The mission of the North American Invasive Species Management Association (NAISMA) is to support, promote, and empower invasive species prevention and management across North America. In collaboration with partners, NAISMA implements several international prevention initiatives, including the Certified Weed Free Products (WFP) Program, which aims to prevent the spread of invasive species through specific human-assisted pathways.

The WFP Program was first established in 1993 by local land managers in the western United States who recognized that noxious weeds were being transported and introduced to new areas through hay and feed used for cattle, horses, and other livestock. Their efforts led to the development of a voluntary certification system designed to ensure that certain agricultural and land management products do not contribute to the spread of invasive plants.

Today, the WFP Program provides land managers with assurance that invasive plants will not be introduced through the movement of forage, hay, straw, mulch, gravel, or compost brought onto their properties. NAISMA maintains science-based standards for the program, provides implementation guidance, facilitates communication among participating jurisdictions, and offers inspector certification training to support consistent program participation across regions.

Participation in the WFP Program requires the use of a Memorandum of Understanding (MOU), a nonbinding formal agreement between NAISMA and participating entities. Currently, there are 34 signatories to the WFP MOU representing 25 U.S. states and one Canadian province.

As the WFP Program continues to expand, legal and policy barriers have emerged that can complicate implementation. Laws governing invasive plants and noxious weeds vary significantly across the United States. Some states, particularly in the western U.S., where noxious weed management has long been a priority, have well-established regulatory programs addressing invasive species pathways. Other states have more limited regulatory frameworks. In some cases, agencies may have limited statutory authority to establish new programs like WFP. However, many states possess broader legislative authorities related to plant pests, noxious weeds, or invasive plants that could support the development of voluntary certification programs.

To support the advancement of the WFP Program, the National Sea Grant Law Center at the University of Mississippi School of Law received funding from NAISMA to develop a model legal framework for state WFP programs. This research was supported by the U.S. Fish and Wildlife Service, U.S. Department of the Interior, under award number F22AP03014-00.

The resulting Model Weed Free Products Act provides an example of what a comprehensive legislative framework or “gold standard” could look like for a state WFP program. Because nearly all states already have laws addressing invasive species and some pathways, such as horticulture or nursery products, wholesale adoption of the Model Act may not be necessary in every jurisdiction. Instead, the Model Act may be adopted in full or in part, depending on each state’s existing legal authorities and policy needs. It should be viewed as a flexible resource that states can reference when considering updates or additions to their invasive plant management frameworks.

For each section of the Model Act, suggested legislative language is provided along with an Explanatory Note. These notes describe the rationale for each provision and explain how it could be applied in practice, highlighting key considerations for states evaluating adoption. Reviewing these explanatory notes is important, as they provide additional context and insight into the intent and implementation of each section of the Model Act.