RULES AND REGULATIONS
DEPARTMENT OF AGRICULTURE
[7 PA. CODE CH. 110]
Noxious Weeds
[27 Pa.B. 1793] The Department of Agriculture (Department) adopts an amendment to § 110.1 (relating to noxious weed control list).
This amendment is made under authority of sections 3(b), 8 and 9 of the Noxious Weed Control Law (act) (3 P. S. §§ 255.3(b), 255.8 and 255.9) which, respectively, require the Department to establish a noxious weed control list, prescribe certain plants to be included on that list and empower the Department to adopt regulations necessary to implement the provisions of the act.
The amendment deletes Cichorium intybus (commonly known as chicory or succory or blue daisy) from the noxious weed control list and adds Lythrum salicaria (commonly known as Purple Loosestrife) to that list. In accordance with the act, this amendment has been reviewed and approved by the Noxious Weed Control Committee, an administrative board of the Department.
Cichorium intybus has great potential as a forage crop, and farmers have shown increasing interest in growing it. By contrast, Lythrum salicaria is a nonindigenous wetland plant that thrives in the absence of the insects and diseases that controlled it in Europe and Asia. It clogs waterways, crowds-out native plant species and decreases the population of animals that are dependent upon native plant species for survival.
Comments
Notice of proposed rulemaking was published at 26 Pa.B. 1558 (April 6, 1996), and provided for a 30-day public comment period.
The Legislative Director of the Pennsylvania State Grange offered the only comment with respect to the proposed amendment. This comment reiterated that group's historic support for the Department's effort to add Lythrum salicaria to the noxious weed control list.
Neither the appropriate Standing Committees of the House and Senate nor the Independent Regulatory Review Commission (IRRC) offered comments on the proposed amendment.
The final version of this regulation is identical to the proposed version.
Fiscal Impact
Commonwealth The final-form regulation will impose no costs and have no fiscal impact upon the Commonwealth.
Political Subdivisions The final-form regulation will impose no costs and have no fiscal impact upon political subdivisions.
Private Sector The final-form regulation will impose no costs and have no fiscal impact upon the private sector.
General Public The final-form regulation may impose some costs upon the owner of land infested with Lythrum salicaria if the Secretary, under authority of section 5 of the act (3 P. S. § 255.5), declares the land to be in a weed control area and orders weed control measures on the landowner's part.
Paperwork Requirements
The final-form regulation will not result in an appreciable increase in paperwork.
Contact Person
Further information is available by contacting the Department of Agriculture, Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, Pa. 17110-9408, Attention: Lyle B. Forer.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 27, 1996, the Department submitted a copy of the notice of proposed rulemaking to IRRC and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments received, as well as other documentation.
In preparing this final-form regulation, the Department has considered the comments received from IRRC, the Committees and the public.
This final-form regulation was deemed approved by the House Committee on February 18, 1997, was deemed approved by the Senate Committee on February 18, 1997, and was deemed approved by IRRC on February 20, 1997, in accordance with section 5(c) of the Regulatory Review Act.
Findings
The Department finds that:
(1) Notice of intention to adopt the amendment encompassed by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240)(45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and that the comments received were considered.
(3) The regulation meets the requirements of Executive Order 1996-1, ''Regulatory Review and Promulgation.''
(4) The adoption of this final-form regulation in the manner provided by this order is necessary and appropriate for the administration of the authorizing statute.
Order
The Department, acting under the authorizing statute, orders that:
(a) The regulations of the Department, 7 Pa. Code Chapter 110, are amended by amending § 110.1 to read as set forth in Annex A.
(b) The Secretary of Agriculture shall submit this order and Annex A, to the Office of General Counsel and to the Office of Attorney General for approval as required by law.
(c) The Secretary of Agriculture shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
CHARLES C. BROSIUS,
SecretaryFiscal Note: Fiscal Note 2-95 remains valid for the final adoption of the subject regulations.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 1215 (March 8, 1997).)
Annex A
TITLE 7. AGRICULTURE
PART V. PLANT INDUSTRY
CHAPTER 110. NOXIOUS WEEDS § 110.1. Noxious weed control list.
Under section 3(b) of the Noxious Weed Control Law (3 P. S. § 255.3(b)), the Noxious Weed Control Committee establishes the following noxious weed control list:
(1) Cannabis sativa, commonly known as marijuana.
(2) Lythrum salicaria, commonly known as purple loosestrife.
(3) Cirsium arvense, commonly known as Canada thistle.
(4) Rosa multiflora, commonly known as miltiflora rose.
(5) Sorghum halepense, commonly known as Johnson grass.
(6) Carduus nutans, commonly known as musk thistle.
(7) Cirsium vulgare, commonly known as bull thistle.
(8) Datura stramonium, commonly known as jimson weed.
(9) Polygonum perfoliatum, commonly known as mile-a-minute.
(10) Pueraria lobata, commonly known as kudzuvine.
(11) Sorghum bicolor cv. drummondii, commonly known as shattercane.
[Pa.B. Doc. No. 97-549. Filed for public inspection April 11, 1997, 9:00 a.m.]
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