SB 1281 - Under the act, no person shall sell or distribute any viable portion or seeds of an invasive plant, as defined in the act, unless the Director of the Department of Agriculture provides written approval. The Director may provide approval for the sale and distribution of an invasive plant for specific purposes described in the act. A person found in violation of the act shall be issued a notice of violation. Requirements for the notice are described in the act. A person issued the notice of violation may be afforded an opportunity by the Director to explain the facts pertaining to the violation at an informal hearing to be conducted within 14 days of issuance of the notice. If the person fails to respond to the notice, or upon an unsuccessful resolution of any issues related to the violation, the person may be summoned to a formal administrative hearing before the Director as described in the act. The person may be subject to other penalties under the act.
A person subject to violations of the act may enter into a written agreement with the Director as described in the act.
The Director shall create a list of invasive plants known as the "Invasive Plant List" listing invasive plants described in the act.
The Director shall create a watchlist known as the "Potentially Invasive Plant Watchlist" listing plants described in the act.
Any person or business that offers for sale any plant on the Watchlist shall label the plants "potentially invasive", as described in the act. If the person or business fails to label the plants as "potentially invasive", the person or business shall be issued a notice of violation under the act.
No plant listed on the "Invasive Plant List" shall be listed on the "Potentially Invasive Plant Watchlist."
The act shall become effective on January 1, 2025. Burning bush and callery pear plants acquired by a licensed Missouri wholesale or retail plant nursery before January 1, 2025 shall be exempted from enforcement of provisions under the act until January 1, 2028.
The act is substantially similar to HB 1555 (2024), and similar to HB 2417 (2024).
JULIA SHEVELEVA