N.M. Code R. § 21.17.2.16 – Minimum Indices of Vitality

A. Woody stemmed deciduous nursery stock such as fruit and shade trees, rose bushes and flowering shrubs shall have moist, green cambium tissue, in the stem or stems and branches and shall have viable buds or normal green, unwilted growth sufficient to permit the stock to live and grow in a form characteristic of the species when planted and given reasonable care, except that in the cases of rose bushes each stem must show moist, green undamaged cambium in at least the first 8 inches above the graft. Any single stem on a rose bush not meeting this specification shall disqualify the entire plant: provided that a bush may be pruned to comply with the specification of at least one stem meeting the specification remains and the grade designation is changed accordingly, if sold by grade. No green wax or other colored coatings may be used on nursery stock which may conceal harmful insects and diseases or conceal the true condition of plants.
B. Hardy herbaceous biennials or perennials when in a wilted, rotted or any other such condition indicative of subnormal vitality shall not be sold or offered for sale.
C. Any bare-rotted or prepackaged woody-stemmed nursery stock having more than 2 inches of etiolated (non-green) growth from individual buds shall not be sold or offered for sale.
D. Balled and burlapped nursery stock in a weakened condition as evidenced by die-back or dryness of foliage or such stock having broken or loose earthballs or earthballs of a size smaller than established by the American standard for nursery stock shall not be sold or offered for sale.
E. Nursery stock on display at sales outlets not meeting the foregoing minimum indices of vitality shall be destroyed or removed from public view by the owner or person in charge and not offered for sale.
[7/1/97; 21.17.2.16 NMAC - Rn, 21 NMAC 17.2.16, 01/01/09]
HISTORY OF 21.17.2 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:
NMDA Rule 63-2, Care of Nursery Stock in Sales Outlets, filed 11/14/84.
NMDA Rule 72-4, Regulatory Order No. 4, Out of State Nursery, filed 9/19/72.
NMDA Rule 73-4, Regulatory Order No. 3, License Year, filed 5/15/73.
NMDA Rule 73-4 Amendment No. 1, Regulatory Order No. 3, Amended, License Year, filed 8/3/73.
NMDA Rule 80-1, Establishes Requirements for Collection of Plants Growing in the Wild, filed 3/27/80.
NMDA Rules 80-2, Regulatory Order No. 5, Establishes Annual Inspection Fees, Dealer's, Landscaper's and Agent's License Fees, Collected Plants Permit Fees, and Exemptions from Payment of Fees, filed 3/27/80.
NMDA Rule 80-3, Regulatory Order No. 6, filed 3/27/80.
NMDA Rule 85-5, Plant Protection Act Fees, filed 8/7/85.
NMDA Rule 93-11, Plant Protection Act Fees, filed 8/2/93.
NMDA Rule 95-4, Regulation of Collected Plants, filed 11/14/95.
History of Repealed Material: [RESERVED]