COLORADO DEPARTMENT OF AGRICUTLURE
Plant Industry Division
Rules Pertaining to the Administration and Enforcement of the Colorado Nursery Act
8 CCR 1203-5
Pursuant to the provisions and requirements of the Colorado Nursery Act to regulate the sale and distribution of nursery stock, and by authority of Title 35, Article 26, Section 111, C.R.S., the following rules, which apply to all nursery stock sold or offered for sale in this state, are hereby promulgated:
PART 10.0	REQUIRED RECORDS
10.1	BUSINESS RECORDS
Any persons engaged in the business of selling nursery stock in this state shall keep records of all shipments of nursery stock imported from outside this state and from quarantined areas within this state. These records shall be kept for a minimum of three years and shall be made available to the Department of Agriculture upon request. Such records shall include the following information:
date stock was received; name and address of business from which stock was purchased; kind and type of nursery stock (including common name, or genus and species names); amount of nursery stock received; container size, tree caliper, tree height, or root ball size; and point of origin inspection document.
12.0	Statements of Basis, Specific Statutory Authority and Purpose
12.18	Adopted February 22, 2018 – Effective April 15, 2018
Statutory Authority
These amendments to the rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under § 35-26-111, C.R.S. of the Colorado Nursery Act (the “Act”).  
The purpose of these proposed rule amendments are as follows:
1.	 Add a recordkeeping requirement for nursery stock purchased from quarantined areas within the state of Colorado.
The factual and policy issues encountered when developing these rules include:
1.	In order to document stock that is moving from quarantined areas of the state and to conduct pest surveillance activities and inspections in the most efficient manner possible, nursery registrants that are importing stock must keep records from any origin so that the Department can review those records as needed.