Noxious-Weed Seeds Law and Legal Definition

A noxious weed is an invasive species of a plant which is designated as harmful to agricultural crops, ecosystems, or humans or livestock. Most of the noxious weeds have been introduced into an ecosystem by ignorance, or by way of accident. However, some of them are native. Noxious weeds greatly affect agricultural areas, forest management, natural and other open areas. The legal designation of noxious weed for a plant species can use the following criteria:

1. It is present in a state ecosystem, but not native to that state ecosystem.

2. It affects the area and is more harmful.

3. The management and eradication of the weed is feasible both economically and physically.

4. The harmful impact of the weed exceeds the cost of its control.

In accordance with the Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 2801 et seq.), the U.S. government has designated certain plants as noxious weeds. Certain weeds are recognized as noxious weed in the United States. A few do not occur in the U.S., but occur on state or federal noxious weed lists to emphasize their potential to invade and degrade landscapes.

The following is a federal statute defining the term “noxious weeds” and such seeds:

(A) For the purpose of title II [7 USCS §§ 1571 et seq.], the term "noxious-weed seeds" means the seeds or bulblets of plants recognized as noxious--

(i) by the law or rules and regulations of the State into which the seed is offered for transportation, or transported;

(ii) by the law or rules and regulations of Puerto Rico, Guam, or the District of Columbia, into which transported, or District of Columbia in which sold; or

(iii) by the rules and regulations of the Secretary of Agriculture under this Act [7 USCS §§ 1551 et seq.], when after investigation he shall determine that a weed is noxious in the United States or in any specifically designated area thereof. (7 USCS § 1561)

For the purpose of title III [7 USCS §§ 1581 et seq.], the term "noxious-weed seeds" means the seed of Lepidium draba L., Lepidium repens (Schrenk) Boiss., Hymenophysa pubescens C. A., Mey., white top; Cirsium arvense (L.) Scop., Canada thistle; Cuscuta spp., dodder; Agropyron repens (L.) Beauv., quackgrass; Sorghum halepense (L.) Pers., Johnson grass; Convolvulus arvensis L., bindweed; Centaurea picris Pall., Russian knapweed; Sonchus arvensis L., perennial sowthistle; Euphorbia esula L., leafy spurge; and seeds or bulblets of any other kinds which after investigation the Secretary of Agriculture finds should be included.” (7 USCS § 1561)