NAC555.155. Sale of nursery stock damaged by certain environmental or mechanical conditions; administrative fine.  


Latest version.
  •      1. A dealer of nursery stock shall not sell nursery stock that is damaged by an environmental or mechanical condition if the damage is:

         (a) Likely to inhibit normal growth and development;

         (b) To the branches of the nursery stock and cannot be corrected with selective pruning; or

         (c) To the cambium layer of the trunk of the nursery stock and is not less than 50 percent of the circumference of the trunk.

         2. As used in this section, “environmental or mechanical condition” includes, without limitation:

         (a) Transportation and handling;

         (b) Frost cracking;

         (c) Pruning;

         (d) Sunscald;

         (e) The roots of the nursery stock being abnormally pot-bound; and

         (f) Girdling of the roots.

         3. A licensee who violates this section shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

         (a) For the first violation, $100.

         (b) For the second violation, $300.

         (c) For the third and any subsequent violation, $500.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)