Regulated Area. All states, territories, and districts outside of Maryland. Regulated Articles. Vegetable plants intended for transplanting, including broccoli, brussel sprout, cabbage, cauliflower, collard, eggplant, kale, lettuce, onion, pepper, asparagus, sweet potato, and tomato. Any of the regulated articles, free from soil or in soil freed from plant pests by methods acceptable to the certifying agency, may be moved into Maryland when accompanied by an official inspection certificate of the state of origin. The certificate shall establish that the plants were grown under, and meet the requirements of, an official plant certification program of the state of origin and that the plants were certified to be free of plant pests based on an inspection made not more than 3 days before shipment or removal from the soil. The official inspection certificate shall be attached to each crate, basket, or other container. Each crate, basket, or other container of plants shall be labeled individually as to variety and number of transplants. Imported transplant standards include the following: All plants shall be of good quality in color, freshness, firmness, strength, straightness, undamaged condition, uniformity of size, and physical condition; Plants shall be apparently free from injurious pests, fruit, excessive bloom, and weeds; Plant count shall equal or exceed the number listed on the container. Any of the regulated articles entering the State are subject to inspection by the Department, and, if any are found to be infested with plant pests, or do not meet transplant standards, or are not accompanied by a valid certificate, they may be destroyed immediately or ordered removed from the State. Each container shall be conspicuously labeled with the name and address of the grower and shipper, the varietal name or names, and the plant count of each variety. Agriculture Article, §§5-301—5-313, Annotated Code of Maryland Effective date: April 13, 1977 (4:8 Md. R. 644) In this chapter, the following terms have the meanings indicated. Terms Defined. “Broker” means a person, except a nurseryman or dealer, who solicits, takes orders, sells, or distributes nursery stock. Dealer. “Dealer” means a person, except a nurseryman or broker, who: Advertises nursery stock for sale or installation; or 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. “Department” means Maryland Department of Agriculture. “Inspection” means the physical or visual examination of nursery stock or other plant materials and its environs. “Inspector” means an employee of the Department designated to enforce these regulations. “Location” means each place from which nursery stock is sold, offered for sale, or distributed. “Nursery” means a place where nursery stock is produced for sale or distribution. “Nursery Inspection Certificate (NIC)” means a certificate issued by the Department to a designated nursery. “Nurseryman” means a person engaged in the production of nursery stock for sale or distribution. “Nursery stock” means: 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; Any nonhardy plant or plant part to be distributed in another state that requires plant inspection and certification before entering that state; and Any other plant included by the Secretary, if regulating its movement is necessary to control any dangerously injurious plant pest. “Person” means an individual, partnership, corporation, association, organized group of persons, or any other legal entity. “Plant Broker License (PBL)” means a license issued by the Department to any persons designated as a broker. “Plant Dealer License (PDL)” means a license issued by the Department to any persons designated as a dealer. “Plant pest” means any insect, snail, nematode, fungus, virus, bacteria, weed, or any other form of terrestrial or aquatic plant or microorganism which is normally considered to be a plant pest or which the Secretary declares to be a plant pest. “Secretary” means Secretary of Agriculture or the Secretary’s designee. “State of origin” means the state where nursery stock was produced or maintained during the previous growing season. The following categories of operations are established and, upon meeting the requirements of these regulations, a person in these categories will be issued the type of certificate or license indicated: Nursery Inspection Certificate. Christmas tree production—the production of Christmas trees. Greenhouse plant production—the growing of nursery stock under glass, fiberglass, plastic or other similar material. Landscape nursery operation—the production of nursery stock to be used for landscape purposes by the producing nursery. Nursery stock production—the growing of nursery stock for sale or distribution. Public agency nursery—a federal, State, or local government agency engaged in the production of nursery stock for research or educational purposes, for reforestation projects, or for use on public lands. Plant Broker License. Broker—a person acting as an agent or middleman between a grower and a wholesale or a retail customer. Plant Dealer License. Chain store—one of two or more retail outlets owned by a person selling nursery stock. Collector—a person engaged in the collection and the sale or distribution of wild or native nursery stock. Garden center—an operation