CHAPTER 5. Nursery Stock Grades and Standards [53301. - 53564.]

Chapter 5 enacted by Stats. 1967, Ch. 15.

§§ 53301–53564 · 38 sections

1. ARTICLE 1. Definitions §§ 53301–53313 · 13 sections

   • § 53301 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 53302 “Advertisement” means any representation which relates to nursery stock, that is disseminated in any manner or by any means, except a representation which is…
   • § 53303 “Decorative plants” means indoor plants which are commonly grown and sold in movable containers, and which are not adapted for cultivation out of doors because…
   • § 53304 “Grade size” means the designation relating to nursery stock which denotes the height, spread, caliper, dimension, condition, quality, age, methods of…
   • § 53305 “Labeling” means all labels, and other written, printed, or graphic representations, in any form whatsoever, which accompanies and pertains to any nursery…
   • § 53306 “Nursery stock” means all kinds of nursery stock except decorative plants and seeds.
   • § 53307 “Ornamental” means any plant which is grown for ornamental purposes, except decorative plants, dormant bulbs, tubers, roots, corms, rhizomes, and pips.
   • § 53308 “Botanical name” means the genus and species, the genus, species, and cultivar name, or the genus and cultivar name given to a plant in accordance with the…
   • § 53309 “Cultivar name” means the cultivated variety name given to a plant in accordance with the International Code of Nomenclature of Cultivated Plants, without…
   • § 53310 “Blend” means a combination of the same kinds of nursery stock.
   • § 53311 “Mixture” means a combination of two or more kinds of nursery stock.
   • § 53312 “Sod” means grassy surface soil nursery stock held together by matted roots of the grass.
   • § 53313 “Turf” means grassy surface soil nursery stock consisting of grass cultivars, mixtures or blends of grass cultivars, and dichondra for use in residential and…
2. ARTICLE 2. General Provisions §§ 53331–53332 · 2 sections

   • § 53331 The Legislature hereby declares that by making any additions to or amendments of this chapter it intends to formulate a system of grades and standards and…
   • § 53332 The Legislature hereby declares that it would have enacted each section, subdivision, sentence, clause, or phrase of this chapter irrespective of the fact that…
3. ARTICLE 3. Enforcement §§ 53361–53363 · 3 sections

   • § 53361 The director and the commissioners of each county of the state, their deputies and inspectors, under the supervision and control of the director, shall enforce…
   • § 53362 For the purpose of carrying out the provisions of this chapter, all enforcing officers may enter upon any public or private premises in order to have access to…
   • § 53363 If the director or the commissioner shall find that any person has violated any provision of this chapter, he may institute proceedings in a court of competent…
4. ARTICLE 4. Regulations §§ 53391–53392 · 2 sections

   • § 53391 The director may adopt regulations which may be necessary to carry into effect the purposes of this chapter and each section of it, and may issue in relation…
   • § 53392 The director by regulations may provide for grade sizes of the different kinds of nursery stock, and may provide that nursery stock shall be labeled with grade…
5. ARTICLE 5. Warning Tags or Notices §§ 53421–53425 · 5 sections

   • § 53421 The director or the commissioner may issue and enforce a written or printed warning tag or notice to the owner or custodian of any lot of nursery stock which…
   • § 53422 It is unlawful for any person to move or otherwise dispose of any lot of nursery stock which is held under a warning tag or notice except with the permission…
   • § 53423 The owner or custodian of nursery stock which is held under a warning tag or notice shall, upon demand, have the right of a hearing before the director or the…
   • § 53424 This article shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this chapter.
   • § 53425 Any decision of the director pursuant to this article is subject to review by any court of competent jurisdiction.
6. ARTICLE 6. Standards §§ 53451–53452 · 2 sections

   • § 53451 Nursery stock which is sold shall comply with all of the following requirements: (a) It shall be living stock and shall not be dead, or in a dying condition.…
   • § 53452 Deciduous fruit and nut trees which are sold shall be free from any of the following defects: (a) Twisted, crossed, frosted, broken, or other defective roots.…
7. ARTICLE 7. Labeling §§ 53481–53484 · 4 sections

   • § 53481 When nursery stock is sold, it shall be labeled plainly and legibly as to the grade size, if so required by regulations, and as to the correct name as follows:…
   • § 53482 In order to identify nursery stock properly, whenever it is shipped, delivered, or transported to any purchaser, each plant shall be individually labeled as to…
   • § 53483 Nursery stock on display for sale at retail may be labeled by a sign on any block of stock of the same kind and species. Turf shall be labeled by a sign…
   • § 53484 This article shall become operative January 1, 1982.
8. ARTICLE 8. Violations §§ 53511–53512 · 2 sections

   • § 53511 It is unlawful for any person to sell, ship, deliver, or transport to any purchaser any nursery stock which is within any of the following: (a) Is not labeled…
   • § 53512 It is unlawful for any person to do any of the following: (a) Detach, alter, deface, or destroy any label, warning tag, or notice which is provided for in this…
9. ARTICLE 9. Penalties § 53541 · 1 section

   • § 53541 The violation of any provision of this chapter is a misdemeanor and punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand…
10. ARTICLE 10. Abatement §§ 53561–53564 · 4 sections

    • § 53561 Any lot of nursery stock which does not comply with the provisions of this chapter is a public nuisance and shall be subject to seizure on complaint of the…
    • § 53562 The district attorney of the county in which any such nuisance is found, at the request of the director or the commissioner, shall maintain, in the name of the…
    • § 53563 If the owner fails to comply with the order of the court within the time specified in the order, the court may order that such nursery stock be forthwith…
    • § 53564 A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case.