In this subtitle the following words have the meanings indicated. “Broker” means any person who solicits, takes orders, sells or distributes nursery stock in the State other than a nurseryman or dealer. “Dealer” means any person, except a nurseryman or broker, who advertises nursery stock for sale or installation or who buys, collects, or otherwise acquires wild plants or nursery stock for the purpose of selling, planting or distributing them. “Dealer” does not include a person who acquires plants for personal use. “Nursery” means any place where nursery stock is produced for sale or distribution. “Nursery stock” means (1) any hardy plant or plant that survives Maryland winters, including a deciduous or evergreen tree, shrub, or woody vine whether cultivated, native, or wild, and all viable parts of the plant; (2) any nonhardy plant or plant part to be distributed in another state that requires plant inspection and certification before entering that state; and (3) any other plant included by the Secretary, if regulating its movement is necessary to control any dangerously injurious plant pest. “Nurseryman” means any person engaged in the production of nursery stock for sale or distribution. “Plant pest” means any insect, snail, nematode, fungus, virus, bacteria, weed, or any other form of terrestrial or aquatic plant or microorganisms (except viruses, bacteria, or other microorganisms on or in living man or another living animal) which is normally considered to be a plant pest or which the Secretary declares to be a pest.

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. 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 pest free stock, develop a program for preventing the sale or distribution of plants that may be infested or infected with dangerously injurious pests, and establish reasonable fees, not to exceed $25, for services provided under this subtitle. All fees collected under the provisions of this subtitle shall be placed in a fund known as the “Plant Protection Fund” and used to partially defray the expense of administering this subtitle. Any unexpended funds at the end of the fiscal year shall revert to the general funds of the State.

In order to control, retard, or eradicate dangerously injurious plant pests, the Secretary may: 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; Quarantine any area of the State known or reasonably believed to be infested or infected with dangerously injurious plant pests; Regulate the movement of infested or infected plant material or nonplant material likely to transfer the infestation or infection from a quarantined area to a noninfested or noninfected area; Remove any quarantine when the purpose for which it was established is achieved; Regulate or prohibit the planting of any crop in a quarantined area which the Secretary determines would prevent or limit the control, retardation, or eradication of any dangerously injurious plant pest for which the quarantine is established; and Issue directives for any quarantined area as an integral part of the quarantine order relating to treatment of infested or infected crops and to treatment of soil, implements, storage facilities, or any other equipment or materials in the area that are likely to be a factor in transmitting any dangerously injurious plant pest to nonquarantined areas in the State.

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. If the Secretary determines that an infestation, infection, or disease exists, he may control or retard its spread by aircraft dissemination of pesticides, notwithstanding any other provision of law. To carry out the provisions of this section, the Secretary may expend funds appropriated in the State budget or otherwise for use in controlling incipient, emergency, or persistent insect, fungus, or disease outbreaks which the Secretary determines require immediate elimination as a menace to the economic welfare and health of the people of the State. The Secretary may receive and expend funds from any person for the purposes of this section. He may employ personnel and execute work undertaken pursuant to this section by contract or open account as he deems to be in the best interest of the State. The Secretary may cooperate with any other state or any other state or federal agency in determining the necessity for and conducting aircraft dissemination of pesticides. In the case of human diseases, the Secretary shall cooperate with the Maryland Department of Health.

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 or his agent in the performance of their duties. If the Secretary determines that any dangerously injurious plant pest can be controlled without destroying the plant, then he shall order it treated. If the person notified fails to comply with the order, the Secretary shall apply the appropriate control measures and the owner shall pay the cost. If the owner refuses to pay the cost, it shall be collected as provided in § 5-307. The Secretary may treat any suspicious plant found in dangerous proximity to those infested or infected in order to prevent dissemination.

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. If the person notified does not destroy or treat the infested or infected plant pursuant to the departmental rules and regulations, the Secretary shall destroy or treat the plant. The Secretary shall prepare a statement of the expenses of destruction or treatment and shall transmit a copy of the statement and account to the State’s Attorney of the county where the owner of the premises resides. The State’s Attorney shall collect the expenses and account to the Secretary. The copy of the statement and account is sufficient evidence to prove the claim.

