Governor Newsom signs AB 2143 into law, Holding Online Marketplaces Accountable for Sales of Illegal Invasive Plants

SACRAMENTO, CA - Assemblymember Jacqui Irwin's (D-Thousand Oaks) legislation to hold ecommerce marketplaces accountable for facilitating the sales of illegal invasive plants was signed into law by Governor Gavin Newsom. The bill, AB 2143 by Assemblymember Jacqui Irwin, increases penalties against online marketplaces who facilitate the spread of invasive plants in California without attempting to stop those transactions from occurring.

"The impact invasive plants have on California's ecosystem is devastating," said Assemblymember Irwin. "These plants overrun crops, disrupt ecosystems, and kill our vibrant biodiversity. They also cost our state over $80 million every year in our attempts to control their spread, and the economic impacts of these plants spread into the billions of dollars. It is high time online marketplaces pay up for the role they play in the spread of these plants."

While the sale of invasive plants in California is already illegal, online marketplaces operate in an ambiguous middle ground that shields them from significant liability. These marketplaces connect private third-party sellers to willing buyers, with the marketplace acting as a facilitating intermediary that never actually receives the invasive plant. As a result, these marketplaces are not affected by the existing prohibitions on this practice despite playing a significant role in the process.

"AB 2143 is a huge step to closing a significant pathway for the spread of noxious weeds in California. Our research has found that these harmful plants are easily available for purchase through online marketplaces, despite the damage they can cause to our agricultural and natural lands," added Professor Mohsen B. Mesgaran, a leading weed sciences researcher at UC Davis. "I thank Assemblymember Irwin for her leadership to help stop the spread of these invasive species."

AB 2143 follows up on the Comprehensive Pest Prevention Program Analysis (C3PA) report, released in April by the California Department of Food and Agriculture. The report found significant deficiencies in the compliance of online marketplaces with California's plant-shipping restrictions. Of 62 websites reviewed that sold plants to California consumers, only 16 clearly displayed California shipping restrictions. Additionally, the report found that between 2020 and 2023, CDFA identified 768 ecommerce violations.

Providing greater enforcement to authority for CDFA to penalize bad actors who allow the unfettered sale of invasive plants on their ecommerce platforms is a monumental step to ensuring California holds big business accountable.