California Citrus Nursery Board [Page]

Nursery License Requirements

A nursery must obtain/renew an annual license if sales exceed $1000 for a 12-month period.
The LICENSE TO SELL NURSERY STOCK is issued for a 12-month period. There are four such 12-month periods: January through December; April through March; July through June; and October through September. New licenses are issued for the license period commencing nearest to the date of receipt of the application.
Renewals are due by the 10th day of the first month of the licensee's license period.
The application for license can be obtained from CDFA or your local Agricultural Commissioner's Office.
ther requirements for California nurseries are set forth in the Nursery Inspection Procedures Manual.

NIPM Item #1

Summary of California Laws and Regulations Pertaining to Nursery Stock

A summary of the more important agricultural laws and regulations affecting the business of selling nursery stock

The following lists and summarizes sections from the California Food and Agricultural Code (FAC) and the California Code of Regulations (CCR). The text of each section should be consulted for the fulll and exact statement of these laws and regulations. The FAC may be found in libraries or at the offices of County Agricultural Commissioners. An extract of the FAC pertaining to Plant Health and Pest Prevention Services may be purchased from the California Department of Food and Agriculture (CDFA) by requesting Publication #475 and sending a check or money order for $12.00 payable to Cashier, CDFA, 1220 N Street, Sacramento, California 95814. The FAC is also available online at http://www.leginfo.ca.gov/calaw.html.

The following summary was correct as of April 30, 1999. For any subsequent changes and for further information regarding agricultural laws or rules and regulations, or regarding treatments for agricultural pests and plan diseases, consult your County Agricultrual Commission or the Pest Exclusion/Nursery, Seed, and Cotton Program at (916) 654-0435.

Description of Duties

The County Agricultural Commissioner is an enforcing officer of all laws, rules, and regulations relative to the prevention of the introduction into or the spread within the state of plant pests and as to such activities is under the supervision of the Secretary of Food and Agriculture.

The County Agricultural Commissioner inspects nurseries for pests injurious to plants and assists the nurseryman with pest control problems. He/she inspects incoming shipments of nursery stock, enforces plan quarantines, and inspects nursery stock for proper labeling and condition.

The County Agricultural Commissioner issues shipping permits, nursery stock certificates, and other required certificates to facilitate movement of nursery stock in trade.

The Pest Exclusion/Nursery Program of the California Department of Food and Agriculture coordinates the inspection of nurseries by County Agricultural Commissioners to assure uniformity of this work throughout the state; assists County Agricultural Commissioners and nurserymen with pest control and eradiction; licenses the sale of nursery stock; maintains a list and publishes a directory of nurserymen and locations where nursery stock is sold; and registers or certifies certain plants that are inspected and tested for specific virus or virus-like diseases and other pests.

Inquiries may be addressed to Pest Exclusion/Nursery, Seed, and Coton Program, California Department of Food and Agriculture at:

1220 N Street, Room A-372
Sacramento, CA 95814
voice: 916/654-0435
fax: 916/654-0986

License

(Sections 6721 through 6744, FAC)

It is unlawful to sell any nursery stock within an annual license from the Secretary of Food and Agriculture. If there is a change of owners of a licensed firm at any time, a new application for a new license is required at the time of the onwership change. Incorporation constitutes a change of ownership. Applications (see NIPM Item #2.1) are available at each County Agricultural Commissioner's office or from the Pest Exclusion Branch in Sacramento.

Forfeiture

Failure to pay license renewal fees before the 11th day of the first month of the licensee's license period forfeits the license, and a restoration fee in addition to the regular fees becomes necessary unless a statement of nonsale of any nursery stock is made.

Fee Exemption

Exemption from license fees is allowable if all of the followig conditions are met: (1) applicant's sales amount to less than one thousand dollars ($1,000) in a fiscal year; (2) applicant has reported to the County Agricultural Commissioner of his/her county applicant's intention to make such sales; (3) all the plants applicant has to be sold are of own production; and (4) applicant sells all such plants for planting within the county where grown. Application for a fee-exempt license may be made through the County Agricultural Commissioner.

Exemption From License

Exemption from license is allowable to florists and others who only sell plants at retail for the sole purpose of indoor decoration, to persons who sell no nursery stock except seeds, and to persons who only sell cut Christmas trees.

Refusal

After investigation and hearing, a license may be refused, suspended, or revoked for fraud or misrepresentation, or for failure to comply with laws and regulations relative to nursery stock.

Definitions

(Sections 38, 44, 5005, 5007, and 5008, FAC)

"Person" includes firm, corporation, company, or association. "Sell" includes offer for sale, expose for sale, or possess for sale, exchange, barter, or trade. "Nursery stock" means any plant for planting, propagation, or ornamentation. "Plant" includes any part of a plant, tree, plant product, shrub, vine, fruit, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or fruit pit. "Shipment" means any article or thing which is, may be, or has been transported from one place to another place.

Penalty

(Sections 5310 and 5311, FAC)

Any person who violates these laws and regulations may be prosecuted through civil action and fined up to $10,000 per violation. In lieu of civil action, the Secretary or County Agricultural Commissioner may levy a civil penalty of up to $2,500 per violation.

Authority to Enter Premises

(Sections 408, 5023, 6403, and 53362, FAC)

The Secretary may enter upon any premises to inspect the same or any plants, appliances or thing thereon. The County Agricultural Commissioner has similar authority within his/her jurisdiction.

Rules and Regulations

(Sections 14 and 407, FAC)

The Secretary is authorized to promulgate and adopt rules and regulations (in the manner prescribed in the Government Code) for carrying out those provisions of the Code which he/she is directed and authorized to administer or enforce. All regulations of the California Department of Food and Agriculture are in Title 3, California Code of Regulations (CCR).

Inspections of Nurseries

(Sections 6761 and 6901 through 6904, FAC)

The Secretary is authorized to establish rules and regulations providing for periodic inspections of nurseries by County Agricultural Commissioners and prescribing standards of cleanliness from pests for nursery stock. The County Agricultural Commissioner shall issue orders when necessary to insure compliance with such standards. Failure to maintain nursery stock in accordance with the standards or to comply with orders issued by the County Agricultural Commissioner of the Secretary may be cause for action against a license to sell nursery stock. Regulations prescribing standards of cleanliness are available from the Pest Exclusion Branch upon request.

Notice to Hold Infested/Infected Materials

(Sections 5701 through 5705, FAC)

Whenever there exists on any premises any plants or other things infested or infected by any pest, the Secretary or the County Agricultural Commissioner may hold such plants or other things. It is unlawful to move them except under written permission. When disinfected or cleaned, they may be released.

Pest Abatement Notice

(Sections 5023 and 5421, FAC)

The County Agricultural Commissioner, whenever he/she deems it necessary, may enter and make an inspection of any premises, plant, conveyance, or thing in his/her jurisdiction, and may notify the record owner or person in charge that the same are infected or infested, and require such person to eradicate, destroy, or control pests within a certain time to be specified.

Infested Premises a Public Nuisance (Sections 5401 through 5405, FAC)

Any premises, plants, conveyances or things infected or infested with pests are declared a public nuisance, and shall be prosecuted as such. The remedies provided shalll be in addition to the remedy by way of abatement.

Whenever such nuisance exists, notice has been served, and such nuisance is not abated within the time specified, the County Agricultural Commissioner shall cause said nuisance to be abated by eradicating, controlling, or destroying said pests.

Abatement Cost a Lien (Sections 5421 through 5436, FAC)

After notice, a lien may be made against theproperty from which such nuisance has been removed or abated in pursuance of this Chapter. Such lien shall be superior to all encumbrances upon the land or property, except only the liens for taxes and assessments. There is provision for the addition of a penalty of 15 percent after 80 days of nonpayment and for the foreclosure within 120 days.

Restrictions On Certain Plants

Neglected Plants (Section5551 et. seq., FAC)

Neglected or abandoned plants or crops, under certain conditions when pest infested, may be declared public nuisances. Prevention or abatement action may be taken where public nuisances exist.

Citrus Nursery Stock (Section 3407, CCR)

All citrus nursery stock moving within California must meet the requirements of the "Citrus Tristeza Virus Interior Quarantine." County Agricultural Commissioners should be consulted for details.

Weeds (Sections 7201 through 7207, FAC)

The Secretary may declare areas free of noxious weeds; it is unlawful to disseminate the seed of any noxious weed.

Nursery Stock Shipments

Responsibility for Treatment (Section 5021, FAC)

Any treatment of pests which may be required under the provisions of law shall be at the risk and at the expense of the owner or persons in charge or in possession thereof at the time of treatment, unless otherwise provided.

Certification for Shipment (Sections 5101, 5102, and 5201 through 5209, FAC)

County Agricultural Commissioners may certify as to the pest condition or pest treatment of shipments when officially required. Fees may be charged for certificates in certain instances. (If certification of shipments is desired and will require field inspection of growing plants, applications should be made to the County Agricultural Commissioner before the growing season begins or early enough to permit adequate inspection.)

Appeal (Section 5103, FAC)

Any interested person, aggrieved by any action or order of the County Agricultural Commissioner relative to the prevention of the introduction into or the dissemination within the state of pests, may appeal within five days in writing to the Secretary whose decision shall be final.

Warning Tag or Notice (Section 6303, FAC)

Any shipment or lot fo plants to which a warning tag or notice has been affixed shall not be moved without permission of the enforcing officer and the tag or notice shall not be removed, altered, destroyed, defaced or mutilated.

Nursery Stock Held for Inspection (Sections 6501 through 6506, FAC)

A person receiving or bringing into any county or locality any nursery stock is required to hold the same for inspection and notify the County Agricultural Commissioner. Seeds in small packages are exempt. Nursery stock moving under valid nursery stock certificate need not be held.

[Note: Orders of the Postmaster General provide that all packages containing any plants or plant products, as listed, shall be held in the mails for inspection at the nearest place where inspection is maintained. Provision is made for inspection in transit and adjustment of postage.]

A nurseryman should request of his/her County Agricultural Commissioner that inspection be made of any shipment destined to Alpine County and, if passable, an "inspected and passed" sticker be attached so that it may be delivered without being held. A nurseryman authorized to use nursery stock ceertificates may use the certificates on shipments to Alpine County and the need not be held for inspection.

Marking of Shipments (Section 6921, FAC)

Each shipment of nursery stock must be marked with the name and address of the shipper and the name of the consignee.

Shipping Permit (Section 6922, FAC)

Each shipment must have a shipping permit attached, except that nurserymen authorized by the County Agricultural Commissioner to use nursery stock certificates may use such certificates, subject to governing regulations, in lieu of a shipping permit.

Nursery Stock Certificate (Sections 6921 through 6927, 6961, 6965, and 6968, FAC)

The Secretary may issue regulations which will govern the issuance by County Agricultural Commissioners and use of nursery stock certificates and shipping permits.

The County Agricultural Commissioner may issue and authorize the use of nursery stock certificates by any shipper complying with the regulations.