engaged in the sale or distribution of nursery stock. Landscape contractor—a person who installs nursery stock on the property of another. Mail order--the shipping or drop-shipping (at retail) of nursery stock from orders solicited or received through the mail. A nursery producing nursery stock for distribution, exchange, or sale shall hold a valid Nursery Inspection Certificate for each sales location. Requirements for Certification. An applicant must fulfill the following requirements for certification: Make application to the Department on forms provided by the Department; Furnish an affidavit attesting to the number of acres, or part of an acre, devoted to the production or maintenance of nursery stock; Pay annual fees as specified in Regulation .06A at the time of application for, or renewal of, a certificate; Provide access for the inspection of all nursery stock; Follow appropriate cultural practices such that an adequate inspection of the nursery stock can be made; Provide a suitable means of identifying similar blocks of nursery stock, as required by the Department; Keep nursery stock free of plant pests; Furnish a list of his suppliers of nursery stock. A nursery will be assigned a permanent certification number at the time all requirements for certification have been met and the original Nursery Inspection Certificate is issued. Unless sooner revoked, a certificate is valid for a year beginning January 1, or date of issuance, and ending December 31. A certificate is not transferable. Nursery inspection certificates will be renewed annually upon meeting all requirements as outlined in this regulation. A plant dealer engaged in the sale or distribution of nursery stock shall hold a valid Plant Dealer License for each sales location. Requirements for Licensure. An applicant must fulfill the following requirements for licensure: Make application to the Department on forms provided by the Department; Furnish a list of his suppliers of nursery stock; Maintain records for 1 year of plant acquisitions, including certificate of inspection or another document indicating consignor and state of origin; Furnish an affidavit attesting to the number of acres, or part of an acre, used as a holding or sales yard for nursery stock; Pay annual fees as specified in Regulation .06A at the time of application for, or renewal of, a license; Provide access for the inspection of all nursery stock; Follow appropriate cultural practices such that an adequate inspection of the nursery stock can be made; Provide a suitable means of identifying similar blocks of nursery stock as required by the Department; and Keep nursery stock free of plant pests. A plant dealer will be assigned a permanent license number at the time all requirements for licensure have been met and the original license is issued. Unless sooner revoked, a license is valid for a year beginning January 1, or date of issuance, and ending December 31. A license is not transferable. Plant dealer licenses will be renewed annually upon meeting all requirements as outlined in this regulation. A plant broker engaged in the business of soliciting, taking orders, selling, or distributing nursery stock in the State shall hold a valid Plant Broker License. Requirements for Licensure. An applicant must fulfill the following requirements for licensure: Make application to the Department on forms provided by the Department; Pay the annual license fee as specified in Regulation .06B at the time of application for, or renewal of, a license; Furnish a list of nurseries for which he acts as a broker. A plant broker will be assigned a permanent license number at the time all requirements have been met and the original license is issued. Unless sooner revoked, the license is valid for a year beginning January 1, or date of issuance, and ending December 31. A license is not transferable. Plant broker licenses will be renewed annually upon meeting all requirements as outlined in this regulation. Fees shall be assessed according to the requirements in §§B—I of this regulation. Persons Issued a Nursery Inspection Certificate or a Plant Dealer License. For field inspections of: 1 acre or less— $20; More than 1 acre to 5 acres—$30; More than 5 acres to 10 acres—$40; More than 10 acres—$5 for each acre or part of any acre, up to a maximum of $1,500. Nursery Inspection Certificate—$150 a year for each sales location. Plant Dealer License—$150 a year for each sales location. Persons issued a Plant Broker License. Plant Broker License—$150 a year. Certified Seed Potatoes. Production. Field Inspection—$4 an acre or part thereof a year. Bin Inspection—2 cents for each 100 pounds. Imported Seed for Planting. Boxcar or Warehouse Inspection—8 cents for each 100 pounds. Fees are due upon receipt of an invoice from the Department. Trueness to Name Plant Certification. Fees—$50 per acre or part of an acre in plant production. Fees are due upon receipt of an invoice from the Department. Virus-Free Plant Certification. Certification Fee. Each plant producer shall pay the Secretary the following certification fee for each acre, or part of an acre, in plant production: Strawberry plants—$50; Grapevines, fruit trees, and bramble plants—$70. Fees are due upon receipt of an invoice from the Department. Miscellaneous Service Fees. Soil