Massachusetts Prohibited Plants: Background

Contact: Jennifer Forman Orth, State Plant Pest Survey Specialist (Jennifer.Forman-Orth@state.ma.us - 617-626-1735)

Effective January 1, 2009, all plants on the prohibited list are banned from importation, propagation or sale within the state of Massachusetts. The Department derives its authority to take this action under Massachusetts General Law including but not limited to, Chapter 128 Section 2 and Sections 16 through 31A. The complete list of prohibited species is available here.

The ban is limited to the importation, sale, trade, distribution and related activities of these plants, and does not impact any existing plantings.

On January 1st, 2006, the Department began a two-step ban on the importation and sale of more than 140 plants identified as either noxious and/or invasive in the Commonwealth. The list of plants was developed in collaboration with the Massachusetts Invasive Plants Advisory Group (MIPAG). MIPAG members represent research institutions, non-profit organizations, green industry businesses and associations, and state and federal agencies. The MIPAG list is a product of scientific analysis, and represents the scientific consensus of groups and individuals with a broad range of perspectives on the subject of invasive plants.

During the extensive public comment and review period, timelines were established for implementing the ban. All listed plants were subject to a ban on importation into Massachusetts in either January or July of 2006. Fourteen of the listed species, commonly sold as ornamental plants, were permitted to be available for purchase during an additional phase-out period, in order to minimize the financial impacts on Massachusetts agricultural businesses. The herbaceous species on the phase out list were granted an extension through January 1, 2007, and woody species were granted an extension through January 1, 2009, as indicated by the table below.

Below is a list showing only the species that were selected for phase out. The complete list of prohibited species is available here.

In addition, the Department has proposed to allow the importation, sale, trade, and related activities of listed plants, when there is a significant public benefit in doing so, where the risks posed by these species can be adequately controlled, e.g. for research and/or education purposes, provided a permit is obtained.