Legislation: The Natural Resources and Environmental Protection Act, The Insect Pest and Plant Disease Act
Citation and link to full text: Natural Resources: Act 451 of 1994 (Title 324, Part 413), Plant Disease: Act 189 of 1931 (Title 286, Part 219)
Responsible agency and link to landing page: Michigan Department of Agriculture & Rural Development (MDARD) is responsible for regulating transgenic and non-native plant species under the Natural Resources and Environmental Protection Act.
Related regulations: Plant Disease: Department of Agriculture Regulation 617
Advisory body and link to landing page: Michigan Commission of Agriculture and Rural Development
Roles of legislation and related regulations: The Insect Pest and Plant Disease Act establishes barberry species as crop disease vectors and establishes prohibited acts. The regulations describe how nursery barberry crops will be inspected and certified for disease resistance.
Key definition(s): Michigan Commission of Agriculture and Rural Development (the Commission) has the responsibility to recommend, and in some cases determine, policy on food, agricultural, and rural development issues. The Commission is a bipartisan body of five citizens appointed by the Governor.
Prohibited species are not native and are either not naturalized or not broadly distributed in the state. They either have the potential to cause environmental, economic, or human health harm, and/or effective management techniques are not available.
Restricted species are not native and are naturalized with broad distribution in the state. They either have the potential to cause environmental, economic, or human health harm, and/or effective management techniques are available.
Rust susceptible species and cultivars of barberry are any species or cultivated varieties belonging to the genera Berberis, Mahoberberis and Mahonia that have not been certified as rust resistant by MDARD.
Prohibited species, woody plant species only (full list in legislation link above): none
Restricted species, woody plant species only (full list in legislation link above): Autumn olive (Elaeagnus umbellata).
- possession and introduction of a prohibited or restricted species, including fragments, seeds and propagules of those species
- Possession does not include presence of a prohibited or regulated species on land or in water owned by a person, unless the person purposefully introduced the species
- Planting, growing, keeping, selling, transporting or distributing any rust susceptible species and cultivars of barberry (including common barberry, Berberis vulgaris)
Exemptions: Possession of prohibited or restricted species in the course of identifying or controlling is exempt. Possession under a federal (USDA) permit is exempt. MDARD can issue individual permits for possession or introduction of prohibited and restricted species for research, education, and other purposes.
Cultivar exemptions: There are no cultivar exemptions for prohibited and restricted species. Rust resistant cultivars of barberry can be exempted through a certification process.
Process for species selection/addition: The Commission may add or remove species from the prohibited or restricted categories by issuing an Invasive Species Order. The Commission is required to consult with the Michigan Department of Natural Resources before issuing an order. MDARD must post public notice of the order via its website and must also notify several other specified parties in the state legislature 30 days prior to the order date. Additionally, the MDARD Director may issue an emergency order for species under its jurisdiction (plants and certain insects) that have the potential to harm human health or to cause severe environmental harm or harm to agriculture. An emergency order can stay in effect for no longer than 90 days. MDARD uses the USDA-APHIS weed risk assessment methodology to assess invasive plants for potential regulation.
Photo Credit: Great Lakes barren community at Huron Manistee National Forest (Photo: Huron Manistee National Forest)