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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture and Consumer Services
Chapter 390. Rules and Regulations for the Enforcement of the Virginia Seed Law
9/21/2019

2VAC5-390-20. Noxious Weed Seeds.

Noxious weed seeds as defined in the Virginia Seed Law, Article 1 (§ 3.2-4000 et seq.) of Chapter 40 of Title 3.2 of the Code of Virginia are divided into two classes:

A. Prohibited noxious weed seeds are:

Balloonvine - Cardiospermum halicacabum

Canada thistle - Cirsium arvens

Field Bindweed - Convolvulus arvensis

Johnsongrass, Sorgrass and, Sorghum almum, and hybrids derived therefrom - Sorghum spp. - Perennial

Plumeless thistles, which includes Musk thistle, and Curled thistle - Carduus spp.

Quackgrass - Agropyron repens

Serrated tussock - Nassella trichotoma

Sicklepod - Cassia tora

B. Restricted noxious weed seeds are:

1. Restricted noxious weed seeds for agricultural and vegetable seed, except for lawn and turf seed and mixtures thereof, shall be prohibited from sale for seeding purposes if the number per ounce or per pound of such noxious weed seed found exceeds the limitations allowed for each. Such weed seeds and limitations shall be:

KIND

LIMITATION

Wild onion bulblets and wild garlic bulblets - Allium spp.

5 per ounce or 80 per pound for orchardgrass; 2 per ounce or 32 per pound for other kinds

Dodder - Cuscuta spp.

4 per ounce or 64 per pound

Wild mustard - Brassica spp. - includes species when incidentally occurring in agricultural seed, provided that species listed in 2VAC5-390-50 and 2VAC5-390-90 may be sold as such when labeled as required.

5 per ounce all or 80 per pound

Giant foxtail - Setaria faberi

4 per ounce or 64 per pound

Radish - Raphanus spp.

1 per ounce or 16 per pound

2. Restricted noxious weed seeds for lawn and turf seed and mixtures thereof. Those kinds listed below shall be restricted noxious weed seeds and shall be declared on the label under the heading "Noxious weed seeds" or "Undesirable grass seed" according to § 3.2-4008 J 5 when present in bentgrasses, Kentrucky bluegrass, chewings fescue, red fescue, hard fescue, varieties of perennial ryegrass, varieties of named turf type tall fescue, and/or mixtures containing these grasses. Such weed seeds are:

Annual bluegrass

Poa annua

**Bentgrasses (creeping, colonial, velvet)

Agrostis spp.

**Bermudagrass, Giant bermudagrass

Cynodon spp.

**Meadow fescue

Festuca pratensis

Orchardgrass

Dactylis glomerata

**Redtop

Agrostis gigantea

**Rough bluegrass

Poa trivialis

**Tall fescue

Festuca arundinacea

Timothy

Phleum pratense

Velvetgrass

Holcus lanatus

**May be included as a labeled component of a mixture when in excess of 5.0% of the whole.

NOTE - EXEMPTIONS - This chapter does not apply to restricted noxious weed seeds in grasses or mixtures clearly labeled for pasture, forage, hay, or spoilbank reclamation usage.

Statutory Authority

§ 3.2-4001 of the Code of Virginia.

Historical Notes

Derived from VR115-04-09 § 2, eff. November 13, 1985; amended, Volume 02, Issue 04, eff. December 24, 1985; Volume 02, Issue 17, eff. June 25, 1986; Volume 03, Issue 01, eff. November 12, 1986; Volume 07, Issue 07, eff. January 31, 1991; Volume 25, Issue 11, eff. March 4, 2009; Errata, 25:13 VA.R. 2566 March 2, 2009.

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