ft.	24 in.	
Greater than 12 ft.	The minimum bag diameter shall be .125 times the height.	
Type 5 - Shade and Ornamental Deciduous Trees (e.g., Acer saccharinum, Gleditsia triacanthos and Prunus virginiana schubert)

Caliper	Minimum Bag Diameter	
1 1/4 in.	10 12 in.	
1 1/2 in.	12 14 in.	
1 3/4 in.	14 15 in.	
2 in.	16 17 in.	
2 1/2 in.	18 in.	
3 in.	20 in.	
3 1/2 in.	22 in.	
4 in.	24 in.	
Greater than 4 in.	The minimum bag diameter shall be 6 times the caliper measurement.	
FABRIC BAG DEPTHS
Fabric bag depths shall have the following relationship to fabric bag diameter:

Bag Diameter	Bag Depth	
10 in.	11 in.	
12 in.	11 in.	
14 in.	13 in.	
16 in.	13 in.	
18 in.	15 in.	
20 in.	15 in.	
22 in.	17 in.	
24 in.	17 in.	
PART 26-3.0	CONDITION OF NURSERY STOCK
26-3.1	INSECT PESTS AND PLANT DISEASES
All nursery stock shall be free of insect pests and plant diseases.
3.1	MECHANICAL INJURY
Nursery stock shall not be sold with any kind of mechanical injury including but not limited to girdling, which significantly impairs the viability of the plant.
26-3.2	CONTAINER GROWN NURSERY STOCK
GENERAL
All container grown nursery stock shall be kept and displayed under conditions of temperature, light and moisture sufficient to maintain the continuing viability and vigor of the stock so that it might grow in a form characteristic of the species when planted and given reasonable care. Container grown nursery stock shall not be sold or offered for sale in a root bound condition as evidenced by roots that have grown around the circumference of the container’s interior in a horizontal circular manner that adversely affects the viability of the plant.
NON-PLANTABLE CONTAINER GROWN STOCK
Container grown Nursery stock grown in a non-plantable container shall be established in the container and shall exhibit a well-rooted condition as evidenced by the soil ball of such stock remaining intact upon removing it presence of visible fibrous roots sufficient to keep the soil ball intact when removed from the container.
POTTED STOCK PLANTABLE CONTAINER
Potted stock shall be placed only in a plantable container so that the root system and growing medium need not be removed from the container when planting the stock. Evergreens shall not be sold as potted stock, excepting seedlings and transplants 12 inches or under. Nursery stock grown in a plantable container shall be placed in a container of a size adequate to contain the root system. Root systems for nursery stock grown in plantable containers shall conform to descriptions given under 2.1 and 2.2 of these rules. Root systems for potted stock shall conform to descriptions given under 26-2.1 and 26-2.2 of these rules and regulations, and shall be placed in a container of a size adequate to contain the root system without crowding.
26-3.3	BARE ROOT NURSERY STOCK
GENERAL
Packaged and unpackaged bare root nursery stock shall be kept and displayed under conditions of temperature and moisture sufficient to maintain the continuing viability and vigor of the stock so that it might grow in a form characteristic of the species when planted and given reasonable care. Such bare root nursery stock shall also be kept and displayed under conditions that will retard prevent etiolated or otherwise abnormal growth. Removal of primary buds and/or shoots on bare root stock reduces the vigor of the plants and is prohibited. Evergreens shall not be sold as bare root stock, excepting seedlings and transplants 12 inches or under.
WAXING
Colored waxes or other materials which that coat the aerial parts of the plant and change the appearance of the plant surface so as to in a manner that prevents adequate inspection are prohibited.
26-3.4	BALLED NURSERY STOCK
GENERAL
All balled nursery stock shall be kept and displayed under conditions of temperature, light and moisture sufficient to maintain the continuing viability and vigor of the stock so that it might grow in a form characteristic of the species when planted and given reasonable care.
BALLED AND BURLAPPED NURSERY STOCK
Balled and burlapped nursery stock shall be kept and displayed with the soil ball surrounded 75 percent covered by a moisture-retaining material to such as soil, straw, sawdust, shrink wrap or mulch that will prevent desiccation of the root system, and handled in such a manner that the soil ball will not become broken or loose. Balled and burlapped nursery stock with broken or loose earth soil balls shall not be offered for sale. Balled and burlapped nursery stock shall not be sold or offered for sale with girdling roots.