sample analysis: pH—$10; Fertility—$10; Pathogen—$25; Nematode—$25. Pest identification: Routine—$5; Nonroutine—$15; Urgent—$25. Equipment fumigation: Equipment pick up—$25; Equipment return—$25; Hive body/deep super—$4; Shallow super—$3.50; Miscellaneous equipment—$1.50. Phytosanitary certificates: Including travel—$25; Excluding travel—$5. Other Miscellaneous Fees—up to $25 for each: Publication; Inspection; Analysis; or Sample. A federal, State, or local public agency is exempt from the license and inspection fees required by this regulation. Identification of Nursery Stock Produced in Maryland. Each piece of nursery stock offered for retail sale shall be accompanied by a label containing the following information, except as provided in §A(2), below: Plant Name. This name may be the scientific name or an approved common name, or both. The variety name may also be on the label, but may not be used in lieu of the scientific or approved common name. Height or caliper or grade or diameter if sold by this measure. Price of each plant. Nursery stock offered for retail sale shall be exempt from individualized labeling, provided it meets one of the following requirements: Nursery stock that is balled and burlapped, packaged, or in a container shall be grouped by identical size, variety, and cost into a bed or lot separated from similar beds or lots. Each bed or lot shall be marked with a permanent legible sign containing the information required by §A(1) of this regulation. Each block, bed, or row of nursery stock growing in the field shall be marked with a permanent legible sign containing the plant name. Each piece of nursery stock, or lot of identical pieces, sold or transported for wholesale, shall be accompanied by a bill of lading, delivery ticket, invoice, or label containing the information, except price, required by §A(1), above. Identification of Nursery Stock Grown Outside the State. All nursery stock grown outside the State and shipped into the State shall meet the minimum standards for nursery stock grown in the State. If this nursery stock is to be sold at retail, it shall comply with §A(1), above, at time of retail sale. If this nursery stock is sold at wholesale, it shall comply with §A(3), above. If nursery stock is to be shipped from the State to any other state, it shall remain labeled conspicuously as to the name of the plant and the state of origin while maintained in the State. This nursery stock shipped from Maryland shall comply with §A(3), above. Labeling and Advertising. Nursery stock may not be labeled or advertised with false or misleading information. A label shall be legible at the time of sale. A person may not offer for sale, sell, or distribute, any nursery stock represented to be “virus-free”, “essentially virus-free”, or any other similar notation, unless that stock is produced under a program accepted by the Department. All plants offered for sale as “virus-free,” “essentially virus-free”, or any other similar notation shall have state of origin and name of producer on the label. Maintenance of Nursery Stock. Nursery stock offered for sale shall be kept in a healthy condition. Nursery stock which is dead or dying may not be sold or offered for sale. Any plant or plant part, whether or not included under the definition of nursery stock, found in the State infested with injurious plant pests, is subject to stop sale or condemnation seizure procedures outlined in Regulations . 09 and .10, respectively. Infested plants may be returned to the shipper, treated, destroyed, or otherwise disposed of by the inspector without compensation to the consignor. Nursery stock infested or infected with a dangerously injurious plant pest (See Regulation .12A) may be marked with a stop- sale tag indicating that it may not be sold or distributed. The owner, tenant, or person in charge of the property where nursery stock covered by a stop-sale notice is located shall be given written notice of the stop-sale action. A person may not sell, offer for sale, use, dispose of, or in any way destroy nursery stock covered by a stop-sale notice, or detach, alter, or destroy any attached tag without the Department's written authorization. Nursery stock covered by a stop-sale notice shall be treated or destroyed as specified by the Department. A condemnation seizure notice may be issued for nursery stock originating in, or shipped into, the State, infested or infected with plant pests. Nursery stock infested or infected with any pest listed in Regulation .12A shall be destroyed unless the shipper or consignor agrees to have the plants returned to him at his expense. Nursery stock infested or infected with any pest listed in Regulation .12B shall be destroyed unless the shipper or consignor agrees to have the plants returned or treated at his expense. Nursery stock ordered treated may not be sold or offered for sale until it has been released for sale by the inspector. The cost of any required treatment shall be paid by the shipper or consignor. The shipper or consignor shall forfeit any nursery stock condemned, seized, or destroyed, and may not collect its value from a purchaser or consignee. A condemnation seizure notice may be issued for nursery stock that is not properly certified by the state of origin. The nursery stock shall be destroyed