2015 North Dakota Century Code Title 4 Agriculture Chapter 4-21.1 Nurseries and Nursery Stock
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CHAPTER 4-21.1
NURSERIES AND NURSERY STOCK
4-21.1-01. Definitions.
In this chapter, except when the context or subject matter otherwise requires:
1. "Certificate of inspection" means a document issued or authorized by the
commissioner stating that nursery stock is practically free from damaging pests.
2. "Commissioner" means the agriculture commissioner or the commissioner's authorized
representative.
3. "Grower" means any person who takes a reproductive part of nursery stock and
increases its size and development for at least one full growing season. This includes
a person producing nursery stock from tissue culture.
4. "Infested" means actually infested or infected with a pest or so exposed to infestation
that it would be reasonable to believe that an infestation exists.
5. "Nonhardy" means plant species, varieties, and cultivars that will not survive climatic
conditions in North Dakota.
6. "Nursery" means any place where nursery stock is propagated, grown, or offered for
sale.
7. "Nursery stock" means all trees, shrubs, and woody vines and parts thereof which are
capable of propagation or growth, except seed. Only those plants that are intended for
outdoor planting are considered nursery stock.
8. "Person" means any individual, corporation, limited liability company, company,
society, association, government agency, or other entity.
9. "Pest" means any invertebrate animal, pathogen, parasitic plant, or other similar
organism which can cause damage to nursery stock.
10. "Place of business" means each separate location from which nursery stock is being
offered for sale.
11. "Viable nursery stock" means nursery stock that is capable of living and accomplishing
the purpose for which it is grown, whether for foliage, flowers, fruit, or special use.
4-21.1-02. Administration - Rulemaking authority.
The commissioner has the responsibility for administration of the provisions of this chapter.
The commissioner may adopt such rules pursuant to chapter 28-32 as are necessary to carry
out the purposes and provisions of this chapter.
4-21.1-03. Authority for inspection.
The commissioner shall inspect all nursery stock being grown in North Dakota at least once
each year and may enter and inspect any nursery or place of business during normal business
hours.
4-21.1-04. Authority for abatement - Removal from sale.
The commissioner may, upon giving notice to the owner or the owner's agent, destroy, treat,
or remove from sale, at the owner's expense, any nursery stock offered for sale that is found to
be not viable, not accompanied by a certificate of inspection, not labeled correctly, or infested
with a pest.
4-21.1-05. Certification of nursery stock.
A certificate of inspection may be issued annually by the commissioner for nursery stock
grown in licensed nurseries within North Dakota that is found to be practically free from
damaging pests. Certificates expire December thirty-first unless canceled at an earlier date.
Certification may be withheld when nursery stock is infested with a pest or if weeds or other
objects prevent the commissioner from making an adequate inspection of the nursery stock. All
nursery stock being offered for sale within North Dakota must be from officially inspected
sources. A copy of a certificate of inspection from the state of origin must accompany each
commercial lot or shipment of nursery stock that is transported into or offered for sale within
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North Dakota. All reproductions of the North Dakota certificate of inspection needed for shipping
purposes must be approved by the commissioner.
4-21.1-06. Nursery license - Fee.
No person may sell nursery stock without a license issued by the commissioner. Licenses
expire December thirty-first unless revoked at an earlier date. An application for renewal of
license with any information requested by the commissioner must be submitted and
accompanied by a fee of fifty dollars on or before December thirty-first each year. A separate
license is required for each place of business. The fee for each additional license, other than the
principal place of business, is ten dollars. No license may be issued to a grower unless the
grower has been issued a certificate of inspection.
4-21.1-07. Dealer's license - Fee.
Repealed by S.L. 1987, ch. 88, § 12.
4-21.1-08. Agent's license - Fee.
Repealed by S.L. 1987, ch. 88, § 12.
4-21.1-09. Suspension and revocation of licenses.
Repealed by S.L. 1987, ch. 88, § 12.
4-21.1-10. Special inspections - Fees.
Repealed by S.L. 1987, ch. 88, § 12.
4-21.1-11. Labeling and standards for nursery stock.
No person may sell or offer for sale any nursery stock not labeled in accordance with the
international code of nomenclature for cultivated plants with the complete correct botanical or
approved recognized common name. All nonhardy trees and shrubs, as designated by the
commissioner, must be labeled with the statement "nonhardy in North Dakota". All nursery stock
offered for sale or distribution must be in a viable condition and must be stored and displayed
under conditions that will maintain its viability. Materials used to coat the aerial parts of the plant
that change the appearance of the plant surface so as to prevent adequate inspection are
prohibited.
4-21.1-12. Misrepresentation.
It is unlawful for any person to misrepresent the name, age, origin, grade, variety, quality, or
hardiness of any nursery stock being offered for sale.
4-21.1-13. Reciprocal agreements.
The commissioner may enter into reciprocal agreements with officers of other states for the
recognition of official licenses and inspection certificates.
4-21.1-14. Exemptions.
The commissioner may exempt certain nursery stock, nurseries, or persons from all or part
of the sections of this chapter. Exemptions from licenses and fees include:
1. Persons growing and propagating nursery stock for research or experimental
purposes.
2. Soil conservation districts selling nursery stock for the prevention of soil and wind
erosion or other conservation plantings.
3. Persons growing nursery stock for noncommercial purposes or that the commissioner
designates as exempt.
4-21.1-15. Late filing of license applications - Payment of fees.
Repealed by S.L. 1987, ch. 88, § 12.
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4-21.1-16. Penalties - Criminal - Civil - License revocation or nonrenewal.
1. Any person who violates this chapter, or any rules adopted pursuant to it, is guilty of a
class B misdemeanor.
2. Any person who violates any of the provisions of this chapter, or rules adopted
pursuant to it, is subject to a civil penalty not to exceed five hundred dollars for each
violation. The civil penalty may be adjudicated by the courts or by the commissioner
through an administrative hearing pursuant to chapter 28-32.
3. The department may, in accordance with the laws of this state, maintain an appropriate
civil action in the name of the state against any person violating this chapter or rules
adopted under this chapter.
4. The commissioner may refuse to grant a license to any person found guilty of repeated
violations of this chapter or rules adopted under this chapter, or to any person who has
failed to pay an adjudicated civil penalty for violation of this chapter within thirty days
after a final determination that the civil penalty is owed.
4-21.1-17. Deposit of funds.
Repealed by S.L. 1987, ch. 88, § 12.
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