Cal. Code Regs. tit. 3 § 3062

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3062 - Grade-Sizes

(a) General Provisions. Nursery stock, when offered for sale, need not be graded and tagged at the discretion of the person offering the stock for sale; but if it is graded and tagged, it must meet the requirements of this article. Nursery stock when graded by size shall have a well-developed root system and the canes or top-growth shall have proportionate weight and caliper according to grade-size and variety. The number and length of the canes or top-growth specified for each grade-size shall refer to the number and length before such canes or top-growth are cut back or pruned in preparation for sale. Nursery stock which has been cut back or pruned may be compared with other stock of the same class which has not been cut back or pruned, to determine compliance with the grade-size established herein.

(b) Roses. Field-grown bare root rose bushes harvested after the second season of root growth shall be labeled with the grade-size on each bundle when sold at wholesale. Rose bushes which do not meet the lowest grade-sizes shall be labeled as "substandard" whenever sold at wholesale.

The grade-sizes hereby established for each classification of rose bushes are minimum sizes and not more than 10 percent of the roses in any lot shall be below the size specified.

(1) Tea, Hybrid Tea, Grandiflora, Rugosa Hybrids, Hybrid Perpetuals, and Moss Roses. No. 1 rose bushes shall have three or more strong canes, 16 inches and up, branched not higher than three inches above the bud union.

No. 1 1/2 rose bushes shall have two or more strong canes, 15 inches and up, branched not higher than three inches above the bud union.

No. 2 rose bushes shall have two or more strong canes, 12 inches and up, branched not higher than three inches above the bud union.

No. 3 rose bushes shall be of good salable and plantable quality.

(2) Floribunda Roses. No. 1 rose bushes shall have three or more strong canes, 15 inches and up, branched not higher than three inches above the bud union.

No. 1 1/2 rose bushes shall have two or more strong canes, 14 inches and up, branched not higher than three inches above the bud union.

No. 2 rose bushes shall be of good salable and plantable quality.

(3) Polyantha and Low Growing Floribunda Roses. No. 1 rose bushes shall have four or more canes, 10 inches and up, branched not higher than three inches above the bud union.

No. ¹¹/₂ rose bushes shall have three or more canes, eight inches and up, branched not higher than three inches above the bud union.

No. 2 rose bushes shall be of good salable and plantable quality.

(4) Climbing Roses. No. 1 rose bushes shall have three or more strong canes, 24 inches and up, branched not higher than three inches above the bud union or crown.

No. 1 1/2 rose bushes shall have two strong canes 18 inches and up, branched not higher than three inches above the bud union or crown.

No. 2 rose bushes shall be of good salable and plantable quality.

Effective September 1, 1985, the grade-sizes for roses shall be as hereafter specified. At the same time, the foregoing grade-sizes for roses shall be void. The grade-sizes for each group of bush rose classifications are minimum sizes and not more than ten percent of the roses in any bundle shall be below the size specified. As used in the grade-sizes below, "strong cane" means a cane that is at least ³/₁₆ of an inch in caliper regardless of its length, and is healthy, vigorous, and fully developed so that it is hardened off throughout the specified length for the grade.

(1) Tea, Hybrid Tea, Grandiflora, Rugosa Hybrids, Hybrid Perpetuals, Moss, and Climbing Roses.

No. 1 rose bushes shall have at least three strong canes, 16 inches (40.6 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.

No. 1 1/2 rose bushes shall have at least two strong canes, 15 inches (38.1 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.

No. 2 rose bushes shall have at least two canes one of which shall be a strong cane, 12 inches (30.5 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.

(2) Floribunda Roses.

No. 1 rose bushes shall have at least three strong canes, 15 inches (38.1 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.

No. 1 1/2 rose bushes shall have at least two strong canes, 14 inches (35.6 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.

No. 2 rose bushes shall have at least two canes one of which shall be a strong cane, 12 inches (30.5 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.

NOTE: Although the grades for floribunda roses are not significantly different from those for the hybrid teas, grandifloras, and others of that group, as applied they normally should be expected to result in the marketing of rose bushes which are, on the average, lighter for this class.

(3) Polyantha and Low Growing Floribunda Roses.

No. 1 rose bushes shall have at least four canes, 10 inches (25.4 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.

No. 1 1/2 rose bushes shall have at least three canes, 8 inches (20.3 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.

No. 2 rose bushes shall have at least two canes, eight inches (20.3 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.

