Effective 7/1/2017 4-15-102. Background and purpose. The Legislature finds that: (1) nursery stock can harbor and vector plant pests and diseases; (2) unregulated production and shipping of nursery stock presents an unacceptable risk to the state’s agricultural, forestry, and horticultural interests, and to the state’s general environmental quality; and (3) it is necessary to ensure […]
Effective 7/1/2017 4-15-104. Department authorized to make and enforce rules. The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules necessary to administer and enforce this chapter. Renumbered and Amended by Chapter 345, 2017 General Session
Effective 7/1/2017 4-15-105. Unlawful to offer nursery stock for sale or to solicit orders for nursery stock without license. It is unlawful for any person in this state to offer nursery stock for sale at a nursery or nursery outlet, or to solicit or receive orders for nursery stock for a person who regularly engages […]
Effective 7/1/2017 4-15-106. License — Application — Fees — Expiration — Renewal. (1) (a) Application for a license to operate a nursery or nursery outlet or to solicit or receive orders of nursery stock for a person regularly engaged in the business of operating a nursery or nursery outlet shall be made to the department […]
Effective 7/1/2017 4-15-107. Nursery stock for wholesale or retail sale — Graded and sized — Labels and tags — Information to appear on label or tag. (1) Each type of nursery stock delivered to a nursery or nursery outlet for subsequent wholesale or retail sale shall: (a) be sized and graded in accordance with the […]
Effective 7/1/2017 4-15-108. Inspection — Issuance of certificate — Destruction of infested or diseased stock. (1) (a) Each nursery may be inspected by the department at least once each year. (b) If, upon the inspection described in Subsection (1)(a), it appears that the nursery and the nursery’s stock are free of insect pests and plant […]
Effective 7/1/2017 4-15-109. Transport of out-of-state nursery stock to Utah — Certificate of inspection to be filed with department by out-of-state nurseries — Option in department to accept exchange list in lieu of certificate of inspection — Imported stock to be tagged — Treatment of stock not tagged. (1) (a) Subject to Subsection (1)(b), out-of-state […]
Effective 5/12/2020 4-15-110. Nursery stock offered or advertised for sale — Unlawful to misrepresent name, origin, grade, variety, quality, or vitality — Information required in advertisements. (1) A person shall not misrepresent the name, origin, grade, variety, quality, or indicia of vitality of any nursery stock advertised or offered for sale at a nursery or […]
Effective 7/1/2017 4-15-111. Infested or diseased stock not to be offered for sale — Identification of “nonestablished container stock” — Requirements for container stock — Inspected and certified stock only to be offered for sale — Prohibition against coating aerial plant surfaces. (1) Nursery stock that is infested with plant pests, including noxious weeds, or […]
Effective 7/1/2017 4-15-112. Enforcement — Inspection — Stop sale order — Procedure — Warrants. (1) (a) The department may issue a “stop sale” order to any nursery or nursery outlet upon discovery or notification of a quarantine pest or pest of concern, or if the department has reason to believe the nursery is offering, advertising, […]
Effective 7/1/2017 4-15-113. Suspension or revocation — Grounds — Notice and hearing. (1) Subject to Subsection (2), the department may suspend or revoke the license of any nursery, nursery outlet, or agent that violates Section 4-15-110 or 4-15-111. (2) A suspension or revocation shall not be effective until after the nursery, nursery outlet, or agent […]
Effective 7/1/2017 4-15-114. Compliance agreements. The department may make compliance agreements with the responsible officials of other states and nursery establishments to achieve compliance with any set of requirements being enforced by the department. Renumbered and Amended by Chapter 345, 2017 General Session
