words and terms shall have the following
meanings unless the context clearly indicates otherwise:
"Board" means the Virginia Board of Agriculture and Consumer Services.
"Business day" means a day that is not a Saturday, Sunday, or legal holiday, or a day on which state government offices are closed.
"Certificate" means a document issued
inspector or by a person operating in accordance with a compliance agreement to
allow the movement of regulated articles to any destination or
authorized by the commissioner indicating that a regulated article is not
contaminated with a noxious weed.
"Commissioner" means the Commissioner of the Virginia Department of Agriculture and Consumer Services.
"Committee" means the Noxious Weeds Advisory Committee established pursuant to 2VAC5-317-100.
"Compliance agreement" means a written agreement
between a person engaged in handling, receiving, or moving regulated articles
and the Virginia Department of Agriculture and Consumer Services or the
States U.S. Department of Agriculture, or both, wherein the former
agrees to fulfill the requirements of the compliance agreement and comply with
the provisions of this chapter.
"Consignee" means any person to whom any regulated article is shipped for handling, sale, resale, or any other purpose.
"Department" means the Virginia Department of Agriculture and Consumer Services.
"Infested" or "infestation" means the presence of a listed noxious weed or the existence of circumstances that make it reasonable to believe that life stages of a listed noxious weed are present.
"Inspector" means an employee of the Virginia Department of Agriculture and Consumer Services or other person authorized by the Commissioner of the Virginia Department of Agriculture and Consumer Services to enforce the provisions of this chapter.
"Limited permit" means a document issued by an
inspector to allow the movement of regulated articles to a specific
"Listed noxious weed" means any plant listed in this
chapter as either a Tier 1
or, Tier 2, or Tier 3 noxious
," "moved," or
"movement" means shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried to ship, offer for shipment, receive for
transportation, carry, or otherwise transport, move, or allow to be moved.
"Noxious weed" means the term as defined in § 3.2-800 of the Code of Virginia.
"Noxious Weeds Law" means the statute set forth in Chapter 8 (§ 3.2-800 et seq.) of Title 3.2 of the Code of Virginia.
"Permit" means a document issued by the commissioner to provide for movement of regulated articles to restricted destinations for limited handling, utilization, processing, or scientific purposes.
"Person" means the term as defined in § 1-230 of the Code of Virginia.
"Regulated article" means any listed noxious weed or
or means of conveyance known to be infested or determined by an
inspector to present a risk of spreading a listed noxious weed carrying
or capable of carrying a listed noxious weed.
"Tier 1 noxious weed" means any noxious weed that is
native to known to be present in the Commonwealth that (i)
has no known populations present in the Commonwealth or (ii) is not widely
disseminated in the Commonwealth and for which successful eradication or
suppression is likely.
"Tier 2 noxious weed" means any noxious weed that
is not native to is present in the Commonwealth , (ii) is not
widely disseminated in the Commonwealth, and (iii) and for which
successful eradication or suppression is feasible but eradication is
"Tier 3 noxious weed" means any noxious weed that is present in the Commonwealth and not listed as a Tier 1 or Tier 2 noxious weed.
"Waybill" means a document containing the details of a shipment of goods.
2VAC5-317-20. Tier 1
and, Tier 2, and Tier 3
A. The following plants are hereby declared Tier 1 noxious weeds:
Vitex rotundifolia, Beach vitex. 2. Salvinia molesta, Giant salvinia. 3. 2. Solanum viarum, Tropical soda apple. 4. 3. Heracleum mantegazzianum, Giant hogweed. 5. Oplismenus hirtellus spp. undulatifolius, Wavyleaf
B. The following plants are hereby declared Tier 2 noxious weeds:
1. Imperata cylindrica, Cogon grass.
2. Lythrum salicaria, Purple loosestrife.
3. Ipomoea aquatica, Water spinach.
4. Vitex rotundifolia, Beach vitex.
5. Oplismenus hirtellus spp. undulatifolius, Wavyleaf basketgrass.
C. No plant is hereby declared a Tier 3 noxious weed.
2VAC5-317-30. Conditions governing the
movement of regulated articles.
The movement of a regulated article is prohibited unless
accompanied by a valid certificate or
2VAC5-317-40. Issuance and cancellation of certificates and
A. A certificate or a
limited permit may be issued by an
inspector the commissioner for the movement of a regulated article
into, within, or out of the Commonwealth when the regulated article meets the
following three conditions:
1. The regulated article is to be moved:
Intrastate to To a specified destination
under conditions that specify the limited handling, utilization, processing, or
treatment of the article when the inspector commissioner
determines that such movement will not result in the spread of the noxious
b. By a state or federal agency, or person authorized by the department, for experimental or scientific purposes;
2. The regulated article is to be moved in compliance with all additional conditions deemed necessary under the Noxious Weeds Law to prevent the spread of the noxious weed; and
3. The regulated article is eligible for
movement under all other domestic plant quarantines and regulations applicable
to the regulated article.
