The NYS Prohibited and Regulated Invasive Species regulation is now in effect. To review which plants are prohibited and which are regulated, visit the following website (just scroll down beyond the explanation of terms): http://www.dec.ny.gov/regulations/93848.html
To review alternatives for invasive species check out these two helpful links from Cornell Cooperative Extension of Suffolk County & NYS Integrated Pest Management Program:
Finding Alternatives to Invasive Ornamental Plants in New York (Lists alternatives for both invasive species, and those on the Long Island Invasive Species Management Area Species lists)
Alternatives to Ornamental Invasive Plants: A Sustainable Solution for New York State (Lists alternatives to both the Prohibited and Regulated invasive species on the NYS 6 NYCRR Part 575 regulation)
There’s been some confusion regarding the three invasive species regulations that affect our industry. When questioning which law takes precedence (State vs. County in this case), the stricter law always does, even if the stricter law is a local mandate. For example, under the State regulation, Japanese barberry (Berberis thunbergii and cultivars) has a one year grace period before it will be prohibited for sale, transport, etc. It will be prohibited on March 10, 2016 under the NYS regulation. During this grace period, it is to be treated as a Regulated Invasive Species. HOWEVER, if your nursery or customer is located in Suffolk or Nassau County, Japanese Barberry was banned for sale, transport, etc. effective January 2014 under Suffolk County’s Do Not Sell List of invasive species, and Nassau County’s Invasive Species List (see first highlighted area below for links to each list). Even the cultivars approved for State exemption cannot be sold in Suffolk or Nassau County unless legislators from each County approve an amendment to County law to allow it.
Another example involves two running bamboo species (Phyllostachys aureosulcata and P. aurea). Both are prohibited under the NYS Invasive Species regulation. Even though neither of these species is listed on either of Suffolk or Nassau County’s Invasive Species law, the State law must be followed.
Lastly, the mandatory label requirements for NYS Regulated Invasive Species apply to those species on the Suffolk and Nassau County Invasive Species lists that have yet to reach their ban dates. For example, the ban date for Chinese silver grass (Miscanthus sinensis) under County law is January 1, 2016. County does not mandate a label noting the plant’s invasive tendencies while it’s still legal to sell. However, since Chinese silver grass is listed as a Regulated Invasive Species under State law then the mandated label must be used by nurseries and landscapers in Long Island until the ban date becomes effective. Again, thereafter even the cultivars approved for State exemption cannot be sold, etc. in Suffolk or Nassau County unless legislators from each County approve an amendment to County law to allow it.