The Virginia Nursery and Landscape Association (VNLA) appreciates the opportunity to comment on VDACS’s proposed Guidance on Invasive Plant Species Signage Requirements at Retail Establishments. VNLA appreciates the Department’s work to provide clear implementation guidance and standardized signage ahead of the January 1, 2027 effective date. The Association generally supports the guidance and believes that clear, consistent expectations will be important for retailers, inspectors, and the broader goal of consumer education as the new law takes effect.

VNLA particularly appreciates the clarification in Section 4.E that true hybrids, crosses, and different species are not subject to the signage requirements. We believe this is an important and useful distinction and encourage VDACS to retain this provision in the final guidance.

We do, however, encourage the Department to revisit one of the examples used to illustrate Section 4.E. The guidance identifies Buddleja ‘Miss Molly’ as an example of plant material that would be exempt from the signage requirement. As noted by other commenters, there are questions about whether ‘Miss Molly’ is properly characterized as the type of hybrid contemplated by this provision.

For that reason, VNLA recommends that VDACS replace or clarify the ‘Miss Molly’ example so that the guidance does not create unnecessary confusion for retailers or inspectors regarding the scope of the exemption.

More broadly, VNLA believes Section 4.E reflects an important principle: not every plant associated with a listed species necessarily presents the same reproductive characteristics or invasive potential. As research continues to develop regarding sterile and low-fecundity cultivars, VNLA looks forward to working with VDACS, Virginia Tech, and other stakeholders on how the Commonwealth can appropriately incorporate that science into future invasive-plant policy. For instance, Oregon has developed a framework that permits certain Buddleja cultivars to be sold notwithstanding its broader restrictions on Buddleja davidii, including approved sterile cultivars and certain non-regulated interspecific hybrids such as ‘Miss Molly.’

VNLA also appreciates VDACS’s efforts to provide standardized signage and clear implementation materials for retailers. Sign placement will be particularly important to successful implementation. Retail establishments vary considerably in size, layout, merchandising practices, and the number of locations in which a particular species may be displayed. VNLA encourages VDACS to administer the placement requirements in a practical and consistent manner that ensures customers receive the intended notice without creating unnecessary duplication or confusion for retailers.

In particular, where multiple cultivars or varieties of the same listed species are displayed together or within a clearly identifiable common sales area, retailers should have sufficient flexibility to use signage that is conspicuous, proximate to the plants, and readily understandable to customers, rather than being required to place duplicative signs immediately adjacent to every individual cultivar or container grouping. Similarly, where plants are moved within a retail space as inventory changes, the focus should remain on whether the required information is clearly available to the customer, rather than on overly rigid placement rules.

VNLA believes a practical, education-focused approach to placement will improve compliance, reduce unnecessary disputes over technical details, and best serve the purpose of the law. We look forward to continuing to work with VDACS on implementation, retailer education, and outreach ahead of the January 1 effective date.

Sincerely,

Brad Copenhaver 
Virginia Nursery and Landscape Association