01-001 C.M.R. ch. 273, § IX - Invasive Terrestrial Plant Species of Special Concern - Conditions governing sale or display of species of special concern

A. An invasive terrestrial plant species of special concern that is sold or offered for sale in Maine shall have attached in a conspicuous place on the container used to hold the invasive terrestrial species of special concern, and where no container is used on the plant itself, a label with the words Invasive Species-Harmful to the Environment in at least 14-point bold type. Where it is impracticable to display a label, written notice shall be provided upon sale to the purchaser. The label or written notice shall be of a design approved by the Department of Agriculture, Conservation and Forestry and shall offer alternative non-invasive species and provide instructions for the care or tending of the invasive species to prevent their spread in the State.

B. In lieu of the label required under Chapter 273, Section IX. A., above, the retail outlet may post a sign or signs identifying the plants as invasive terrestrial species of special concern. The sign or signs must be conspicuous and unobstructed and appear at no less than six-foot intervals around the listed plants. The sign specifications include:

1. The sign must be 8.5inches tall and 11 inches wide;

2. The sign must be made of rigid, weather resistant material and be maintained to last during the entire time that species of special concern are offered for sale;

3. The sign must have lettering in at least 40-point type in the Arial font or similar sans serif font;

4. The sign must be light colored (white, beige, yellow or pink) with dark, bold letters (black, blue or green); and

5. The sign must include the following wording, "Invasive Plant - May be Harmful to the Environment", "Ask About Alternative Plants", and "Follow Species Specific Instructions Provided by the Vendor".

C. The plant vendor must provide species specific guidance at the time of sale to notify the purchaser about the invasive potential of the species and what habitat types to avoid when installing the plant.

D. No person selling or offering for sale an invasive terrestrial plant species of special concern shall conceal, detach, alter, deface, or destroy any label, sign, or notice required under this section.

E. The effective date for plants listed in Section IX that are already growing in Maine or in the channels of trade in Maine at the time this rule is adopted shall be 1/1/2024.

Notes

01-001 C.M.R. ch. 273, § IX