The various Acts and Regulations that pertain to the sale or transport of seed consisting of or containing noxious weeds are summarized below:
Michigan law regulates the sale, advertising, or transport of certain noxious weeds. Noxious weed seeds are generally considered to be serious nuisances or economically detrimental and are divided into two categories. Prohibited noxious weed seed cannot be sold or transported in the state. Restricted noxious weed seeds are only permitted when strict limits on the percentage or number of such seeds found in any lot of seed are observed.
The number of restricted noxious weed seeds that may be found in any particular lot of seed is limited to 1 seed of any or all of the restricted noxious weed seeds to 2,000 seeds of the seed sold, offered, exposed, or transported for sale, except that for buckhorn and yellow rocket, the limit shall be 1 seed to 1,000 seeds of the seed sold, offered, exposed, or transported for sale.
A complete list of the prohibited and restricted noxious weed seeds covered by Regulation 715 follows:
If present in a lesser ratio, the seed consisting of or containing the restricted noxious weeds may be sold, provided that the name of the restricted noxious weed(s) must be named on the tag together with the number of the restricted weed seeds per pound, unless they are buckhorn or yellow rocket. If the restricted noxious weeds are either of these, they need not be shown on the tag unless they exceed 90 seeds per pound.
The following is a federal statute defining the term “noxious weeds” and such seeds:
(iii) by the rules and regulations of the Secretary of Agriculture under this Act [7 USCS §§ 1551 et seq.], when after investigation he shall determine that a weed is noxious in the United States or in any specifically designated area thereof. (7 USCS § 1561)
(ii) by the law or rules and regulations of Puerto Rico, Guam, or the District of Columbia, into which transported, or District of Columbia in which sold; or
2. It affects the area and is more harmful.
3. The management and eradication of the weed is feasible both economically and physically.
A noxious weed is an invasive species of a plant which is designated as harmful to agricultural crops, ecosystems, or humans or livestock. Most of the noxious weeds have been introduced into an ecosystem by ignorance, or by way of accident. However, some of them are native. Noxious weeds greatly affect agricultural areas, forest management, natural and other open areas. The legal designation of noxious weed for a plant species can use the following criteria:
4. The harmful impact of the weed exceeds the cost of its control.
Published April 2, 2010
This is an eOrganic article and was reviewed for compliance with National Organic Program regulations by members of the eOrganic community. Always check with your organic certification agency before adopting new practices or using new materials. For more information, refer to eOrganic’s articles on organic certification.
This publication contains information about the various state labeling requirements and prohibitions of noxious-weed seeds and shows the botanical names and common names according to the law and regulations of the particular state in which the seed is noxious. It is the responsibility of seed dealers to know the requirements of state laws and the changes in those laws.
Common Prohibited and Restricted Noxious Weed Seeds
This is a list of prohibited and restricted noxious weeds species commonly found in vegetable seed lots. This is not a list of all noxious weed species. For current state noxious weed seed regulations as legislated by the Federal Seed Act, see the Agricultural Marketing Service’s 2008 State Noxious-Weed Seed Requirements Recognized in the Administration of the Federal Seed Act publication.
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