The Commissioner of the Department of Agriculture and Markets is directed, under Section 9-1705 of the Environmental Conservation Law, to serve as Co-Chair for the NYS Invasive Species Council. The Division of Plant Industry has been delegated the responsibility to provide direction and assist with Council activities.
Additionally, the USDA requires permits for the importation and/or interstate movement of federal noxious weeds - aquatic and wetland, parasitic, and terrestrial- under the authority of 7 CFR 360. States are provided the opportunity to accept or reject several of the listed species depending on unique climate, resource, and/or crop concerns. Currently, the Department is rejecting the specific species that have been identified through the Invasive Species Council's preliminary list of species of concern.
In July of 2012, Governor Cuomo signed legislation that directed the Departments of Agriculture and Markets and Environmental Conservation to cooperatively develop regulations aimed at controlling the spread of invasive species in New York State. These regulations were adopted on July 28, 2014 and took effect on March 10, 2015.
In addition, there are certain cultivars that are exempt from the regulation. The list of exempt cultivars can be found on the regulation page.
The most recent meeting of the New York Invasive Species Council took place on October 1, 2020. A recording of the meeting is available here.
Prohibited and Regulated Plants
The list of 69 prohibited plants and six regulated plants will be of particular interest to plant growers, plant dealers, and others that are involved in the green industry. View the informational list of the prohibited and regulated plants below. Additionally, learn more about exempt cultivars.
There are six plants which are considered regulated as of March 10, 2015. These are Acer platanoides (Norway Maple), Clematis terniflora (Japanese Virgin’s Bower),Euonymus alatus (Burning Bush), Euonymus fortunei (Winter Creeper), Miscanthus sinensis (Chinese Silver Grass), and Robinia pseudoacacia (Black Locust). These plants must carry in 14 point font the following warning statement: INVASIVE SPECIES - HARMFUL TO THE ENVIRONMENT.
View an example label that meets or exceeds the requirements of part 575: