Plant Protection and Weed Control

Purple and yellow chrysanthemums Plant Protection and Weed Control staff work to ensure the health of the state’s native and cultivated plants by excluding or controlling destructive pests, diseases and weeds. Staff examine and analyze pest conditions in crop fields, rangelands, greenhouses and nurseries. Action taken to control potential infestations of new pests, whether they are insects, plants diseases or weeds, is beneficial to the economy and the environment.

Our mission is to:

Exclude or control harmful insects, plant diseases and weeds;
Ensure Kansas plants and plant products entering commerce are free from quarantine pests;
Provide customers with inspection and certification services.

Here is where you will find the statutes, regulations, quarantines and our contact information. There is also a comment form that you can fill out and submit to us. This page also will have any events we will be at except for emerald ash borer meetings. Those will be on the emerald ash borer page.

Upcoming Events

*Emerald ash borer meetings are on the emerald ash borer page*

Statutes, Regulations and Quarantines

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Plant Pest and Agriculture Commodity Certification Act
The Kansas Plant Pest and Agriculture Commodity Certification Act was first enacted in 1907. This act serves four basic functions:
- To protect the state from outbreaks of dangerous plant pests and diseases by locating plant pests and taking appropriate regulatory action when necessary
- To provide for the licensing of live plant dealers
- To provide for the inspection and certification of Kansas-produced commodities to facilitate shipments to domestic and international markets
- To grant quarantine authority
This act authorizes the Secretary of Agriculture to quarantine and treat or destroy infested or infected plants or plant products to prevent the movement of dangerous plant pests into, or spread within, Kansas.

In addition to protecting the state’s plant resources from unintentional or accidental introduction of plant pests, the authority provided in this law will assist in the state’s homeland security effort to detect, identify, and respond to bioterrorism activities involving plant pests that may be intentionally introduced into the state.

Link to full text of

Plant Pest and Agriculture Commodity Certification Act
Kansas Tree and Shrubbery Law

The Kansas tree and shrubbery law, K.S.A. 12-3201 et seq., gives cities jurisdiction over trees and shrubberies upon all streets, public right-of-ways and alleys with that city. K.S.A. 12-3204 allows cities limited jurisdiction over trees and shrubs on private property within that city. (Please note that a utility easement is not considered a public right-of-way, see Attorney General's Opinion 2003-28 at the end of this document.)

Before a city can exercise jurisdiction over trees or shrubs on private property within the city, the city must determine, based upon a laboratory test or other supporting evidence, that trees or tree materials or shrubs located upon private property are infected or infested with or harbour any tree or plant disease or insect pest or larvae, which, if uncontrolled, may constitute a hazard to or result in the damage or destruction of other trees or shrubs in the community.

The city may request competent state or federal authority to provide such evidence. KDA Plant Protection and Weed Control Program may be contacted to conduct an inspection pursuant to K.S.A. 12-3204 at (785) 862-2180. If the city requests an inspection by KDA, the city should be prepared to provide specialized equipment necessary to conduct the inspection such as a ladder or bucket truck to reach the canopy of tall trees.

The following copy of selected statutes is being made available by the Kansas Department of Agriculture for the convenience of the public and is meant to be used only as a reference. While the Kansas Department of Agriculture has made every effort to reproduce accurately these statutes, they are not the official statutes of the State. The Kansas Statutes Annotated (K.S.A.), published by the Revisor of Kansas Statutes, should be consulted for the text of the official statutes of the State.

Link to full text of the

Kansas Tree and Shrubbery Law
Kansas Pest Freedom Standards

All live plants sold in Kansas must be in compliance with pest freedoms standards established in the (Kansas Administrative Regulations) K.A.R. 4-15-10. The pest freedom standards are a list of plant pests that are regulated and only apply to live plants possessed by a live plant dealer.

(listed within the Plant Pest and Agriculture Commodity Certification Act)

K.A.R. 4-15-10. Pest freedom standards. (a) The pest freedom standards specified in this regulation shall apply to all live plants grown, sold, distributed, planted, transported, moved, or given away by a live plant dealer or the live plant dealer’s designated agent. As used in this regulation, “possessed” shall include being grown, sold, distributed, planted, transported, moved, or given away.
     (b) Live plants on which quarantine pests are present shall be prohibited from entering the state or being possessed within the state by live plant dealers or any live plant dealer’s designated agent.
     (c) Live plants on which regulated nonquarantine pests are present shall be prohibited from entering the state or being possessed within the state by live plant dealers or any live plant dealer’s designated agent unless the live plants are within
the limits as specified in this regulation.
     (d) Live plants on which plant pests that are neither quarantine pests nor regulated nonquarantine pests are present may enter the state and be possessed by live plant dealers. These live plants shall remain subject to regulatory action if the secretary finds that action is necessary to prevent or retard the spread of a plant pest that could cause economic or environmental harm.
     (e) Only live plants free of quarantine pests and within the limits for the presence of regulated nonquarantine pests may be certified as meeting pest freedom standards. When necessary for export, standards more stringent than those specified in this regulation may be utilized by the secretary to ensure compliance with all applicable quarantines and regulated nonquarantine pest freedom standards.
     (f) The classes of regulated nonquarantine pests shall be the following, with the limits specified:
     (1) For insects and arachnids that bore into live plants, scarab beetles, scale insects, and weevils, the number of infested plants shall be zero percent of the total number of plants in the lot, cultivar, or group of a single species of plant.
      (2) For diseases known as viruses, viroids, phytoplasmas, spiroplasmas, mycoplasmas, the genera or species of diseases caused by Phytophthora (a group of fungal diseases that infect various plants and plant parts), Bursaphelenchus
xylophilus (pine wilt nematode), Meloidogyne (root knot nematodes), Erwinia amylovora (fire blight), Agrobacterium tumefaciens (crown gall), and bacterial species that can cause wilt disease, the number of infected plants shall be zero percent of the total number of plants in the lot, cultivar, or group of a single species of plant.
     (3) For diseases known to cause wilts, galls, cankers, root rot, and crown rot, the number of infected plants shall be less than five percent of the total number of plants in the lot, cultivar, or group of a single species of plant.
     (4) For plant parasitic nematodes, the number of infected plants with foliage affected or root systems stunted or underdeveloped shall be less than five percent of the total number of plants in the lot, cultivar, or group of a single species of plant.
     (5) For foliar diseases of plants other than evergreens, the number of infected plants with more than 10 percent of the foliage affected shall be less than 15 percent of the total number of plants in the lot, cultivar, or group of a single species of plant.
     (6) For foliar diseases of evergreens, the number of infected plants with more than one percent of the foliage affected shall be less than five percent of the total number of plants in the lot, cultivar, or group of a single species of plant. (Authorized by K.S.A. 2010 Supp. 2-2126, as amended by L. 2011, ch. 72, sec. 11; implementing K.S.A. 2010 Supp. 2-2117, as amended by L. 2011,
ch. 72, sec. 4; effective Oct. 18, 2002; amended May 18, 2012.)
Kansas Noxious Weed Law and Regulations

