Section 285.627.3. Minimum indices of vitality.

(1) 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  plant   to live and grow in a form characteristic of  the  species or variety when planted and given reasonable care. In the case of a rose bush,  each stem shall 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. However, a rose bush may be pruned to comply with this specification if at least 1 stem meeting the specification remains and the grade designation, if sold by grade,  is changed accordingly. A packaged rose bush having more than 3 inches  of etiolated growth from a bud shall not be sold or offered for sale.

(2)    Hardy herbaceous biennials or perennials, when in a wilted, rotted, or similar condition indicative of subnormal vitality, shall not   be  sold  or offered for sale.

(3)   Nursery stock in a weakened condition, as evidenced  by  die-back  or desiccation of foliage, or balled stock with broken  or  loose   earthballs, broken manufactured  balls, or root systems of a size  smaller  than established by the American standard for nursery stock, shall not be sold or offered for sale. Packaged nursery stock, potted stock, and nursery stock with manufactured balls shall meet the  root  spread standards established for bare-root stock.

(4)    Nursery stock on display at sales outlets not meeting the foregoing minimum indices of vitality shall be restricted from sale and  shall be removed from public view by the owner or person in charge.

History: 1979 AC.