American Standard for Nursery Stock shall mean the publication published by theAmerican Nursery and Landscape Association, copyright 1997. Copies may be purchased by writing to the American Nursery and Landscape Association, 1205 "I" Street, NW, Suite 500, Washington, DC 20005.
Dealer shall mean any person who does not grow nursery stock in Nebraska, but is involved in: (1) The acquisition and further distribution of nursery stock; (2) The utilization of nursery stock for landscaping or purchase of nursery stock for other persons; (3) The distribution of nursery stock with a mechanical digger, commonly known as a tree spade, or by other means.
Distribute shall mean selling, exchanging, bartering, moving, transporting, offering to sell, exchange, barter, move, or transport or otherwise supplying. Distribute shall not include moving or transporting on contiguous real estate that is owned, leased, or controlled by the same person.
Nursery stock shall mean all field-grown or container-grown perennial plants, including, but not limited to, vegetative or propagative parts or perennial plants dug from the wild, so labeled and distributed. This stock excludes, among other things, greenhouse plants grown for indoor use, annual plants, biennial plants, florist stock, cut flowers, sod, turf, onions, or potatoes, or seeds from any such plants.
Inspection Of Dealers
The inspections of dealers' and growers' of nursery stock and the associated reports issued is authorized by Neb. Rev. Stat. Sections 2-1091; 2-1092; 2-1093; 2-1094; 2-1095; 2-1096; 2-1097; 2-1098; 2-10,100; 2-10,101; 2-10,102; and 2-10,115 of the Act.
- Nursery stock should be accessible during regular business hours to the Department for inspection. Weeds or other growth which may hinder a proper inspection shall be grounds to suspend or withhold any license or be cause for reinspection.
- Inspection reports issued to dealers will outline the violations involved and corrective actions to be taken including Withdrawal-From-Distribution orders which would specify nursery stock that is restricted and can't be distributed.
Storage, Care, And Display Of Nursery Stock
Nursery stock shall be displayed or stored up off the concrete, asphalt, or other similar hard surfaced areas on pallets or on bark or other moisture-retaining/heat-reducing material. Roots shall be protected from excessive heat, drying, and other adverse conditions.
Balled and burlapped stock shall be kept moist at all times and in a moisture-retaining material at a depth significant to cover approximately 75% of the ball.
Bare root stock shall be kept under conditions of temperature, light, and moisture to retard etiolated (bleached as the result of the exclusion of light) or other abnormal growth and maintain viability. Moisture shall be supplied to the root system by high humidity conditions in storage or by covering the roots with moisture-retaining material. The roots of healed-in-stock must be covered by a moisture-retaining material.
Bench balled stock shall be kept moist at all times and in moisture-retaining material at a depth significant to cover approximately 75% of the ball.
Container-grown, potted, and balled-and-potted stock shall be kept and displayed under conditions of temperature, light, and moisture significant to maintain the viability and vigor of the nursery stock. Potting media shall be maintained at the depth significant to cover all roots of the plants.
Packaged stock shall be stored and displayed under conditions of temperature and light that will retard etiolated growth or other abnormal growth and ensure adequate moisture.
Standards For Viability Of Nursery Stock Distributed
All nursery stock distributed by dealers and growers shall meet the following standards of viability. Stock not meeting those minimum standards or viability shall not be offered for distribution. The authority to set viability standards for nursery stock distributed by dealers and growers is found in Neb. Rev. Stat. Sections 2-1096; 2-1097; 2-1098; 2-10,101; 2-10,102; and 2-10116 of the Act.
- Woody stemmed deciduous stock shall have moist green cambium in the stems and branches and shall have viable buds or normal green, unwilted growth. Etiolated growth from individual buds shall not be more than four inches.
- Rose bushes shall have moist green cambium in each cane at least six inches above the graft. Etiolated growth from individual buds shall not be more than four inches.
- Balled and burlapped stock shall have moist, green cambium in the stems and branches and shall have viable buds or normal green, unwilted growth. Etiolated growth from individual buds shall not be more than four inches. Balled and burlapped nursery stock shall have secure earth balls that shall meet or exceed the size specified by the American Standard for Nursery Stock.
- Herbaceous perennials shall not be wilted or in such condition indicative of subnormal viability.
- Colored waxes or materials used to coat the aerial parts of plants which change the appearance of plant surface so as prevent adequate inspection are prohibited.
- Nursery stock with plant pest infestations or serious damage as a result of plant pest infestations shall not be distributed.
- Nursery stock distributed by dealers, growers, and collectors, and those with optional inspections shall not contain actively growing weeds.
- Nursery stock environmentally or mechanically damaged shall not be distributed if normal growth and development would be inhibited. Examples include, but are not limited to, cultivator damage, deer damage, rabbit damage, hail damage, sunscald, and frost cracks. Nursery stock will be ordered destroyed if 40% or greater of the cambium layer of the trunk or crown is damaged. If 20 to 40% of the cambium layer of the trunk or crown is damaged, nursery stock may be withdrawn from distribution.
- Nursery stock shall not be distributed with plastic burlap. All other nondecomposing material enclosing balls of soil and all nursery stock bound with plastic rope, shall be untied when active growth begins. Rope used to tie up the branches of trees shall be removed when active growth begins.
- Any plant not meeting the above criterion may be pruned to remove dead or damaged branches and canes or etiolated growth and may then be distributed.
Labeling And Shipment Of Nursery Stock
- The proper labeling and record keeping of nursery stock distributed and received by dealers, growers, collectors, and those with optional inspections is authorized by Neb. Rev. Stat. Sections 2-1091.01; 2-10,106; 2-10,108; and 2-10,116 of the Act.
- All nursery stock distributed in Nebraska shall be individually labeled with the correct common name or botanical name and the place of origin of nursery stock. An exception to this is that container grown or potted nursery stock of one gallon or less is not required to have an individual place of origin label.
- Place of origin labels may be in code, provided the Department is given access to the code.
- All collected nursery stock shall be labeled as collected.
- When grade classifications are declared, they shall be in accordance with those adopted by the Department in addition to the requirements of the Act.
- When nursery stock is distributed in a group or bundle of the same species and variety, a label on the group or bundle shall be an adequate label. When nursery stock is planted, the label may be omitted if the nursery stock is listed on the invoice or receipt.
- When nursery stock is from a quarantined area, the shipment must include the proper documentation and compliance labeling of any applicable federal or state quarantines.
- Dealers, growers, collectors, brokers, and those with optional inspections shall maintain for three years shipment records, packing slips, and other records of: (1) the name and address of any person from which nursery stock was received and the receiving date; (2) the name and quantity of the contents; the place of origin; and (3) a license or its equivalent issued by the recognized, authorized agency stating that the nursery from which the nursery stock originates has been inspected.