USA: Border States Plant Regulations

map of USA with Canada border states highlighted
USA – States that share a border with Canada

Summary of Approaches


Federal

CFR § 360.200 – Designation of noxious weeds. https://www.law.cornell.edu/cfr/text/7/360.200 This law limits the interstate spread of such plants without a permit.

Noxious weed. Any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment https://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/weedlist.pdf

APHIS Risk Assessments: https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program/CT_Riskassessments

Alaska AK

AK Invasive Plants and Agricultural Pest Management: https://plants.alaska.gov/invasives/noxious-weeds.htm (Regulations that govern Invasive and Noxious Species come under Title 3: Agriculture, Animals, and Food Chapter under the Commissioners of Natural Resources and Environmental Conservation AS 03.05 010 AS 03.05.030 as well as Title 44. State Government Chapter 37. Department of Natural Resources Section 30. Duties of Department With Respect to Agriculture.AS 44.37.030 11AAC 34.020)

Idaho ID

ID Laws and rules: Idaho Invasive Species Act of 2008; Idaho Code, Title 22, Chapter 24 – Noxious Weeds. https://invasivespecies.idaho.gov/laws-and-rules ID state prohibited terrestrial plant list: https://invasivespecies.idaho.gov/terrestrial-plants

ID State prohibited aquatic plant list https://invasivespecies.idaho.gov/aquatic-plants

“TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 19 THE IDAHO INVASIVE SPECIES ACT OF 2008 22-1905. PROHIBITED ACTIONS. No person may import, export, purchase, sell, barter, distribute, propagate, transport or introduce an invasive species into or within the state of Idaho and no person may possess an invasive species, except: …” https://legislature.idaho.gov/statutesrules/idstat/Title22/T22CH19/SECT22-1905/

Maine ME

ME Agriculture CMR 01-001 Chapter 273: Criteria for Listing Invasive Terrestrial Plants. These changes make it illegal to sell, import, export, buy or intentionally propagate for sale the 33 plant species https://www.maine.gov/dacf/php/horticulture/documents/InvasivePlantListHandout_000.pdf ; (Pdf of criteria Ch. 273); Criteria for Listing Invasive Terrestrial Plants https://www.maine.gov/sos/cec/rules/01/chaps01.htm )

ME Title 38: WATERS AND NAVIGATION Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS Subchapter 1: ENVIRONMENTAL PROTECTION BOARD Article 2: POLLUTION CONTROL §419-C. Prevention of the spread of invasive aquatic plants 1. Prohibition. A person may not: A. Transport any aquatic plant or parts of any aquatic plant, including roots, rhizomes, stems, leaves or seeds, on the outside of a vehicle, boat, personal watercraft, boat trailer or other equipment on a public road; [PL 1999, c. 722, §2 (NEW).] B. Possess, import, cultivate, transport or distribute any invasive aquatic plant or parts of any invasive aquatic plant, including roots, rhizomes, stems, leaves or seeds, in a manner that could cause the plant to get into any state waters;… https://legislature.maine.gov/statutes/38/title38sec419-C.html

ME Weed Seed Title 7: AGRICULTURE AND ANIMALS Part 2: MARKETING, GRADING AND LABELING Chapter 103: PRODUCTS CONTROLLED regulates Primary and Secondary Noxious Weeds Seeds. http://www.mainelegislature.org/legis/statutes/7/title7sec1042.html

Michigan MI

Michigan laws regulate the possession and sale of certain plant species which are considered undesirable from agricultural as well as environmental viewpoints. (Natural Resources and Environmental Protection Act Part 413 (Act 451 of 1994), as amended in, 2019, prohibits or restricts specified terrestrial and aquatic plants https://www.michigan.gov/invasives/0,5664,7-324-68071-368618–F,00.html (LINK BROKEN)MI Prohibited and Restricted Weeds https://www.michigan.gov/-/media/Project/Websites/mdard/documents/pesticide-plant-pest/planthealth/michigan_prohibited_and_restricted_weeds.pdf?rev=044acf897d5b432ca34f4b5b2e575657 Noxious weeds are identified in two categories under the Michigan Seed Law (Act 329 of 1965) and Regulations 715 (Under Act 329) Seed Law Implementation. Prohibited noxious weeds – seeds of these species are prohibited as contaminants in seed offered for sale.
Prohibited and Restricted Weeds https://www.michigan.gov/-/media/Project/Websites/mdard/documents/pesticide-plant-pest/planthealth/michigan_prohibited_and_restricted_weeds.pdf?rev=044acf897d5b432ca34f4b5b2e575657

