PROPOSED RULEMAKING
[7 PA. CODE CH. 110]
Noxious Weeds
[26 Pa.B. 1558] The Department of Agriculture proposes to amend § 110.1 (relating to noxious weed control list). The amendment is proposed under the authority of sections 3(b)(8) and 9 of the Noxious Weed Control Law (act) (3 P. S. §§ 255.3(b)(8) and 255.9) which, respectively, require the Department to establish by regulation 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 act.
This proposed amendment would delete Cichorium intybus (commonly known as chicory or succory or blue daisy) from that list and adds Lythrum salicaria (commonly known as Purple Loosestrife).
The Noxious Weed Control Committee (Committee) was established under the act as an administrative board of the Department. The act vested the Committee with the responsibility to establish by regulation a noxious weed control list, and to add plants to that list or delete plants from that list following public hearing.
Deletion of Cichorium intybus from the list
Initially, it should be noted that the current regulation at § 110.1 misspells ''Cichorium.''
On March 6, 1986, the Committee held a public hearing at which it considered the question of whether Cichorium intybus should remain on the noxious weed control list.
Cichorium intybus has great potential value as a forage crop. In addition, farmers have shown an increasing interest in growing Cichorium intybus. At the public meeting on this subject, the Committee recommended that Cichorium intybus be deleted from the noxious weed control list and that the Department pursue the amendment to section 8 of the act (3 P. S. § 255.8) that would be a necessary prerequisite to deleting that plant from the noxious weed control list.
Act 71 of 1994 (effective July 7, 1994) amended section 8 of the act and deleted the requirement that Cichorium intybus appear on the noxious weed control list.
In light of the facts that: (1) the recent amendment to the act allows Cichorium intybus to be deleted from the noxious weed control list; (2) the Committee held a public hearing on this subject as required by the act; and 3) the Committee and the Department agree that there is no agricultural or commercial reason to leave Cichorium intybus on the noxious weed control list, and the Department proposes to delete that plant from § 110.1.
Addition of Lythrum salicaria to the list
On June 13, 1994, the Committee held a public hearing on the question of whether Lythrum salicaria should be added to the noxious weed control list. Lythrum salicaria is a wetland plant indigenous to Europe and Asia, but has found its way into wetlands in the United States. This plant 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.
As a result of the June 13, 1994, public hearing, the Committee directed that Lythrum salicaria be added to the noxious weed control list.
The proposed amendment would update the noxious weed control list to reflect the recently-discovered benefits of Cichorium intybus and the increasing potential for harm to property caused by Lythrum salicaria.
Fiscal Impact
Commonwealth
The proposed amendment would impose no costs and have no fiscal impact upon the Commonwealth.
Political Subdivisions
The proposed amendment would impose no costs and have no fiscal impact upon political subdivisions.
Private Sector
The proposed amendment would impose no costs and have no fiscal impact upon the private sector.
General Public
The proposed amendment 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 that land to be in a weed control area and orders weed control measures on the landowner's part.
Paperwork Requirements
The proposed amendment would not result in an appreciable increase in paperwork.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed amendment on March 27, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs. In addition to the proposed amendment, the Department provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has an objection to any portion of the proposed amendment, it must notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the proposed amendment, by the Department, the General Assembly and the Governor of the objections raised.
Contact Person
Interested persons are invited to submit written comments regarding the proposed amendment within 30 days following publication in the Pennsylvania Bulletin. Comments may be submitted to the Department of Agriculture, Bureau of Plant Industry, 2301 North Cameron Street, Harrisburg, PA 17110-9408, Attention Lyle B. Forer.
Effective Date
The proposed amendment will become effective upon final adoption.
CHARLES C. BROSIUS,
SecretaryFiscal Note: 2-95. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART V. BUREAU OF 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:
* * * * * (2) [Chichorium intybus, commonly known as chicory or succory or blue daisy.]
Lythrum salicaria, commonly known as purple loosestrife.
(3) Cirsium arvense, commonly known as [Canadian] Canada thistle.
* * * * * (5) [Sorthum] Sorghum halepense, commonly known as Johnson grass.
* * * * * (10) [Puerria] Pueraria lobata, commonly known as kudzuvine.
* * * * *
[Pa.B. Doc. No. 96-533. Filed for public inspection April 5, 1996, 9:00 a.m.]
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