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Home » US Law » 2022 Maryland Statutes » Agriculture » Title 5 - Pesticide and Pest Control » Subtitle 3 - Plant Disease Control

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 […]

Section 5-305 – Aircraft Dissemination of Insecticides, Fungicides, and Bactericides

    (a)    The Secretary shall determine whether any plant infestation, plant infection or animal or human disease with a known or suspected arthropod vector exists which may be controlled or its spread retarded by aircraft dissemination of pesticides.     (b)    If the Secretary determines that an infestation, infection, or disease exists, he may control or retard its spread by […]

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 5-308 – 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 5-310 – 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 5-314 – 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 […]