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, the following rules and regulations are hereby promulgated:
26-10.0	REQUIRED RECORDS
26-10.1	RECORDS REQUIRED
All 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. 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 genus and or species names); amount of nursery stock received; and container size, tree caliper, tree height, or root ball size.
26-12.0	Statements of Basis, Specific Statutory Authority and Purpose
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.