Japanese barberry, Berberis thunbergii, was added to the Pennsylvania noxious weed list in October 2021. As a noxious weed, Japanese barberry may no longer be distributed, cultivated, or propagated within the Commonwealth.
Enforcement of the ban on sale and distribution of Japanese barberry will be phased in over two years to allow time for nurseries to eliminate it from their stock, find non-harmful alternatives, and develop seedless, sterile varieties. A timeline for this compliance and enforcement policy follows:
- Fall 2021 - Letter of information to plant merchants, to let them know Japanese barberry is on the noxious weed list and to advise that they begin immediately to adjust propagation and ordering of Japanese barberry to decrease their inventory.
- Fall 2022 - Letter of warning issued to any plant merchant selling Japanese barberry, providing a date in Fall 2023 after which any remaining inventory would be subject to a destruction order.
- Fall 2023 - Stop Sale/Destruction orders issued to plant merchants selling or distributing Japanese barberry.
The Controlled Plant and Noxious Weed Committee has recommended that sterile Japanese barberry varieties be granted an exemption to the law, by way of an application process. The committee would consider seedless varieties of Japanese barberry that have been researched and proven to be sterile. Upon their approval, exempted varieties would be published in a notice in the Pennsylvania Bulletin, as well as appearing on this website.
Approved Exempted Japanese Barberry Cultivars
PDA has approved the four sterile cultivars for sale and planting in Pennsylvania as exemptions to the Japanese barberry ban.
The approved infertile, seedless barberry varieties from SynRG, LLC., Raleigh, North Carolina, are listed below:
Parent species: Berberis thunbergii
These are in the WorryFree® Series of barberries from the company SynRG, LLC.
- Crimson Cutie®(UCONNBTCP4N)
- Lemon Cutie®(UCONNBTB113)
- Lemon Glow®(UCONNBTB048)
- Mr. Green Genes®(UCONNBTB039)
Applications and Forms
To request the evaluation of cultivars for exemption to the Controlled Plant and Noxious Weed Act (act of Oct. 30, 2017, P.L. 774, No. 46) please fill out the following application completely and accurately. Please attach additional documentation as needed. Once your application is received it will be reviewed by the PA Department of Agriculture. The applicant will be notified by email and postal letter on whether the submitted cultivar was accepted for exemption.
Please note: An “owner” of the variety name, such as the breeder, patent holder, or brand owner, should apply for this exemption. Individual PA plant merchants, such as nurseries and greenhouses, should not apply for the cultivar exemption. The Department only needs one complete application for any single cultivar or variety; once the application is approved, that variety will be available Commonwealth-wide.
FAQs on Japanese Barberry, Berberis thunbergii
If you are a plant merchant and did not receive a mailer, you should be able to find all the applicable information on this webpage.
No. However, the department understands that some orders may have already been placed and cannot be cancelled. As of October 8th, 2021, Japanese barberry is a state noxious weed. Shipment from both in-state and out-of-state sources should cease as soon as possible, but the 2-year enforcement moratorium will allow vendors and growers time to liquidate their stock as well as allowing time for sterile varieties to be exempted from the ban.
An "owner" of the variety name, such as a breeder, patent holder, or brand owner who has rights to specific sterile cultivars. Individual PA plant merchants, such as nurseries and greenhouses, should not apply for the cultivar exemption. The Department only needs one complete application for any single cultivar or variety.
The information is on the application which can be found here.
Indefinitely, unless there would be a future issue with the cultivar that would require a reassessment.
PDA staff will be doing regular inspections and could trace the source of a suspect plant if they deem it necessary.
The plant merchant should contact the “owner” of the variety or cultivar, such as the breeder, to confirm it is sterile and ask them to apply for the PDA exemption.
The PA Department of Agriculture is using several methods to communicate the information about the listing of Japanese barberry as a noxious weed, including a press release, mailers, website, and social media information. We will also discuss this issue with partners, including Penn State and PSU Master Gardeners, to enlist their help in relaying the information.
As a Class B Noxious Weed, Japanese barberry is recognized as being too widespread for eradication. As such, the PA Department of Agriculture will be encouraging property owners to remove Japanese barberry from their property, but enforcement action will not be taken in most property situations.
Penn State Extension and your local plant nursery would be able to guide you to better alternatives. You can find a general listing of local plant nurseries here. Bureau of Plant Industry (pa.gov). The Department of Conservation and Natural Resources also has information on landscaping with native plants here.
You can send any inquiries to RA-Plant@pa.gov.