The Kansas Noxious Weed Law was first enacted in 1937. It is designed to control, manage, and eradicate 14 plants designated as noxious weeds by the Kansas Legislature.

The law assigns specific duties to private and public landowners, counties, and the state.

See the Kansas Noxious Weed Program for more details and all the individual noxious weed control plans.

Link to full text of the

The Kansas Noxious Weed Law
Black Stem Rust Law

The Kansas Barberry Eradication Act was enacted in 1951. This statute declared black stem rust and common barberry public nuisances, and required the destruction of barberry plants susceptible to the black stem rust fungus. Black stem rust is a destructive disease of small grains including wheat, barley, oats, and rye. Common barberry can serve as an alternative host or reservoir for the disease. Activities to ensure compliance are currently included in live plant dealer inspections and as part of a cooperative arrangement with the United States Department of Agriculture’s Animal and Plant Health Inspection Service, Plant Protection and Quarantine (USDA-APHIS-PPQ).

Link to full text of the

Black Stem Rust Law
Federal Noxious Weed Quarantine

This quarantine was enacted in 2004 and is designed to prevent the commercial sales of federal noxious weeds in Kansas.

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Federal Noxious Weed Quarantine
Karnal Bunt Quarantine

Karnal bunt is a fungal pest of wheat that could have a serious economic impact on Kansas' wheat industry if it were to be introduced into the state. Kansas enacted a quarantine in 2001 that is designed to prevent introduction and suppress the spread of this disease in the state.

Link to full text of

Karnal Bunt Quarantine
Grecian Foxglove Quarantine

The quarantine was enacted in 2001 and is designed to prevent the commercial sale of Grecian foxglove in Kansas. This highly-toxic plant is the target of an ongoing eradication project in parts of Wilson County.

Link to full text of the

Grecian Foxglove Quarantine
Purple Loosestrife Quarantine

This quarantine was enacted in 2002 and is designed to prevent the commercial sales of purple loosestrife in Kansas. This plant is a serious wetlands invader and could cause damage to Kansas wetlands if it becomes established.

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Purple Loosestrife Quarantine
Tamarix (Salt Cedar) Quarantine

Salt cedar or tamarisk (Tamarix spp.) was quarantined by the Kansas Department of Agriculture in 2004 and has currently displaced approximately 1.6 million acres of native vegetation in the western United States. Salt cedar is an invasive riparian shrub from Eurasia and was originally sold as an ornamental or planted for stream bank stabilization. It is a plant that is characterized by having a fast seedling growth rate allowing for quick establishment, profuse seed production with mature plants, increased soil salinity contributing to its invasive nature, and elevated water usage as compared to native species.

Link to the full text of the

Tamarix Quarantine
Thousand Canker Disease of Walnut Quarantine

This quarantine was enacted in 2010 to prevent the introduction of thousand cankers disease of walnut and the walnut twig beetle into Kansas.

Link to full text of the

Thousand Cankers Disease of Walnuts Quarantine
Emerald Ash Borer Quarantine - Atchison, Douglas, Jefferson, Johnson, Leavenworth, Shawnee and Wyandotte County
It prohibits movement of regulated items from the quarantined area, except under specific conditions established in the Permanent Emerald Ash Borer Quarantine

Regulated items under quarantine include the following:
- The emerald ash borer, (Agrilus planipennis [Coleoptera: Buprestidae]), in any living stage of development;
- Firewood of all hardwood (non-coniferous) species;
- Nursery stock of the genus Fraxinus (Ash);
- Green lumber of the genus Fraxinus (Ash);
- Other material living, dead, cut, or fallen, including logs, stumps, roots, branches, and composted and uncomposted chips of the genus Fraxinus (Ash);
- Any other article, product, or means of conveyance that an inspector determines presents a risk of spreading emerald ash borer and notifies the person in possession of the article, product, or means of conveyance that it is subject to the restrictions of the regulations.