2022 state noxious weed seed requirements

Virginia Law

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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture And Consumer Services
Chapter 390. Rules and Regulations for the Enforcement of the Virginia Seed Law

2VAC5-390-20. Noxious weed seeds.

Noxious weed seeds as defined in the Virginia Seed Law, Article 1 (§ 3.2-4000 et seq.) of Chapter 40 of Title 3.2 of the Code of Virginia are divided into two classes:

A. Prohibited noxious weed seeds are:

Balloonvine – Cardiospermum halicacabum

Canada thistle – Cirsium arvens

Field Bindweed – Convolvulus arvensis

Johnsongrass, Sorgrass and, Sorghum almum, and hybrids derived therefrom – Sorghum spp. – Perennial

Plumeless thistles, which includes Musk thistle, and Curled thistle – Carduus spp.

Quackgrass – Agropyron repens

Serrated tussock – Nassella trichotoma

Sicklepod – Cassia tora

B. Restricted noxious weed seeds are:

1. Restricted noxious weed seeds for agricultural and vegetable seed, except for lawn and turf seed and mixtures thereof, shall be prohibited from sale for seeding purposes if the number per ounce or per pound of such noxious weed seed found exceeds the limitations allowed for each. Such weed seeds and limitations shall be:

Wild onion bulblets and wild garlic bulblets – Allium spp.

5 per ounce or 80 per pound for orchardgrass; 2 per ounce or 32 per pound for other kinds

Dodder – Cuscuta spp.

4 per ounce or 64 per pound

Wild mustard – Brassica spp. – includes species when incidentally occurring in agricultural seed, provided that species listed in 2VAC5-390-50 and 2VAC5-390-90 may be sold as such when labeled as required.

5 per ounce all or 80 per pound

Giant foxtail – Setaria faberi

4 per ounce or 64 per pound

Radish – Raphanus spp.

1 per ounce or 16 per pound

2. Restricted noxious weed seeds for lawn and turf seed and mixtures thereof. Those kinds listed below shall be restricted noxious weed seeds and shall be declared on the label under the heading “Noxious weed seeds” or “Undesirable grass seed” according to § 3.2-4008 J 5 when present in bentgrasses, Kentrucky bluegrass, chewings fescue, red fescue, hard fescue, varieties of perennial ryegrass, varieties of named turf type tall fescue, and/or mixtures containing these grasses. Such weed seeds are:

**Bentgrasses (creeping, colonial, velvet)

**Bermudagrass, Giant bermudagrass

**May be included as a labeled component of a mixture when in excess of 5.0% of the whole.

NOTE – EXEMPTIONS – This chapter does not apply to restricted noxious weed seeds in grasses or mixtures clearly labeled for pasture, forage, hay, or spoilbank reclamation usage.

§ 3.2-4001 of the Code of Virginia.

Derived from VR115-04-09 § 2, eff. November 13, 1985; amended, Virginia Register Volume 2, Issue 4, eff. December 24, 1985; Volume 2, Issue 17, eff. June 25, 1986; Volume 3, Issue 1, eff. November 12, 1986; Volume 7, Issue 7, eff. January 31, 1991; Volume 25, Issue 11, eff. March 4, 2009; Errata, 25:13 VA.R. 2566 March 2, 2009.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader’s convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.

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