                                 CODE OF VIRGINIA

POWERS AND DUTIES OF BOARD; QUARANTINE (§ 3.2-802)

A. The Board shall establish by regulation, after a public hearing, those weeds
deemed to be noxious weeds not otherwise so declared by the terms of this
chapter. Prior to designating a living plant or part thereof as a noxious weed,
the Board shall review the recommendations of an advisory committee established
by the Commissioner to conduct a scientific risk assessment of the proposed
plant. The assessment shall include the degree to which the plant is detrimental
to crops; surface waters, including lakes; other desirable plants; livestock;
land or other property; public health; the environment; and the economy. The
advisory committee shall also include in its recommendations to the Board an
analysis of the current and potential in-state commercial viability of the
specific plant species and the economic impact on industries affected by the
designation of the plant as a noxious weed.

B. The Board may establish a statewide quarantine and adopt regulations
pertaining to regulated articles and conditions governing movement, under which
the Commissioner shall proceed to eradicate or suppress and prevent the
dissemination of noxious weeds in the Commonwealth, and shall adopt other
regulations as are necessary to carry out the purpose of this chapter. The Board
may adopt regulations governing the conditions under which a permit is required
to move, transport, deliver, ship, offer for shipment, sell, or offer for sale
into or within the Commonwealth any noxious weed or part thereof. The Board may
adopt regulations governing the movement of regulated articles entering the
Commonwealth from without. Following the establishment of a quarantine, no
person shall move any noxious weed or any regulated article described in the
quarantine from any regulated area without a valid permit or certificate, if
required.
			Subsequent to the declaration of a quarantine by the Board, the Commissioner
shall limit the application of the regulations pertinent to such quarantine to
the infested portion of the Commonwealth and appropriate environs, which would
be known as the regulated area and may, without further hearing, extend the
regulated area to include additional portions of the Commonwealth upon
publication of a notice to that effect in a newspaper distributed in the
extended area or by direct written notice to those concerned.

C. The Board shall develop and adopt regulations requiring tradespersons
involved with proposing or installing plants to provide written notification to
property owners for all plants proposed for installation that are included on
the list of invasive plants established in &#xA7; 10.1-104.6:2.

HISTORY: 1970, c. 175, § 3.1-296.14; 2008, c. 860; 2016, c. 171; 2023, c. 153.