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

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

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

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

Grade No. 1 -	At least three strong canes measuring at least 1/4 inch in caliper, branched not higher than 3 inches from the bud union.	
Grade No. 1 1/2 -	At least two strong canes measuring at least 1/4 inch in caliper, branched not higher than 3 inches from the bud union.	
Grade No. 2 -	At least two canes, one of which shall be a strong cane measuring at least 1/4 inch in caliper.	
2.4	SPECIFICATIONS FOR BALLED AND BURLAPPED NURSERY STOCK
BALL DIAMETERS FOR NURSERY STOCK
Balled and burlapped nursery stock that has been nursery grown shall meet the minimum ball diameter requirements 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 Trees

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.	
Spreading, 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.	
Upright Coniferous Evergreens (e.g. pine, spruce, fir, upright juniper, arborvitae)

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.	
Broadleaf Evergreens (e.g. boxwood)

Height	Min. Ball Diameter	
Greater than 12 in. up to 15 in.	7 in.	
Greater than 15 in. up to 18 in.	8 in.	
Greater than 18 in. up to 24 in.	9 in.	
Greater than 24 in. up to 30 in.	11 in.	
Greater than 30 in. up to 36 in.	13 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.	
Greater than 6 ft. up to 7 ft.	20 in.	
Greater than 7 ft. up to 8 ft.	22 in.	
Greater than 8 ft. up to 9 ft.	24 in.	
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.	
MINIMUM BALL DEPTHS FOR NURSERY STOCK
A ball with a diameter less than or equal to 20 inchesshall have a ball depth not less than 65% of the ball diameter.
A ball with a diameter 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.
2.5	SPECIFICATIONS FOR BALLED AND POTTED NURSERY STOCK
Balled and potted nursery stock shall meet the balled and burlapped stock specifications in 2.4 of these rules.
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 specified in the following tables:
Coniferous Evergreens

Height	Minimum Bag Diameter	
3 ft.	10 in.	
4 ft.	11 in.	
5 ft.	14 in.	
6 ft.	17 in.	
8 ft.	20 in.	
10 ft.	21 in.	
12 ft.	24 in.	
14 ft.	28 in.	
16 ft.	33 in.	
Broadleaf Evergreens (e.g., Pyracantha coccinea and Euonymus fortunei)

Height	Minimum Bag Diameter	
3 ft.	11 in.	
4 ft.	12 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.	

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.	
Deciduous Trees

Caliper	Minimum Bag Diameter	
1 1/4 in.	12 in.	
1 1/2 in.	14 in.	
1 3/4 in.	15 in.	
2 in.	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.	
12.0	Statements of Basis, Specific Statutory Authority and Purpose
12.17	February 12, 2014 – Effective March 30, 2014
Statutory Authority
These amendments to the rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under § 35-26-111 C.R.S. of the Colorado Nursery Act (the “Act”).  
The purpose of these proposed rule amendments are as follows:
1.	Delete Rule 2.4 Specifications for Balled and Burlapped Nursery Stock.
2.	Delete Rule 2.5 Specifications for Balled and Potted Nursery Stock.
3.	Delete Rule 2.6 Specifications for In Ground Fabric Bag Grown Nursery Stock.
Factual and Policy Basis issues encountered when developing these rules include:
1.	Changes to Rules 2.4, 2.5, and 2.6 were made under the efficiency review process in 2012 of the Nursery Act to allow for consistency in enforcement. 
2.	During an information and education period, Nursery Industry from within and outside Colorado brought up concerns that the restrictions on root ball sizes made in 2.4, 2.5 and 2.6 were too strict and were prohibitive to many outside of the State of Colorado.
3.	Two meetings were held with industry representatives and the CNGA Board of Directors to discuss the concerns of the industry.
4.	No other states enforce root ball restrictions.
5.	Root ball sizes were determined to be best management practices best suited for industry and market place adjustment and not regulatory enforcement. In order to be enforceable the root ball restrictions had to be narrow and were too restrictive to business.
6.	The CNGA Board of Directors advised that CDA remove root ball restrictions from the Rules. Root ball restrictions are best management practices, too variable and unenforceable.