Minnesota MN

Minnesota combines federal and state lists under various categories. “It is illegal to possess, import, purchase, sell, propagate, transport, or introduce prohibited invasive species, except as allowed by statute” Minnesota and Federal Prohibited Species List 2020: https://files.dnr.state.mn.us/eco/invasives/weedlist.pdf
FN – Federal noxious weed (USDA–Animal Plant Health Inspection Service) – all aquatic plants listed as federal noxious weeds (except Ipomoea aquatica) are also listed as prohibited invasive species by the Minnesota Department of Natural Resources
SN – State noxious weed (Minnesota Department of Agriculture): prevent their spread by prohibiting the importation, sale, and transportation of their propagating parts in the state.
MDA Noxious Weed List Minnesota Statutes 18.75 – 18.91 and 160.23
RN – Restricted noxious weed (Minnesota Department of Agriculture): prevent their spread by prohibiting the importation, sale, and transportation of their propagating parts in the state … Laws and Regulations (Land-based species) https://www.dnr.state.mn.us/invasives/terrestrial/laws.html
PS – State prohibited weed seed (Minnesota Department of Agriculture)

RS – State restricted weed seed (Minnesota Department of Agriculture)

2021 Minnesota Statutes CHAPTER 84D. INVASIVE SPECIES. 84D.05 PROHIBITED INVASIVE SPECIES. Subdivision 1.Prohibited activities. A person may not possess, import, purchase, sell, propagate, transport, or introduce a prohibited invasive species, ..84D.075 NONNATIVE SPECIES, AQUATIC PLANTS, AND AQUATIC MACROPHYTES; PARTS AND LIFE STAGE. A law relating to a nonnative species, aquatic plant, or aquatic macrophyte applies in the same manner to a part of a nonnative species, aquatic plant, or aquatic macrophyte, whether alive or dead, and to any life stage or form. https://www.revisor.mn.gov/statutes/cite/84D Prohibited and Regulated Invasive Species are listed here: https://www.dnr.state.mn.us/invasives/laws.html#prohibited

Montana MO

MONTANA has a County Weed Control Act and lists several categories of weed plants here: Designation of Noxious Weed Management.

New Hampshire NH

“In accordance with the Invasive Species Act, HB 1258-FN, the NH Department of Agriculture, Markets & Food, Division of Plant Industry is the lead state agency responsible for the evaluation, publication and development of rules on invasive plant species for the purpose of protecting the health of native species, the environment, commercial agriculture, forest crop production, or human health. The rule, Agr 3800, states “No person shall collect, transport, import, export, move, buy, sell, distribute, propagate or transplant any living and viable portion of any plant species, which includes all of their cultivars and varieties, listed in Table 3800.1, New Hampshire prohibited invasive species list”. https://www.agriculture.nh.gov/publications-forms/documents/prohibited-invasive-species.pdf (CHAPTER 88 HB 1258-FN – FINAL VERSION https://www.chesapeakenetwork.org/wp-content/uploads/2013/11/NH-statute-re-ISC-HB-1258-FN.pdf )

New York NY

“A regulation (Part 575) was adopted in July 2014, that prohibits or regulates the possession, transport, importation, sale, purchase and introduction of select invasive species. The purpose of this regulation is to help control invasive species, a form of biological pollution, by reducing new infestations and spread of existing populations. This regulation became effective March 10, 2015.” https://www.dec.ny.gov/animals/99141.html
Title 6 Department of Environmental Conservation Part 575 Prohibited and Regulated Invasive Species https://govt.westlaw.com/nycrr/Browse/Home/NewYork/NewYorkCodesRulesandRegulations?guid=Ie8d3e7b0339611e4baa20000845b8d3e&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)

Noxious Weeds are also regulated by the New York State Department of Agriculture and Markets and are listed in Article 9 of the Agriculture and Markets law Chapter 631 Relating to Inspection and Sale of Seeds with Rules and Regulations (Revised 2003).

North Dakota ND

North Dakota Law (NDCC § 4.1-47-02) requires every person to do all things necessary and proper to control the spread of noxious weeds. The North Dakota Department of Agriculture coordinates the efforts of county and city weed boards and state and federal land managers to implement integrated weed management programs. “Noxious weeds cause millions of dollars in damage to North Dakota crops and forage. Many additional dollars are spent in both public and private efforts to control these weeds. In addition to their agronomic impact, noxious weeds adversely affect rural and urban landscapes, tax revenues, recreational opportunities and wildlife habitat.” “Noxious weed” means a plant propagated by either seed or vegetative parts and determined to be injuriousto public health, crops, livestock, land, …4.1-47-02. Control of noxious weeds.1. Each person shall do all things necessary and proper to control the spread of noxious weeds. 2. No person may distribute, sell, or offer for sale within this state a noxious weed.”
NORTH DAKOTA’S NOXIOUS WEED LAW AND REGULATIONS https://www.nd.gov/ndda/sites/default/files/2021%20Noxious%20Weeds%20Book.pdf

North Dakota passed its Aquatic Nuisance Species law in 2005. Title 30 Game and Fish Department ANS Administrative Rules (see 30-03-06) Aquatic Species https://gf.nd.gov/gnf/fishing/docs/aquaticnuisance-species-list.pdf