Shipments accompanied by these certificates may move to other localities within the county or to other counties without inspection at destination. Nursery stock certificates may be used for interstate shipments.

The County Agricultural Commissioner may revoke or suspend the right to use any nursery stock certificate or shipping permit which is issued to any person who fails to comply with requirements for their use.

Shipping permits and nursery stock certificates shall not be altered or misused.

Manifest (Section 6925, FAC)

Any person who sells, delivers, or transports any nursery stock, except when accompanied by a nursery stock certificate, shall at or prior to the time of shipment, forward to the County Agricultural Commissioner having jurisdiction at destination, a manifest stating the names and addresses of the shipper and the consignee, the name and quantity of each of the kinds of plants in the shipment and the locality where each was grown, and the means by which it is being transported. Manifest requirements do not apply to shipments of seed.

Disposition of Infested Shipments (Sections 6341 through 6344 & 6521 through 6524, FAC)

Any shipment of nursery stock found infested shall be refused delivery and may be destroyed, except that if safe and practicable to do so, it may be returned to origin or treated and released; or it may be divided and a part of it returned or treated.

Any shipment infested with the seed of a pest (weed seed) not of common occurence shall be similarly disposed of.

Shipments To or Imports From Other States

Before ordering nursery stock from other areas, and also before making shipments to other states and foreign countries, consult the County Agricultural Commissioner regarding plant quarantine requirements which may affect your shipments.

Nurseries are warned that all plant materials received from out of state, except as provided by Origin Inspection Agreement, are required to be held under quarantine until released by the destination County Agricultural Commissioner.

Intrastate California Plant Quarantines

For changes subsequent to this publication and for details concerning plant quaranties, consult your County Agricultural Commissioner. The folllowing regulations are subject to change.

Section 3400, CCR, PEACH MOSAIC DISEASE Interior Quarantine, forbids the movement of scions or nursery stock of peach, nectarine, apricot, almond, plum, and prune (including flowering forms) from San Diego County and parts of Los Angeles, San Bernardino, and Riverside Counties to elsewhere in the state and regulates the movement of budwood and plants within the quarantined area when intended for use in commercial plantings. Consult County Agricultural Commissioner for details.

Section 3401, CCR, OZONIUM ROOT ROT Interior Quarantine, prohibits the movement of all rooted nursery stock and soil except when accompanied by a certificate of quarantine compliance issued by the County Agricultural Commissioner from the quarantined area (all of Imperial and parts of Riverside and San Diego Counties). Consult County Agricultural Commissioner for details.

Section 3406, CCR, MEDITERRANEAN FRUIT FLY Interior Quarantine, restricts movement of host fruits and soil within the drip area of plants producing or which have produced host fruit, from portions of Orange, Riverside, and San Diego Counties. Consult County Agricultural Commissioner for details.

Section 3407, CCR, CITRUS TRISTEZA VIRUS Interior Quarantine, prohibits the movement of citrus trees and scions from Orange and Ventura Counties and portions of Los Angeles, Riverside, San Bernardino, San Diego, and Santa Barbara Counties to elsewhere in the state. This quarantine requires a moving or a cutting permit for the movement of citrus nursery stock or budwood into and between suppressive areas. Suppressive areas include Kern County and portions of Fresno, Riverside, and Tulare Counties. Other portions of the state are in the regulated area and a permit is required for movement to the suppressive area. Consult County Agricultural Commissioner for details.

Section 3409, CCR, PINK BOLLWORM Interior Quarantine, restricts the movement of cotton, cottonseed, cotton plants and plant parts, kenaf, and okra from all cotton-producing areas of California. Consult County Agricultural Commissioner for details.

Section 3410, CCR, HYDRILLA Interior Quarantine, restricts movement of hydrilla plants and plant parts, and articles which may transport hydrilla, from portions of Calaveras, Imperial, Lake, Madera, Mariposa, Shasta, Tulare, and Yuba Counties. Consult County Agricultural Commissioner for details.

Section 3414, CCR, CHERRY FRUIT FLY Interior Quarantine, prohibits the movement of cherry fruits and plants in soil from the entire county of Siskiyou and from portions of Humboldt, Shasta, and Trinity Counties. Consult County Agricultural Commissioner for details.

Section 3417, CCR, MEXICAN FRUIT FLY Interior Quarantine, restricts movement of host fruits and soil within the drip area of plants producing or which have produced host fruit, from portions of San Diego County. Consult County Agricultural Commissioner for details.

Section 3419, CCR, DATE PALM DISEASE Interior Quarantine, prohibits the movement of all plants and plant parts for propagation, including seed, of the genus Phoenix into Imperial County and into parts of Inyo and Riverside Counties. Consult County Agricultural Commissioner for details.

Section 3429, CCR, SWEET POTATO WEEVIL Interior Quarantine, restricts movement of host plants and equipment from portions of San Diego County. Consult County Agricultural Commissioner for details.

Section 3430, CCR, KARNAL BUNT DISEASE Interior Quarantine, restricts movement of conveyances, soil, and other specified articles from portions of Imperial and Riverside Counties. Consult County Agricultural Commissioner for details.

Section 3431, CCR, OLIVE FRUIT FLY Interior Quarantine, restricts movement of olives and soil within the drip area of plants producing or which have produced olives, from portions of Los Angeles County. Consult County Agricultural Commissioner for details.

Section 3432, CCR, RED IMPORTED FIRE ANT Interior Quarantine, restricts movement of all rooted nursery stock and soil from Orange County and portions of Los Angeles and Riverside Counties. Consult County Agricultural Commissioner for details.

County Restrictions

Apples—Contra Costa, El Dorado, Fresno, Kern, Kings, Madera, Merced, Monterey, San Benito, San Joaquin, San Luis Obispo, Santa Barbara, Santa Cruz, Stainslaus, Tulare, and Ventura Counties have restrictions prohibiting the movement of apple fruit and trees into these counties unless certain conditions are met due to concerns about apple maggot. Consult County Agricultural Commissioner for details.

Bermuda Grass—Del Norte, San Luis Obispo, Santa Clara, and Siskiyou Counties have announced that restrictions will be enforced governing the movement of Bermuda grass see and cut Bermuda grass for planting into these counties without prior approval of the County Agricultural Commissioner. Consult County Agricultural Commissioner for details.

Celery—Section 3610, Western Celery Mosaic Host-Free Districts and Periods, prohibits celery plants in portions of San Luis Obispo County and all of Monterey and Ventura Counties during specific periods each year. Consult County Agricultural Commissioner for details.

Citrus Nursery Stock—Fresno, Glenn, Imperial, Kern, Madera, Riverside, San Diego, Tulare, and Ventura Counties have announced that restrictions will be enforced governing the movement of citrus nursery stock, including budwood, into and within these counties to prevent further distribution of certain citrus pests. Consult County Agricultural Commissioner for details.

Citrus and Psidium—Fresno, Glenn, Imperial, Kern, Madera, Riverside (portions), Tulare, and San Bernardino (portions) Counties have restrictions on all plants and plant parts of all species and varieties of the genera Citrus and Psidium (guava) from the woolly whitefly infested Counties of Los Angeles, Orange, Riverside (portions), San Bernardino (portions), San Diego, San Luis Obispo, Santa Barbara, Santa Clara, and Ventura. Consult County Agricultural Commissioner for details.

Cotton—Glenn County restricts the movement and maintenance of all parts of cotton plants and their seeds and cotton equipment due to concerns about Verticillium dahliae. Consult County Agricultural Commissioner for details.

Garlic—Section 3559, CCR, Garlic Production in Mono County restricts the movement of garlic plants or parts for planting, or machinery used in garlic fields, into the Antelope, Benton, Chalfant, and Hammil Valleys of Mono County. Consult County Agricultural Commissioner for details.

Grapevines—El Dorado, Glenn, Lake, Mariposa, Nevada, and Placer Counties have announced that restrictions will be enforced governing the movement into or within the counties of all grapevines, cuttings, and used vineyard equipment due to converns about grape phylloxera. Consult County Agricultural Commissioner for details.

Grapevines—Mendocino, Napa, Nevada, Sonoma, Lake, and San Joaquin Counties have restrictions on the entry of any green-growing (bearing leaves) grapevines due to concerns about the western grapeleaf skeletonizer. Consult County Agricultural Commissioner for details.

Lettuce—Section 3597, CCR, Lettuce Root Aphid Host-Free Districts, prohibits Lombardy poplars in the Pajaro and Salinas Valleys. Consult County Agricultural Commissioner for details..

Lettuce—Section 3611, CCR, Lettuce Mosaic Host-Free District and Period, prohibits lettuce and endive plants in Monterey County from December 7th through December 21st of each years. Consult County Agricultural Commissioner for details.

Peach and Nectarine Trees—Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura Counties have announced that restrictions will be enforced governing the movement of peach and nectarine trees, including their flowering forms and all parts of these trees for or capable of propagation, except fruit pits and registered trees or budwood identified by an official state tag or seal, into these counties. Consult County Agricultural Commissioner for details.

Weed Pests—Plant quarantine inspectors throughout the state have been instructed to refuse balled or canned nursery stock infested with serious weed pests unless it is feasible to remove all vegetative reproductive weed parts. Consult County Agricultural Commissioner for details.

Grades and Standards For Nursery Stock

Definitions (Sections 53301 thorugh 53313, FAC)

"Advertisement" means any representation which relates to nursery stock, that is disseminated in any manner or by any means, except a representation which is on the label. "Decorative plants" means indoor plants wh commonly grown and sold in movable containers, and which are not adapted for cultivation out of doors because of climatic conditions and natural peculiarities of habit or growth and because of the purpose of their cultivation. "Grade size" means the designation relating to nursery stock, which denotes the height, spread, caliper, dimension, condition, quality, age, methods of propagation, or means of growth. "Labeling" means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompanies and pertains to any nursery stock. "Nursery stock" means all kinds of nursery stock except decorative plants and seeds. "Ornamental" means any plant which is grown for ornamental purposes, except decorative plants, dormant bulbs, tubers, roots, corms, rhizomes, and pips.

Regulations (Sections 53391 and 53392, FAC)

The Secretary is authorized to adopt regulations to provide the grade sizes of the different kinds of nursery stock and such other regulations as may be necessary.

Labeling (Sections 53481 through 53483, FAC)

Nursery stock may be labeled at the discretion of the seller, but if it is, the law requires the botanical name on ornamentals (but not roses, fruit trees, or annual or herbaceious perennial ornamental plants); the recognized common name and cultivar for fruit trees; the kind and cultivar for turf; and the cultivar name on roses, annual or herbaceious perennial ornamental plants, dormant bulbs, tubers, roots, corms, rhizomes, pips, and other kinds of nursery stock. For the last group of kinds of nursery stock, exception is made allowing the use of the recognized common name only when no cultivar name has been given or can be determined. Consult County Agricultural Commissioner for details.

