An Act To Prohibit the Sale of Russian Olive and Other Invasive Terrestrial Plants
Maine Legislature, Session 125, LD 0182
Committee: Agriculture, Conservation and Forestry
Sponsors: EVES, SCHNEIDER, DUCHESNE, O'BRIEN
Amends: 7 MRSA §2211, 7 MRSA §2213, 7 MRSA §2214, 7 MRSA §2216, 7 MRSA §2218

Legislative Document 
No. 182 
H.P. 159 
House of Representatives, January 27, 2011 
An Act To Prohibit the Sale of Russian Olive and Other Invasive 
Terrestrial Plants 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative EVES of North Berwick. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
Representatives: DUCHESNE of Hudson, McCABE of Skowhegan, O'BRIEN of Lincolnville. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §2211, sub-§2-A is enacted to read: 
2-A.  Invasive terrestrial plant.  "Invasive terrestrial plant" means any nonnative 
plant species, including Elaeagnus angustifolia, commonly known as Russian olive, that: 
A.  Has spread or has the potential to spread into native plant habitats in the State;  
B.  Has caused or has the potential to cause economic or environmental harm by 
developing self-sustaining populations that disrupt or threaten native plant 
populations in the State; and 
C.  Is on a list of invasive terrestrial plants maintained by the commissioner in 
accordance with section 2218, subsection 2. 
Sec. 2.  7 MRSA §2213, sub-§1, ¶A, as enacted by PL 1991, c. 785, §3, is 
amended to read: 
A.  The State Horticulturist or an assistant shall inspect nurseries as determined 
necessary by the State Horticulturist.  Nurseries must be accessible at reasonable 
times for inspection.  If plant pests are found at sufficient levels to pose a threat to 
other horticultural establishments or the general public, the State Horticulturist may 
issue an order to embargo or detain the nursery stock.  The State Horticulturist shall 
issue an order for the destruction of any invasive terrestrial plants found offered for 
sale.  Upon issuing an order of embargo or, detention or destruction, the State 
Horticulturist shall notify the owner of the nursery stock of that order.  Within 10 
days of receipt of notification, the owner may request a hearing to be held in 
accordance with the Maine Administrative Procedure Act. 
The State Horticulturist may prescribe measures designed to control the plant pests.  
The State Horticulturist shall remove the order of embargo or detention if satisfied 
that the plant pests have been controlled.  The State Horticulturist may prescribe 
measures for the destruction of or may seize and destroy invasive terrestrial plants. 
Sec. 3.  7 MRSA §2214, as enacted by PL 1991, c. 785, §3, is amended to read: 
§2214.  Shipments certified 
Nursery stock shipped into this State from any other state, province or country must 
bear a certificate on each package stating that the contents were inspected by an 
authorized inspecting officer and that the contents appear to be free from plant pests.  The 
State Horticulturist or an assistant may inspect, at the point of destination, all nursery 
stock coming into the State.  If that nursery stock is infested with any plant pests or 
determined to be an invasive terrestrial plant, the State Horticulturist, after notice and 
opportunity for a hearing as provided in the Maine Administrative Procedure Act, may 
order the stock destroyed or returned to the consignor at the consignor's expense. 
Sec. 4.  7 MRSA §2216, as enacted by PL 1991, c. 785, §3, is amended to read: 
§2216.  Violations 
Any violation of this chapter or rules adopted pursuant to section 2217 or section 
2218 is a civil violation for which a forfeiture fine of not more than $500 may be 
adjudged. 
Sec. 5.  7 MRSA §2218 is enacted to read: 
§2218.  Prohibition on sale of invasive terrestrial plants 
1.  Prohibition.  A person may not sell invasive terrestrial plants. 
2.  Criteria for identifying invasive terrestrial plants; rulemaking.  The 
commissioner shall develop criteria by which to evaluate nonnative plant species for 
possible inclusion on a list of invasive terrestrial plants.  The commissioner shall adopt by 
rule the evaluation criteria and establish a list of invasive terrestrial plants.  Rules adopted 
under this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.  
3.  Penalty.  In addition to a fine imposed under section 2216, a violation of this 
section may result in the revocation of a nursery license under section 2171, subsection 2. 
SUMMARY 
This bill prohibits the sale of Elaeagnus angustifolia, a shrub commonly called 
"Russian olive."   It directs the Commissioner of Agriculture, Food and Rural Resources 
to adopt rules establishing criteria for evaluating nonnative plant species for designation 
as invasive terrestrial plants.  A list of plants meeting the criteria for invasive terrestrial 
plants would be established in rule and those plants prohibited from sale.