BALLED AND POTTED STOCK
Balled and potted nursery stock shall be kept and displayed in such a manner that the soil ball will not become broken or loose. Balled and potted nursery stock with broken or loose earth soil balls shall not be offered for sale.
26-3.5	TURFGRASS SOD
SPECIFICATIONS
Turfgrass sod, when delivered or offered for sale, shall be free of prohibited weeds, as given under   as specified in 26-1.10 of these rules and regulations, and shall contain no more than three percent (3%) of other weeds, including annual bluegrass (Poa annua), per one thousand square feet. 9.0, and of the following grass species, except when any of these species is labeled for sale purposes in accordance with § 35-26-104(3), C.R.S., and Rule 4.2:
1.	Bentgrass (Agrostis spp. – except in pure stands)
2.	Bluegrass, rough (Poa trivialis)
3.	Quackgrass (Agropyron repens)
and shall contain no more than three plants of any other weed, as defined in 1.19, per 36 square feet of sod. Each 36 square feet of sod that is sold containing more than three plants of any other weed shall constitute a separate violation of these rules.
DISPLAY CONDITIONS
Harvested turfgrass sod shall, when offered or exposed for sale, be kept and displayed in such a manner as to that will maintain the continuing viability of the sod.
26-3.6	BENCH PACKED NURSERY STOCK
Bench packed nursery stock shall be kept and displayed with the roots surrounded by a moisture-retaining material such as soil, straw, sawdust or mulch in a manner that will prevent desiccation and encased in burlap or other material or placed in a container to hold the growing medium in place. Bench packed nursery stock shall be kept and displayed under conditions of temperature, light and moisture sufficient to maintain the continuing viability and vigor of the nursery stock so that it might grow in a form characteristic of the species when planted and given reasonable care. The balls shall be surrounded by a moisture-retaining material to prevent desiccation of the root systems. Root systems for bench packed stock shall conform to descriptions given under 26-2.1 and 26-2.2 of these rules and regulations. Evergreens shall not be sold as bench packed stock.
26-3.7	IN-GROUND FABRIC BAG-GROWN NURSERY STOCK
In-ground fabric bag-grown nursery stock shall be kept and displayed under conditions of temperature, light, and moisture sufficient to maintain the continuing viability and vigor of the stock so that it might grown in a form characteristic of the species when planted and given reasonable care. The bags shall be surrounded by a moisture retaining material to prevent desiccation of the root systems.
PART 26-4.0	SPECIAL LABELING REQUIREMENTS
26-4.1	BENCH PACKED NURSERY STOCK
Bench packed nursery stock shall bear a special label to read as follows:
BENCH PACKED NURSERY STOCK
This plant has been removed from the growing site in a bare root condition. A growing medium mixture has been packed around the roots system to form a ball.
This label shall be printed on a separate tag of sufficient size to be openly conspicuous. The title of the label shall be in 18 point or larger bold face type and the text of the label shall be in 14 point or larger type on a contrasting background so as to be clearly legible. The above described label shall be that is securely attached to each item of bench packed nursery stock when offered for sale.
26-4.2	TURFGRASS SOD
A seller of turfgrass sod shall be required to state on the sales contract, invoice or bill of lading the variety, genus and species, common name or named blend or mixture of turfgrasses involved in the transaction. Each different lot of harvested turfgrass sod shall, when offered or exposed for retail sale, be identified by a sign stating the variety, kinds, genus and species, common name or named blend or mixture as stated on the sales contract, invoice or bill of lading from the grower.
26-4.3	IN-GROUND FABRIC BAG-GROWN NURSERY STOCK
In-ground fabric bag-grown nursery stock shall bear a special label to read as follows:
FABRIC BAG-GROWN NURSERY STOCK
The root system of this plant must be removed from the bag, with the soil ball intact, before planting.
This label shall be printed on a separate tag of sufficient size to be openly conspicuous. The title of the label shall be in 18 point or larger type on a contrasting background so as to be clearly legible. The above-described label shall be that is securely attached to each item of in-ground fabric bag-grown nursery stock when offered for sale.