Dead, Dying or Damaged STock Shall Not Be Sold (Sections 53451 and 53452, FAC)

Nursery stock when sold shall not be dead or in a dying or seriously damaged condition. Deciduous fruit and nut trees when sold shall be free from defective roots and other deformation.

Unlawful Acts (Sections 53511 and 53512, FAC)

It is unlawful to label improperly; to misrepresent or mislead by labeling or advertising; to detach, alter, deface, or destroy any warning tag or notice; to hider or obstruct an enforcement officer; and/or to fail to comply with a warning tag or notice.

Enforcing Officers (Section 53361, FAC)

The Secretary and the County Agricultural Commissioners, and their deputies and inspectors, are enforcing officers.

Warning Tag or Notice (Sections 53421 and 53423, FAC)

A warning tag or notice may be issued and enforced covering nursery stock in violation, which shall prohibit the movement of such stock until the violation is corrected and the warning tag or notice is removed by an enforcing officer. The owner or custodian of nursery stock has the right to appeal an order of the County Agricultural Commissioner to the Secretary.

Prosecution, Public Nuisance (Sections 53363 and 53561, FAC)

The Secretary or County Agricultural Commissioner may institute proceedings against violators. Any lot of nursery stock in violation is a public nuisance subject to seizure by a court of competent jurisdiction with abatement remedies.

Penalty (Section 53541, FAC)

Violation is a misdemeanor punishable by a fine of $50 to $500, or a jail sentence of up to six months, or both.

Special Assessments

Fruit Tree, Nut Tree, and Grapevine Nursery Stock (Sections 6981 through 6989)

An annual assessment of one percent of the gross sales of fruit tree, nut tree, and grapevine nursery stock produced in the state is collected to support fruit tree, nut tree, and grapevine nursery stock improvement activities. An appointed board advises on the expenditure of collected funds.

Registration and Certification Programs

(Sections 5821 through 5827, FAC)

Requests for information concerning the following programs should be directed to the Pest Exclusion/Nursery Program; 1220 N Street, Room A-372, Sacramento, CA 95814

Registration and Certification. Upon application, under established rules and regulations and accompanied by the proper fee, inspections are made of plants, premises, and records. Plants found not to be infested or infected or liable to become infested or infected with pests may be reigstered or certified. Special treatments may be made. This service is supported by fees paid under the provisions of this section. It is unlawful to alter, deface, or misuse any certificate or tag.

Avocado Certification (Sections 3030 through 3033, CCR)

Avocado nursery stock may be certified when grown in accordance with specified procedures to protect against infection with avocado root rot (Phytophthora cinnamomi).

Avocado Registration (Sections 3033.1 through 3033.5, CCR)

Avocado trees may be registered for the purpose of providing rootstock and scion-wood sources for the propagation of nursery stock when inspected and tested for the sun-blotch viroid disease. Registration is limited to varieties or clones that are considered to be the best available in the industry from a pest cleanliness standpoint.

Citrus Tree Registration and Certification (Sections 3000 through 3004, CCR)

Citrus trees may be registered to provide rootstock and scion sources for the propagation of certified nursery stock when inspected and tested for virus, virus-like, and graft-transmissible diseases. In addition, citrus seed trees may be registered for use as sources of seed for rootstock propagative material after having been inspected for the virus psorosis.

Deciduous Fruit and Nut Trees (Sections 3015 through 3015.5, CCR)

Deciduous fruit and nut trees may be registered for the purpose of providing rootstock and scion sources for the propagation of certified nursery stock when inspected and tested for specific virus diseases and other pests. Progeny trees eligible for entry in the program may be obtained from the Foundation Plant Services, University of California, Davis.

Grapevines (Sections 3024 through 3024.4, CCR)

Grapevines or grapevine plantings may be registered as rootstock and top stock sources for the propagation of nursery stock when inspected, tested, and found apparently free from specific virus diseases. Nursery stock grown from registered sources may be certified. Foundation stock eligible for entry in the program may be obtained from the Foundation Plant Services, University of California, Davis.

Nematode Certification (Sections 3055 through 3055.6, and 3640, CCR)

Nursery stock for commercial farm planting must meet the requirements of the Nursery STock Nematode Certification program to assure freedom from plant parasitic nematodes.

Pome Fruit Trees (Sections 3020 through 3020.5, CCR)

Pome fruit trees may be registered for the purpose of providing rootstock and scion sources for the propagation of certified nursery stock when inspected and tested for specific virus diseases and other pests.

Seed Garlic (Sections 3044 through 3044.6, CCR)

Seed garlic, grown in accordance with specified procedures in an area where stem and bulb nematode is not prevalent, may be approved as propagative stock or may be certified when inspected and found free from stem and bulb nematode (Ditylenchus dipsaci).

Strawberry Plants (Sections 3049 through 3049.5, CCR)

Strawberry plants may be approved as propagative stock or may be certified when inspected and tested for virus diseases, nematodes, and other serious pests.

NIPM Item #2

California License to Sell Nursery Stock

A license to sell nursery stock shall be obtained from the Secretary of Food and Agriculture before any sales are made.

The license is issued to the person operating the business where nursery stock is sold. The LICENSE IS NOT TRANSFERABLE to another person. The fee for a new license is due at the time any change in ownership occurs.

The LICENSE TO SELL NURSERY STOCK is issued for a 12-month period. There are four such 12-month periods: January through December; April through March; July through June; and October through September. New licenses are issued for the license period commencing nearest to the date of receipt of the application.

The LICENSE must be RENEWED no later than the 10th day of the first month of the licensee's license period. If the fee is not received by the date, the license is forfeited and thereafter can be renewed only upon payment of penalty in the form of a registration fee, or upon receipt of a signed statement that no nursery stock was sold from the first day of the license period to the date regular fee was paid.

The MINIMUM FEE FOR LICENSE is $125. It is required for each branch sales yard, store or sales location which is owned and operated in the state. A location where nursery stock is grown or assembled for distribution directly to customers is a branch sales yard, store or sales location and requires an additional license.

In addition, an ACREAGE FEE is required for land in excess of one acre used in the production, storage or sale of nursery stock. The acreage fee established by the Secretary may not be less than $75 or more than $900. In calculating the acreage fee, the total acreage of all branch sales and growing-grounds shall be used. The acreage fee does not apply to those licensees whose gross income from the production of cut flowers and cut ornamentals is 75 percent or greater of the gross income of their nursery.

Extracts from Food and Agricultural Code

Definitions and General Provisions

38. "Person" means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not.

44. "Sell" includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.

5005. "Nursery stock" means any plant for planting, propagation, or ornamentation.

5006. "Pest" means any of the following things that is, or is liable to be, dangerous or detrimental to the agricultural industry of the state:

Any infectious, transmissible, or contagious disease of any plant, or any disorder of any plant which manifests symptoms or behavior which the director, after investigation and hearing, finds and determines is characteristic of an infectious, transmissible, or contagious disease.
Any form of animal life.
Any form of vegetable life.

5007. "Plant" includes any part of a plant, tree, plant product, shrub, vine, fruit, vegetable, seed, bulkb, stolon, tuber, corm, pip, uctting, scion, bud, graft, or fruit pit.

5008. "Shipment" means any article or thing which is, may be, or has been transported from one place to another place.

5009. "Horticultural product" means those products as stated in Group Number 18 of the Standard Industrial Classification Manual which are grown under cover or outdoors, including bulbs, flowers, shrubbery, florist greens, fruit stock, floral products, nursery stock, ornamental plants, potted plants, roses, seed, sod, fruits, food crops grown in greenhouses, vegetables, and horticultural specialties not otherwise specified.

5010. Agricultural or farm products include any horticultural product.

53303. "Decorative plants" means indoor plants which are commonly grown and sold in movable containers, and which are not adapted for cultivaiton out of doors because of climatic conditions and natural peculiarities of habit or growth and because of the purpose of their cultivation.

Part 3; Chapter 1. Nurser Stock - Licenses

Article 1. General Provisions

6701. The director may publish in pamphlet form, as often as he deems necessary, a list of all persons that are licensed pursuant to this chapter. The pamphlet may also contain such additional information as the director deems advisable concerning the enforcement of laws and regulations which pertain to nursery stock.

Article 2. Issuance and Renewal of Licenses

6721. It is unlawful, for any perosn, except a person who is expressly exempt pursuant to Section 6742 or 6743, to sell any nursery stock unless such person holds a valid license which is issued puruant to this chapter.

6722. Except as provided in Section 6761, the director, upon receipt of the total license fee which is established pursuant to Section 6723, shall issue a license to sell nursery stock for the appropriate period as established pursuant to Section 6724 to any person that sells or seeks to sell plants, as defined in Section 5007, for planting, propagation, or ornamentation. Plants for ornamentation shall include cut flowers and cut greens. The applicant shall further satisfy the director of his character and good faith in seeking to carry on the business of selling nursery stock.

6723.

The secretary shall establish the minimum license fee at an amount not to exceed one hundred eighty dollars ($180).
The secretary may fix the minimum license fee at an amount that is less than one hundred eighty dollars ($180) and may adjust the license fee if, after investigation and due notice, the secretary finds that the cost of administering this division and Chapter 5 (commencing with Section 53301) of Division 18, which relate to nursery stock, can be defrayed from revenues derived from the license fee in combination with those sums as provided by Sections 435 and 5822.
Both of the following amounts shall be added as an additional license fee to the license fee established pursuant to subdivisions (a) and (b). (1) An equal sum for each branch salesyard, store, or sales location which is owned and operated by the applicant in the state. (2) (A) An acreage fee in an amount to be established by the secretary for land used in the production, storage, or sale of all nursery stock, except as provided in subparagraph (B), in excess of one acre, which the secretary determines is necessary to carry out this part and any portion of this code which relates to nursery stock. The total acreage fee shall not be less than twenty-five dollars ($25) nor more than nine hundred dollars ($900) for each licensee. The acreage fee shall be calculated using as a basis the total of the acreage at all locations where nursery stock is produced, stored, or sold. (B) Subparagraph (A) does not apply to those licensees whose gross income from the production of cut flowers and cut ornamentals is 75 percent or greater of the gross income of their nursery.
As to all the fees, the secretary may require payment of prorated amounts when necessary in the issuance of new licenses for branche salesyards, stores, or sales locations to persons already licensed pursuant to the licensing periods established in Section 6724.

6724. There shall be four licensing periods as follows: January through December, April through March, July through June, and October through September. The fees for the renewal of the license for the foregoing periods shall be paid by the 1st day of the first month of the licensee's license period. If the renewal license fee is not paid prior to the 11th day of the first month of the licensee's license period, for the 12-month period ensuing, the license to sell nursery stock is forfeited.

6725. Any person whose license to sell nursery stock has been forfeited shall not be issued a renewal license except upon written applicaiton to the department.

