Federal Noxious Weed Act & Invasive Plant Control

The Federal Noxious Weed Act — now largely incorporated into the Plant Protection Act (7 U.S.C. §§ 7701–7772) and supplemented by the Noxious Weed Control and Eradication Act (7 U.S.C. §§ 7781–7786) — gives the Secretary of Agriculture authority to prohibit or restrict the importation and interstate movement of noxious weeds and to take emergency action to control or eradicate new invasive plant infestations. A noxious weed is any plant designated by federal or state authorities as harmful to agriculture, natural ecosystems, public health, or the economy. Invasive plants cause an estimated $35 billion in annual damage to U.S. agriculture and natural areas — choking waterways, displacing native vegetation, degrading rangeland, contaminating crop fields, and increasing wildfire risk. The federal framework authorizes USDA's Animal and Plant Health Inspection Service (APHIS) to maintain a list of federally designated noxious weeds, inspect and seize shipments, and coordinate control efforts with states, tribes, and landowners.

Current Law (2026)

Legal Authority

• 7 U.S.C. § 7712 — Regulation of movement of plants, plant products, biological control organisms, noxious weeds, articles, and means of conveyance (Secretary can prohibit or restrict importation, entry, exportation, and interstate movement of noxious weeds to prevent their introduction and spread)
• 7 U.S.C. § 7714 — General remedial measures for new plant pests and noxious weeds (Secretary can order the quarantine, treatment, destruction, or disposal of noxious weeds; can take emergency action without prior notice when necessary to prevent spread)
• 7 U.S.C. § 7781 — Findings (Congress finds that noxious weeds cause substantial economic and ecological damage; that federal lands are a significant source of weed spread; and that a coordinated approach is needed)
• 7 U.S.C. § 7782 — Establishment of program (Secretary must establish a program to provide financial and technical assistance for noxious weed control on non-federal lands)
• 7 U.S.C. § 7783 — Grants (authorizes competitive grants to weed management entities — typically multi-county cooperative weed management areas — for noxious weed control)
• 7 U.S.C. § 7784 — Federal responsibilities (requires each federal agency to develop and implement a management plan for noxious weed control on lands it manages)

How It Works

The Federal Noxious Weed List, maintained by APHIS, identifies plant species whose importation into or movement within the United States is prohibited or restricted. The list is divided into two categories: species not known to be present in the U.S. (where the goal is prevention of introduction) and species with limited distribution (where the goal is prevention of spread). To add a species, APHIS conducts a weed risk assessment evaluating the plant's potential for establishment, spread, and economic and ecological impact; once listed, it is illegal to import, sell, or transport the species across state lines without a permit. APHIS inspectors at ports of entry screen incoming shipments of plants, seeds, soil, and agricultural products for noxious weed seeds and plant material — contaminated shipments may be refused entry, treated, or destroyed. When a new noxious weed is detected, the Secretary can take immediate action — quarantining affected areas, ordering destruction of infested material, restricting movement of potentially contaminated goods — without normal rulemaking. Speed matters: a noxious weed caught early in a small area can be eradicated, but once established across a large area, eradication becomes impractical and management costs escalate dramatically.

The Noxious Weed Control and Eradication Act of 2004 added a grant program specifically for weed control on non-federal lands, recognizing that invasive plants don't respect property boundaries. The program funds Cooperative Weed Management Areas — multi-county partnerships of landowners, counties, tribes, and state and federal agencies that coordinate control across ownership boundaries — supporting herbicide application, biological control (introducing natural enemies of target weeds), mechanical removal, and public education. Federal agencies managing public lands — BLM, Forest Service, National Park Service, Fish and Wildlife Service, Bureau of Reclamation, and Department of Defense — are required to develop noxious weed management plans for their roughly 640 million acres, which can be significant sources of weed spread to adjacent private and state lands if not controlled. The Natural Resources Conservation Service provides technical assistance and cost-share for weed management on private agricultural lands.

