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News from VNLA

Legislative Update

The 2025 General Assembly Session began on Monday, January 14, following a brief pause due to the water crisis in the City of Richmond and adjourned Saturday, February 22. Legislators will return April 2 for the Reconvened Session, more commonly known as “Veto” Session, a one-day session to consider all amendments and vetoes sent down from the Governor.

Upon adjournment of the 2025 Virginia General Assembly, Speaker of the House Don Scott called for a Special Session on a date to be specified to address the recent federal actions, impacting federal jobs and spending reductions. VNLA will of course provide updates as items impact the green industry.

The Virginia Nursery and Landscape Association (VNLA) remains committed to uniting the green industry and advocating on your behalf before the Virginia General Assembly. We actively track legislation that impacts our industry and work to ensure your interests are represented.

Among the hundreds of bills under consideration, the VNLA remained highly focused on the return of the invasive species retail sales legislation. During the 2024 General Assembly, the VNLA successfully negotiated compromise language on this legislation, only for it to be vetoed by Governor Youngkin. We continued to monitor developments closely and advocate for a balanced solution. A summary of key bills is included below.

Invasive Species, Retail Sales

This year’s House Bill 1941 and Senate Bill 1166 require, for the retail sale of certain invasive plant species for outdoor use, a retail establishment to post in a conspicuous manner on the property located in proximity to each invasive plant signage identifying such plant as invasive, educating consumers regarding invasive plant species, and encouraging consumers to ask about alternatives. The bill requires the Commissioner of Agriculture and Consumer Services to designate the format, size, and content of such signage no later than October 1, 2025, and requires the Commissioner to issue a stop sale order and mark or tag a plant in a conspicuous manner when an invasive plant is for sale at a retail establishment without appropriate signage. In such case, the bill requires the Commissioner to give written notice of a finding made to the owner, tenant, or person in charge of such retail establishment and requires the stop sale order issued to remain in effect until the required signage is posted.

As previously stated, the VNLA participated in discussions throughout last year’s session and in the off session with stakeholders to come up with a compromise bill.

We recognize the importance of educating consumers regarding ALL plants, including those on the DCR invasive plant list for outdoor use, and encouraging consumers to learn about alternative plants to explore.

These bills remove the $500 civil penalty that was included last year.

Both bills specify individual plants from the DCR invasive species plant lists rather than referencing the entire list.

The bills also allow for the Commissioner of Agriculture and Consumer Services to work with the Virginia Invasive Species Working Group to designate the format, size, and content of signage used to identify the plant as invasive on the DCR list.

The group will work to do so by October 1, 2025.

Both bills also include a delayed enactment date of January 1, 2027, as a result of the feedback from our membership. VNLA advocated for this delayed enactment date to accommodate the growing season for our members who have made investments and growing decisions.

Finally, VNLA engaged in discussion surrounding non-fertile cultivars and the invasive plant species which are enumerated in the legislation.

The VNLA expresses our appreciation to Del. Seibold, Sen. Salim and our fellow stakeholders for working together to find a product we can all support and looks forward to this legislation moving through the legislative process.

House Bill 1941 and Senate Bill 1166 are now on their way to the office of Governor Youngkin. The Governor has until March 24th to take action on all pieces of legislation, including House Bill 1941 and Senate Bill 1166, which passed this session. “Veto” Session is scheduled for April 2, 2025. •

Invasive Species, Rights-of-Way

House Bill 2464 requires the Commonwealth Transportation Board to establish and implement a policy for identifying, digging up, and destroying any invasive plant on the list of invasive plants created by the Department of Conservation and Recreation on any state highway right-of-way.

The VNLA was supportive of this legislation, which would have removed invasive plant species from state highway rights-of-way and was willing to lend its expertise to aid the Commonwealth Transportation Board in creating a policy no longer to plant invasive species along highway rights-of-way. However, the bill failed to progress past subcommittee. •

Fire Ant Quarantine

The VNLA sent an email to all mem bers with information from the Vir ginia Department of Agriculture and Consumer Services (VDACS) upcoming expansion the Virginia Imported Fire Ant Quarantine in May 2025. The counties of Ches terfield, Lee, Nottoway, Pittsylva nia, Prince George, and Surry and the independent cities of Colonial Heights, Danville, Hopewell, and Petersburg will be added to the reg ulated areas under the Virginia Im ported Fire Ant Quarantine.

You may recall the first fire ant infes tation was detected in the Common wealth of Virginia in 1989. In 2009, the fire ant quarantine was estab lished in Virginia and included much of the tidewater area. From 2017 to 2022 survey data indicated fire ants were spreading, and the quarantine was expanded in 2019 and again in 2022. The current quarantine covers 12 counties and 11 independent cit ies in the southeast and central part of the state.

See the VDACS notice regarding the expanded fire ant quarantine and a map indicating where the quarantine bounds will be expanded to in late May of 2025.

For more information regarding the Imported Fire Ant, visit:

https://tinyurl.com/va-fire-ant-quarantine

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