| 6/3/2015 11:47 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
| Promulgating Board: | Department of Agriculture and Consumer Services |
| Regulatory Coordinator: | Erin Williams (804)786-7157 erin.williams@vdacs.virginia.gov |
| Agency Contact: | Andres Alvarez Director, Division of Consumer Protection (804)225-3821 Andres.Alvarez@vdacs.virginia.gov |
| Contact Address: | Department of Agriculture and Consumer Services PO Box 1163 Richmond, VA 23218 |
| Chapter Affected: | |
| 2 vac 5 - 317: | Regulations for Enforcement of the Noxious Weeds Law |
| Statutory Authority: |
State: Section 3.2-802 of the Code of Virginia Federal: |
| Date Petition Received | 02/05/2015 |
| Petitioner | Dean Amel, Arlington County Urban Forestry Commission |
Petitioner urges VDACS to include in 2VAC5-317 a more comprehensive list of non-native
invasive species based on the Department of Conservation and Recreation list of invasive
alien plant species in our state. Species on this list currently not offered for sale
should be banned from future sales; plants on this list that are currently for sale
should be phased out from sale over time. If the Commonwealth of Virginia is unwilling
to take such steps to control non-native invasive species, then local jurisdictions
should be permitted to undertake eradication and suppression efforts.
Agency Plan
The Board of Agriculture and Consumer Services will consider this request at its next
scheduled meeting following the public comment period. This meeting will occur on
May 21, 2015.
| Publication Date | 03/09/2015 (comment period will also begin on this date) |
| Comment End Date | 03/30/2015 |
Take no action
| Agency Response Date | 06/03/2015 |
The Board of Agriculture and Consumer Services (Board) denies the petitioner's request
for rulemaking for the following reasons:
The Regulations for Enforcement of the Noxious Weeds Law, 2VAC5-317, was established
pursuant to Virginia's Noxious Weeds Law, Section 3.2-800 et seq. of the Code of Virginia.
The Law defines the term "noxious weed" as "...any living plant, not widely disseminated,
or part thereof, declared by the Board through regulations under this chapter, to
be detrimental to crops, surface waters, including lakes, or other desirable plants,
livestock, land, or other property, or to be injurious to public health or the economy."
The vast majority of the invasive plant species on the Department of Conservation
and Recreation's Virginia Invasive Plant Species List do not meet the statutory definition
as noxious weeds, thus the Board's denial of the petitioner's request.
The Board also points out that the regulation already provides a mechanism, through
the Noxious Weeds Advisory Committee, for the review and recommendation of candidate
species for classification as Tier 1 or Tier 2 noxious weeds.
The Noxious Weeds Law does not include specific provisions that allow localities to
ban the sale and distribution of plant species within their boundaries.