unless the shipper or consignor agrees to: Have the nursery stock returned at his expense; Provide proper certification; Authorize an inspector to examine and certify the nursery stock at the expense of the shipper or consignor. Nursery stock infested or infected with a plant pest (See Regulation .12A--B) shall be ordered treated or destroyed. The owner, tenant, or person in charge of nursery stock covered by a treatment order shall: Learn from the inspector of suitable techniques for control of the pests; Have the nursery stock treated; and Inform the inspector in writing when pests have been controlled. If a suitable control technique is not available, or if control is not obtained, or if the owner, tenant, or person in charge of the nursery stock fails to comply with a treatment order, nursery stock shall be destroyed by the owner in a manner approved and supervised by the Department. If the owner, tenant, or person in charge refuses or fails to comply with the destruction order, the Department shall seize, destroy, or treat the infested or infected nursery stock and Owner shall pay costs. Dangerously Injurious Plant Pests. A stop sale notice may be issued when any plant pest of quarantine significance is detected or is a plant pest that is not known to occur in the State. Insects. A stop-sale notice may be issued when the following insects are detected: Stem and trunk borers such as Dogwood, Ash, Lilac, Iris, Rhododendron, Lesser peach tree, Bronze birch, and peach tree; Scale insects, such as Euonymus, Elongate hemlock, Hemlock, Pit, Obscure, Japanese maple, Latania, Camellia, Oystershell, San Jose, Tea, White peach, Yangicola; Beetles, such as Whitefringed, Black vine weevil, Fullers rose beetle, White pine weevil; Caterpillars such as Gypsy moth; Gall adelgids such as Eastern spruce; Leafminers, such as Boxwood; Plant Diseases. A stop-sale notice may be issued when the following plant diseases are detected: Vascular wilt diseases, such as Dutch elm disease, Oak wilt, Verticillium wilt, Mimosa wilt, Phytophthora wilt, Elm phloem necrosis; Canker diseases, such as Chestnut blight, Nectria cankers, Botryosphaeria cankers, Cytospora cankers, White pine blister rust, Phytophthora cankers, Fusarium cankers, Strumella cankers, Volutella cankers, Phomopsis cankers, Discula anthracnose of dogwood; Bacterial diseases, such as Crown gall, Fire blight, Wetwood (Slime-flux); Galls, such as Rust galls on Pinus spp., Black knot on Prunus spp., Cedar-apple rust galls on Juniperus spp., Crown gall, Root-knot nematode; Plants infected with viruses or phytoplasms, such as Holly ringspot, Rose mosaic, Rose ring pattern, Stem pitting of Prunus, Fasciation, Witches'-broom Tospoviruses; Root diseases, such as Armillaria root rot (Shoestring root rot); Phytophthora, Pythium, Rhizoctonia, and Fusarium root rots; Damping-off; Wilts; Root-knot, cyst, and other plant parasitic nematodes; Needle blight, needle cast, and needle rust diseases of evergreens, such as Diplodia tip blight, Phomopsis blight, Brown spot needle blight, Lophodermium needle cast, Rhabdocline needle cast, Coleosporium needle rust; Gymnosporangium rusts, such as Hawthorn, and Cedar-apple; Any other disease or abnormal condition of growth determined by the Department to be dangerously injurious to plants. Weeds. A stop-sale notice may be issued when the following weeds are detected infesting the soil known as the root ball: Mugwort, Bermudagrass, Dodder, Johnsongrass, Poison ivy, Thistles, Witchweed, Mile-a-Minute, or any other weed determined by the Department to be dangerously injurious. Harmful Plant Pests. Insects. A treatment order may be issued when the following insects constitute a serious threat or are causing economic damage to nursery stock: Scale insects, such as Gloomy, Putnam, Scurfey, Wax, Magnolia, Tulip trees, Peony; Caterpillars, such as Bagworm, European pine shoot moth, Nantucket pine tip moth; Lace bugs, such as Azalea, Andromeda, Hawthorn; Adelgids, such as pine bark; Leafminers, such as Holly; Mites, such as Twospotted spider, Spruce spider, Southern red; Beetles, such as Japanese, Japanese Weevil, and Aphids. Diseases. A treatment order may be issued when the following diseases or disorders constitute a serious threat or are causing economic damage to nursery stock: Foliar and flower diseases, such as Anthracnose, Powdery mildew, Leaf spots, Botrytis blight, Scab, Sooty mold, Leaf blister, Petal and flower blights, nutritional problems. Weeds. A treatment order may be issued when the following weeds are detected in a nursery or sales yard: Mugwort, Dodder, Johnsongrass, Yellow Nutsedge, Thistle, or any other weed determined by the Department to be harmful. Nursery stock from other states shall be received in the State on the same basis as nursery stock from the State is received in other states. An official directory of certified nurseries and licensed plant dealers will be accepted from other states in lieu of an individually filed certificate or license. All fees for inspection, certification, registration, or licensure, or all of these, will be waived by the Department for out- of-state nurseries, plant dealers, and brokers selling or distributing nursery stock in the State, providing similar fees are waived for State nurseries, plant dealers, and brokers by