6726. Except as otherwise provided in Section 6727, the application for renewal of a license shall be accompanied by the following sums:

If no part of the minimum license fee has been paid, a sum which is equal to the minimum license fee and a restoration fee in an amount that is equal to the minimum license fee.
If a part of the minimum license fee has been paid, an amount which is a sum equal to any portion of the minimum license fee which is unpaid on the 11th day of the first month of the licensee's license period and a restoration fee in an amount which is equal to the unpaid portion of the minimum license fee.

6727. No restoration fee is required of any person whose applicaiton for renewal of a license is accompanied by his signed statement that prior to the date of his application and payment of the minimum license fee he has not sold any nursery stock during any part of the license period for which he applies for renewal of the license. The director also may accept, at his direciton, the licensee's affidavit that the minimum license fee was not paid within the time limits specified in Section 6724 for reasons beyond the licensee's control.

6728. The director shall not refund more than one-half of the minimum license fee to any person who applies for a license to sell nursery stock and who later decides not to engage inthe sale of nursery stock. No portion of the minimum license fee shall be refunded to any person who is denied a license pursuant to Section 6761.

Article 3. Exemptions

6741. A person is not required to pay any license fee if all of the following facts exist:

His sales of plants amount to less than one thousand dollars ($1000) within any one fiscal year.
He has reported to the commissioner his intention to make such sales.
All plants which are sold by him are of his own production, and are sold for planting within the county in which the plants were grown.

6742. Any person that sells seeds and does not sell or ship any other kinds of nursery stock is exempt from the license requirements of this chapter.

6743. Any retail florist or other person that sells plants at retail for indoor decorative purposes only is exempt as to such plants from the license requirements of this chapter.

6744. Any person that sells cut Christmas trees is exempt from the license requirements of this chapter.

Article 4. Refusal, Revocation and Suspension

6761. The director, after investigation and hearing, may refuse to issue or renew a license, or may suspend or revoke a license, if he determines that the licensee or the applicant has done any of the following:

Has willfully refused to comply with the laws and regulations relative to nursery stock, or to any pest which might be carried by nursery stock.
Was intentionally guilty of fraud or deception in the procurement of the license.
Has been guilty of fraud or misrepresentation in the handling or sale of nursery stock.
Has failed to maintain nursery stock produced or sold by him in accordance with the standards of cleanliness which are prescribed by the director.
Has failed to comply with any lawful order which is issued by the director or commissioner.

6762. Any proceedings shall be conducted in accordance with Chapter 5 (commencing with Seciton 11500), Part 1, Division 3, Title 2 of the Government Code. The Secretary shall have all the powers which are granted in such chapter.

NIPM Item #2.1

Transcription of the form:

Application for License to Sell Nursery Stock

State of California, Department of Food and Agriculture
Pest Exclusion/Nursery, Seed and Cotton Programs
64-029 (Rev. 5/07)

Departmental Use Only
Lic. NO.
Temp. Lic.
Annual Lic.

New
Renewal
Previous License #
Branch
Change of Ownership
Change of Address Only
Growing Ground Addition
Change of Name Only

Please print or type information in speaces where indicated. Complete All sections.

Firm Name or DBA & Mailing Address (as it will appear on your license:

Sales Location (give specific address, not P.O. Box)
County
City
Zip
Contact Person
Telephone
Fax
Email Address
# of acres for this location

Part I

Calculate Your Fees Here

1. Basic License Fee

1a. $125.00

2. Acreage Fee: Required for land in excess of one tenth acre used in the production, sale or storage of nursery stock (Include growing grounds acreage from reverse side in this calculation)

List total # acres to assist in calculating the fee

0-1.0 acres $0
1.01-5.0 acres $100
5.01-20.0 acres $250
20.01-50.0 acres $400
50.01-200.0 acres $600
200.01-500.0 acres $800
500.0- + acres $900
List total # acres

Acreage Fee Exemption*: If greater than 75% of your nursery's gross income comes from sales of cut flowers/cut ornamentals, you do not need to ay the acreage fee. Check box 2a and enter zerio fees in box 2b. List total # acres in box to right (examples: 0.25, 1.5, 12)

2a. Please check this box if you quality for the acreage fee exemption AND enter zero fees in box 2b below

2b. Calculate your acreage fees due and enter amount here (Do not include fractions of an acre in calculations.)

3. Total Fees Due (Add total of 1a and 2b and enter in 3a)

3a. Total Due

Send this application along with check or money order payable to: "CDFA-1.40.40" and mail to:

Cashier
California Department of Food and Agriculture
1220 N Street
Sacramento, California 95814

Note: Allow six to eight weeks for license processing.

Part II Type of Business

(Check one or more and answer questions below. See reverse for business descriptions)

Cut Flowers/Cut Ornamentals
Jobber/Broker/Commission Merchant
Producer
Incidental Retailers
Landscaper
Retailer

Do you have growing grounds? Yes No
If yes, please fill in Part IV on reverse side.

Do you intend to sell at Farmers' Markets? Yes No
If yes, please fill in Part V on reverse side.

Part III Type of Nursery Stock

(Check as many as applicable. Commercial producers must complete this section)

1. Coniferous evergreens
2. Broad-leaved evergreens
3. Deciduous shade trees
4. Deciduous shrubs
5. Rose plants
6. Herbaceous ornamental annuals and perennials and aquatics
7. Bulbs, corms, rhizomes, etc.
8. Decorative plants, foliage or florist's potted plants, including orchids
9. Cacti and succulents
A. Deciuous fruit & nut trees**(see reverse)
B. Grapevine and kiwi plants**(see reverse)
C. Citrus trees**(see reverse)
D. Other subtropical & tropical fruit trees, including avocado
E. Strawberry, bushberry, etc.
F. Vegetable plants
G. Sod (turfgrass)
H. Ground covers
J. Palms

I hereby certify that the information submitted in this application is true and correct to the best of my kowledge and belief.

Signature of authorized representative, Official Title, Date

Part IV Growing Grounds

(List locations where nursery stock is grown but neither sold nor delivered directly to customers)

Address (Location)
City
Zip Code
County
# Acres

Part V Farmers' Markets

(List locations where you will be selling your stock)

Address (description of location ok)
City
County

Type of Business Description

Cut Flowers/Cut Ornamentals - Wholesale sales only

Incidental Retailers - An operator of a retail sales outlet for nursery stock, which is handled incidental to other merchandise

Jobber/Broker/Commission Merchant - A dealer, not a producer, who buys and resells nursery stock at wholesale

Landscaper - A landscape contractor who maintains a sales yard or holding yard for the nursery stock handled

Producer - A commercial producer who grows and sells a total of $1,000 or more of nursery stock in one year

Retailer - An operator of a retail sales outlet which has no growing grounds except small areas devoted to the production of plants for local distribution and those producing less than $1,000

*Acreage Fee Exemption

A change in the law, effective January 1, 2000, exempts licensees from paying acreage fees if their gross income from the production of cut flowers and/or cut ornamentals is 75% or greater of their gross income for their nursery. If qualified for this exemption, licensees must still list total acreage on the front page; however, in the adjacent acreage fee block, please enter zero fees.

**Assessments for Citrus, Fruit or Nut Trees and Grapevines

If a producer nursery grows and sells citrus trees, deciuous pome and stone fruit trees or grapevine nursery stock during the past fiscal year, it may owne an assessment. Sections 6971-6979 and 6981-6989 of the California Food and Agricultural Code established an annual assessment to be collected from producers of citrus trees, deciduous pome and stone fruit trees, nut trees and grapevine nursery stock. The assessment is 1% of the gross sales made in the producer's most recently completed fiscal year. Some exceptions may apply. The law does not allow the License to Sell Nursery Stock to be renewed until assessment fees are paid.

Alternative Formats

This application can be made in alternative formats for visual or hearing impaired individuals. Please allow 7-10 working days for production of the alternative format. Requests for an alternative format may be directed to the address and telephone number below.

Time Periods

The Department of Food and Agriculture has established time periods for the processing of permit applications, in compliance with Government Code Section 15374-15378. Failure to comply with these time periods may be appealed to the Secretary of Food and Agriculture, 1220 N Street, Sacramento, CA 95814, pursuant to Regulations set forth in Title 3, California Code of Regulations, Section 301. Under certain circumstances, the Secretary may order that the applicant receive a reimbursement of filing fees.

If you have additional questions, please contact:

Pest Exclusion Branch
Nursery, Seed and Cotton Program
1220 N Street, Room A-372
Sacramento, CA 95814
(916) 654-0435
Fax: (916) 651-1207

Sample License

State of California
Arnold Schwarzenegger, Governor
Department of Food and Agriculture
1220 N Street, Room A-372
Sacramento, CA 95814
(916) 654-0435

XYZ Nursery
1234 N Street
Golden City CA 92345

State of California
Department of Food and Agriculture
1220 N Street
Sacramento, California 95814
Wallet Identification Card
This certifies that the person whose signature appears hereon holds license to sell nursery stock number A0000.001 and said license has been renewed for the period ending 12/31/01
Signature

State of California
Department of Food and Agriculture
1220 N Street
916.654.0435
Sacramento, California 95814
License to Sell Nursery Stock

License Number
A0000.001
This License Expires
De. 31, 2001
License Fee $100.00
Acreage Fee $0.00
XYZ Nursery
1234 N Street
Golden City, CA 92345
Signature
Riverside County
Post this license prominently in public view
64-033 (Rev. 5-00) This license is not transferable - any change in ownership requires a new license

NIPM Item #2.5

Transcription of the form:

Nursery License Renewal Periods & Procedures
	A	B	C	D
License Periods: (Four quarters)	Jan. 1 to Dec. 31	Apr. 1 to Mar. 31	July 1 to Jun. 30	Oct. 1 to Sept. 31
Renewal Letters Sent: (one month before License expiration)	Dec. 1	Mar. 1	Jun. 1	Sept. 1
Time to Respond: (includes 10 days grace period)	Jan. 10	Apr. 10	July 10	Oct. 10
Failure to pay license renewal fees before the 11th day of the first month of the licensee's license period forfeits the license. Then, a restoration fee in addition to the regular fees becomes necessary unless a statement of nonsale of nursery stock is made by the licensee.
Delinquent Notices Sent: (to nurseries)	Feb. 10	May 10	Aug 10	Nov. 10
List of Delinquent Nurseries Sent to County Ag. Comm. Office: (end of the month)	Feb. 28	May 31	Aug. 31	Nov. 30
	Agricultural Commissioner's Office investigates & enforces the regulations
It is unlawful to sell any nursery stock without an annual license from the Secretary. A new application for a new license is required at the time of ownership change. Applications are available at the County Agricultural Commissioner's Office or at The Nursery, Seed, and Cotton Program, Pest Exclusion Branch, Sacramento

Revised 8/22/01

NIPM Item #3

Regulation for Nursery and Seed Inspection

Any person producing and/or selling nursery stock is required to comply with the standard of cleanliness and other requirements of this article. California Nursery Stock Certificates may be issued by the Commissioner or the Department for use on shipments of nursery stock, including seed, by any shipper complying with the requirements of this article. Shipments bearing valid certificates may move to counties without being held for inspection at destination. Speicif County requirements and quarantine regulations may restrict movement of some kinds of nursery stock from certain areas.

