2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-102 - Definitions

As used in this article 26, unless the context otherwise requires:
(1)
"Advertisement" means the attempt by publication, dissemination, solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any property.
(1.5)
(Deleted by amendment, L. 91, p. 151, § 5, effective July 1, 1991.)
(1.7)
"Body politic" means any agency of this state or of the federal government, or any unit of local government, including any county, city, town, school district, local improvement or service district, or special district, or any other governmental unit having authority under the law to tax or impose assessments, including special assessments.
(2)
"Botanical name" means that name used in the binomial system of nomenclature consisting of the genus and the species of a particular plant and, if there be one, the variety name of the species.
(2.5)
"Broker" means:
(a)
When used as a verb, to negotiate the purchase or sale of any plant product on behalf of another person; or
(b)
When used as a noun, a person who negotiates the purchase or sale of any plant product on behalf of another person.
(3)
"Collected nursery stock" means any nursery stock removed from its original native habitat.
(4)
"Collector" means any person who collects nursery stock for sale purposes.
(5)
"Commissioner" means the commissioner of agriculture.
(6)
"Common name" means the name of any plant which is in common and widest use in the state, to designate the kind and variety of a plant.
(7)
"Dead or dying condition" means a condition in which a plant is without living tissue, or is weakened to a point that it is unlikely to grow with reasonable vigor when given reasonable care.
(8)
(Deleted by amendment, L. 91, p. 151, § 5, effective July 1, 1991.)
(9)
"Department" means the department of agriculture.
(9.2)
"Distribute" means, for any commercial purpose, to:
(a)
Sell or give away, offer to sell or give away, display for sale or as a giveaway, or hold either for sale or to give away; or
(b)
Ship, hold for shipment, or deliver or release for shipment.
(9.3)
"Effective control" means, when referring to any pest that is not quarantined pursuant to the "Pest Control Act", article
4
of this title 35, or that is not quarantined pursuant to any comparable federal quarantine law, eliminating or reducing a plant pest, disease, or weed to the point of an acceptable economic or environmental risk.
(9.5)
"Grown within Colorado" means propagated from seed or cuttings or by budding or grafting in Colorado, or grown as a native stand of trees or shrubs or other stock growing on property owned or leased in Colorado by the nursery who intends to collect and sell such stock.
(10)
"Insect pests" means the small invertebrate animal in the phylum anthropoda comprising the class insecta which generally have segmented bodies, are six-legged, and are usually winged, such as beetles, bugs, bees, and flies, including a similar class of arthropods whose members are wingless and generally have more than six legs, such as spiders, mites, ticks, centipedes, and wood lice which are injurious to nursery stock.
(11)
"Landscape contractor" means a person who provides nursery stock for compensation or value as part of a site development or landscaping service.
(11.5)
"National nursery stock cleanliness standard" means a standard for nursery stock that requires that:
(a)
The nursery stock is free of quarantine pests and pests of concern; and
(b)
Any nonquarantine pests are under effective control.
(11.6)
"Noxious weed" means a species of plant that:
(a)
Is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or destructive to agriculture, silviculture, or native species;
(b)
Is difficult to control or eradicate; and
(c)
The commissioner has identified as a prohibited weed by rule adopted in accordance with the "State Administrative Procedure Act", article
4
of title
24
.
(12)
"Nursery" means any grounds or premises on or in which nursery stock is propagated, held, or grown for sale purposes.
(13)
"Nurseryman" means any person owning, leasing, or managing a nursery. All persons engaged in the operation of a nursery are farmers and are engaged in agriculture for all statutory purposes.
(14)
"Nursery stock" means:
(a)
Any hardy plant or herbaceous or woody plant that:
(I)
Survives Colorado winters; and
(II)
Is grown, collected, or kept for propagation, sale, or distribution, including the following:
(A)
A deciduous or evergreen tree;
(B)
A shrub;
(C)
A woody vine;
(D)
Turfgrass sod; and
(E)
Ornamental grass;
(b)
Any nonhardy plant or plant part to be distributed in another state that requires plant inspection and certification before the plant may be transferred into the state; and
(c)
If the commissioner determines that regulating the movement of a plant is necessary to control any insect pest or plant disease, any other plant designated as nursery stock by the commissioner by rule.
(15)
(Deleted by amendment, L. 91, p. 151, § 5, effective July 1, 1991.)
(16)
"Orchard plants" means trees, shrubs, and vines which are grown solely for their fruit or other products.
(17)
"Person" means any firm, partnership, association, corporation, society, individual, or combination of individuals.
(17.5)
"Pest of concern" means a nonquaratine pest that is not known to occur in the state or that has a limited distribution within the state but that has the potential to negatively impact nursery stock health or pose an unacceptable economic or environmental risk were it to be introduced to or proliferate in the state.
(18)
"Place of business" means each separate nursery, store, stand, sales ground, lot, or any location from which nursery stock is being sold, offered for sale, or distributed.
(19)
"Plant diseases" means the pathological condition in nursery stock caused by fungi, bacteria, nematodes, viruses mycoplasmas, or parasitic seed plants.
(19.5)
"Sell" means, for any commercial purpose and with respect to nursery stock, to offer, display, possess, exchange, barter, broker, distribute, or trade.
(20)
"Stop-sale order" means a written order prohibiting the sale of nursery stock.
(21)
"Turfgrass sod" means a strip or section of one or more grasses or other plants acceptable for lawn plantings which, when severed from its growing site, contains sufficient plant roots to remain intact, and does not contain weeds in excess of the amounts specified by the commissioner.
(22)
"Weed" means any plant which grows where not wanted.
Amended by 2018 Ch. 105,§ 2, eff. 8/8/2018.
L. 71: R&RE, p. 143, § 1. C.R.S. 1963: § 6-15-2. L. 83: (1), (11), (19), and (21) amended and (1.5), (1.7), and (22) added, p. 1361, §§ 1, 2, effective July 1. L. 91: (1), (1.5), (5), (7), (8), (10), (12), (15), and (20) amended, p. 151, § 5, effective July 1. L. 96: (9.5) added, p. 373, § 1, effective April 17. L. 2018: IP and (14) amended and (2.5), (9.2), (9.3), (11.5), (11.6), (17.5), and (19.5) added, (HB 18-1246), ch. 105, p. 790, § 2, effective August 8.