Notification of Rulemaking Activity
The Washington State Dept. of Agriculture (WSDA) has moved forward with rulemaking to amend chapter 16-752 WAC, Noxious Weed Seed & plant Quarantine, by filing a CR-102 with the Office of the Code Reviser on May 7, 2025.
Overview of Rulemaking
As a result of multiple petitions received, the department is proposing adding additional species to the noxious weed seed and plant quarantine, which would prohibit their sale and distribution.
These species include:
- Common (English) Ivy (Hedera helix);
- Atlantic/Boston Ivy (Hedera Hibernica);
- Spotted Touch Me Not (Impatiens capensis);
- Cape Pondweed (Aponogeton distachyos);
- Hanging Sedge (Carex pendula, Carex pendula subsp. pedula and Carex pendula subsp. agastachys);
- Green Alkenet (Pentaglottis sempervirens);
- Common Fennel (Foeniculum vulgare (except bulbing fennel, F. vulgare var. azoricum));
- European Coltsfoot (Tussilago farfara);
- Herb-Robert (Geranium robertianum);
- Houndstongue (Cynoglossum officinale);
- Sulfur Cinquefoil (Potentilla recta);
- Wild basil/basil savory (Clinopodium vulgare);
- Yellow Nutsedge (Cyperus esculentus);
- Camelthorn (Alhagi maurorum);
- Russian Knapweed (Rhaponticum repens);
- Puncturevine (Tribulus terrestris);
- Rough Chervil (Chaerophyllum temulum); and
- Turkish Thistle (Carduus cinereus).
The department proposes adding Palmer's Amaranth (Amaranthus palmeri) to the noxious weed seed and plant quarantine. The department also proposes clarifying that the Daucus carota subspecies sativus, is not included in the noxious weed seed and plant quarantine.
The intrusion into this state of non-native, invasive weed species continues to be a concern. The spread of these weeds presents a risk to the economic well-being of the agricultural, forest, horticultural, and floricultural industries, and the environmental quality and natural resources of the state. Several of the plant species being considered are transported and sold within the state of Washington both as nursery plants and as seeds in packets. The subsequent "escape" of these plants has been a documented source of several infestations and has resulted in large public and private expenditures by landowners and land managers, weed boards, and weed districts to control. Initiating quarantines forbidding entry or distribution of weed species may be critical for their exclusion or control.
Some of the candidate species are either already listed or are being considered for listing as a noxious weed in chapter 16-750 WAC, the State Noxious Weed List. Being listed as a noxious weed allows counties to enforce control if it is deemed necessary and sometimes requires control. Being listed as a noxious weed on the State Noxious Weed List doesn’t prohibit its sale, allowing consumers to buy a plant species that the state or county may require them to remove. Adding a plant species to the Noxious Weed Seed and Plant Quarantine would prevent this from happening.
Documents Related to Rulemaking
The CR-102 and proposed rule language are attached through the button below. Please click to view documents.
Participate in the Rulemaking Process
Stakeholder feedback is a vital component in the rule making process. We invite you to participate by submitting either oral or written comments as instructed below.
The department will hold a public hearing to receive oral comments regarding the proposed amendments on:
Written comments can be submitted in the following ways:
By mail to:
Gloriann Robinson, Agency Rules Coordinator
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By email to:
WSDARulesComments@agr.wa.gov
By fax to:
(360) 902-2092
Attention: Gloriann Robinson
The deadline for submitting written comments is 5:00 PM, June 24, 2025
Agency Personnel Responsible for Proposed Rule
Please contact Scott Brooks to discuss implementation and enforcement of the amended rule.
By mail:
Scott Brooks, Plant Services Program Manager
Plant Protection Division
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By phone: (360) 485-1235
By email: Scott.Brooks@agr.wa.gov
For more information regarding WSDA’s rule making activities, please contact:
Gloriann Robinson, WSDA Agency Rules Coordinator
wsdarulescomments@agr.wa.gov
PO Box 42560,
Olympia, WA 98504
(360) 902-1802
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