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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 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
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
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
Next Steps
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.asp
Prohibited and Regulated Plants
http://www.dec.ny.gov/docs/lands_forests_pdf/isprohibitedplants2.
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