4.4	COLLECTED NURSERY STOCK
Any plant collected from its original native habitat shall bear a special label that reads as follows:
COLLECTED NURSERY STOCK
This plant has been gathered from its original native habitat and was not grown in a nursery.
This label shall be printed on a separate tag that is securely attached to each item of collected nursery stock when offered for sale.
PART 26.5.0	FEES
26-5.1	INSPECTION FEES - ACTUAL COST
A charge of thirty dollars ($30.00) per hour per inspector for actual inspection time shall be collected to defray the costs of inspections made pursuant to the statute. The minimum charge for each inspection made shall be the charge of one hour of inspection time.
26-5.2	REGISTRATION FEES
The fee for a registration as required by § 35-26-106(1), C.R.S., shall be ninety dollars ($90.00) for each place of business.
PART 26-6.0	REQUIREMENTS FOR COLLECTORS
26-6.1	EVIDENCE OF AUTHORIZATION FOR COLLECTION OF NURSERY STOCK
Evidence of authorization to have collected any and all nursery stock held or offered for sale shall consist of the following information:
Bill of sale or other document attesting to sale of trees, shrubs or other nursery stock, issued by the owner of a property, either private or public, from which the nursery stock was collected; or
Written contract or agreement between a collector and a property owner authorizing the collection of nursery stock from the property.
PART 26-7.0	STANDARDS AND FEES FOR QUALIFICATION OF NURSERY STOCK INSPECTORS
26-7.1	DEMONSTRATION OF KNOWLEDGE
Persons who seek to contract with the Department of Agriculture to perform nursery stock inspections shall demonstrate knowledge suitable to perform inspections of nursery stock concerning plant viability, root systems, insect pests, plant diseases, plant identification and other aspects of nursery stock. Such persons shall also demonstrate knowledge of the requirements of the Colorado Nursery Act and all its rules and regulations. Such knowledge shall be demonstrated by successfully passing an examination, written and/or oral, administered by the Department of Agriculture.
26-7.2	FEE FOR QUALIFYING
Persons who seek to contract with the Department of Agriculture to perform nursery stock inspections shall pay actual cost for time spent by Department personnel and for material utilized in qualifying such persons.
PART 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 105(2), 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 Each applicant must shall submit a list of the names of all employees who will perform such work and, if the application is granted approved, inform the Commissioner of any subsequent changes to the that list within 10 days of such change. 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- Part 9.0; and
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 or 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. 
26-9.0	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 perforata)	
Yellow toadflax (Linaria vulgaris)	
OTHER VARIETIES

Absinth wormwood (Artemisia absinthium)	
African rue (Peganum harmala)	
Bohemiam knotweed (Polygonum x bohemicum)	
Bulbous bluegrass (Poa bulbosa)	
Black henbane (Hyoscyamus niger)	
Black henbane (Hyoscyamus niger)	
Bull thistle (Cirsium vulgare)	
Camelthorn (Alhagi pseudalhagi)	
Canada thistle (Cirsium arvense)	
Chicory (Cichorium intybus)	
Common burdock (Arctium minus)	
Common crupina (Crupina 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)	
Elongated mustard (brassica elongata)	
Eurasian watermilfoil (Myriophyllum spicatum)	
Field bindweed (Convolvulus arvensis)	
Giant knotweed (polygonum sachalinense)	
Giant reed (Arundo donax)	
Halogeton (Halogeton glomeratus)	
Hoary cress (Cardaria draba)	
Houndstongue (Cynoglossum officinale)	
Japanese knotweed (Polygonum cuspidatum)	
Johnsongrass (Sorghum halepense)	
Jointed goatgrass (Aegilops cylindrica)	
Leafy spurge (Euphorbia esula)	
Mayweed chamomile (Anthemis cotula)	
Meadow knapweed (Centaurea pratensis)	
Mediterranean sage (Salvia aethiopis)	
Medusahead (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 (Elytrigia repens)	
Redstem filaree (Erodium cicutarium)	
Rush skeletonweed (Chondrilla juncea)	
Russian knapweed (Acroptilon repens)	
Scotch thistle (Onopordum acanthium and O. tauicum tauricum)	
Sericea lespedeza (Lespedeza cuneata)	
Spotted knapweed (Centaurea maculosa)	
Spurred anoda (Anoda cristata)	
Squarrose knapweed (Centaurea virgata)	
Sulfur cinquefoil (Potentilla recta)	
Tansy ragwort (Senecio jacobaea)	
Velvetleaf (Abutilon theophrasti)	
Venice mallow (hibiscus trionum)	
Wild caraway (Carum carvi)	
Wild proso millet (Panicum miliaceum)	
Yellow nutsedge (Cyperus esculentus)	
Yellow starthistle (Centaurea solstitialis)	
PART 26-10.0	REQUIRED RECORDS
26-10.1	BUSINESS RECORDS REQUIRED
All Any persons engaged in the business of selling nursery stock in this state shall keep records of all shipments of nursery stock imported from outside this state. These records shall be kept for a minimum of three years and shall be made available to the Department of Agriculture upon request. Such records shall include the following information:
date stock was received; name and address of business from which stock was purchased; kind and type of nursery stock (including common name, and/or genus and species names); amount of nursery stock received; and container size, tree caliper, tree height, or root ball size; and point of origin inspection document.
