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STATE INVASIVE LAWS
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By Bob Heffernan
Executive Director
Connecticut Green Industries

The invasive plants debate in New England has had a big impact on the green industry.  

So far, Connecticut, Maine and New Hampshire are deep into regulating invasive plants, with “bans” and penalties for growing and shipping.  Massachusetts state government will order plant phase-outs over the next three years.

Connecticut’s legislature has passed four laws banning a total of 80 plants.  The laws forbid importation, moving, selling, purchasing, transplanting, cultivating or distributing the plants.  Over the objections of the green industry, our legislature attached fines of up to $100 per plant for violations.

Another 15 plants on the state’s invasive plant list—which have not yet been banned—are worth around $20 million in annual sales to Connecticut’s nursery growers, garden centers, greenhouses, florists, and landscapers.  These are popular plants such as Norway maples, barberry, euonymus (burning bush), and even Star of Bethlehem, used by florists as a cut flower.   Click on Economic Impacts.

Connecticut’s green industries have argued that banning plants accomplishes very little.   The spread of these plants is caused 95% or more of the time by natural forces: wind and birds spreading seeds across state borders, and innocence of humans who like the plants and can get them anywhere.  

We’ve argued that public education works best in controlling invasives, telling gardeners that a particular plant should be avoided.  But public ed takes time and money.  So until 2007, the Connecticut legislature was willing to ban plants—which costs the state little—but not willing to appropriate any state funds for education.  Unfortunately, plant bans target the green industry, but we’re not the real cause of the problem.  The green industry worked with the invasive plant movement to convince the state legislature to finally appropriate $1 million over the 2008-2009 fiscal years for invasive plants.

A big issue is whether invasive policy is managed statewide or locally. Sadly, In Connecticut, our 169 towns could be allowed to ban plants, which could quickly escalate out of control and cause chaos in green industry business that cuts across multiple town lines. Connecticut’s green industry believes towns should not be banning plants—this power should be held at the state level.

Missing from the invasive plants debate is any discussion of exactly whether these plants are a danger, or a threat, or a mere nuisance.  Few people from the general public or the green industry see the imminent danger from most of the so-labeled invasive plants.  Early on, we agreed that some aquatic plants were indeed dangerous, such as milfoil or water chestnut, which can choke a lake in a season.  

Basically, if a plant makes the invasive list, the political forces behind the invasive plant movement want that plant banned along with all its varieties and cultivars.  And they are targeting non-native plants as their enemy.  If a plant is considered native, but it’s invasive, then that’s acceptable.

Also at stake in the invasive debate is the critical issue of cultivars of these plants.  Connecticut’s green industry agrees that green barberry is a problem, but our burgundy cultivars such as Crimson Pygmy and Rosy Glow do not appear to spread as much.  We’ve taken the position that all plants behave differently.  Invasive plant movement leaders oppose our view, stating that if the species is considered invasive, then all plants within that species must be banned.  Ongoing research at the University of Connecticut, expected to take about two-to-five years, will answer the question of just how invasive cultivars really are.

From the beginning, the green industry has been involved in the invasive issue.   But the stark political lesson from Connecticut is this:  when the forces of the invasive plant movement lose their patience with the pace of the green industry, they will seek to push laws through a legislature.  

The invasive plants issue is often hyped and exaggerated.  In hearings before the Connecticut Council on Environmental Quality years ago, I disputed a draft report ranking invasive plants as the “number two” environmental problem in our state.  

The role of the green industry in this debate is to provide balance and perspective, and to remind everyone that the green industry has done more to improve and beautify the environment than anyone else.  We are not the “biological polluters” that some have claimed we are.    

We must continue to insist that science reign in this debate, and that officials consider the economic impact to the green industry before banning profitable plants out-of-hand.  

