6NYCRR Part 575
Plant Industry Updates Licensing- Currently majority of dealers are in the renewal process Updating Regulations- Evaluating and revising EAB Regulations; Industrial Hemp Research Regulations are currently posted in the NYS Register for review Development of Pollinator Protection Plan
The Basics Governor Cuomo signed the Invasive Species Law in July of 2012. Public comment and rulemaking were completed from the fall of 2013 to the fall of 2014. The Law requires the development of a list of Prohibited species, and a list of Regulated species.
The Law The law is primarily intended to regulate invasive species in commerce. Includes the possession, buying, selling, transportation, importation, and propagation of listed invasive species. The law does not provide for the eradication or management of invasive species in the landscape.
Invasive Species Definition Is a species that is nonnative to the ecosystem under consideration, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. For the purposes of this part, the harm must significantly outweigh any benefits.
The Process Determining a species invasiveness from an ecological perspective this is done by the NYS Department of Environmental Conservation (DEC) and its experts. Assigning an invasiveness rank for the species: Very High, High, Moderate, or Low Determining the socioeconomic value of the species for now just those that ranked Very High or High. This step is performed by NYS Department of Agriculture & Markets and our experts.
The Lists Invasive species are ranked according to the outcome of the ecological and socioeconomic assessments, and based on that rank they are assigned a regulatory status of either Prohibited or Regulated. Prohibited Species illegal to knowingly possess with intent to sell, import, purchase, transport, propagate or introduce. Regulated Species are legal to possess, sell, buy, propagate, and transport, but they may not be knowingly introduced into a free-living state.
Qualifiers Regulated Species the sale of some Regulated Species may be subject to conditions: Tagging with warning regarding invasive characteristics of the species. Suggested alternative species that could be used instead of the regulated invasive species. Instructions for the care or tending of the invasive species to prevent its spread or introduction into a Free Living State.
Invasive Species-Harmful to the Environment Invasive Species-Harmful to the Environment (Insert Genus and Species or common name here) To minimize the potential for spread: Keep your plants pruned Minimize bare ground Watch for and eliminate unwanted seedlings Dispose of unwanted plants and cuttings appropriately (List non-invasive alternatives on this line) For more information on invasive plants and alternatives visit: http://www.nyis.info/
Regulated Species as of March 10, 2015 Acer platanoides Clematis terniflora Euonymus alatus Euonymus fortunei Miscanthus sinensis Robinia pseudoacacia Norway Maple Japanese Virgin s Bower Burning Bush Winter Creeper Chinese Silver Grass Black Locust
Prohibited Species At this time includes 69 species of plants Of interest to the nursery industry: Barberry, Iris pseudacorous, some types of bamboo, several types of honeysuckle, Amur Cork Tree. Also be aware that some insects and diseases are included on the list-emerald Ash Borer and Asian Longhorned Beetle. Numerous other types of organisms.
Grace Periods The Invasive Species Law provides for the establishment of Grace Periods for the sale and management of existing stock. This is discretionary. The only plant species that currently has a grace period is Berberis thunbergii. Existing stock can be sold until March 10, 2016.
Inspection results 903 Grower inspections included Part 575 Compliance 58 growers had prohibited plants on the premises- 6.42% 261 growers had regulated plants not in compliance with labeling requirement-28.90 %
Inspection results 694 Dealer inspections included compliance with Part 575 Prohibited Species were found in 39= 6% Improperly labeled regulated species were found in 138=19.88%
Qualifiers Most commonly found prohibited plant =barberry Other instances of prohibited plants were often old stock that appeared to be leftover Most growing operations and independent retailers were aware of Part 575 Growers and independent retailers appear to be making good faith efforts to label regulated plants
Next Steps Targeted outreach through existing supply chains Targeted outreach to suppliers who ship prohibited plants or consistently ship unlabeled regulated plants Continued outreach to industry on a group and individual basis
Violations First violation for general public $250.00. First violation for licensed growers is $600.00. Second violation is $2000.00 for licensed grower.
Compliance Philosophy This is a new regulation. All parties impacted may not be familiar with the new rules. To that end, NYSDAM will maintain an educational approach to enforcement of this new regulation. We will be available for educational presentations and will document violations of Part 575 regulations during our grower and dealer inspections starting immediately.
Resources New publication from Cornell Cooperative Extension Alternatives to Invasive Plants http://www.nysipm.cornell.edu/nursery_ghouse/invasive_plants.as p Prohibited and Regulated Plants http://www.dec.ny.gov/docs/lands_forests_pdf/isprohibitedplants2. pdf Express Terms found at http://www.dec.ny.gov/regulations/93848.html General Information: http://www.agriculture.ny.gov/pi/invasive_species.html
Petitions to add or remove species-575.7 Species may be added to the list if they meet the criteria in 575.5. Species may be removed from the list if they no longer meet the criteria in 575.5. Petitions of both types require specific information outlined in part 575.7.
Exemptions 575.8 Incidental or unknowing introduction. Transporting or possession for the purpose of control. Transportation for the purpose of identification. Cultivar Exemption. Permit from NYSDEC or NYSDAM to transport/possess for research and educational purposes.
Exemptions..continued Operating under a compliance agreement, limited permit or certificate of inspection issued by NYSDAM, NYSDEC or APHIS/PPQ. A biological control permit issued by NYSDAM. Previously permitted wetland plant species associated with vegetative treatment in wastewater facilities.
Contact Info (518) 457-2087 Christopher Logue, Director, Division of Plant Industry Christopher.Logue@agriculture.ny.gov