26-11.0	Reserved
26-12.0	Statements of Basis, Specific Statutory Authority and Purpose
The statements of basis and purpose for some rule changes are no longer in the Department files and are presumably in the state archives.
26-12.1	August 26, 1983 – Effective August 26, 1983	
Emergency Regulation
This rule adopted pursuant to the authority granted the commissioner of agriculture under Title 35, Section 111, C.R.S. 1973, as amended.
House Bill No. 1242 became law on July 1, 1983. It mandates that the commissioner shall establish a minimum charge per inspection, determine the cost of inspections and establish the charge therefore by rule or regulation. Inspections may not be performed until this charge is established. The nursery law mandates that each nursery be inspected at least once a year. The season of the year dictates that these inspections be made in September when trees are still in leaf and actively growing. If this emergency regulation is not adopted at this time, inspections may not be performed until after October 30. Approximately one hundred twenty nursery inspections must be made. These inspections provide consumer protection and make it possible for Colorado nurserymen to export their stock into other states. The immediate adoption of rule 26-5.1 is imperatively necessary for the preservation of public health, safety and welfare, and compliance with the requirements of the Administrative Procedures Act would be contrary to the public interest.
26.12.2	August 26, 1983 – Effective October 30, 1983
These regulations are adopted pursuant to the authority granted the commissioner of agriculture under Title 35, Section 111, C.R.S. 1973, as amended.
The purpose of these regulations is to protect consumers of the state of Colorado and to prevent the spread of weeds by regulating labeling of the weed content in turfgrass sod, to protect consumers by standardizing measurement methods for machine-dug trees, and to set fees for inspections required by the Colorado Nursery Act.
26.12.3	January 28, 1987 – Effective March 30, 1987
Section 35-26-106, C.R.S., as amended, mandates that the commissioner shall, by rule or regulation, establish a charge for the actual cost incurred in making inspections. Costs have increased since the original fee of fifteen dollars per hour was established in 1983. It has therefore become necessary to increase the fee to eighteen dollars per hour, based on current costs, to meet this mandate.
26.12.4	August 27, 1987 – Effective October 30, 1987
Section 35-26-106, C.R.S., states the maximum inspection fee per inspection, which is one hundred fifty dollars, effective July 1, 1987. There is no need to state this maximum in the regulations since it is in the statute. This Section also requires that the commissioner shall, by rule or regulation, establish a license fee for each place of business, not to exceed one hundred dollars. The combination of license and inspection fees received annually must cover the complete cost, direct and indirect, of the nursery licensing and inspection program. It is anticipated that there may be a ten percent dropoff in the number of licensees from the previous year because of homeowners, not in business, who buy licenses to get wholesale prices and businesses which handle a very small amount of nursery stock and may stop selling it. Based on this reduced number of licensees and taking into consideration projected inspection fee revenue, a license fee of sixty dollars should provide the needed revenue.
