4.12.1433    NURSERY RISK CATEGORY

(1) The department will use a risk category system to prioritize nursery inspections. The category system will include high, medium, and low risk nurseries. High risk nurseries may be scheduled for an annual inspection, medium risk nurseries may be scheduled for inspection every two years, and low risk nurseries may be scheduled for inspection every three years.

(2) A low risk nursery is typically a nursery that buys all of its stock from an in-state wholesale nursery and resells the stock in Montana. Expected inspection time is a half hour to two hours. Dependent on a variety of factors, small plant vendors; landscapers who buy from an in-state wholesale nursery who is inspected annually, practice project-based buying, and plant immediately; and florists who sell potted plants are examples of nurseries that might be considered low risk.

(3) A medium risk nursery is typically a nursery that buys only nonregulated nursery stock from a single large out-of-state wholesale nursery that is licensed and inspected annually in its home state and sells stock in Montana. Expected inspection time is between a half hour and three hours.

(4) A high risk nursery is typically a nursery that buys regulated stock from multiple out-of-state nurseries and resells retail and wholesale to customers both in and out of Montana. Inspection time is expected to be between two and eight hours.

(5) The basic category a nursery finds itself in is determined by the Nursery Risk Factors in ARM 4.12.1434 and may go up or down as the factors change.

(6) The amount of time necessary for an inspection is determined both by factors listed in ARM 4.12.1435.

History: 80-7-108, MCA; IMP, 80-7-108, MCA; NEW, 2012 MAR p. 735, Eff. 4/13/12.