Section 9.5-301 – Duties of Secretary
The Secretary, with the advice of the Committee, shall: (1) On or before October 1, 2012, adopt regulations that: (i) Establish a science–based risk assessment protocol for invasive plants that: 1. Will serve as a basis for creating a two–tiered regulatory approach for controlling invasive plants in the State; and 2. Considers the harm, as determined by the Secretary, […]
Section 9.5-302 – Prohibited Acts
(a) (1) This subsection does not apply to the transfer, lease, sale, or purchase of real property on which an invasive plant is located. (2) Except as provided in paragraph (3) of this subsection and in accordance with regulations adopted by the Secretary, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part […]
Section 9.5-303 – Tier 1 Plants — Actions and Duties on Discovery
(a) On finding a tier 1 plant in violation of § 9.5–302(a)(2) of this subtitle, the Secretary may: (1) Issue a written condemnation seizure order; (2) Mark or tag the plant in a conspicuous manner; and (3) Provide written notice to the owner, tenant, or person in charge of the premises. (b) (1) On notice from the Secretary, a person shall […]
Section 9.5-304 – Tier 2 Plants — Finding of Failure to Meet Signage Requirements
(a) If the Secretary finds that a tier 2 plant does not meet the signage requirement under § 9.5–302(b)(1) of this subtitle, the Secretary shall: (1) Issue a stop sale order; and (2) Mark or tag the plant in a conspicuous manner. (b) The Secretary shall give written notice of a finding made under subsection (a) of this section […]
Section 9-212 – Seizure for Noncompliance
Any lot of agricultural, vegetable, herb, flower, tree, or shrub seed not in compliance with the provisions of this subtitle shall be subject to seizure on complaint of the Secretary to a court in the county in which the seed is located. If the court finds the seed is in violation of this subtitle and […]
Section 9-601 – “Ginseng” Defined
In this subtitle the term “ginseng” includes any part of the plant called Wild American Ginseng (panax quinquefolius l.).
Section 9-213 – Prosecutions
(a) When the Secretary finds that any person has violated any of the provisions of this subtitle, he may institute judicial proceedings in the county in which the violation occurred. He may file information with the Attorney General with the view of prosecution. (b) No prosecution under this subtitle may be instituted without first affording the defendant […]
Section 9-602 – Collection Permit; Registration of Dealer
(a) A person who collects and harvests ginseng for sale shall hold a valid annual collection permit from the Department. (b) A person who buys ginseng for resale shall register annually with the Department as a ginseng dealer.
Section 9-214 – Civil Penalties
(a) Instead of any other penalty under this article, the Secretary may impose, on any person who violates an order issued by the Secretary under this subtitle, a civil penalty for each seed lot in violation of the order, as follows: (1) For a first violation for which a civil penalty is imposed, not more than $100; […]
Section 9-603 – Authority of Secretary
The Secretary may: (1) Conduct research to determine ginseng population trends, propagation techniques or ways of conserving ginseng; (2) Promote the conservation and export of ginseng; (3) Establish standards for the certification of ginseng intended for export; (4) Establish guidelines and requirements for the conservation and harvesting of ginseng; (5) Require that records be kept by any person who harvests […]