26.12.5	May 20, 1988 – Effective June 30, 1988
Section 35-26-111 authorizes and directs the commissioner to promulgate such rules and regulations as he may deem necessary and proper for the furtherance and enforcement of the provisions of the Colorado Nursery Act. Section 35-26-104(2) states that the grade or size shall meet the specifications established by rules or regulations. Members of the 1986-87 Nursery Advisory Committee made suggestions for changes to existing ball size requirements that they felt were warranted, based on their experience as growers and sellers of nursery stock in this state.  They particularly felt that separate specifications were needed for collected aspen trees, since their root systems are different from most other deciduous trees, especially in that they are shallower. The Department of Agriculture agrees with these suggestions and adopts same as also reflecting the position of the Department of Agriculture. Examples of the different types of trees are included at the top of each type chart, rather than at the end of all the charts, in order to make the charts easier to interpret.
26.12.6	October 18, 1991 – Effective November 30, 1991
The following rules are hereby promulgated under the authority of the Colorado Nursery Act, Sections 35-26-101 to 115, C.R.S. (1984 and 1990 Supp. as amended by Senate Bill 91-65). They deal with four different sections, including changes to two sections and creating two new sections.
The ball size specifications for bench packed stock are given in two different sections of the Rules and Regulations, due to an error made at an earlier time. The most appropriate specifications are found in subsection 26-3.6, which refers to specifications for bare root stock. This more closely applies to bench packed stock than the specification given in subsection 26-2.13, which refers to specifications for balled and burlapped stock. Bench packed stock is bare root stock with the roots packed in a growing medium mixture and is not dug with root system and soil ball intact as is balled and burlapped stock. Subsection 26-2.13 is therefore repealed.
Inspection fees are raised from eighteen dollars per hour to twenty dollars per hour to cover increases in the cost of performing inspections. Amendments to the Colorado Nursery Act changed the word license to registration. This requires the establishing of a registration fee to take effect on January 1, 1992. This fee is raised from the most recent license fee, sixty dollars, to seventy-five dollars to cover increasing costs of administering the program.
The Colorado Nursery Act specifies that rules and regulations be promulgated to give requirements concerning evidence of authorization to have collected nursery stock in the possession of nursery stock collectors. A new section 26-6.0, is created to serve this purpose.
Also specified by the Colorado Nursery Act are rules to establish minimum standards for the qualification of individuals who are authorized to make inspections as agents of the Commissioner who are not employees of the Department of Agriculture. A new section, 26-7.0, is created, requiring that persons seeking to contract with the Department shall demonstrate knowledge to meet the minimum standard by successfully passing an examination. The Colorado Nursery Act states that the Commissioner may charge a fee for qualifying such persons as inspectors. Section 7.0 establishes that fees shall be set to cover all costs of qualifying such persons.
26.12.7	September 17, 1993 – Effective October 30, 1993
The following rules are hereby promulgated under the authority of the Colorado Nursery Act, pursuant to Section 35-26-111, C.R.S. (1984). They deal with balling and burlapping specifications.
The statement is made in subsection 26-2.11, dealing with ball diameters for nursery grown stock, that ball diameters shall be measured six inches below the soil line on stock dug by a mechanical spade. This statement is amended to add the word “original” to define “soil line”. The original soil line is at the trunk. The edges of the ball may be tapered off and measuring from the edge would give a different depth than from the original soil line at the trunk.
The table in Section 26-2.11, Type 2, is amended to give required minimum ball diameters in relation to height or caliper for trees in this type, such as pine and spruce. Caliper represents a more accurate indicator of tree growth than does height, for coniferous evergreen trees of this type.
26.12.8	January 19, 1995 – Effective March 2, 1995
The following rule is hereby promulgated under the authority of the Colorado Nursery Act, pursuant to Section 35-26-111, C.R.S. (1984) and Section 35-26-106(3), C.R.S. (1994 Supp.)
This rule sets the charge per hour per inspector for inspections made pursuant to the statute. The statute requires that actual cost incurred in making inspections be determined and a charge therefore be established. Actual costs have increased since the most recent charge was established. A new charge for inspections is therefore established in amendments to this rule.
26.12.9	September 8, 1995 – Effective October 30, 1995
This amendment to the rules and regulations is adopted pursuant to the Colorado Nursery Act, § 35-21-111, C.R.S. (1984).
The purpose of this amendment to the rules and regulations is to adopt such rules and regulations as necessary for the furtherance and enforcement of the Colorado Nursery Act, specifically, to define the terms sell, offer for sale and sale as those terms are utilized in the Colorado Nursery Act and the rules and regulations thereto.
