6/3/2015 11:47 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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 | Kurt Louis, Arlington County Parks and Natural Resources Division |
Petitioner urges VDACS to re-evaluate the criteria by which plants are classified
as noxious weeds in 2VAC5-317, and incorporate the following changes into the regulation:
Utilize the Virginia Department of Conservation and Recreation's (DCR) most current
list of Invasive Alien Plant Species of Virginia as the basis for determining inclusion
on the Noxious Weeds list. Using this well-researched, science-based, comprehensive
list as the basis for state regulation will have a far greater impact at limiting
the introduction, dissemination and spread of invasive plants.
Any species classified as highly or moderately invasive in the Virginia Department
of Conservation and Recreation's (DCR's) most recent "Invasive and Alien Plant Species
of Virginia" list, that are not currently in commercial production in VA, should be
placed on the Tier 1 List of Noxious Weeds.
Listing as a "Tier 1 noxious weed" forbids sale and movement of certain invasive
plants known to do extensive damage.
Any species classified as highly or moderately invasive in the Virginia Department
of Conservation and Recreation's (DCR's) most recent "Invasive and Alien Plant Species
of Virginia" list, that are currently in commercial production in VA, should be placed
on the Tier 2 List of Noxious Weeds for a defined number of years to allow growers
a chance to start producing alternative plants for sale.
Require labeling of commercially available noxious weeds during the time that they
are still permitted to be sold on the Tier 2 List (as noted above). The label shall
include a warning stating that the species are invasive and shall include a listing
of non-invasive alternative plant species.
Phase out any species listed on the DCR list as invasive from commercial sale. For
trees, growers should be prohibited from starting new plants once listed. Trees currently
in production would be allowed to be sold with a warning (see above), unless quarantined
or restricted for other reasons. Other plants that are currently in production in
Virginia may be continued to be sold for a defined number of years, unless quarantined
or restricted for other reasons.
Address whether successful eradication is likely/unlikely, and successful suppression
is likely/feasible (as specified in definitions of Tier 1/Tier 2 Noxious Weeds in
the regulation as currently proposed by VDACS) on a species-by-species basis, grouped
as subcategories within Arlington's proposed definitions of Tier 1 and Tier 2 species
(above).
Permit local jurisdictions to create lists of invasive plant species to be banned
from sale and distribution within their jurisdiction.
Agency Plan
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.