3060. Nursery and Seed Inspection: Definitions.

The following definitions, (also stated in Sections 25-49 and 5001-5008 of the Food and Agricultural Code) apply to this article.

"Qualified nursery and seed inspector" means a representative of the County Agricultural Commissioner who:
1. Possesses a State certificate of qualification in Nursery and Seed Regulation and Plant Quarantine and Pest Detection, or
2. A member of a Commissioner's staff possessing required experience and education, studying for State certification, and working under the supervision of a qualified nursery and seed inspector.
"Noxious weed seed" is as defined in Section 52256 of the Food and Agricultural Code.
"Turf" means field cultivated turfgrass sod consisting of grass varieties, or blends of grass varieties, and Dichondra for use in residential and commercial landscapes.

3060.1 Inspection of Nurseries.

Each Commissioner shall inspect nursery stock, other than seed, whcih is being grown or sold as often as is required to assure compliance with pest cleanliness.

3060.2 Standard of Cleanliness.

Any person selling, handling or growing nursery stock, other than seed, produced, held or offered for sale, shall maintain the following standard of cleanliness of nursery stock in his possession.

All nursery stock shall be kept 'commerically' clean with respect to established pests of general distribution. Commercially clean shall mean that pests are under effective control, are present only to a light degree, and that only a few of the plants in any lot or block of nursery stock or on the premises show any infestation or infection, and of these none show more than a few individuals of any insect, animal or weed pests, or more than a few individual infestations of any plant disease.
All nursery stock be kept free of:
1. pests of limited distribution including pests of major economic importance which are widely, but not generally distributed, except as provided in Section 3060.4(a)(1)(C) below; and
2. pests not known to be established in the state. Included in the meaning of this paragraph is that turf shall be kept free of noxious weeds.
Where the Commissioner or Secretary determines that a history of weed pest problems exists, turf shall be grown on soil treated with methyl bromide in accordance with treatment and handling procedures approved by the Department. Weed pests established in and around the growing grounds shall be controlled to a point tha they are not likely to infest the growing turf. In addition, the Commissioner or Secretary may require clean fallowing, trap cropping, or other cultural controls as may be necessary to assured the pest cleanliness of the turn when shipped.

3060.4 Enforcement.

The Commissioner shall keep records of inspections made and of orders issued to enforce this article.
1. Inspections of the growing grounds, storage yards, and sales places of nursery stock, other than seed, shall be performed by a qualified nursery and seed inspector who shall make a sufficient examinaiton of all varieties and all lots or blocks of nursery stock and all established plants, appliances, and other things thereon as may be necessary to determine compliance with this article.
  1. The inspection shall be substantiated by the filing with the Commissioner of a report of such inspection showing the names of pests and infested or infected host plants and their location in the nursery, and the disposition of all blocks of stock found infested or infected to a degree greater than the minimum requirements of this article.
  2. The Commissioner or the Secretary may require by a written order that any nursery stock found infested or infected with a pest shall be isolated or safely delimited in a manner approved by the Commissioner or the Secretary, and may specify that the pest shall be controlled or eradicated, or that the infested or infected plants shall be disposed of in a manner satisfactory to the Commissioner or the Secretary within a reasonable specified length of time.
  3. The Secretary may permit nursery stock which may be infested with pests, subject to quarantine regulations or Section 3060.2(b)(1), to be sold for planting or for resale for planting, within the area under quarantine or area infested with a specified pest, where the nursery stock is offered for sale, provided that:
    1. a quarantine or other pest shall not be eligible for movement as described in this section unless it has been so designated herein by the Secretary (the Secretary has designated Homalodisca coagulata, glassy-winged sharpshooter, as eligible for movement as described in this section); and
    2. the nursery stock is moved between points within the area under quarantine or within the area infested with the specified pest and involves no movement outside thereof; and
    3. the pest is not under eradication in the quarantine or infested area; and
    4. movement of the nursery stock is not specifically prohibited by the quarantine regulation or local ordinance; and
    5. the nursery stock is commercially clean.
  4. Nursery stock which does not meet the standards of cleanliness prescribed in Section 3060.2 shall not be sold except as provided in (C) above or under a written agreement between the buyer and seller which discloses the following:
    1. failure to comply with the standards of cleanliness;
    2. affirmation of the buyer's agreement to purchase the stock on an "as is" basis; and
    3. is a written agreement by the destination department of agriculture that the stock is for planting by the buyer or for resale at retail for non-farm use in the destination county or state.
2. Inspection of seed for the purpose of issuing nursery stock certificates shall be in accordance with the methods prescribed for official sampling and examination of seed for noxious weed seed under the California Seed Law. Sampling and examination shall be performed by a qualified nursery and seed inspector or by a seed botanist of the Department. The inspection is to be substantiated by the filing with the Commissioner of a report by the inspector for each six-month period showing that the shipper has complied with this article.
Notification.
1. When an application to sell nursery stock is receive from a person not previously licensed at the location involved, the Secretary shall notify the Commissioner allowing 15 days for the Commissioner to make whatever recommendations he deems appropriate regarding the issuance of the license.
2. Upon receipt of notice from the Commissioner that a licensee or applicant for a license has failed to comply with the standard of cleanliness set forth herein or has failed to comply with a written order issued by the Commissioner, the Secretary will take appropriate action against the application or license involved.
3. The Commissioner shall notify the Secretary of the issuance, suspension, or revocation of nursery stock certificates to any shipper.
4. The Commissioner shall notify the Secretary when a shipment of nursery stock from within the State is found infested or infected with a pest in violation of the standard of cleanliness herein established.
Suspension. The use of nursery stock certificates shall be suspended, as to all nursery stock, other than seed, or as to infested or infected and exposed host plants:
1. Upon finding in the nursery any new pest, determined by the Secretary to be of serious importance to agriculture or pending such determination, until isolation, clean up, or eradication in a manner approved by the Secretary is complied with; or
2. Upon finding in the nursery any pest that is required by this article to be kept under intensive control until either
  1. All hosts or carriers likely to be infested or infected are prohibited movement by a written hold order or
  2. Adequate precautions or intensive control measures have been applied which will assure the pest cleanliness of hosts or carriers when shipped; or
3. Upon finding in the nursery an infestation or infection or any established pest of general distribution in a degree greater than commercially clean, until such infestation or infection is controlled to the satisfaction of the Commissioner of Secretary.
Revocation. Nursery stock certificates shall be revoked:
1. As to nursery stock, other than seed, upon repeated findings within the preceding twelve months that the shipper has failed to maintain the prescribed standard of cleanliness herein prescribed.
2. As to nursery stock, including seed, upon finding that the shipper has violated any law or regulation pertaining to nursery stock, including seed, or the requirements of this article.
Refusal. Issuance of nursery stock certificates may be refused if during the preceding twelve months:
1. An authorization to use nursery stock certificates has been revoked; or
2. The shipper has failed or refused to comply with any law or regulation pertaining to nursery stock or pests; or
3. Conditions in or around the nursery have exposed nursery stock to infestation by pests, including weed seeds, and for which adequate precautions or control measures cannot be or have not been applied.

NIPM Item #3.1

Nursery Stock Certificate Authorization

Suggested Procedures

Issuance. Complete Form No. 64-079 to authorize use of the California Nursery Stock Certificate hereinafter referred to as "the Certificate". The procedures to complete the Form are:
1. Assign certificate number. The certificate number for firms licensed to sell nursery stock is the letter designation plus the first four digits of their permanent license number. The license number is shown on your file copy of, "Application for LIcense to Sell Nursery Stock", and on the "County Nursery Acres Listing" report.
  1. For firms not required to have a license, a number will be assigned by the commissioner using the official county number, followed by a hyphen and numerical sequence number. For example, Alameda County should have certificate numbers denoted as 01-1, 01-2, 01-3, etc., and Los Angels County should have certificate numbers denoted as 19-1, 19-2, 19-3, etc.
  2. For certificates (Exclusion and Detection Form #66-119) affixed by the commissioner on noncommercial shipments, the number would be the official county number followed by a hyphen and a zero. For example: Merced County should have certificate numbers denoted as No. 24-0 and Glenn County should have numbers denoted as No. 11-0. These certificates should not be used on commercial shipments.
2. Fill in the spaces with required information.
  1. Upper left - firm name and mailing address.
  2. Upper right - sales, handling and growing ground locations within the county requiring the use of the Certificate. Use another sheet if necessary to list any additional licensed sales locations in the county.
  3. Certificate number should be shown in the space provided at the top and also in the facsimile of the certificate format.
  4. Issued by - in the facsimile of the certificate format, in the line space "Issued by:" enter the county name followed by the words Agricultural Commissioner. Section 3060.5 of Nursery Inspection Regulations does not provide for the use of a personal name. Note: When a firm has locatons in two or more counties from which nursery stock is shipped, the nursery may, with agreement by the commissioners of the counties involved, use facsimile of the certificate of the county in which the nursery firm headquarters is located.
  5. Date and Signed - the County Agricultural Commissioner or his authorized representative must sign his/her personal name. If the authorized representative is signing the certificate, ther personal name of the commissioner should be typed in the area below the signature line.
Certificate Format. The format of the approved certificate should be essentially as that shown on Form No. 64-079 (NIPM Item #3.2). The background color and the size and color of the print may vary as long as there is sufficient contrast and the print is legible. The map of the State of California, which appears in the center of the certificate, may be made as an unshaded outline or as a shaded watermark. However, the use of the white and green color format of Exclusion and Detection Form #66-119 should be required only of those firms using the Postal Service or United Parcel Services.
Distribution of the nursery stock certificates authorization (Form #64-079) will be as follows:
1. Original - to firm or person authorized, together with a transmittal letter on county letterhead (Nursery Inspection Procedures Manual Item #3.4).
2. Photocopy - to County Agricultrual Commissioner.
3. Photocopy - to Nursery, Seed, and Cotton Program.
4. Photocopy - to other counties where a nursery has branches or growing locations covered by the authorization. (see Note under Issuance in part A.2.d.)
Revocation of Authorization. A letter revoking any previously issued authorization to use nursery stock certificates should be sent to (1) the owner of a firm reported out of business or (2) the previous owner where there is a change of ownership and new license is issued. A copy of all such notices should be sent to Nursery, See, and Cotton Program.
Filing with Other States. Q.C. Circular No. 102 lists states that require filing of certificate authorizations and outines the procedure.

