Agency
Department of Agriculture and Consumer Services
 
Board
Department of Agriculture and Consumer Services
 
Guidance Document Change: The Plants and Plant Products Inspection Law (Va. Code ยง 3.2-3800 et seq.) prohibits retail establishments from selling or offering for retail sale for outdoor use a plant that is an invasive plant species unless such retail establishment posts in a conspicuous manner on the property located in proximity to each invasive plant display signage identifying such plant as invasive, educating consumers regarding invasive plant species, and encouraging consumers to ask about alternatives. The Second Enactment of Chapters 393 and 409 of the 2025 Acts of Assembly requires the Commissioner of Agriculture and Consumer Services to designate the format, size, and content of the sign required by the Law. This Guidance Document designates the format, size, and content of the sign.
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10/7/26  1:47 pm
Commenter: Tye Saunders, Saunders Brothers, Inc.

Comment on Virginia Invasive Species Signage Guidance
 

Saunders Brothers, Inc. is a family-owned and operated wholesale nursery, serving independent garden centers, re-wholesalers, and landscapers throughout Virginia. We agree with and recognize the importance of controlling invasive plants that threaten the Commonwealth’s ecosystems. We also emphasize the practice of using scientific data to identify which plants are truly harmful to Virginia’s natural resources and therefore qualify for the Invasive Species Signage Law.

We acknowledge and appreciate the inclusion of Section 4E and want to reiterate the importance of this type of exception being part of the guidance, as it could mitigate the potential economic impact on Virginia’s Horticultural businesses. That said, we feel that the current parameters of VDACS’ guidance on the Invasive Species Signage Law could make the law difficult to understand, manage, and enforce given the complexity of plant lineage and the research required to accurately identify that lineage.

Over the years, we have voluntarily discontinued the production of known invasive species, regardless of the economic pitfall and we are committed to continuing to follow science as less fertile cultivars of useful landscape plants are developed. However, the ability for our customers to sell these hybrid plants without invasive plant signage is key to the business success of our nursery as well as their garden centers. Our concern is that we continue to eliminate the true problems, not that we inhibit the sales of non-problematic species.

We sincerely appreciate the opportunity to comment on VDACS’ guidance and look forward to continuing to work together to protect Virginia’s natural resources.

Thank you,

Tye Saunders

CommentID: 242223