The North Dakota Department of Agriculture is responsible for administration of the nursery law (NDCC 4.1-21). All nursery growers and dealers must be licensed and all nursery stock that is sold must be from inspected sources and certified to be practically free from damaging pests. Nursery growers are inspected annually for pests and diseases. Nursery stock at dealer locations are also inspected to verify compliance with various federal quarantines and with basic certification requirements as well as to prevent plant pest introductions and to enforce viability and hardiness requirements.
The Department also enforces and monitors compliance with federal and state black stem rust quarantine (commonly known as the Barberry quarantine to prevent introduction of barberry varieties that are susceptible to black stem rust (Puccinia graminis) of wheat. See the USDA website for further information (http://www.aphis.usda.gov/plant_health/plant_pest_info/barberry/index.shtml)
Who needs to be licensed? NDCC 4.1-22 states "no person may sell nursery stock without a license." A person is defined as "any individual, corporation, limited liability company, company, society, association, government agency, or other entity." Places handling nursery stock that need to hold a nursery license include, but may not be limited to, garden centers, greenhouses, landscapers, and national multi-chain stores.