3060.5 Certificates.

Form of Certificates.
1. Nursery stock certificates shall be in essentially the following form:
2. Certificates shall bear an identification number issued or authorized by the Commissioner.
3. A Commissioner may either issue certificates or authorize a shipper to reproduce a facsimile of the nursery stock certificate in the form and manner approved by the Commissioner. Such certificates shall be reproduced in a legible and conspicuous manner.
Use of Certificates.
1. No nursery stock certificate shall be used:
  1. On any shipment of nursery stock, other than see, any portion of which was grown by a nursery not eligible to use nursery stock certificates, unless such portion of the shipment is duly inspected and found to meet the minimum requirements for pests set forth herein;
  2. By any person other than the shipper to whom issued;
  3. On any shipment of nursery stock for which movement from certain areas is restricted by specific California quarantine regulations unless accompanied by the required quarantine certificate or permit;
  4. On any shipment into any county where such movement is retstricted by a requirement of the Commissioner of the county of destination pursuant to Sections 6505 and 6961 of the Food and Agricultural Code;
  5. On any shipment of plants not in compliance with the minimum standards of cleanliness prescribed in this article.
2. The Commissioner may affix a nursery stock certificate on a noncommercial shipment of plants which the commissioner inspects and finds to meet the requirements of this article.

3060.6. Requirements of Shippers of Nursery Stock Removed From Established Plantings.

Nursery stock also includes trees, shrubs, or other plants which are removed from established farm or landscape plantings or from their native habitat for planting, propagation, or ornamentation. A license to sell nursery stock is required for sale of such nursery stock.
Such nursery stock shall not be moved unless accompanied by a shipping permit issued by the Commissioner, or a nursery stock certificate if all condiitons for its issuance have been met. Nursery stock found not in compliance with the standard of cleanliness, or for which an adequate inspection cannot be made, or on a property infested with a pest described in paragraph (b) of Section 3060.2, shall be placed under hold order until brought into compliance or adequately inspected, unless movement of such stock is permitted only under restriction with the knowledge of the Commissioner at point of destination and the person receiving the stock. The Commissioner shall notify the Secretary when finding nursery stock has been moved in violation of this article.

NIPM Item #3.2

64-079 (Rev. 6/01)

Transcription of the form:

Nursery, Seed, and Cotton Program
Plant Health and Pest Prevention Services
1220 N Street, Room A-372, Sacramento, CA 95814

California Nursery Stock Certificate

The use of this certificate and reproductions thereof is subject to continued compliance with the requirements of the Food and Agricultural Code and regulations of the Department of Food and Agriculture pertaining to the sale and handling of nursery stock.

This certificate may be reproduced in the following form to accompany shipments of nursery stock moved within or from California.

Nursery stock on the premises shown on this certificate, or which is obtained from other sources, is required by law to be maintained free from especially injurious plant pests and disease syptoms, or to be treated in an approved manner to insure freedom from pests prior to sale or shipment.

This certificate and authorization to use California Nursery Stock Certificates is issued concurrently with the annual License to Sell Nursery Stock or as provided by law and is subject to revocation or suspension in accordance with the provisions of the Food and Agricultural Code. The certficate is not transferable either as to location or ownership. The certificate may be reproduced and filed with other States where required as a condition of shipment.

Date Issued:

Signed:

NIPM Item #4

Nursery Inspection

Guidelines and Procedures

Program
1. The "Regulations for Nursery Inspection" authorizes the commissioner to make as many inspections as necessary at any nursery location to ensure compliance with nursery stock pest cleanliness, labeling, and quality standards. The Department contracts with counties require that inspections be made at producing nurseries. In addition, historical compliance with the pest cleanliness standards ("commercially clean" and "free from" pest) factors in determining the appropriate inspection frequency. The statewide goal for compliance with pest cleanliness is 95.
  1. Pest risk is an important factor in determining the frequency of growing season inspections. Generally, Department contracts will indicate that one properly times inspection will be adequate. However, the actual frequency must be based on pest risk factors such as the sales category of the firm (wholesale, retail, incidental, jobber, broker, commission merchant, landscaper, etc.), the host status for the kinds of stock handled, propagative stock sources (local, intrastate, interstate, or foreign), technical expertise, and past record of cooperation and compliance with qurantine requirements.
  2. At least one inspection per day is recommended when fruit and nut tree, grapevine, berry, vegetable plant, kiwi, and other nursery stock for farm planting is being harvested and/or graded. The time devoted by the commission to such inspection is determined by factors such as the number of plants dug and graded daily, disease or pest problems encountered, such as crown gall and nematode infestations, the percent of damaged or defective roots; and proficiency of the graders. Less than one inspection per day may be justified when there are no pest or disease problems, no defective or damaged roots, and established grade are being met.
  3. The frequency and intensity of inspection(s) of cut flowers and cut greens is at the discretion of the commissioner. Inspection(s) should be adequate to validate the use of the California Nursery Stock Certificate by the authorized firms. The primary considerations should be best hazards. Pests such as mites, mealybugs, aphids, leaf miners, pine tip moths, armored and soft scales, may present pest risks but, only rarely are they expected to become major pest-spread hazards.
2. A monthly schedule should be maintained to indicate when pest cleanliness inspection or re-inspection is due. Inspections for pest cleanliness and grades and standards should be performed together. Inspection should be scheduled to correspond with expression of symptoms caused by viruses, viroids, phytoplasmas (mycoplasmas), or other disease agents.
3. At least once or twice a year, notify nurserymen of the requirements for pest cleanliness and grades and standards that must be met when inspections are made. The notices may include a summary of possible regulatory action that will be taken.
4. Files of nurseries due for inspection should be examined for:
  1. Active hold orders or noncompliance notices.
  2. Items pending clean-up that should be added to the nursery inspection report form as special attention items.
  3. Reports of previous finds of serious pests and/or unusual pest conditions that should be considered.
  4. Determining the appropriate inspection method(s) to be employed.
5. Necessary equipment and forms to be assembled include:
  1. Nursery Inpsection Procedures Manual.
  2. Report of Nursery Inspection and Notice of Noncompliance (64-064), and Notice to Hold Commodities on Premises (64-069).
  3. Noncompliance warning tags, pest identification forms.
  4. Insect vials, plastic bags, pocketknife, pen or pencil, etc.
Inspection Procedure
1. General Nursery
  1. Contact the nursery owner or the authorized representative and review inspection procedure.
  2. Unless the suggested statistical inspection procedure outlined in the Nursery Inspection Procedures Manual Item No. 4.1 or another statistical inspection procedure approved by the Director is to be used, examine each lot of nursery stock in a systematic manner to determine compliance with pest cleanliness standards. In grading the degree of pest infestation, male and female, adult, and all other stages of insects should be considered. Do not consider dead or parasitized insects.
  3. Violations should be recorded on the Report of Nursery Inspection form. Infestations not representing violations may be noted at the discretion of the commissioner.
    1. Use common and/or scientific names of the pests found. Examples of common names are greedy scale, Baker's mealybug, greenhouse whitefly, etc. Do not use "scale," "mealybug," whitefly," or other general classifications.
    2. Specimens of all pests found should be submitted for identification unless the inspector is certain of its identity. Pest and host records are essential for effective evaluation of the pest status of the pest submitted, as well as for the diseases they may vector.
  4. Each lot of nursery stock found infested with common pests of general distribution in excess of "commercially clean" standards should be removed from sale by:
    1. Affixing a noncompliance Warning Tag to each infested lot (a string or light twine may be tied around the lot to avoid confusion about how many plants are being held).
    2. If only a few plants are infested, moving the plants to an isolation area is recommended; but, prolonged isolation is discouraged when the value of the nursery stock is not worth the cost of treatment. Note: Common species of aphids, thrips, mites, whiteflies, ants, and weeds, as well as other pests, should be under effective control. The commercially clean definition applies (see F, 2 and 3.).
  5. Pests New to or of Limited Distribution in California. Pests new to or of limited distribution in California require eradication or intensive control and infested lots of nursery stock should be isolated immediately pending treatment. See California Code of Regulations, "Regulation for Nursery Inspection," Sections 3060.2(b) and 3060.4(a)(1)(B). Follow up by:
    1. Affixing a noncompliance Warning Tag to each infested lot.
    2. Issuing a "Notice to Hold Commodities on Premises" and sending a copy of the notice to Pest Exclusion/Nursery Program, Sacramento.
    3. Collecting and submitting specimens to CDFA Plant Pest Diagnostic Laboratory at Sacramento for identification or confirmation of the pest (official records as to distribution, frequency of finds, and hosts are necessary for proper evaluation of pest ratings). Detection of "A" rated pests is followed up, if required, with an "eradication letter" designating the required control procedures.
    4. Determining the origin of the infested lot and whether or not any plants have been sold or shipped. If plants have been shipped, the commissioner in the destinatin county should be notified. If thepest is highly mobile, the county and the state supervisors of nursery inspection should jointly evaluate the need for detection survey. Recommendations for detection survey should be relayed to Pest Exclusion/Nursery Program first by telephone, and later by a memorandum.
2. Turf or Sod
  1. Pest Inspection
    1. Weeds are the major pest problem in turf. Emphasis should be on preventing weed pest problems through control of sources of infestation in adjacent areas and in the growing site itself. Section 3060.2(b)(2) requires fumigation of the site where the commissioner determines that a history of weed pest problem exists (Ref. NIPM items 3). Cultural controls may be permitted if required. The seed lot(s) to be used by the grower must be ensured to be free from weed seeds. Seed lots received without a Nursery Stock Certificate should be inspected for weed pests. In most cases, this will be a quarantine requirement. Water may also serve as a carrier of weed seeds; so, suitable precautions should be taken by the grower to screen out this source.
    2. The timing of inspections is important and should precede harvest enough to allow for pest determination and effective communications of requirements to the grower.
    3. Like other nursery stock, turf must meet either the "commercially clean" or "free of" standard for cleanliness.
      1. Turf must be "commercially clean" with respect to common pests of general distribution in California. However, not all common weed pests are of the same seriousness. The more serious weed pests such as Bermudagrass, Johnsongrass, and other "noxious" weed pests should not be allowed in harvested rolls of turf (Ref. Sections 3060.2(b)(2), California Code of Regulations). Consequently, when such pests are found, the grower should be instructed on the Nursery Stock Notice of noncompliance not to harvest from any infested area. Other common pests such as annual bluegrass, Poa annua, may be present to a light (commercially clean) degree. In the judgment of the enforcing officer, they must be "under effective control." Any crop not indicated as a kind and cultivar component on the label of the seed lot planted should be considered as weed pests. For example, seeds of perennial ryegrass in Kentucky bluegrass seed lot should be considered as weed pests, if the mixture is not correctly labeled as such.
      2. The "free of" standard applies to limited distribution weed pests, such as yellow and purple nutgrass, quackgrass, etc., and are therefore not allowed in turf. They are both "noxious weeds" and "B"-rated pests. However, if the infestation is limited and can be clearly delimited, the grower may be permitted to harvest uninfested portions of the field. The Nursery Stock Notice of noncompliance should instruct the grower of proper disposition.
Completing Inspection
1. The nursery owner or the authorized representative is notified of pests found and advised to follow control methods. If a written order to isolate infested stock is given, the stock shall be isolated in a manner approved by the commissioner; however, isolation should be considered only as a temporary measure pending/during treatment. A reasonable length of time, usually 30 to 60 days, should be specified and allowed for clean-up.
2. Nursery Stock Notice of noncompliance form should be completed by:
  1. Recording the number of lots not in compliance with the pest cleanliness, labeling, and/or quality standards and reporting this total on the Nursery Inspection Report form.
  2. Specifying the length of time permitted for controlling the infestation(s).
3. The nursery woner or the authorized representative must sign the Nursery Stock Notice of noncompliance.
4. A Copy of both the Nursery Stock Notice of noncompliance and Report of Nursery Inspection is given to the nursery owner or the authorized reprsentative.
5. It should be made clear to the nursery owner or the authorized representative that;
  1. Nursery stock to which "warning" tags have been affixed shall not be sold or relocated without permission of the commissioner.
  2. The infestation(s) shall be controlled or eradicated within the time specified on the Nursery Stock Notice of noncompliance.
  3. It is the responsibility of the nursery to notify the commissioner when the infestation has been controlled.
6. The original copy of the Nursery Stock Notice of noncompliance and Report of Nursery Inspection are submitted to the commissioner's office.
7. Nursery inspection program supervisor should review the Report of Nursery Inspection and Nursery Stock Notice of noncompliance to confirm that suggested procedures have been followed and that the nursery stocks or lots listed as not in compliance are checked or circled.
8. Nursery inspection program supervisor obtains the checked or circled list, and a typed summary.
  1. The summary or a photocopy is filed in reinspection file.
  2. Original inspection report and noncompliance notice are stapled together and filed in the nursery file folder.
9. Upon expiration of the time allowed for clean up, or at any earlier date that the nurseryman indicates the infestation(s) has been controlled and the results of his efforts can be determined, the summary or photocopy is returned to the inspector for reinspection. If the nursery owner or the authorized representative requests reinspection before the specified time limit, it should not be for a few lots or even a major portion of the infested lots held. All lots should be in compliance.
Reinspection
1. Inspect all lots of nursery stock held to determine if the infestations have been controlled. Allow sufficient time after treatment so that the pest has been controlled before reinspection.
2. The disposition of each reinspected lot should be shown on the reinspection summary or photocopy under the proper heading. Suggested statements are: "infestation has been reduced to commercially clean," "released," "held and isolated," or "destroyed."
3. Upon completion of reinspection, the original Notice of Noncompliance may be amended or a new Notice of Noncompliance issued to cover any lots that still do not comply.
4. The Inspector(s) should inform his/her supervisor of any noncompliance.
5. Reinspection summary or a photocopy of it should be reviewed by nursery inspection program supervisor and filed along with the original report of nursery inspection.
California Nursery Stock Certificate Authorizations
1. The commissioner may authorize a nursery to reproduce and use facsimiles of the California Nursery Stock Certificate when he/she determines that the nurseryman is in compliance with:
  1. Applicable provisions of the California Food and Agricultural Code and "Regulations for Nursery Inspection."
  2. Nursery stock labeling, grades and standards, and quality laws and regulations.
2. Generally, certificates of authroization are prepared in triplicate (see Nursery Inspection Procedures of Manual Item Nos. 3.1 and 3.2).
  1. The original and both copies are signed by the commissioner.
  2. Original copy is forwarded to the firm or the authorized person, along with a suggested letter of authorization.
  3. The first copy is retained by the commissioner in the respective nursery file.
  4. The second copy is forwarded to Pest Exclusion/Nursery Program.
  5. Additional copies are to be prepared only when authorized as a result of cooperative agreement between the commissioners in counties where a firm has branch locations (see NIPM Item 3.2, A.2.d., "Note"). Send a copy to each county where branches are located.
3. The Pest Exclusion/Nursery Program should be notified when authorization to a nursery has been suspended or revoked and when a change in ownership occurs. A change in ownership requires a new certificate of authorization. Annual authorization is required for those firms shipping into states requiring annual filing of a certificate of inspection (see Q.C. 102).
Regulatory Notes and General Recommendations
1. Separate files should be maintained for each nursery. Reports of nursery inspections, hold orders, noncompliance notices, written orders or statements, pest identification slips, certificate use authorizations, and other paperwork, should be maintained in the files. Retention schedules are usually three to five years, depending upon individual county procedure or policy.
2. "Regulation for Nursery Inspection," Section 3060.2 Standard of Cleanliness, is specific to the nursery stock itself. Pests on the premises, but not infesting nursery stock, are handled under the enforcement provisions of Section 3060.4. Subparagraph (c), Suspension, states that the certificate shall be suspended, as to all nursery stock or as to infested and exposed host plants. Paragraphs (1), (2), and (3) also relate to the handling of pests which are established on the premise, but not necessarily infesting nursery stock.
3. Common Weed Pests in containers should be kept under effective control. The "commercially clean" definition applies. Noxious weed pests on the premises should be kept under effective control to a point that they are not likely to infest nursery stock. If reasonable safeguards are in effect, the the presence of a noxious weed would not preclude the use of origin certificates. Weeds in the ground which hamper inspection or which may harbor insects or other pests should also be subjected to reasonable control. Regulatory practice should be to:
  1. List weed conditions for clean-up under general remarks on the Report of Nusery Inspection form.
  2. Determine the reason for weediness and initiate corrective controls.
4. Changes in business operations of a nursery may affect compliance with laws and regulations. The nursery inspector should be alert to changes in the kinds of stock handled, in management, and in employees in responsible positions.
5. The nurseryman should designate and maintain an isolation area for incoming shipments. The inspector and nurseryman should agree on the location of this are.
6. Each nursery authorized to use the California Nursery Stock Certificate should develop a system for assuring compliance with nursery stock laws, regulations, and quarantine restrictions. Responsible employees handling the billing and shipment should be fully informed of these requirements.
7. For additional information concerning inspection and enforcement procedures for nematode pests of nursery stock, refer to Nursery Inspection Procedures Manual Item Nos. 3, 6, 7, 7.1, 8, and 9.
8. When in doubt on inspection procedures, check with your supervisor or your local Pest Exclusion/Nursery Program representative. They will be glad to assist you.

