N.D. Admin Code 7-04-02-04 - Labeling of nursery stock

1. No person may sell or offer for sale any nursery stock which is not securely labeled in accordance with the "International Code of Nomenclature for Cultivated Plants" with the complete correct botanical or approved recognized common name as recognized by the latest edition of one of the following:
a. Hortus Third, Liberty Hyde Bailey Hortorium.
b. Manual of Woody Landscape Plants and Dirr's Encyclopedia of Trees and Shrubs, Michael A. Dirr.
c. Hilliers' Manual of Trees and Shrubs.
d. Manual of Cultivated Conifers, Den Oudem and Boon.
e. Plant names recognized and accepted by AmericanHort cultivar.
f. Plant-name listings of well-recognized, nonprofit horticultural societies and organizations.
2. Fruit trees, evergreens, shade trees, flowering trees, and shrubs must be labeled as to variety or cultivar.
3. All collected wild plants offered for sale must be labeled "collected from the wild" unless the stock has been grown under cultivation for at least one year.
4. The statement "nonhardy in North Dakota" must be easily visible to the consumer and printed in minimum twelve-point font. The commissioner's nonhardy list must be updated and accessible on the department website.

Notes

N.D. Admin Code 7-04-02-04
Amended effective August 1, 1978; January 1, 1988. Amended by Administrative Rules Supplement 373, July 2019, effective 7/1/2019.

General Authority: NDCC 4.1-22-02

Law Implemented: NDCC 4.1-22-07

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