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News from VNLA
VNLA Legislative Update
VNLA board members Matt Berry, Cameron Stanley and Executive Director Katie Hellebush recently spoke in front of the Virginia Board of Agriculture and Consumer Services regarding proposed regulations governing the installation of invasive plant species by tradespersons in Virginia Chapter 455. You may recall this legislation from the 2022 General Assembly Session.
Representing nursery growers, garden centers, landscape designers, installation and maintenance contractors, green houses and horticultural suppliers, the VNLA emphasized our mission to bring together the green industry through education and best practices.
The scope of the proposed regulation is the main concern of our broad and varied membership.
This proposed regulation affects “Tradespersons”, meaning any person who, for compensation, proposes plants for installation or installs plants. Tradespersons are then required to notify property owners, managers, custodians and other responsible persons for a property when they propose invasive plant species for installation according to the DCR Invasive Plant Species List.
As currently written, this proposed regulation could impact all horticultural careers, especially landscapers, landscape architects, landscape designers, those individuals working at retailers regulated by VDACS, arborists as well as any other paid consultants who are making recommendations for monetary compensation.
While the VNLA is supportive of educating consumers as well as our industry members on the impact of invasive species to the environment across the Commonwealth, VNLA respectfully requests the Board considers restricting the definition of a tradesperson to any “licensed or certified person who, for compensation, proposes plants for installation or installs plants.” This would specify the intent of the regulation to regulate landscape architects, landscape designers, and those other certified horticulturists, who provide written designs with recommendations for plants, which may or may not include invasive plant species.
Other questions that have arisen in discussion of the impact of the proposed regulation:
• What if companies offer a free estimate as part of their services?
• What if a plan is provided and agreed upon and then plants are changed upon installation?
• What about retailers / nurseries who have installers who install plants, but have not provided any recommendations / written plans?
• What about translation / language barriers?
• What if the homeowner picks out plants & installer picks up and installs?
• What if the homeowner asks for recommendations at a retailer based on photos but a written proposal is not requested or provided?
VNLA thanks the Board for considering these scenarios and challenges when it comes to implementing the proposed regulations.
