Details of APHIS Final Rule Updating Its Noxious Weed Regulations

(See ITT’s Online Archives or 11/09/10 news, 10110931, for initial BP summary.)

Adds Seven Taxa to Noxious Weeds List to Prevent Their Introduction

The final rule adds seven taxa to the list of terrestrial noxious weeds and to the list of seeds with no tolerances applicable to their introduction.¹ Among other things, this means that the following may not be imported into the U.S. or moved interstate except with a permit:

1. Acacia nilotica (Linnaeus) Wildenow ex Delile (gum arabic tree, thorny acacia). The potential pathways for the introduction of A. nilotica into the U.S. include ornamental seed shipments, sale of seeds for medicinal purposes, and intentional importation in passenger baggage. A. nilotica occurs in Puerto Rico and the Virgin Islands, and may also be in Hawaii.
2. Ageratina riparia (Regel) R.M. King and H. Robinson (creeping croftonweed, mistflower). A. riparia has been introduced as a contaminant in ornamental and agricultural material and is both an agricultural and environmental weed. A. riparia is a serious weed in Africa, India, Indonesia, Papua New Guinea, Southeast Asia, Australia, New Zealand, Jamaica, Hawaii, and Madagascar.
3. Inula britannica Linnaeus (British elecampane, British yellowhead). Initially detected in Michigan in nurseries with hosta imported from the Netherlands.
4. Euphorbia terracina Linnaeus (false caper, Geraldton carnation weed). In Western Australia, E. terracina is a serious weed of grazing land.
5. Arctotheca calendula (Linnaeus) Levyns (capeweed). It is a flat, stem-less or short-stemmed, spreading, rosette-forming annual (or perennial in areas with frost-free climates). It is currently present in California. APHIS does not state its origin.
6. Onopordum acaulon Linnaeus (stemless thistle). Found in roadsides, wastelands, cultivated land, and pastures. APHIS does not state its origin.
7. Onopordum illyricum Linnaeus (Illyrian thistle) Found in natural areas, disturbed sites, roadsides, fields, and sites with fertile soils. APHIS does not state its origin.

Clarifies that Niger Seed, Typically Imported as Birdseed, Must be Heat Treated

The final rule adds a new section 7 CFR 360.400 to clarify that imported seeds of Guizotia abyssinica (niger seed), which is not itself a noxious weed, must be heat treated for noxious weed seeds as laid out in the nursery stock regulations under 7 CFR 319.37-6. APHIS is adding this clarification because most niger seed is not imported for use as nursery stock, but as birdseed, and importers may not know to look under in the nursery stock regulations.

Adds Details on Permits, Petitions, New Definitions

In addition, the final rule adds: (i) details on the process of applying for permits used to import or move noxious weeds, especially on denial and cancelation of permits; (ii) provisions for petitioning to add a taxon to or remove a taxon from the noxious weed lists; and (iii) definitions of terms used in the noxious weeds regulations, including: Administrator, APHIS, interstate, move, noxious weed, permit, person, responsible person, State, taxon (taxa), through the United States, and United States.

¹The Plant Protection Act, as amended, authorizes the Secretary of Agriculture to prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of a plant pest or noxious weed into the U.S.

In addition, Title III of the Federal Seed Act of 1939, as amended, requires shipments of imported agricultural and vegetable seeds to be labeled correctly and to be tested for the presence of the seeds of certain noxious weeds as a condition of entry into the U.S.

APHIS contact - Alan Tasker (301) 734--5225

(D/N APHIS-2007-0146, FR Pub 11/10/10)