Ohio OH

Effective:January 7, 2018 “In order to protect native plant species and thwart the growth of invasive plant species, 38 plants have been declared invasive in Ohio. No person shall sell, offer for sale, propagate, distribute, import or intentionally cause the dissemination of any invasive plant in the state of Ohio” https://agri.ohio.gov/divisions/plant-health/invasive-pests/invasive-plants

https://codes.ohio.gov/ohio-administrative-code/rule-901:5-30-01
(A) In order to protect native plant species and thwart the growth of invasive plant species, the director of the Ohio department of agriculture pursuant to section 901.50 of the Revised Code hereby declares the plants listed in paragraphs (A)(1) to (A)(38) of this rule as invasive plants. The invasive plants are first designated by the plant’s botanical name and then by the plants common name. The botanical name is the official designation for the plant.”

Pennsylvania PA

Noxious weeds are identified as a plant that is determined to be injurious to public health, crops, livestock, agricultural land or other property and cannot be sold, transported, planted, or otherwise propagated in Pennsylvania. Weeds are placed within one of three classes, Class A, B, or C based on spread and eradication potential and includes the the Federal Noxious Weed list by default as Class C weeds.  Cannabis is in a separate category of controlled species. AGRICULTURE CODE (3 PA.C.S.) – CONTROLLED PLANTS AND NOXIOUS WEEDS Act of Oct. 30, 2017, P.L. 774, No. 46 https://www.agriculture.pa.gov/Plants_Land_Water/PlantIndustry/NIPPP/Pages/Controlled-Plant-Noxious-Weed.aspx

Vermont VT

This rule established by the Agency of Agriculture, Food and Markets under the authority granted to the secretary at 6 V.S.A., Chapter 84, ‘Pest Survey, Detection and Management’, and 6 V.S.A., § 1 (a) (10) prohibits the movement, sale, possession, cultivation, and / or distribution plant material classified as a noxious weed.
“Class A Noxious Weed” means any noxious weed that is not native to the State, not currently known to occur in the State on the date of listing, and poses a serious threat to the State.”Class B Noxious Weed” means any noxious weed that is not native to the state, is of limited distribution statewide, and poses a serious threat to the State, or any other designated noxious weed being managed to reduce its occurrence and impact in the State, including those on the Federal Noxious Weed List (7 C.F.R. 360.200).
They are listed as: a) Aquatic and Wetland Weeds; b) Parasitic weeds; (c) Terrestrial weeds:
https://agriculture.vermont.gov/sites/agriculture/files/documents/PHARM/Plant_Pest/NoxiousWeedsQuarantine1.pdf

Washington WA

RCW 17.10 (Revised Code of Washington) is the state’s basic weed law. WAC Chapter 16-750 includes the state Noxious Weed List. The State’s Noxious Weed List is Organized into Three Classes of Weeds: Class A, B, and C. All Class A Noxious Weeds and many Class B and C noxious weeds are on the Quarantine List.
“It is illegal to transport, buy, sell, or trade any quarantined species. It is also illegal to distribute seed packets, flower seed blends, or ‘wildflower mixes’ that include these plants. Anyone who violates the quarantine restrictions is subject to a civil penalty of up to $5,000 per violation.”
https://www.nwcb.wa.gov/washingtons-noxious-weed-laws
Quarantine List https://www.nwcb.wa.gov/noxious-weed-quarantine-list

Class A = Non-native species that are limited in distribution in Washington. State law requires that these weeds be eradicated.Class B = Non-native species that are either absent from or limited in distribution in some portions of the state but very abundant in other areas. The goals are to contain the plants where they are already widespread and prevent their spread into new areas.Class C = Non-native plants that are already widespread. Counties can choose to enforce control, or they can educate residents about controlling these noxious weeds.
Washington https://cms.agr.wa.gov/getmedia/9e83eb5b-8131-48a9-9066-aa76f077a219/brochureprohibitedplants.pdf

Pacific Northwest Noxious Weed List https://depts.washington.edu/waipc/pnwnoxiousweedlist.shtml (Compares states and provinces)

Wisconsin WI

The invasive species rule, Wis. Admin. Code NR 40 identifies, classifies, and controls invasive species. Regulation includes the movement of invasive plants or their seeds, either intentionally through planting or unintentionally. The list: https://dnr.wi.gov/topic/invasives/documents/NR40plantlist.pdf The law: https://docs.legis.wisconsin.gov/code/admin_code/nr/001/40.pdf

Restricted species are also subject to a ban on transport, transfer and introduction, but possession is allowed https://dnr.wisconsin.gov/topic/invasives/classification.html
List https://dnr.wi.gov/topic/Invasives/documents/nr40lists.pdf

“Noxious weed” means Canada thistle, leafy spurge, field bindweed, any weed designated as a noxious weed by the department of natural resources by rule, and any other weed the governing body of any municipality or the county board of any county by ordinance or resolution declares to be noxious within its respective boundaries.” (66.0407 Noxious weeds.)