The seller at the point of sale is responsible for correct labeling. You may be requested to provide proof the plants have not been treated with a systemic insecticide and your plants may be subject to random sampling and testing to confirm there is no detectable level of systemic insecticide in the plants. If upon receipt of the plants you remove the tags, you would not be advertising that the plants are “beneficial to pollinators” and they would not be subject to testing.
The seller at the point of sale is responsible for correct labeling. You may be requested to provide proof the plants have not been treated with a systemic insecticide and your plants may be subject to random sampling and testing to confirm there is no detectable level of systemic insecticide in the plants. If upon receipt of the plants you remove the tags, you would not be advertising that the plants are “beneficial to pollinators” and they would not be subject to testing.
You can only describe your plant production process such as “we don’t use neonicotinoid chemicals on our plants” or “we are committed to reducing the amount of neonicotinoids and/or systemic insecticides used in the production of our plants.” You cannot make any claims as to plant characteristics such as “free from,” “grown without,” “produced without the use of…” or other plant properties unless the plants are produced under a specific program approved by the commissioner to address the specific plant properties addressed in the special notation claim.
You can only describe your plant production process such as “we don’t use neonicotinoid chemicals on our plants” or “we are committed to reducing the amount of neonicotinoids and/or systemic insecticides used in the production of our plants.” You cannot make any claims as to plant characteristics such as “free from,” “grown without,” “produced without the use of…” or other plant properties unless the plants are produced under a specific program approved by the commissioner to address the specific plant properties addressed in the special notation claim.
Special claims for advertising or labeling plants are regulated by a different part of the Nursery Law: Chapter 18H.14 (c), that allows certified nurseries to use these special-claim programs provided the program is reviewed and approved by the Commissioner of Agriculture before implementation.
Special claims for advertising or labeling plants are regulated by a different part of the Nursery Law: Chapter 18H.14 (c), that allows certified nurseries to use these special-claim programs provided the program is reviewed and approved by the Commissioner of Agriculture before implementation.
The department has developed a Compliance Agreement that is adapted case-by-case for each interested company. This document details specific requirements covering plant production and chemical treatment documentation for all plants a company seeks to advertise or label with some form of special-claim. If the company can meet the conditions, the Compliance Agreement is signed by a company representative and upon countersignature by the department becomes effective. It is effective for one year and is renewable providing all conditions of the Compliance Agreement can continue to be met.
The department has developed a Compliance Agreement that is adapted case-by-case for each interested company. This document details specific requirements covering plant production and chemical treatment documentation for all plants a company seeks to advertise or label with some form of special-claim. If the company can meet the conditions, the Compliance Agreement is signed by a company representative and upon countersignature by the department becomes effective. It is effective for one year and is renewable providing all conditions of the Compliance Agreement can continue to be met.
The Compliance Agreement costs $25. Staff must conduct a site inspection during Compliance Agreement development as well as random inspections during the year to document and audit plant production and collect plant samples. These activities are currently billed at $50/hour for travel and inspection time plus the IRS mileage rate for mileage to and from the facility; typically from the closest nursery inspector’s office. Plant samples will be collected as part of the treatment audit process. The cost of laboratory testing will be paid by the company. At this time these costs have not been finalized.
The Compliance Agreement costs $25. Staff must conduct a site inspection during Compliance Agreement development as well as random inspections during the year to document and audit plant production and collect plant samples. These activities are currently billed at $50/hour for travel and inspection time plus the IRS mileage rate for mileage to and from the facility; typically from the closest nursery inspector’s office. Plant samples will be collected as part of the treatment audit process. The cost of laboratory testing will be paid by the company. At this time these costs have not been finalized.
