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.

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.