Current through December 10, 2024
Procedures for declaring additional weeds as noxious or for deregulation of weeds listed as noxious are as follows:
1. The Bureau shall accept written petitions requesting that weeds not listed above be regulated as noxious or that a currently listed weed be deregulated. Such petition(s) shall provide justification for listing or de-listing to the Bureau.2. The Advisory Board to the Bureau, shall decide for or against the petition(s) to list a weed as noxious based on factual information as required by the Bureau for each plant proposed to be added to the noxious weed list. The Advisory Board may hear testimonial evidence for or against said listing at Board meetings or hearings.3. Justification for de-listing a weed may include, but not be limited to: a. recent factual data not previously presented to the Bureau proving that said weed has not adversely affected agricultural/horticultural production or the environment as previously declared; b. data proving said weed no longer can be regulated, is endemic and control/regulatory activities have not been successful; or c. the regulatory program has proven to be cost prohibitive. The Bureau Director and/or State Entomologist shall first review and based on data presented determine whether a submitted petition to de-list a weed meets justification for Advisory Board consideration. The Advisory Board may hear testimonial evidence for or against said de-listing at Board meetings or hearings.4. Other than as described in this subsection, federal noxious weeds may only be listed in subsection 140.01 after being found in Mississippi or after USDA, APHIS, PPQ or another federal regulatory agency having such authority requests the Bureau's assistance in regulating or surveying for such weeds and provides funding through a cooperative agreement to do so.2 Miss. Code. R. 1-3-01-136.02