26.12.10	February 17, 1998 – Effective March 30, 1998
These amended rules are adopted pursuant to § 35-26-111, C.R.S. (1997) and pertain to the furtherance and enforcement of the provisions of the Colorado Nursery Act, §§ 35-26-101 through 115, C.R.S. (1997).
The purposes of these amended rules are to: establish specifications for in-ground fabric bag-grown stock; to increase the fee charged for inspections; and to address the statewide concerns about noxious weeds raised by the Colorado Noxious Weed Act, §§ 35-5.5-101 through 119, C.R.S. (1997) and the rules promulgated thereto.
26.12.11	September 23, 1999 – Effective November 30, 1999
These amendments are adopted pursuant to §§ 35-26-106(1) and 106(3) and § 35-26-111, C.R.S. (1999) and pertain to the registration fee, the inspection fee and the furtherance and enforcement of the provisions of the Colorado Nursery Act, §§ 35-26-101 through 114, C.R.S. (1999).
The purposes of these amendments are to: update the provisions pertaining to field-grown roses to reflect current industry standards and; increase the registration fee and the inspection fee to defray the direct and indirect costs of carrying out the purposes of the Colorado Nursery Act and these rules.
26.12.12	October 30, 2002 – Effective January 30, 2003
Statutory Authority:
These amendments to the permanent rules are adopted by the Colorado Commissioner of Agriculture (Commissioner) pursuant to his authority under the Nursery Act (the “Act”) at section 35-26-111, C.R.S.
Purpose:
The purpose of these amendments is to:
1.	Add and delete plant species to/from the list of prohibited weeds that shall not be sold as nursery stock in Colorado.
Factual and Policy Issues:
The factual and policy issues encountered in proposing these amendments are as follows:
1.	In 2001, the Colorado Department of Agriculture revised the state noxious weed list pursuant to 35-5.5-115 and added and deleted a number of newly recognized noxious weed species.
2.	These species are required to be managed on lands of the State of Colorado.
3.	The continued sale of these species as plant materials or as contaminants to plant materials presents a threat to the agricultural and environmental systems of Colorado.
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 governmental 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.
26-12.14	November 19, 2009 – Effective December 30, 2009
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 the Colorado Nursery Act (the "Act"), § 35-26-111 C.R.S.
Purpose
The purposes of these proposed rule amendments are as follows:
1)	To increase the nursery registration fee from $80 to $90.
2)	To require records be kept of all nursery stock imported into the State of Colorado.
Factual and Policy Basis Issues
The factual and policy issues encountered when developing these rules include:
1) 	The nursery fund balance has been near zero for the past two years. Revenue from registration fees has been flat and has not kept up with the increases in operating expenses such as personal services and fuel costs since the last increase. Although the program is a cash funded program, the revenue generated does not cover the actual costs of the program and therefore the program is subsidized by general funds.
2)	The registration fee is capped in statute at $100 (35-26-106(1) C.R.S.)
3)	35-26-106(1) C.R.S. provides that the Commissioner shall, by rule or regulation, establish a registration fee for each place of business.
4)	The Colorado Nursery and Greenhouse Association supports this increase in the registration fee.
5)	The average number of nursery registrations per year is 1,700. Therefore this increase will generate an increase in revenue of $17,000 for the program.
6)	Registration fees have not been increased since November 1999.
7)	For several decades it has been known that movement of nursery stock is a primary mechanism of movement and introduction of plant pests. In recent years it has become very apparent that new plant pests are moving into the State on nursery stock. Japanese beetle is an excellent example. It was introduced into a small area in the Denver Metro area and has now become established in two other areas. It is a significant pest in these locations. Emerald Ash Borer is another example of a devastating pest that has moved into many states in the east and mid-west but has not been found in Colorado yet.
8)	In order to document stock that is moving into the state so that pest surveillance activities and inspections can be conducted in the most efficient manner possible, the nursery registrants that are importing stock need to be required to keep records that the Department can review.
9)	35-26-108(1)(b) C.R.S already provides that “At any time during regular business hours, the Commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.”
10)	A Japanese beetle quarantine is being proposed to lessen the pressure of Japanese beetles being transported into the state on nursery stock. These record keeping regulations will assist with enforcement of this quarantine.
