The Maryland Department of Agriculture is accepting comments on the proposed regulations through June 16. See bottom of post for the contacts.

The Maryland Department of Agriculture (MDA) has released proposed regulations to implement 2024’s HB979/SB915 Biodiversity and Agriculture Protection Act (the invasive plant bill ). These regs propose extending the phase-out period for nurseries to sell off existing stock of invasive plants placed on the Prohibited List from 2 years to 5 years for  plants grown in-ground, and from 1 year to 2 years for all other plants.

Background

Though we successfully passed legislation in 2024 to update Maryland's invasive plant law, regulations published in the Maryland Register give further details on how the law will be implemented. The regulations written after the passage of the original 2011 law specified that nurseries would have a phase-out period to sell off existing plant stock once a plant had been placed on the Prohibited List. That phase-out period was set at 2 years for woody plants grown in-ground and one year for all others. This reasonable phase-out period was accepted by the nursery industry and was not brought up as an issue during negotiations on the 2024 legislation.

Legislation passed in 2022 (HB15/SB7) specified that all plants listed in Plant Invaders of Mid-Atlantic Natural Areas would go through the assessment protocol to determine if they should be added to the Prohibited List. Nurseries have had 3 years since that legislation to work on alternatives to any of these invasive plants in their inventories.

Additionally, during negotiations on the 2024 legislation, the nursery industry asked that the 13 Tier 2 plants be reassessed to verify their invasiveness.  We added compromise language to the legislation giving MDA until the end of 2025 to assess these plants. This change gives the nurseries an extra 2+ years to find alternatives for these species.

The ASK

• In the prior regs, the time period that nurseries had to sell off existing stock after an invasive plant was placed on the Prohibited List was reasonable and worked for the nursery industry and consumers for over 10 years.
• Lengthening the phase-out period to 5 years for in-ground invasive plants  (from 2 years) and to 2 years (from 1 year) for all other invasive plants is harmful to consumers and the environment.
• Nurseries have already had 3 years since the passage of 2022 legislation specifying which invasive species MDA would be assessing. Then, in the 2024 legislation, the nurseries were given additional time to sell off plants previously assessed as invasives requiring “caution” signage.
• Extending the phase-out period undermines the intent of HB979/SB915.
• We/I ask that there be NO change to the phase-out period that allows nurseries to continue to sell invasive plants once they have been prohibited.

How to submit comments to the Maryland Department of Agriculture

The Maryland Department of Agriculture is accepting comments on the proposed regulations through June 16. Please submit your comments by email or phone to Kimberly Rice, Program Manager for Plant Protection & Weed Management at MDA. If you send an email, copy Kevin Atticks, Secretary of Agriculture, and Rachael Jones, Director of Legislation and Government Relations at MDA.

Kimberly Rice, Program Manager, Plant Protection & Weed Management
kimberly.rice@maryland.gov
410-841-5920

Kevin Atticks, Secretary of Agriculture
kevin.atticks@maryland.gov
410-841-5880

Rachel Jones, Director, Legislation and Government Relations
rachel.jones2@maryland.gov
410-841-5886

To read the full proposed regulations:

https://dsd.maryland.gov/MDRIssues/5210/Assembled.aspx#_Toc198043818

Thank you for advocating for responsible invasive plant laws in Maryland!