NIPM Item #4.1

Suggested Statistical Inspection Procedures for Nursery Inspection

The following inspection procedures may be used to perform required inspections of nurseries to determine compliance with pest cleanliness and/or grades and standards requirements.

Perform 100% inspection at nurseries having less than 90 lots and all other nurseries where there have been pest problems.
At nurseries having more than 90 lots and good compliance records use following procedure:
1. Compliance records should be at least 95% for pests.
2. Use the Sampling Table to determine the number of lots to inspect. The number of lots in the nursery should be counted at least once to determine the proper range of lots. Specific lots to be inspected other than selected hosts is determined by the "Sample Interval" shown in the Sampling Table for the respective lot size ranges. "Selected Hosts" that do not come up on the "Sampling Interval" should be inspected as they appear in the inventory. Use the "Report of Nursery Inspection" form to keep a record of the lots that do not comply. If the number of lots that fail to comply with pest cleanliness standards reach the respective "reject" numbers, the whole nursery must be inspected for that factor for which rejection is indicated.

No. of Lots	Sample	Sample Interval
91-150	20	Every 5th Lot
151-280	50	Every 8th Lot
501-1,200	81	Every 8th Lot
1,201-3,200	125	Every 17th Lot
3,201-10,000	200	Every 33rd Lot

NIPM Item #3.3

Shipping Guide

For Nurseries and Seed Firms Using California Nursery Stock Certificates

Intrastate plant quarantine regulations and county rejection practices prohibit or restrict the movement of certain kinds of nursery stock. They thereby limit the use of California Nursery Stock Certificates within California. Certain specific limitations are outlined below; but details should be obtained from your Agricultural Commissioner. Other states' requirements for Certificate filing and for brown garden snail (and other plant feeding snails and slugs) are set forth respectively in Q.C. Circular Numbers 102 and 109. A California Nursery Stock Certificate must accompany each cut flower shipment destined to Texas. (Ref. Q. C. Circular No. 102.)

Do Not Ship Nursery Stock

PALMS of the genus Phoenix are prohibited entry into Imperial, Inyo, and Riverside Counties (Ref. Adm. C. Section 3419).

Do Not Use Nursery Stock Certificates on:

BERMUDA GRASS SEED into Del Norte, San Luis Obispo, Santa Clara, and Siskiyou Counties. Contact your Agricultural Commissioner for details. (Ref. California Plant Quarantine Manual (PQM), County Commissioner's Weed Policy).
CITRUS from Orange, Ventura, and portions of Los Angeles, Riverside, San Bernardino, San Diego and Santa Barbara Counties is restricted. (Ref. Adm. C. Section 3407).
CITRUS into El Dorado, Fresno, Glenn, Imperial, Kern, Madera, Riverside, San Diego, San Luis Obispo, Tulare, and Ventura Counties. (Ref. PQM, p. 504.1).
CITRUS AND GUAVA into Fresno, Glenn, Imperial, Kern, Madera, Riverside (Area east of the range line between R1W and R2W including Beaumont, Banning, Coachella Valley, Desert Center, and Palo Verde Valley), Tulare and San Bernardino County desert areas. (Ref. PQM, p. 508.1).
GRAPEVINES into El Dorado, Glenn, Lake, Mariposa, Mendocino, Napa, Nevada, Placer, and Sonoma Counties. Contact your Agricultural Commissioner for details. (Ref. PQM, p. 503.1 and 506.1).
PEACH AND NECTARINE TREES INTO Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties. Contact your Agricultural Commissioner for details. (Ref. PQM, p. 507.1).
CROP SEED found to be infested with seed of prohibited or restricted noxious or other weed pests ot of common occurrence in or being controlled or eradicated in any destination county. Contact your Agricultural Commissioner for details. (Ref. PQM, p. 107.1).

Do Not Use Nursery Stock Certificates

On shipments containing the following kinds of nursery stock without first obtaining the required quarantine certificate or permit from your Agricultural Commissioner:

APPLE TREES into Contra Costa, El Dorado, Fresno, Kern, Kings, Madera, Merced, Monterey, San Benito, San Joaquin, San Luis Obispo, Santa Cruz, Santa Barbara, Stanislaus, Tulare and Ventura Counties. (Ref. PQM, p. 509.1).
ALMOND, APRICOT, NECTARINE, PEACH, PLUM, AND PRUNE TREES and parts thereof are parts thereof are restricted as to movement from and within Los Angeles, Riverside, San Bernardino, and San Diego Counties. (Ref. Adm. C. Section 3400).
NURSERY STOCK movement from the entire County of Imperial and from portions of Riverside and San Diego Counties is restricted (Ref. Adm. C. Section 3401).