the reciprocating state. A person may not import into the State any live insect, plant disease agent, or other pest for research, educational, or other purposes unless that importation is authorized by a permit issued by the Department. Applications for permits are furnished by the Department upon request. Permit holders shall comply with the conditions specified on the permit. Any shipment or lot which is not authorized by a valid permit shall be destroyed immediately unless the Secretary determines that the contents of a shipment or lot do not pose any danger to agriculture. If the Secretary issues this determination, a shipment or lot will be held for proper certification or will be returned to its point of origin. A person producing plants for special certification under a program supervised by the Department shall meet the standards for certification required by the Department. A person producing certified plants will be assessed a fee as indicated in Regulation .06. Plants shipped interstate or internationally may be required by another jurisdiction to have a Department-issued phytosanitary certificate before shipment. The Department will issue a certificate only when required by the destination state or country. If a person requests the Department to issue this certificate, that person shall: Notify the Department at least 2 weeks before the scheduled shipping date; Provide information as required by the Department; and Provide access for the inspection of plants to be certified. The Department, after notice and an opportunity for a hearing, may revoke, suspend, or deny a license, certificate, or permit or impose a civil penalty for a failure to comply with the Plant Pest Control Law or regulations. A person may appeal the denial, revocation, or suspension of a license, certificate, permit, or civil penalty according to Departmental regulations and the Administrative Procedure Act. A person who violates any provision of these regulations is subject to the following penalties or fines: First offense: Upon conviction, a fine not exceeding $500, or imprisonment not exceeding 3 months, or both. Second or subsequent offense: Upon conviction, a fine not exceeding $1,000, or imprisonment not exceeding 1 year, or both. If the Department determines that a violation of this subtitle has occurred, it may impose a civil penalty of not more than $500 for each violation: Instead of, or in addition to, suspension of the license, permit, or certificate; or In addition to revocation of the license, permit, or certificate. In assessing a civil penalty imposed under §A(1) of this regulation, the Department shall give consideration to: The willfulness of the violation, the extent to which the existence of the violation was known to the violator, but uncorrected by the violator, and the extent to which the violator exercised reasonable care; Any actual harm to the agriculture, environment, and natural resources of this State; and The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty to the Department. Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland Effective date: January 13, 1978 (5:1 Md. R. 19) Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February 10, 1986 (13:3 Md. R. 273) Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393) Chapter revised effective October 2, 2000 (27:19 Md. R. 1728) Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025) Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060) Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328) “Department” means Maryland Department of Agriculture. “Ginseng” means any part of the wild herb, American Ginseng (Panax quinquefolius L.). “Person” means an individual, partnership, corporation, association, or organized group of persons, or any other legal entity. Regulated area: Maryland. Regulated article: American Ginseng (Panax quinquefolius L.), intended for sale. Ginseng roots may be collected only during the collection season from September 1 through December 1. Roots from ginseng plants less than 5 years of age or with fewer than three five-leaflet leaves (three prongs) or with immature seeds (green berries) may not be collected. Unless otherwise authorized by the Department, all seeds from collected or harvested ginseng plants shall be planted properly in the vicinity of the collected plant immediately after collection or harvest. A person who collects or harvests ginseng intended for sale shall hold a valid annual collecting permit for each collecting season. A permit applicant shall do the following annually: Make application on Departmental forms; Pay a $2 fee to the Department; and Maintain the following records for 3 years and make them available, upon request, to the Department: The amount of ginseng collected in each county, The name and address of any dealer who purchases ginseng from the collector. A collecting permit is not transferable. After a hearing by the Department, a collecting permit may be revoked for a violation of this chapter. Before selling ginseng, a collector shall certify on a Departmental form where the ginseng was collected or harvested. Before moving ginseng for sale from Maryland, a collector or dealer shall have it physically inspected and certified by a representative of the Department. A person who buys ginseng for resale shall