Section 5-306 – Right of Entry; Treatment of Plants
(a) To accomplish the purpose of this subtitle, the Secretary may enter any public or private land or property, vehicle, vessel or aircraft in the State to inspect, destroy, treat, or experiment with dangerously injurious plant pests. It is unlawful to deny access to, offer any resistance to, hinder, misrepresent or conceal facts from the Secretary […]
Section 5-307 – Marking or Tagging Infested or Infected Plants; Notice to Owner; Destruction
(a) If the Secretary or his designee finds any plant infested or infected with any dangerously injurious plant pest, he shall issue a stop sale notice and mark or tag the plant in a conspicuous manner. He shall give written notice to the owner, tenant, or person in charge of the premises. (b) If the person notified […]
Section 5-308 – Reciprocal Agreements for Nursery Stock
The Secretary may enter into reciprocal agreements with other states to provide that shipments of Maryland nursery stock shall be received on the same basis as the nursery stock of other states is received in Maryland under the provisions of this subtitle.
Section 5-309 – Inspection of Nurseries; Inspection and License Fees; Special Certificates for Certain Plants
(a) At least once each year the Secretary shall inspect each nursery in the State to determine if the nursery stock is infested or infected with dangerously injurious plant pests. Each nursery shall pay the Secretary an inspection fee based upon the number of acres in production: 1 acre or less, $10; more than 1 acre […]
Section 5-310 – Shipping Nursery Stock Into State
(a) If any nursery stock is shipped into the State from any other state to any nurseryman, broker, dealer, or other person in the State, every carload, bale, box or package shall be plainly labeled on the outside with (1) the name of the consignor, (2) the name of the consignee, and (3) a certificate showing […]
Section 5-311 – Selling or Shipping Nursery Stock Without Certificate
(a) No nurseryman, broker, dealer, or other person may sell, ship, send, donate by mail, express, freight, or otherwise distribute nursery stock from any nursery or orchard, unless it is accompanied by a copy of the Department certificate printed on a tag or label that is not easily destroyed. (b) The tag or label shall be firmly […]
Section 5-312 – Condemnation of Diseased Nursery Stock Sold, Shipped or Delivered in State
If any nurseryman, dealer, or agent of a carrier sells, ships, or delivers in the State any nursery stock infested or infected with dangerously injurious plant pests which upon examination by the Secretary is condemned, the nursery stock shall be destroyed, and the nurseryman, dealer, or agent shall forfeit the value of the stock and […]
Section 5-313 – Penalties for Violations of Subtitle
Any person who violates any provision of this subtitle is subject to the penalties and fines set forth in Title 12 of this article.
Section 5-314 – Alternative Civil Penalty; Payments; Regulations
(a) Instead of any other penalty authorized under this article, the Secretary may impose, on any person who violates any provision of this subtitle or any order which the Secretary has issued under this subtitle, a civil penalty not exceeding $500 for each violation. (b) Penalties collected by the Secretary under this section shall be paid into […]
Section 5-301 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Broker” means any person who solicits, takes orders, sells or distributes nursery stock in the State other than a nurseryman or dealer. (c) (1) “Dealer” means any person, except a nurseryman or broker, who advertises nursery stock for sale or installation or who buys, collects, or otherwise […]