The following is a summary of New York State’s REGULATIONS ON INVASIVE SPECIES (6 NYCRR Part 575), which took effect March 10, 2015.
Download the DEC/Ag & Markets approved label templates for the labeling of regulated species:
6 NYCRR Part 575 PROHIBITED SPECIES LIST
Prohibited species of commercial importance:
- Acer pseudoplatanus
- Berberis thundbergii (one year grace period starting March, 2015)
- Eleagnus umbellate
- Iris pseudacorus
- Lonicera japonica and tatarica
- Lythrum salicaria
- Phellodendron amurense
- Phyllostachys aurea
- Phyllostachys aureosulcata
- Rosa multiflora
- Vitex rotundifolia
Regulated species of commercial importance:
- Acer platanoides
- Clematis terniflora
- Euonymous alatus
- Euonymous fortune
- Miscanthus sinensis
- Robinia pseudoacacia
CONDITIONS FOR SELLING REGULATED SPECIES
FOR RETAIL/WHOLESALE SALE: prominent label with the words “Invasive Species-Harmful to the Environment” in at least 14-pt bold type must be attached to the plant. The label design must be approved by the Dept. of Ag and Markets and shall offer alternative non-invasive species as well as instructions to care for the plant so as to prevent its spread by being introduced into a “free-living” state.
FOR LANDSCAPE INSTALLATION: when supplying or planting a regulated species the consumer must receive written notification with the common and scientific name of the regulated plant(s) followed by the words “Invasive Species-Harmful to the Environment” in at least 14-pt bold type. The notice shall offer alternative non-invasive species as well as instructions to care for the plant so as to prevent its spread by being introduced into a “free-living” state.
PETITIONS TO ADD OR REMOVE SPECIES FROM THE INVASIVE SPECIES LIST
A person may petition the Dept. to have a species added to or removed from the list. Specific instructions and criteria are listed in the full regulation.
EXEMPTIONS FROM THE REGULATION
EXEMPT, if the person transports, possesses, etc. an invasive unknowingly or accidentally
EXEMPT, if the person is possessing or transporting an invasive for purpose of control, management or disposal
EXEMPT, if the person transports etc. an invasive cultivar that meets these criteria:
a. The cultivar’s parent reproduces sexually, not vegetatively
b. The cultivar does not revert to the characteristics of the invasive parent
c. The cultivar is completely sterile or has no reproductive parts
d. Modeling proves that the cultivar is unable to establish in natural areas
e. The Dept. will publish a list of cultivars meeting the above criteria in the Dept. of Ag and Markets Bulletin
EXEMPT, if the person is authorized by a permit issued by the Dept. of Ag and Markets
INVASIVE SPECIES PERMITS
A person may apply to the Dept. for a permit to sell, import, transport, possess an invasive species. Specific instructions and criteria are listed in the full regulation.
PENALTIES AND ENFORCEMENT
Jurisdiction for enforcement of this law is the Department of Ag and Markets. The Dept. shall inspect registered growers and dealers of plant material pursuant to existing law for compliance with these regulations. Violations will be referred to the DEC for assessment of penalties.