(c) Deciduous Fruit, Almond, Walnut and Pecan Trees. Grade-sizes are hereby established for the following kinds of nursery stock: almond, apple, apricot, cherry, fig, nectarine, peach, pear, pecan, persimmon, plum, prune, quince and walnut. Whenever these kinds are sold bare root in lots of ten or more of one variety, each bundle shall be labeled with the grade-size except that the grade-size shall not be required for flowering ornamental varieties, dwarf trees, multiple budded trees, dormant budded trees, unbudded rootstocks, or for trees individually packaged for use in the retail trade. The grade-size specified is the lower limit of a range of sizes up to the next highest grade-size specified. Not more than 10 percent of the trees in any bundle shall be less than the lower limit of the size specified and not more than 20 percent shall exceed the upper limit. Trees shall be graded by caliper to be measured two inches above the center of the bud union or, if not budded, two inches above the crown.

(1) Yearling trees (two-year-old roots) and older shall be graded in the following sizes:

1/4 inch (6.4 mm), ⁵/₁₆ inch (7.9 mm), 3/8 inch (9.5 mm), 1/2 inch (12.7 mm), 5/8 inch (15.9 mm), 3/4 inch (19.1 mm), 1 inch (25.4 mm). Grade-sizes less than 1/4 inch shall be graded "substandard." Grade-size larger than 1 inch (25.4 mm) shall be graded and labeled in 1/4 inch (6.4 mm) increments.

(2) June buds (one-year-old roots) shall be graded in the following sizes:

³/₁₆ inch (4.8 mm), 1/4 inch (6.4 mm), ⁵/₁₆ inch (7.9 mm), 3/8 inch (9.5 mm), 1/2 inch (12.7 mm), 5/8 inch (15.9 mm), 3/4 inch (19.1 mm) and up. Grade-sizes less than ³/₁₆ inch shall be graded "substandard."

(d) Grapevines. Whenever grapevines are sold bare root in lots of 25 or more of one variety each bundle shall be labeled with the grade-size. The grade-sizes hereby established are minimum sizes and not more than 10 percent of the vines in any lot shall be below the size specified. In addition to the minimum size specifications established for grapevines, rooted cuttings of grape rootstock varieties shall be graded by length and caliper size of the original cutting: length of rootstock to be measured from the uppermost node from which the top-growth originates to the basal node where roots develop; caliper size to be measured equidistant between the node from which the top-growth develops and the node immediately below. The following grade-sizes are hereby established:

(1) No. 1 grapevines shall have a well-matured top-growth at least eight inches (20.3 cm) in length and shall have a well-developed root system originating from the basal node of the original cutting.

If such vines have been produced by grafting or budding, the unions thereof shall be complete and sound without surplus callus tissue; no roots or suckers shall proceed from the scion portion, and no suckers shall proceed from the rootstock portion thereof.

Rooted cuttings of grape rootstock varieties shall be at least 14 inches (35.6 cm) in length and have a caliper size of at least 1/4 inch (6.4 mm).

Grapevines which meet the minimum size specifications for a No. 1 grapevine and in addition have one or more 14-inch (35.6 cm) canes of well-matured top-growth may be labeled with the grade-size designation, "Jumbo."

(2) No. 2 grapevines shall have healthy live roots originating from the basal node of the original cutting and shall have a well-matured top-growth at least four inches (10.2 cm) in length or a total of at least eight inches (20.3 cm) of well-matured top-growth.

If such vines have been produced by grafting or budding, the unions thereof shall be sound without a prominent surplus of callus tissue.

Rooted cuttings of grape rootstock varieties shall be at least 10 inches (25.4 cm) in length and have a caliper size of at least 1/4 inch (6.4 mm).

(3) Substandard grapevines are grapevines that have some root and top growth, but which do not otherwise meet the minimum size specifications prescribed herein. Such grapevines shall be labeled "substandard."

(e) Exemptions. All nursery stock requiring grading as described in this section shall be graded as provided except when by written agreement, buyer and seller agree that the nursery stock will be graded after sale by the buyer and before reselling. When a written agreement of this type is made, a copy of such agreement shall be provided upon request to the Department of Food and Agriculture or the County Agricultural Commissioner of the county in which the nursery stock was produced.

Cal. Code Regs. Tit. 3, § 3062

1. Amendment of subsection (e) filed 1-26-68; designated effective 6-1-68 (Register 68, No. 4). For prior history, see Register 66, No. 29.
2. New subsection (f) filed 10-26-73; effective thirtieth day thereafter (Register 73, No. 43).
3. Amendment filed 9-15-82; effective thirtieth day thereafter (Register 82, No. 38).
4. Amendment of subsection (b) filed 10-7-83; effective thirtieth day thereafter (Register 83, No. 41).
5. Amendment of subsection (b) filed 10-23-84; effective thirtieth day thereafter (Register 84, No. 43).
6. Amendment of subsection (a) filed 8-16-94 as an emergency; operative 8-16-94 (Register 94, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-14-94 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-16-94 order transmitted to OAL 12-14-94 and filed 1-26-95 (Register 95, No. 4).

Note: Authority cited: Sections 407, 53391 and 53392, Food and Agricultural Code. Reference: Sections 53392 and 53481, Food and Agricultural Code.