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.

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 on the number of acres in production as follows: 1 acre or less, $20; More than 1 acre to 5 acres, $30; More than 5 acres to 10 acres, $40; and More than 10 acres, $5 for each acre, or part of any acre, up to a maximum of $1,500. All fees collected under paragraph (2) of this subsection shall be deposited into the Plant Protection Fund and used to defray partially the cost of inspecting the nurseries. Each nursery shall be certified annually by the Secretary if it meets standards established by the Department regarding freedom from plant pests and on payment of a fee of $150. All fees collected under paragraph (1) of this subsection shall be deposited into the Plant Protection Fund and used to defray partially the cost of inspecting and certifying the nurseries. Each broker or dealer shall comply with the regulations established by the Department and shall pay an annual license fee of $150. The Secretary may inspect annually the nursery stock in a sales or holding yard of a broker or dealer. Each broker or dealer shall pay the Secretary an inspection fee as provided in subsection (a) of this section. All fees collected under paragraph (1) of this subsection shall be deposited into the Plant Protection Fund and used to defray partially the cost of inspecting and licensing the brokers and dealers. The Secretary may certify plants: To be apparently free of injurious viruses or other diseases; or That conform to established standards of strain purity. Each plant producer shall pay the Secretary a certification fee for each acre, or part of an acre, in plant production as follows: Strawberry plants, “Cape” American beachgrass, “Avalon” Saltmeadow cordgrass, $50; and Grape vines, fruit trees, and bramble plants, $70. All fees collected under paragraph (2) of this subsection shall be deposited into the Plant Protection Fund and used to defray partially the cost of virus indexing, inspection, and analysis of plants certified or tagged. If dangerously injurious plant pests are found in any nursery, orchard, or any premises where nursery stock is grown or held for sale, the Secretary shall order it treated or destroyed by the nursery or dealer. The Secretary shall release all other nursery stock grown on the premises, and issue a certificate of inspection to the owner. If the nursery or dealer fails to comply with the order, the Secretary shall seize, destroy, or treat the infested or infected nursery stock and the owner shall pay the costs. If an owner refuses to pay the costs required under paragraph (3) of this subsection, the costs shall be collected in accordance with § 5–307 of this subtitle. A federal, State, or local public agency is exempt from the license and inspection fees required by this section.

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 that the contents have been inspected by a qualified State or government officer, and that the nursery stock is apparently free from any dangerously injurious plant pests. If any nursery stock is shipped into the State from any other state without a certificate plainly fixed on the outside of each carload, box, bale, or package, the agent of the person receiving it may not deliver the nursery stock to the consignee or agent representing the consignor. The agent of the recipient shall notify the Secretary. The Secretary immediately shall request any District Court to issue a summons ordering the consignee, consignor, or their agents to appear before it on a certain day named in the summons to show why the nursery stock should not be seized for violating the provisions of this subtitle. If the Court is satisfied that the provisions of this subtitle have been violated, it shall order the consignee or his agent to return the carload, box, bale, or package of nursery stock immediately to the consignor, unless the consignee or agent of the consignor at his expense has the nursery stock examined and certified by the Secretary. If the agent or consignee fails to have the nursery stock examined and certified by the Secretary or fails to return the carload, box, bale or package, then the Court shall order the constable, sheriff, or any law enforcement officer to burn and destroy any nursery stock shipped into the State in violation of this subtitle.

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. The tag or label shall be firmly attached in a conspicuous position on each carload, box, bale, or package sent or delivered.

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 may not collect its value from the purchaser or consignee.

Any person who violates any provision of this subtitle is subject to the penalties and fines set forth in Title 12 of this article.

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. Penalties collected by the Secretary under this section shall be paid into the General Fund of the State. The Secretary shall adopt regulations to carry out the provisions of this section.