A U.S. Postal Guide or other list of California towns should be used to determine the counties in which destination points are located. The Rand McNally "Standard Reference Map and Guide of California" excellently serves this purpose.

NIPM Item #5

Regulations for Nursery Stock Grades and Standards

3061. Labeling

The following is established as an exception to the individual plant labeling requirement specified in Food and Agricultural Code, Section 53482:

Nursery Stock, when offered for sale, may be labeled as to botanical name, kind or variety or common name at the discretion of the person offering it for sale. If such stock is labeled, it must comply with Section 53481 et seq., Food and Agricultural Code.

3062. Grade-Sizes

General Provisions. Nursery stock, when offered for sale, need not be graded and tagged, at the discretion of the person offering the stock for sale; but if it is graded and tagged, it must meet the requirements of this article. Nursery stock when graded by size shall have a well-developed root system and the canes or top growth shall have proportionate weight and caliper according to grade-size and variety. The number and length of the canes or top-growth specified for each grade-size shall refer to the number and length before such canes or top-growth are cut back or pruned in preparation for sale. Nursery stock which has been cut back or pruned may be compared with other stock of the same class which has not been cut back or pruned, to determine compliance with the grade-size established herein.
Roses. Field-grown, bare-root rose bushes harvested after the second season of root growth shall be labeled with the grade-size on each bundle when sold at wholesale. Rose bushes which do not meet the lowest grade-sizes shall be labeled as "substandard" whenever sold at wholesale.

The grade-sizes hereby established for each classification of rose bushes are minimum sizes and not more than 10 percent of the roses in any lot shall be below the size specificed.

The grade-sizes for each group of bush rose classifications are minimum sizes and not more than ten percent of the roses in any bundle shall be below the size specified. As used in the grade-sizes below, "strong cane" means a cane that is at least 3/16 of an inche in caliper regardless of its length, and is healthy, vigorous, and fully developed so that it is hardened off throughout the specified length for the grade.
1. Tea, Hybrid Tea, Grandiflora, Rugosa Hybrids, Hybrid Perpetuals, Moss, and Climbing Roses.
  1. No. 1 rose bushes shall have at least three strong canes, 16 inches (40.6 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
  2. No. 1-1/2 rose bushes shall have at least two strong canes, 15 inches (38.1 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
  3. No. 2 rose bushes shall have at least two canes one of which shall be a strong cane, 12 inches (30.5 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
2. Floribunda Roses.
  1. No. 1 rose bushes shall have at least three strong canes, 15 inches (38.1 cm) and up, branched not higher than three inches (7.6 cm) above the bud union.
  2. No. 1-1/2 rose bushes shall have at least two strong canes, 14 inches (35.6 cm) and up, branched not higher than three inches (7.6 cm) above the bud union.
  3. No. 2 rose bushes shall have at least two canes one of which shall be a strong cane, 12 inches (30.5 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
3. Polyantha and Low Growing Floribunda Roses.
  1. No. 1 rose bushes shall have at least four canes, 10 inches (25.4 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
  2. No. 2 rose bushes shall have at least two canes eight inches (20.3 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
Deciduous Fruit, Almond, Walnut and Pecan Trees. Grade-sizes are hereby established for the following kinds of nursery stock: almond, apple, apricot, cherry, fig, nectarine, peach, pear, pecan, persimmon, plum, prune, quince and walnut. Whenever these kinds are sold bare root in lots of ten or more of one variety, each bundle shall be labeled with grade-size except that the grade-size shall not be required for flowering ornamental varieties, dwarf trees, multiple bedded trees, dormant budded trees, unbudded rootstocks, or for trees individually packaged for use in the retail trade. The grade-size specified is the lower limit of a range of sizes up to the next highest grade-size specified. Not more than 10 percent of the trees in any bundle shall be less than the lower limit of the size specified and not more than 20 percent shall exceed the upper limit. Trees shall be graded by caliper to be measured two inches above the center of the bud union or,if not budded, two inches above the crown.
1. Yearling trees (two-year-old roots) and older shall be graded in the following sizes:
  1. 1/4 inch (6.4 mm), 5/16 inch (7.9 mm), 3/8 inch (9.5 mm), inch (12.7 mm), 5/8 inch (15.0 mm), 3/4 inch (19.1 mm), and 1 inch (25.4 mm). Grade-sizes less than 1/4 inche shall be graded "substandard". Grade-size larger than 1 inch (25.4 mm) shall be graded and labeled in 1/4 inch (6.4 mm) increments.
2. June buds (one-year-old roots) shall be graded in the following sizes:
  1. 3/16 inch (4.8 mm), 1/4 inch (6.4 mm), 5/16 inch (7.9 mm), 3/8 inch (9.5 mm), inch (12.7 mm), 5/8 inch (15.9 mm), 3/4 inch (19.1 mm), and up. Grade-sizes less than 3/16 inch shall be graded "substandard".
Grapevines. Whenever grapevines are sold bare root in lots of 25 or more of one variety, each bundle shall be labeled with the grade-size. The grade-sizes hereby established are minimum sizes and not more than 10 percent of the vines in a lot shall be below the size specified. In addition to the minimum size specifications established for grapevines, rooted cuttings of grape rootstock varieties shall be graded by length and caliper size of the original cutting: Length of rootstock to be measured from the uppermost node from which the top-growth originates to the basal node where roots develop; caliper size to be measured equidistant between the node from which the top-growth develops and the node immediately below. The following grade-sizes are hereby established.
1. "No. 1 grapevines" shall have a well-matured top-growth at least eight inches (20.3 cm) in length and shall have a well-developed root system originating from the basal node of the original cutting. If such vines have been produced by grafting or budding, the unions thereof shall be complete and sound without surplus callus tissue; no roots or suckers shall proceed from the scion portion, and no suckers shall proceed from the rootstock portion thereof. Rooted cuttings of grape rootstock varieties shall be at least 14 inches (35.6 cm) in length and have a caliper size of at least 1/4 inche (6.4 mm). Grapevines which meet the minimum size specifications for a No. 1 grapevine and in addition have one or more 14-inch (35.6 cm) canes of well-matured top-growth, may be labeled with the grade-size designation, "Jumbo".
2. "No. 2 grapevines" shall have healthy live roots originating from the basal node of the original cutting, and shall have a well-matured top-growth at least four inches (10.2 cm) in length or a total of at least eight inches (20.3 cm) of well-matured top-growth. If such vines were produced by grafting or budding, the unions thereof shall be sound without a prominent surplus of callus tissue. Rooted cuttings of grape rootstock varieties shall be at least 10 inches (25.4 cm) in length and have a caliper size of at least 1/4 inche (6.4 mm).
3. Substandard grapevines are grapevines that have some root and top growth, but which do not otherwise meet the minimum size specifications prescribed herein. Such grapevines shall be labeled "substandard".
Exemptions: All nursery stock requiring grading, as described in this Section, shall be graded as provided except when by written agreement, buyer and seller agree that the nursery stock will be graded after sale by the buyer and before reselling. When a written agreement of this type is made, a copy of such agreement shall be provided upon request to the Deartment of Food and Agriculture or the County Agricultural Commissioner of the county in whcih the nursery stock was produced.

Nursery Stock Minimum Grade-Size Specifications for Grapevine Rootstocks

"Sub-standard" Grade: Grapevines which are of a salable and plant-able quality but fail to meet the minimum size specifications shall be labeled "sub-standard" and not with any other grade-size specification.

3.1—Laws and Regulations

Nursery License Requirements and Other Regulations

Nursery License Requirements

NIPM Item #1

Summary of California Laws and Regulations Pertaining to Nursery Stock

Description of Duties

License

Forfeiture

Fee Exemption

Exemption From License

Refusal

Definitions

Penalty

Authority to Enter Premises

Rules and Regulations

Inspections of Nurseries

Notice to Hold Infested/Infected Materials

Pest Abatement Notice

Infested Premises a Public Nuisance (Sections 5401 through 5405, FAC)

Abatement Cost a Lien (Sections 5421 through 5436, FAC)

Restrictions On Certain Plants

Neglected Plants (Section5551 et. seq., FAC)

Citrus Nursery Stock (Section 3407, CCR)

Weeds (Sections 7201 through 7207, FAC)

Nursery Stock Shipments

Responsibility for Treatment (Section 5021, FAC)

Certification for Shipment (Sections 5101, 5102, and 5201 through 5209, FAC)

Appeal (Section 5103, FAC)

Warning Tag or Notice (Section 6303, FAC)

Nursery Stock Held for Inspection (Sections 6501 through 6506, FAC)

Marking of Shipments (Section 6921, FAC)

Shipping Permit (Section 6922, FAC)

Nursery Stock Certificate (Sections 6921 through 6927, 6961, 6965, and 6968, FAC)

Manifest (Section 6925, FAC)

Disposition of Infested Shipments (Sections 6341 through 6344 & 6521 through 6524, FAC)

Shipments To or Imports From Other States

Intrastate California Plant Quarantines

County Restrictions

Grades and Standards For Nursery Stock

Definitions (Sections 53301 thorugh 53313, FAC)

Regulations (Sections 53391 and 53392, FAC)

Labeling (Sections 53481 through 53483, FAC)

Dead, Dying or Damaged STock Shall Not Be Sold (Sections 53451 and 53452, FAC)

Unlawful Acts (Sections 53511 and 53512, FAC)

Enforcing Officers (Section 53361, FAC)

Warning Tag or Notice (Sections 53421 and 53423, FAC)

Prosecution, Public Nuisance (Sections 53363 and 53561, FAC)

Penalty (Section 53541, FAC)

Special Assessments

Registration and Certification Programs

Avocado Certification (Sections 3030 through 3033, CCR)

Avocado Registration (Sections 3033.1 through 3033.5, CCR)

Citrus Tree Registration and Certification (Sections 3000 through 3004, CCR)

Deciduous Fruit and Nut Trees (Sections 3015 through 3015.5, CCR)

Grapevines (Sections 3024 through 3024.4, CCR)

Nematode Certification (Sections 3055 through 3055.6, and 3640, CCR)

Pome Fruit Trees (Sections 3020 through 3020.5, CCR)

Seed Garlic (Sections 3044 through 3044.6, CCR)

Strawberry Plants (Sections 3049 through 3049.5, CCR)

NIPM Item #2

California License to Sell Nursery Stock

Extracts from Food and Agricultural Code

Definitions and General Provisions

Part 3; Chapter 1. Nurser Stock - Licenses

Article 1. General Provisions

Article 2. Issuance and Renewal of Licenses

Article 3. Exemptions

Article 4. Refusal, Revocation and Suspension

NIPM Item #2.1

Application for License to Sell Nursery Stock

Part I

Part II Type of Business

Part III Type of Nursery Stock

Part IV Growing Grounds

Part V Farmers' Markets

Type of Business Description

*Acreage Fee Exemption

**Assessments for Citrus, Fruit or Nut Trees and Grapevines

Alternative Formats

Time Periods