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 […]
Section 5-302 – Inspections; Rules Governing Certification and Licensing; Development of Programs; Fees; Plant Protection Fund
(a) The Secretary at least once a year shall determine by inspection the health and general condition of the horticultural and agricultural interests in each county of the State. (b) The Secretary shall adopt rules and regulations governing the certification of nurseries and the licensing of dealers and brokers, develop a system for establishing plant standards, including […]
Section 5-304 – Quarantine of Infested or Infected Areas
In order to control, retard, or eradicate dangerously injurious plant pests, the Secretary may: (1) Establish or rescind quarantines against the introduction into the State of any plant material known to be infested or infected or which reasonably may be believed to be infested or infected; (2) Quarantine any area of the State known or reasonably believed […]