It’s important that the green industry not be alienated here.  If there’s any chance of an effective and successful public strategy in controlling invasive plants, our industry must be intimately involved, because we are the people who provide plants to consumers.  
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Invasive Plants
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State Nurseries to Phase-Out 25 Cultivars of Barberry
     Connecticut's nursery and landscape industry will voluntarily start phasing out the sale and production of 25 Japanese barberry cultivars over the next three years because of their invasive potential (July 1, 2010-June 30, 2013).
    The barberry plant (Berberis thunbergii) is one of the top 25 most popular landscape plants in the state.  The Connecticut Nursery & Landscape Association (CNLA) estimates the combined value of these cultivars -- wholesale and retail -- exceeds $7 million annually.
The decision will leave in sale and production at least another 18 versions of the plant considered much less invasive.  Those cultivars are in the bottom 10% of seed and fruit production of all barberry varieties currently being sold in the state.
     "Barberry continues to be in demand because it offers that contrasting color throughout the spring-summer-fall season in an otherwise monotonous green landscape, and it holds up well in most gardens," said CNLA executive director Bob Heffernan.
     CNLA gave details of the new industry-decided plan in a June 8 presentation before the nine-member Connecticut Invasive Plants Council, which then voted unanimously to endorse it.
     It was the culmination of a long journey from 10 years ago when the state legislature was considering banning entire species of plants--including barberry--without first considering whether there could be cultivars within a plant species that might not be as invasive as the parent species plant, in this case, the green barberry that has invaded the Connecticut environment.
     It took seven years of research, which is still ongoing, at UConn's College of Agriculture to lay out for Connecticut's nursery growers just how "invasive" the different cultivars of barberry really are.  Dr. Mark Brand and his team at UConn have spearheaded this research.
     Soon after Brand met this spring with the growers, the growers and CNLA leaders made the painful business decision to embrace the scientific findings of Brand's research, potentially costing them many millions of dollars annually in sales.
    CNLA, American Nursery & Landscape Association, the Horticultural Research Institute (HRI), and U.S. Department of Agriculture have, combined, contributed several hundreds of thousands of dollars to Brand's research on invasives. Further, CNLA has lobbied to secure millions of dollars more in federal funding for UConn's College of Agriculture to create a New England Invasive Plants Center there, where Dr. Yi Li recently announced he had developed the first sterile Euonymus (Burning Bush).  Researchers are also trying to develop sterile forms of barberry too.
     It's not the first time the state's green industry has policed itself on plants.  Back in the late 1980s, long before the invasive plant movement began, CNLA's growers decided to halt production of another invasive plant, autumn olive. More recently, the nursery/landscape industry has stepped forward to stop selling Porcelainberry.
    Of the 50 states, Connecticut has banned the most invasive plants -- 80 in total.  Connecticut's green industry has always favored public education and self-regulation over government bans.
     The floral-nursery-greenhouse-landscape industry in Connecticut is more than half of all of agriculture in the state, with $1 billion in annual sales, 48,000 employees, 3,300 companies, 46,000 acres of land, operating in all 169 towns.
 
Following is the text of the phase-out plan that CNLA presented to the state invasive plants council:

Connecticut Nursery & Landscape Association Invasive Plant Voluntary Phase-Outs / Barberry Cultivars  ·  June 2010

     The Connecticut Nursery & Landscape Association and its members are voluntarily imposing an industry ban state wide on 25 Berberis thunbergii cultivars and parent species (wild type) (see chart).
     Based on scientific research, much of which is currently being done at the University of Connecticut College of Agriculture, the Connecticut Nursery and Landscape Association and its members acknowledge that this list of cultivars represents an unacceptable risk to Connecticut's environment.
      It's important to note that we are removing from production and sale  13 high-seed-producing cultivars  above the level of the parent species (green barberry) and another 12 cultivars  that produce seed at a rate less than the green barberry. The cultivars remaining in cultivation  after this ban are in the lowest 10 percent of the spectrum of viable seed production based on the research by Dr. Mark Brand at UCONN.
     Most of the sales and production of Berberis cultivars in Connecticut in this list are concentrated in "Rose Glow", which up to this point has been a big seller.  By including this cultivar along with the others listed above, we estimate annual sales in our state of the 25 cultivars we will self-ban at $2.5 million retail, and over $5 million wholesale.
     Our industry members as environmental stewards have taken this step to self-regulate, based on data now becoming available. The following details outline our voluntary phase-outs:
· CNLA will formally enact this voluntary ban starting July 1, 2010.
· As of the adoption date NO NEW production of these cultivars will take place.
· There will be a 3 year phase-out, from the adoption date, of these cultivars to allow plants currently in production to be moved out of the industry.
· An education campaign will be launched to help inform the general public of the risks associated with these cultivars.
· An effort to bring the mass merchants into honoring this agreement will be made by communicating directly with the buyers for those chain stores.
· No listed plants would be brought into the State of Connecticut from other states
· Future efforts will be made, based on scientific data as it becomes available, and appropriate declarations will be made as necessary.
     CNLA and its green industry allies have always maintained the position that self-regulating on this issue is much more effective than government regulation. It allows quicker response to future plants that may be deemed Invasive by scientific data. It preserves the incentive to responsibly develop new and improved cultivars in the future. It will not create an unfair advantage for out of state businesses.  It does not impose an undue financial hardship on the businesses in the green industry in Connecticut.  And with self-regulation, the industry's heart and soul is invested in making the voluntary ban work.
     This new policy of CNLA could also have national repercussions by encouraging growers and their Associations in other states to follow the science in making decisions to phase down invasive plants that are proven to be harmful.
      UConn's nearly seven years of research on barberry confirms that every plant is different--even cultivars within a species.  Decisions to ban plants must be done after careful research when there is evidence that cultivars within a species may not be as invasive as the parent species.
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