DEPARTMENT OF AGRICULTURE

Washington agriculture, environmental quality and natural resources, including waters and wetlands, are threatened by nonnative, aggressive species of noxious weeds. A number of these noxious weeds are transported and sold within the state of Washington both as nursery plants and as seeds in packets of flower seeds or "wildflower mixes." Subsequent "escape" of these ornamentals has been a documented source of a number of infestations and has resulted in large public and private expenditures by landowners and land managers, weed boards, and weed districts and the department of agriculture to achieve the control mandated in chapter 17.10 RCW. The director of agriculture, pursuant to the powers provided in chapters 17.10 and 17.24 RCW, finds that regulation of the sale of these seed packets and plants is necessary to protect Washington agriculture and natural resources and to prevent public and private costs of control.

The area under the noxious weed seed and plant quarantine for regulated articles includes all counties within the state of Washington and all states, territories, and districts of the United States.

All plants, plant parts, and seeds in packets, blends, and "wildflower mixes" of the following listed species are designated as regulated articles under the terms of this noxious weed seed and plant quarantine:

This list is comprised of the most recent and accepted scientific and common names of the quarantine plant species. Regulated status also applies to all synonyms of these botanical names and interspecies hybrids if both parents are regulated species.

It is prohibited to transport, buy, sell, offer for sale, or to distribute plants or plant parts of the regulated species listed in WAC 16-752-610 into or within the state of Washington or to sell, offer for sale, or distribute seed packets of the seed, flower seed blends, or wildflower mixes of these regulated species into or within the state of Washington.

The prohibition on transporting of plants and plant parts established in WAC 16-752-620 does not apply to plants or plant parts collected for herbariums, research in control methods, creation of pressed specimens, or for educational or identification purposes and other scientific activities, as long as all such activities are conducted in such a manner as to prevent infestation. In addition, plants or plant parts may be transported, as a part of a noxious weed control activity, to a sanitary landfill, to be burned, or otherwise for disposal under the ((supervision)) guidelines of a noxious weed control agency.

The director may allow ((the movement of materials, otherwise prohibited,)) activities prohibited under this chapter by ((special permit)) compliance agreement. Such ((permit)) compliance agreement shall specify the terms and conditions under which ((movement is)) such activities are allowed. A fee may be charged for these services under chapter 16-470-WAC.

Any plants, plant parts, or seed packets transported, bought, sold, or offered for sale in violation of ((WAC 16-752-600 through 16-752-650)) this chapter are subject to destruction or shipment out-of-state or other disposition in a manner prescribed by the director to prevent infestation. Any such action will be at the expense of the owner or the owner's agent and without compensation.

Any person who violates the terms of ((the noxious weed quarantine, as provided in WAC 16-752-600 through 16-752-650,)) this chapter or who aids or abets in such violation, shall be subject to the civil and/or criminal penalties provided in chapter 17.24 RCW.