May 5, 2005
BANS ON SALE OF BARBERRY AND BURNING BUSH
By: Paul Frisman, Associate Analyst
You asked if any states have banned the sale of barberry and burning bush as invasive plants, and for details of such legislation.
Only two states apparently have banned the sale of burning bush and barberry. New Hampshire has banned the sale of burning bush and two varieties of barberry. Connecticut prohibits the sale of one type of barberry.
New Hampshire has banned the sale of European barberry (Berberis vulgaris), Japanese barberry (Berberis thunbergii), and burning bush (Euonymus alata). The ban on European barberry is now in effect. The ban on Japanese barberry and burning bush takes effect January 1, 2007. New Hampshire law prohibits anyone from knowingly collecting, transporting, selling, distributing, propagating or transplanting any living and viable portion of such plants, including all their cultivars and varieties (N.H. Admin. Code Agr. 3802.01). We have attached a copy of the New Hampshire regulations.
Douglas Cygan, invasive species coordinator for the New Hampshire Department of Agriculture intends to educate and inform sellers about the new law this year, and may start penalizing violators next year. He said each penalty would be decided on a case-by-case basis. He said a number of other states consider Japanese barberry and burning bush invasive, but have not yet prohibited their sale.
Connecticut bars anyone from importing, moving, selling, buying, transplanting, cultivating, or distributing common barberry (Berberis vulgaris) (CGS § 22a-381d(a)).