The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Installing" or "installation" means the placement, replacement, or otherwise planting of outdoor plants.

"Invasive plant species" means a plant species included on the Virginia Invasive Plant Species List, established pursuant to § 10.1-104.6:2 of the Code of Virginia and maintained by the Virginia Department of Conservation and Recreation.

"Notification" means a communication provided by a tradesperson at the time of delivery of a proposal that includes an invasive plant species or prior to the installation of any invasive plant species that is acknowledged in writing by the property owner, manager, custodian, or other person responsible for the property on which an invasive plant species is proposed to be installed or is installed.

"Proposal" means a written landscape design plan.

"Propose" means to provide a proposal to a property owner, manager, custodian, or other person responsible for a property.

"Tradesperson" means any person who, for compensation, proposes plants for installation or installs plants.

A. A tradesperson shall provide written notification to the property owner, manager, custodian, or other person responsible for the property when the tradesperson proposes for installation or installs an invasive plant species.

B. A tradesperson who is required to provide notification pursuant to subsection A of this section shall provide the notification (i) at the time that the tradesperson proposes an invasive plant species for installation or (ii) prior to the installation of an invasive plant species. However, if the tradesperson who proposes an invasive plant species also installs the proposed invasive plant species, notification is only required at the time that the tradesperson proposes the invasive plant species.

C. A notification shall:

1. List each invasive plant species proposed for installation or being installed, identify the species as invasive, and state the species' invasiveness rank on the Virginia Invasive Plant Species List; and

2. State that general information on the characteristics and management of invasive plant species is available in Virginia Cooperative Extension's Exotic Invasive Plants publication.

A. A tradesperson who proposes plants for installation shall maintain a copy of the notification provided to a property owner, manager, custodian, or other person responsible for the property for a period of not less than two years from the date on which a proposal is accepted.

B. A tradesperson who installs plants shall maintain a copy of the notification provided to a property owner, manager, custodian, or other person responsible for the property for a period of not less than two years from the date of the installation of an invasive plant species.

C. A tradesperson shall make notifications that the tradesperson provides pursuant to this chapter available for inspection by the Commissioner of Agriculture and Consumer Services upon request.