register annually with the Department and pay a $20 fee. Dealers shall keep the following records for 3 years and make them available, upon request, to the Department: For each sale, the name and permit number, or dealer registration number, of the seller and the weight in pounds and ounces or kilograms and grams of ginseng purchased. The total amount paid annually for ginseng collected in Maryland. After a hearing by the Department, a dealer's registration may be revoked for a violation of this chapter. Agriculture Article, §9-603, Annotated Code of Maryland Effective date: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978 Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500) Chapter revised effective February 14, 1983 (10:3 Md. R. 210) Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723) These regulations establish a science-based status assessment protocol to determine the harm and impact caused by invasive plants, including an approval procedure for activities involving invasive plant species that cause or are likely to cause severe harm and administrative orders that the Secretary may issue to enforce these regulations. In this chapter, the following terms have the meanings indicated. Terms Defined. “Classify as a prohibited invasive plant” means the Secretary is including an invasive plant on the Consolidated List of Maryland Invasive Plant Species in accordance with the Agriculture Article, §§9.5-301 and 9.5-301.1, Annotated Code of Maryland. “Commercial entity” means an entity that engages in a plant removal activity for profit. “Committee” means the Invasive Plants Advisory Committee. “Consolidated List of Maryland Invasive Plant Species” means a list of plant species classified as prohibited invasive plants in accordance with Agriculture Article §§9.5-301 and 9.5-301.1, Annotated Code of Maryland. “Early Detection Rapid Response (EDRR) Plant Species” means a nonnative plant species that: Is not yet widespread in the State but is at risk of: Becoming established as an invasive species; and Causing significant damage; and Has: Been found in at least one native species habitat in the State; or Not yet been found in the State. “Expert Assessor” means: An individual or a team within the Department or the Department of Natural Resources; or A qualified independent assessor. Invasive plant. Invasive Plant means any living part of a plant species or its subspecies that did not evolve in the State and if introduced within the State, will cause or is likely to cause, as determined by the Secretary: Economic harm; Ecological harm; Environmental harm; or Harm to human health. “Invasive plant” includes a commercial or noncommercial plant that is terrestrial or aquatic and meets the definition under §B(7)(a) of this regulation. “Invasive Plant Species Status Assessment Protocol” means a protocol based on the NatureServe’s 2004 protocol (An Invasive Species Assessment Protocol: Evaluating Non-Native Plants for the Impact on Biodiversity. Version 1.) “Invasiveness Rank” means a rank assigned to a nonnative species to signify its level of invasiveness (i.e., high, medium, low or insignificant) based on the results of an invasive assessment protocol. “Landscaping services” includes services for ornamental horticultural design, maintenance, and installation of living plants. “Prohibited invasive plant” includes invasive plant species that cause or are likely to cause severe harm within the State. “Qualified independent assessor” means an individual or team that: Possesses at least 2 years of field experience in invasive plant species in Maryland or in nearby jurisdictions, including Washington, D.C., Delaware, New Jersey, New York, Pennsylvania, Virginia, and West Virginia; and Has assessed invasive plant species without supervision from the Department, the Department of Natural Resources or the Committee. “Watch List” means a list of plant species that: Have been assessed by an expert assessor in accordance with Agriculture Article, §9.5-301, Annotated Code of Maryland; Were not determined by the assessment to be eligible for classification as a prohibited invasive plant; and May be reassessed in the future. The Secretary shall determine whether an invasive plant qualifies as a prohibited invasive plant or a plant for the Watch List based on the following protocol. An expert assessor shall complete a plant status assessment based on the NatureServe’s 2004 protocol (an invasive species assessment protocol: evaluating non-native plants for their impact on biodiversity. Version 1.) Assessments completed by an expert assessor shall be reviewed and approved by the Invasive Plant Advisory Committee. Except as approved by the Secretary under this regulation, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a prohibited invasive plant in the State. A person may conduct an activity prohibited under §A of this regulation if: The person receives approval from the Secretary before conducting the activity; and The activity is for the purpose of: Disposing of the invasive plant; Controlling the invasive plant; Using the invasive plant for research or educational purposes; or Exporting the invasive plant out of the State A person has the Secretary’s approval and may engage in any activity prohibited by §A of this regulation for the limited purpose