How It Affects You

If you're a farmer or rancher, noxious weeds are a direct threat to your bottom line — and the federal program is one of your primary resources for fighting back. Invasive plants cause an estimated $35 billion in annual damage to U.S. agriculture and natural areas, with individual farms losing thousands to hundreds of thousands of dollars annually in reduced yields, contaminated harvests (noxious weed seeds in grain shipments can trigger rejected loads), and increased herbicide costs. The USDA's Natural Resources Conservation Service (NRCS) offers cost-share assistance for weed control through the Environmental Quality Incentives Program (EQIP) — covering 50–75% of eligible weed control costs. Apply through your local NRCS office (find yours at nrcs.usda.gov/contact). For rangeland producers, the Cooperative Weed Management Area (CWMA) in your county or region may qualify for federal grants to coordinate control across property boundaries — particularly important when infestations originate on adjacent BLM or Forest Service land. If you discover a new invasive plant species on your property, contact your state department of agriculture immediately — early detection and rapid response dramatically improve eradication success and prevent your land from becoming a source of spread.

If you're a gardener, nursery operator, or plant enthusiast, some of the plants sold commercially or traded online are federally listed noxious weeds that cannot legally be transported across state lines. Common examples include specific varieties of burning bush (Euonymus alatus — state-listed in many states though not yet federal), Japanese barberry, invasive honeysuckle, and English ivy — legal to sell in some states, restricted in others. Before you purchase plants online from out-of-state nurseries or trade through plant swap groups, check the APHIS federal noxious weed list at aphis.usda.gov/plant-health and your state's own noxious weed list. State restrictions can be more stringent than federal — California, Oregon, and the Great Plains states have especially broad state lists. If a plant from an online purchase shows up in a USDA inspection (at a port of entry or during a state inspection), the entire shipment can be seized and destroyed. For invasive species identification and regional guidance, invasivespeciesinfo.gov is the federal interagency portal.

If you own land adjacent to public federal lands (BLM, Forest Service, national parks, military bases), federal law requires those agencies to develop and implement weed management plans — but enforcement and funding have been inconsistent. If you're seeing weed infestations spreading from federal lands onto your property, you have standing to raise the issue formally: contact the relevant federal land manager's field office, document the infestation with photos and GPS coordinates, and request their current weed management plan for that area. For BLM lands, the Resource Management Plan for your area should include weed control commitments. If infestations from poorly managed federal lands are causing documented losses on your property, the Federal Tort Claims Act may provide a mechanism for recovery — consult an agricultural attorney. Your state's weed board or noxious weed control district can also apply pressure on federal land managers through state coordination processes.

If you import plants, seeds, cut flowers, or soil-containing products, APHIS Plant Protection and Quarantine (PPQ) inspectors at ports of entry screen for federally listed noxious weed seeds and plant material in every agricultural shipment. Contaminated shipments can be refused entry, treated, or destroyed at the importer's cost — plus civil penalties of up to $50,000 per violation. The most common source of noxious weed seed contamination in commercial trade is soil, plant material packaging, and low-quality seed lots with inadequate cleaning. Request phytosanitary certificates from your foreign suppliers and verify weed seed content for seed shipments. The Federal Seed Act separately requires disclosure of noxious weed seed content on labels. For the specific import requirements for any plant species, consult the APHIS PPQ FAVIR database (Federal Noxious Weed List) at aphis.usda.gov or contact the PPQ permit unit before your shipment departs.

State Variations

Noxious weed regulation involves extensive federal-state coordination:

• Every state maintains its own noxious weed list, which may be more restrictive than the federal list
• State weed laws typically require landowners to control listed noxious weeds on their property
• County weed boards or districts in many Western states have enforcement authority over private landowners
• State-level penalties for allowing noxious weed spread vary from warnings to fines
• Some states have mandatory weed-free hay requirements for public lands and backcountry areas

Implementing Regulations

• 7 CFR Part 360 — APHIS Noxious Weed Regulations: the implementing rules for the federal noxious weed control authority, establishing the permit system for moving listed weeds, the federal noxious weed list, and the preemption of state laws for interstate commerce. Key provisions:

