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.