Invasive Species and Noxious Weeds
The Commissioner of the Department of Agriculture and Markets is directed, under Section 9-1705 of the Environmental Conservation Law, to serve as Co-Chair for the NYS Invasive Species Council. The Division of Plant Industry has been delegated the responsibility to provide direction and assist with Council activities.
In June of 2010, the New York State Invasive Species Council released its final report - A Regulatory System for Non-Native Species. The report describes a four-tiered approach for preventing the importation and/or release of non-native animal and plant species.
The Department also presented testimony on the status of invasive efforts and the Department of Ag and Markets role in October 2011 at a legislative hearing sponsored by the Assembly Environmental Conservation Committee.
Additionally, the USDA requires permits for the importation and/or interstate movement of Federal noxious weeds (FNWs) - aquatic and wetland, parasitic and terrestrial- under the authority of 7 CFR 360. States are provided the opportunity to accept or reject several of the listed species depending on unique climate, resource, and/or crop concerns. The Department is currently rejecting the specific species that have been identified through the Invasive Species Council's preliminary list of species of concern.
In July of 2012, Governor Cuomo signed legislation that directed the Departments of Agriculture and Markets and Environmental Conservation to cooperatively develop regulations aimed at controlling the spread of invasive species in New York State. These regulations were adopted on July 28, 2014 and published in the state register on September 10, 2014. The regulations TAKE EFFECT ON MARCH 10, 2015. To access the regulations and supporting documents click on: www.dec.ny.gov/regulations/93848.html.
The list of 69 prohibited plants and six regulated plants will be of particular interest to plant growers, plant dealers and others that are involved in the green industry.
Click here for an informational list of the prohibited and regulated plants.
Click here for a downloadable color pdf book with the details of the part 575 regulations pertaining to the green industry.
Click here for a Cornell Publication on alternatives to invasive plants.
PLEASE BE AWARE-
- Existing stocks of Berberis thunbergii (Japanese Barberry), may be sold for one year. During this one year period Japanese Barberry does not need to carry invasive species labeling.
- There are six plants which are considered regulated as of March 10, 2015. These are Acer platanoides (Norway Maple), Clematis terniflora (Japanese Virgin’s Bower), Euonymus alatus (Burning Bush), Euonymus fortunei (Winter Creeper), Miscanthus sinensis (Chinese Silver Grass), Robinia pseudoacacia (Black Locust). These plants must carry in 14 point font the following warning statement INVASIVE SPECIES-HARMFUL TO THE ENVIRONMENT.
To download a word file of an example label that meets or exceeds the requirements of part 575 click here.
Other acceptable versions of labels may also be available from the New York State Nursery and Landscape Association at www.nysnla.com.
DEC-AgMkts Approved Label Template Straight
DEC-AgMkts Approved Label Template 11X1 Wrap
To access the NYSDEC Website to obtain special permits related to Part 575 click here.
Additional information on Invasive Species in NYS may be found on the New York State Invasive Species Clearinghouse website http://nyis.info.