26-12.15	February 8, 2011 – Effective March 30, 2011
Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Colorado Nursery Act (the "Act"), § 35-26-111 C.R.S. 
Purpose
The purposes of these proposed rule amendments are as follows:
1)	To clarify record keeping requirements for all nursery stock imported into the State of Colorado.
Factual and Policy Basis Issues
The factual and policy issues encountered when developing these rules include: 
1)	In order to document stock that is moving into the state so that pest surveillance activities and inspections can be conducted in the most efficient manner possible, the nursery registrants that are importing stock need to be required to keep records that the Department can review.
2)	35-26-108(1)(b) C.R.S already provides that “At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.”
3)	The industry often describes nursery stock on bill of lading by tree height and may not always use genus and species names. The changes proposed will accommodate current nursery practices. 
12.16    February 15, 2013 – Effective March 30, 2013
Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Colorado Nursery Act (the “Act”),  § 35-26-111 C.R.S.
General: This if the first major update of the Rules Pertaining to the Administration and Enforcement of the Colorado Nursery Act since 1973. The update was conducted to reflect current industry changes, to remove unnecessary and unenforceable language and ensure that the rule is easily understood by the regulated community and CDA staff. These revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review process conducted in accordance with the Governor’s Executive Order D 2012-002.
The purpose of these proposed rule amendments are as follows:
Delete definitions and statements that are duplicative; add definitions and wording to clarify the intent of the rule and enforceability; delete unnecessary or confusing language; delete grading standards that are unenforceable and considered ‘best management practices’; correct grammar; add plant species to the list of prohibited weeds to parallel changes made to the current noxious weed act; and to change the title of the rule removing the word “regulation”.
Factual and policy basis issues encountered when developing these rules include:
Part 1.0
1.	Definitions added:
•	1.4 “bedding plants” was added to clarify the CCR definition of nursery stock. Nursery stock is defined in the Act § 35-26-102(14), C.R.S., and ‘….does not mean …bedding plants, annuals,…’ 
•	1.9 “fibrous roots” was added to clarify what “established in the container” means under rule 3.0 “condition of nursery stock”.
•	1.10 “girdling” was added to clarify that it constitutes a ‘dead or dying condition’ which is a prohibited act, § 35-26-105(a) C.R.S. The plants’ conductive tissue, called cambium, contains the xylem and phloem in which fluids and nutrients are transported between the roots and foliage. Severing the cambium restricts and /or prevents the flow of these resources. Over time the plant dies from lack of fluids.
•	1.11 “girdling root” was added to help clarify a condition in which the woody plant is left in a container too long and the root begins to encircle the root ball or container. Over time it will cause the plant to die from lack of water and nutrients.
•	1.14 “mechanical injury” was added to define what the Department considers to be a mechanical injury and that it constitutes a “dead or dying condition” when it significantly impairs the viability of the plant.
2.	Definitions deleted:
•	26-1.8 “potted stock” was deleted because the definition is adequately covered in 2.5 (specifications for balled and potted nursery stock), 2.4 (specifications for balled and potted nursery stock) and 3.2 (container grown nursery stock).
•	26-1.10 “prohibited weeds in turfgrass sod” is not a definition. Prohibited weeds are adequately covered in 3.5 “condition of nursery stock/turfgrass sod”.
•	26-1.16 the definition of “sell or offer for sale” can be found in the dictionary. It is also covered in the Act, § 35-26-106(1) C.R.S.
Part 2.0
1.	Rules deleted:
•	26-2.3 “evergreens” was deleted because the specifications describe a specimen tree. Trees that are slightly less than specimen quality will still establish in the landscape as long as the root system is adequate.
•	26-2.6 “fruit trees” and 26-2.7 “fruit tree seedlings” were eliminated to reduce redundancy. Fruit trees and seedlings are included in root ball standards for deciduous trees (2.4).
•	26-2.8 “small fruits” was eliminated due to lack of necessity. Specifications listed did not have bearing on establishment.
•	26-2.9 “lining out stock” was eliminated because liners are rarely sold to the public, they are sold to professionals who know what quality it necessary.