of: Controlling a prohibited invasive plant, provided: The person is not a commercial entity; The plant is not taken off-site; and The plant is not placed at a location in the proximate vicinity of a roadway or waterway that could facilitate the movement of the invasive plant off-site; or Transporting a prohibited invasive plant off-site for the purpose of identification or disposal, provided: The person is not a commercial entity; and The plant is removed according to the provisions of Regulation .06G of this chapter. For approvals not granted under §C of this regulation, a person may submit a written request to the Secretary for approval of any activity allowed under §B of this regulation with the following information: Name; Business, nursery, or plant dealer license number if applicable; Phone; Email address; Prohibited invasive plant for which approval is being requested (full botanical name); Specific location of the prohibited invasive plant; Proposed activity; Method of safeguarding dispersal of all propagules and all other living parts of the prohibited invasive plant; Time frame of the proposed activity; and Any other information required by the Secretary. Upon notice and an opportunity to be heard, the Secretary may: Withdraw or revoke any approval for any person who violates any condition of any approval by the Secretary; or Revise any approval as a condition of any permit, based on new information obtained after an approval is granted. The Secretary may issue administrative orders to enforce the provisions of this chapter and Agriculture Article, Title 9.5 (Invasive Plants Prevention and Control), Annotated Code of Maryland, as follows: Order any person to cease propagating, importing, transferring, selling, purchasing, transporting, or introducing any living part of a prohibited invasive plant in the State; Order the condemnation and seizure of any prohibited invasive plant owned or possessed by any person who violates Agriculture Article, §9.5-302(b), Annotated Code of Maryland; Order the marking or tagging in a conspicuous manner of a prohibited invasive plant owned or controlled by any person subject to an order of the Secretary under this chapter; Order any person, on notice from the Secretary, to dispose of any prohibited invasive plant that is held in violation of this chapter or in violation of Agriculture Article, Title 9.5, Annotated Code of Maryland, in a manner that renders all plant parts nonviable, or allow a person to return a prohibited invasive plant to the out-of-State supplier of the plant, as approved in advance by the Secretary; Order a person to make any prohibited invasive plant available to the Secretary for destruction if the person has failed to dispose of the prohibited invasive plant as ordered by the Secretary and require that person to pay any destruction cost; Order a person to take any action that the Secretary considers necessary to enforce the requirements of Agriculture Article, Title 9.5, Annotated Code of Maryland. A person who violates any order issued by the Secretary is subject to a civil penalty not to exceed $500 for each violation. The Prohibited invasive plants are those plants listed on the Consolidated List of Maryland Invasive Plant Species found on the Maryland Department of Agriculture’s website, Plant Protection and Weed Management page. Phase-out periods for Prohibited Invasive Plants. A person in possession of a prohibited invasive plant, except a person who is growing a woody plant in ground, shall comply with the prohibited invasive plant provisions of this chapter within 1 year of that plant’s effective date on the prohibited invasive plant list. A person who is growing a prohibited invasive plant in ground shall comply with the provisions of this chapter within 2 years from that plant’s effective date on the prohibited invasive plant list. A person may not acquire a new prohibited invasive plant after that plant’s effective date on the prohibited invasive plant list. Sales Limited to Existing Stock. During the phase-out period, a person may only sell the existing stock of a prohibited invasive plant that person has in inventory as of the date the plant was placed on the prohibited invasive plant list. Exemption Request. The Secretary may consider an exemption request from a nursery, broker or plant dealer licensed under Agriculture Article, §5-309, Annotated Code of Maryland to extend the phase-out period for a specific plant species that has been placed on the prohibited plant list. In considering an exemption request, the Secretary shall: Receive and consider input from the Invasive Plant Advisory Committee including the species’ economic harm, ecological harm, environmental harm, and harm to human health; and Consider the economic impact that the phase-out period has on the affected person. The person seeking the exemption shall submit a written request to the Secretary providing the same information specified in Regulation .04D of this chapter. If the Secretary grants a person’s exemption request to extend the phase-out period for a specific plant species, the extension may not be more than 1 year. The Secretary shall maintain a listing of plants on the Watch List, which listing may be amended from time to time. Procedures for Classification or Declassification