Nursery Program

The North Dakota Nursery Program, administered by the North Dakota Department of Agriculture (NDDA), ensures that all nursery stock sold in the state is free from damaging pests and meets certain hardiness and viability standards. Nursery stock is defined as “trees, shrubs, and woody vines and any parts that a capable of propagation or growth except seed.” Only plants intended for outdoor planting are considered nursery stock. North Dakota nursery law is in Century Code 4.1-22 and administrative rules 7-04-02. 

A nursery license is required to sell nursery stock in North Dakota to ensure compliance with state regulations that protect both consumers and the environment. The licensing process helps guarantee that nursery stock is sourced from inspected, certified growers, ensuring the plants are practically free from damaging pests and diseases. Additionally, it supports consumer protection standards by ensuring proper labeling, including plant hardiness and viability, and requires labeling of nonhardy plants. The program helps to prevent North Dakota from becoming a dumping ground for substandard nursery stock.

Any individual, corporation, limited liability company, company, society, association, government agency, or other entity that sells nursery stock must obtain a license This includes garden centers, greenhouses, landscapers, and national multi-chain stores.

You can apply for a nursery license online through the NDDA's website (ole.ndda.nd.gov). A step-by-step guide is available to assist you with the application process. A nursery license carries a $50 annual fee. All nursery licenses expire on December 31^st of each year.

Nursery growers are required to be inspected annually for pests and diseases. Certification of nursery stock is required for it to be offered for sale. Inspections are conducted between May and September, during the period of active growth. A grower may be propagating from seed, cuttings, or smaller sized nursery stock to increase the size for later sale.

Nursery stock at dealer locations is also inspected to verify compliance with federal quarantines, certification requirements, consumer protection standards, and to prevent plant pest introductions. A dealer may also be a grower. Dealer inspections are typically conducted in spring and occasionally in fall or winter. 

The black stem rust quarantine, also known as the Barberry quarantine, prevents the introduction of barberry varieties susceptible to black stem rust (Puccinia graminis) of wheat. The NDDA enforces and monitors compliance with this quarantine.

Violations may result in penalties up to $500 per incident. Repeated violations can lead to the denial of a nursery license. 

Before purchasing nursery stock, consult with a trusted nursery dealer, horticulturist, or local extension agent to select plants that are adapted to North Dakota's climate and soils. The NDDA provides a list of non-hardy trees and shrubs that should be avoided. Non-hardy plants are required to be labeled “non-hardy in North Dakota” to be offered for sale.

You can find more information on the NDDA's Nursery Program page. The page includes details on licensing, inspections, and compliance requirements. The website is https://www.ndda.nd.gov/divisions/plant-industries/nursery-program.