B. Any certificate or
limited permit that has been
issued or authorized may be withdrawn by the inspector commissioner
orally or in writing if the inspector commissioner determines
that the holder of the certificate or limited permit has not complied
with all conditions for the use of the certificate or limited permit ,
or with any applicable compliance agreement. If the withdrawal is oral, the
withdrawal and the reasons for the withdrawal shall be confirmed in writing and
communicated to the certificate or limited permit holder as promptly as
2VAC5-317-50. Assembly and inspection of regulated articles.
A. Any person who desires to move a regulated article and who
is required to have a
limited permit for such movement shall apply for a
limited permit as far in advance as practical but no fewer than five
business days before the regulated article is to be moved.
B. The regulated article must be assembled at the place and in the manner the inspector designates as necessary to facilitate inspection and shall be safeguarded to prevent infestation.
2VAC5-317-60. Attachment and disposition of certificates and
A. A certificate or
limited permit required for the
movement of a regulated article into, within, or out of the Commonwealth must
be attached at all times during the intrastate movement to the outside
of the container that contains the regulated article or to the regulated
article itself. The requirements of this section may also be met by attaching
the certificate or limited permit to the consignee's copy of the
waybill, provided the regulated article is sufficiently described on the
certificate or limited permit and on the waybill to facilitate the
identification of the regulated article.
B. The certificate or
limited permit for the intrastate
movement of a regulated article must be furnished by the carrier to the
consignee at the destination of the regulated article. A copy of the
certificate or the limited permit must be retained by the sender of the
regulated article at the place of shipment.
2VAC5-317-80. Eradication and suppression activities for Tier 1 or Tier 2 noxious weeds.
The commissioner may conduct eradication or suppression
activities to prevent the dissemination of a Tier 1 or Tier 2 noxious
weed. Eradication or suppression activities may include
, but are not limited
to, the following: destruction, seizure, stop sale, stop delivery,
treatment, or ordering the regulated article to be returned to its point of
2VAC5-317-100. Noxious Weeds Advisory Committee.
A. The commissioner shall establish a Noxious Weeds Advisory Committee for the purpose of assisting the department in the evaluation and risk-assessment of plants that may be declared noxious weeds in 2VAC5-317-20. The committee may also consider the delisting of plants that were previously declared noxious weeds.
B. The committee shall present recommendations to the
commissioner regarding the listing or delisting of plants as noxious weeds. The
committee shall consider the
protection of Virginia's natural resources and
the environment, as well as the economic impact on nurseries, landscapers,
agricultural producers, and other affected industries in the formulation of its
recommendations degree to which the plant is detrimental to crops;
surface waters, including lakes; other desirable plants; livestock; land or
other property; public health; the environment; and the economy. The
committee's recommendation shall include an analysis of the current and
potential in-state commercial viability of the specific plant species and the
economic impact on industries affected by the designation of the plant as a
C. The commissioner shall convene a meeting of the committee at least once annually, and may convene additional meetings at his discretion. Department staff will coordinate the scheduling and logistics of the meetings, including the posting of meeting notices on the Virginia Regulatory Town Hall and the Commonwealth Calendar.
D. Committee members shall serve at the invitation of the
commissioner. For every meeting of the committee, the commissioner shall invite
representatives of Virginia's agricultural, horticultural, and environmental
industries as well as representatives of Virginia's land grant universities and
relevant executive branch agencies, to include
but not be limited to:
1. A conservation representative or organization
2. An agribusiness representative or organization
3. A local government representative or organization
4. Virginia Cooperative Extension
5. Virginia Department of Conservation and Recreation
6. Virginia Department of Forestry
7. Virginia Department of Game and Inland Fisheries
8. Virginia Department of Transportation
9. A farming representative or organization
10. A forage-based agriculture representative or organization
11. A native plant conservation representative or organization
12. A nursery and landscaping representative or organization
13. Virginia Polytechnic Institute and State University
14. Virginia State University;
15. A cooperative weed management area representative or organization; and
16. Virginia soil and water conservation districts.
E. The commissioner may invite representatives of local government agencies from localities where a plant of concern has been found or from localities that could be impacted by the declaration of a plant as a noxious weed. The commissioner may invite representatives of other organizations not listed in subsection D of this section that may have a direct interest in the declaration of a plant as a noxious weed.
F. Prior to each meeting of the committee, the commissioner or his designee shall make timely notification to committee members of any plant that the department is considering for possible listing or delisting as a noxious weed. The notification will include the scientific data and rationale for such listing or delisting. The commissioner or his designee shall survey committee members to determine if any member has identified a plant that should be considered for possible listing or delisting as a noxious weed. Any committee member who has identified a plant that should be considered for possible listing or delisting as a noxious weed shall provide department staff with relevant scientific data and the rationale to support the listing or delisting of the plant. The commissioner or his designee will distribute the scientific data and rationale to other committee members for their review and consideration prior to the meeting of the committee.
G. The committee, by majority vote of members, may develop and present to the commissioner a list of plants recommended for listing or delisting as noxious weeds.
H. The commissioner shall consider the recommendations of the committee in his preparation of the list of plants that he presents to the board for listing or delisting as noxious weeds.
I. If a regulatory action to list or delist a noxious weed is under way, the commissioner may delay the pursuit of a new regulatory action to list or delist a new noxious weed until the current action is completed.