of a prohibited invasive plant and associated cultivars. A person who requests the classification or declassification of a plant as a prohibited invasive plant, shall submit a written request to the Secretary that includes the name of the requestor, contact information, scientific name of the plant, and a justification for the request. Upon receipt of the request the Secretary, in consultation with the Invasive Plant Advisory Committee, shall make a determination, considering: Whether the plant is or could potentially be sold or marketed in the State; If the plant has already been assessed pursuant to Regulation .03 of this chapter, whether new, science-based information is available that could change the species' designation as a prohibited invasive plant; and If the plant has not been assessed pursuant to Regulation .03 of this chapter, whether the justification for the request, including documented scientific evidence of economic, ecological, or environmental harm, or harm to human health, necessitates formal weed status assessment, assessment of invasiveness, or both. The Secretary shall notify the requestor of the final decision regarding the request. Distribution of the Prohibited Invasive Plant List and the Watch List. The Secretary shall send the Prohibited Invasive Plant List and the Watch List with annual renewal letters and with each new application for a nursery, plant dealer, or plant broker license. The Secretary shall post the Prohibited Invasive Plant List and the Watch List on the Department's website. A person in the business of providing landscaping services who plants or supplies for planting a plant on the Watch List shall provide to the customer requesting the service the Watch List. Disposal of Prohibited Invasive Plants. Any person who removes a prohibited invasive plant off-site shall ensure that: The plant is completely contained (for example, covered or securely tarped in a solid conveyance, or bagged) to prevent the escape of plant parts into the environment; and If the plant is being removed for disposal, it is removed to a Maryland Department of Environment approved landfill or compost facility for burial or composting. Agriculture Article, §§2-103(b) and 9.5-301, Annotated Code of Maryland 53:3 25-186-E (Regulations .01 — .06) EMERGENCY ACTION IN EFFECT 1/15/2026 — 7/14/2026 Effective date: January 21, 2013 (40:1 Md. R. 21) Chapter revised effective April 11, 2016 (43:7 Md. R. 452) Regulation .01 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .02B amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .03 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .04A, C, D amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .05A amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .06 amended effective February 13, 2017 (44:3 Md. R. 189) Regulation .06 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .06A, C amended effective April 23, 2018 (45:8 Md. R. 422) Regulation .06C amended effective March 23, 2020 (47:6 Md. R. 342) Regulation .07 repealed as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) These regulations establish a list of plants and weeds that are considered to be noxious weeds in this State. They also describe programs or practices that the Department may carry out that are necessary for the control and eradication of noxious weeds. In this chapter, the following terms have the meanings indicated. Terms Defined. “Department” means the Maryland Department of Agriculture. “Noxious weed” means an annual, biennial, or perennial weed or plant that adversely affects or threatens agricultural production. “Secretary” means the Secretary of Agriculture or the Secretary’s designee. The Secretary has determined that the following weeds and plants are noxious weeds in this State: Johnsongrass (Sorghum halepense); Shattercane (Sorghum biclor); Canada Thistle (Circium arvense); Musk/Knodding Thistle (Carduus nutans); Plumless Thistle (Carduus acanthoides); Bull Thistle (Circium vulgare); Palmer Amaranth (Amaranthus palmeri); and Tall Waterhemp (Amaranthus tuberculatus, A. rudis). The Secretary may institute programs or carry out practices necessary for the control and eradication of a noxious weed on public or private lands, including, but not limited to, mowing and spraying. The Secretary may enter into agreements with a county or other political subdivision of the State, including a soil conservation district, to implement a program for the control and eradication of noxious weeds. These agreements may allow the Department to provide technical assistance and oversight by a noxious weed program administered by the county or other political subdivision of the State. The Secretary also may enter into agreements with an adjoining state or an agency of the federal government to implement a program for the control and eradication of noxious weeds. Instead of pursuing the criminal penalties set forth in Agriculture Article, Title 12, Annotated Code of Maryland, the Secretary may impose on any person who violates this chapter a penalty of: For a first violation, not more than $500; For a second violation, not more than $1,000; or For a third or subsequent violation, not more than $2,000. Agriculture Article, §§9-401 et seq., Annotated Code of Maryland Effective date: June 1, 2020 (47:11 Md. R. 560)