  • § 360.100 — Definitions: "noxious weed" means any plant designated on the federal list in § 360.200; movement means any transportation, shipping, distribution, or sale; permits are issued by the APHIS Administrator or authorized delegate
  • § 360.200 — Federal noxious weed list: the Administrator has designated specific plant taxa as federal noxious weeds, grouped by ecological category: (1) aquatic and wetland weeds (e.g., water hyacinth, hydrilla, water lettuce, giant salvinia — major threats to waterways, irrigation systems, and navigation); (2) parasitic weeds (e.g., witchweed Striga spp., broomrape Orobanche spp. — parasites that attach to crop roots and drain nutrients without being detected until crops fail); (3) terrestrial weeds (e.g., kudzu, purple loosestrife, yellow starthistle, leafy spurge — invasives that displace native vegetation and degrade agricultural land)
  • § 360.300–360.305 — Permit requirement: any movement of a listed federal noxious weed into or through the United States, or from one state to another, requires a permit; permits are granted only when APHIS determines adequate safeguards are in place and the benefit outweighs the risk; permits may include conditions on containment, handling, and disposal; APHIS may revoke permits if conditions are violated, and the holder must immediately arrange destruction of the weed under APHIS supervision (§ 360.305)
  • § 360.301–360.304 — Permit application and review: applications must include the species, quantity, plant parts, purpose of movement, proposed safeguards, and destination; APHIS consults with other federal agencies and state agencies; APHIS may issue or deny the permit with conditions; common legitimate permit purposes include research, biocontrol agent development, and reference collection maintenance
  • § 360.400 — Treatment requirements (niger seed): niger seed (used as birdseed) is known to be frequently contaminated with Cuscuta (dodder) seeds — a federally listed parasitic weed; niger seed may enter the U.S. only after heat treatment to destroy dodder seeds; this is a permanent commodity-specific entry requirement that applies to all imported niger seed regardless of origin
  • § 360.500–360.501 — Petitions to add or remove species: any person may petition APHIS to add a plant taxon to the noxious weed list (§ 360.500) by providing scientific evidence of invasive risk; or petition to remove a taxon if it no longer meets the criteria or new evidence shows the risk was overstated (§ 360.501); the petition process provides a formal pathway for listing or delisting driven by the public or scientific community
  • § 360.600 — Federal preemption: federal law preempts state and local laws that restrict importation or interstate movement of listed federal noxious weeds when the Secretary has issued a federal rule or order governing that weed; this prevents a patchwork of inconsistent state restrictions from disrupting interstate commerce in goods that may contain weed material; states may still impose their own additional restrictions on intrastate noxious weed control

  The APHIS federal noxious weed list creates specific, enforceable movement prohibitions that operate at every port of entry and state border crossing. The most consequential listings are the parasitic weeds (Striga, Orobanche) — these plant parasites can destroy entire fields of corn, sorghum, or legumes with no visible aboveground symptoms until severe damage is done, making them particularly dangerous agricultural threats. The aquatic weeds (hydrilla, giant salvinia) are significant economic threats to water infrastructure — USACE and water district management costs for these weeds run into the hundreds of millions annually. The permit system allows legitimate research uses (developing biocontrol agents, studying weed biology) while maintaining the default prohibition.

Pending Legislation

No standalone Federal Noxious Weed Act reform bills have been introduced in the 119th Congress. Related invasive species provisions appear in broader legislation — see National Invasive Species.

Recent Developments

Climate change is expanding the range of many noxious weeds, as warmer temperatures allow southern species to move northward and longer growing seasons increase weed vigor. APHIS has increased its use of weed risk assessments for new species and emerging threats. Biological control programs (using host-specific insects or pathogens to control weed species) have shown success for several target species, including purple loosestrife, leafy spurge, and spotted knapweed. Herbicide-resistant weeds in agricultural systems have become a significant concern, driving research into integrated weed management approaches. The 2018 Farm Bill maintained funding for the Noxious Weed Control and Eradication grant program.