•	26-2.10 “seedling trees and shrubs” was eliminated to reduce duplication.  These specifications are taken care of in bare root, container and balled and burlapping standards.
2.	Changes made:
•	Changes to rules 2.1 and 2.2 were made to address current industry standards. The specifications previously listed are ‘best management practices’ which are not enforceable.
•	Changes to rule 2.3 “rose grades” were made to correct grammar and increase clarity. Grade specifications were deleted for field grown miniature roses. These plants are not seen often in the trade in Colorado. Many miniature roses and tree roses are used as patio plants and gift plants and must be protected in the winter.
•	2.4 “specifications for balled and burlapped nursery stock” and 2.5 “specifications for balled and potted nursery stock” were changed to correct grammar; caliper measurements; and describing where the caliper will be measured was moved from 2.1.
•	The deciduous tree specifications in 2.4 now include specifications for fruit trees, collected stock and small and large deciduous.   The caliper specification greater than 9 inches was added.
•	Upright coniferous section in 2.4 was edited to include upright juniper, arborvitae, pine, spruce, fir and collected stock. Height vs. caliper ratios were deleted for clarity and consistency, and improved enforcement.
•	Eliminated spreading, semi spreading cone, broad upright evergreens to combine into one category “broadleaf evergreens”- most of these  plants are shrubs in our climate ; height standards are more appropriately used, therefore caliper standards were eliminated.
•	Eliminated ball diameters for collected nursery stock per advisory committee recommendations. Collected stock root balls will be treated the same as nursery grown stock. It is generally recognized that plants growing in their native state will sustain a much more severe shock when transplanted than the same kinds of plants when nursery grown. If collected material is moved, a considerably larger ball than that previously recommended is required, because the unrestricted root development and the varying conditions of soil in which such material is found.
•	2.16 combines slow and fast growing species to one specification; designations of greater than 4 feet were added and bag diameter was increased per advisory committee recommendation to that of 25% smaller than the correlating balled and burlapped specification.
Part 3.0
1.	Rules deleted:
•	26-3.1 “insects and diseases” because this prohibition is adequately covered in § 35-26-105(1) (a) C.R.S. “prohibited acts- sale of insect and disease infested stock”.
2.	Rules added:
•	3.1 “mechanical injury” was added to prohibit sale of nursery stock damaged by injury such as girdling that might be caused by a foreign object or circling root that produces a visible indentation or wound that cuts into the trunk or stem deeply enough to constrict the plants conductive tissue in a manner that restricts or prevents the normal flow of fluids.
3.	Changes made:
•	3.2 “container grown stock” was changed to correct grammar and add a statement and definition of root bound condition when it impairs the viability of the plant and to make it enforceable. Changes also were made to distinguish between plantable and non-plantable containers.
•	3.3 “bare root nursery stock”, grammar was corrected and the statement “characteristic of species” was removed because it is unenforceable.
•	3.4 “balled nursery stock”, the statement “characteristic of species” was removed because it is unenforceable. The rule was also changed to clarify what types of moisture retaining material and root ball conditions are acceptable for display and sale.
•	3.5 “turfgrass sod” was clarified to make percentage of weed species present easier to measure and enforce.
•	3.6 “benched pack nursery stock” was changed to define the term “bench packed” and moisture retaining material more thoroughly. The term “grow in a form characteristic of species” was removed because it is unenforceable.
•	3.7 “in-ground fabric bag” - “grow in a form characteristic of species” statement was removed because it is unenforceable.
Part 4.0
1.	Changes made:
•	4.2 was reworded to clarify how invoice, sales contract or bill of lading needs to be stated for proper labeling. Genus, species or common name is accepted.
• 	4.3, the statements requiring certain font styles for labeling were deleted.
2.	Rules added:
•	4.4 requires labeling of collected stock to inform CDA inspectors and purchasers that the stock was collected from original native habitat.
Part 8.0
8.3 “standards for qualifications of local government entities to enforce prohibited weed rules” was modified to correct grammar.
Part 9.0
“Prohibited weeds” were updated to parallel the changes made to the current noxious weed list. The changes also clarify that prohibited noxious weeds shall not contaminate nursery stock (including turfgrass).
Part 10.0
10.1 was reworded to clarify that all records must be made available upon request of CDA and that point of origin inspection documents also be made available.