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15.06.02.00.htm 15.06.02.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 06 PLANT PEST CONTROL Chapter 02 Plant Pest Control Regulations Authority: Agriculture Article, §5-301―5-314 and 9-302, Annotated Code of Maryland
15.06.02.01.htm 15.06.02.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Broker" means a person, except a nurseryman or dealer, who solicits, takes orders, sells, or distributes nursery stock.2) Dealer.. a) "Dealer" means a person, except a nurseryman or broker, who:. i) Advertises nursery stock for sale or installation; or. ii) Buys, collects, or otherwise acquires wild plants or nursery stock for the purpose of selling, p
15.06.02.02.htm 15.06.02.02. 02 Categories of Operation.. 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:A. Nursery Inspection Certificate.. 1) Christmas tree production―the production of Christmas trees.. 2) Greenhouse plant production―the growing of nursery stock under glass, fiberglass, plastic or other similar material.3) Landscape nursery oper
15.06.02.03.htm 15.06.02.03. 03 Certification of Nurseries.. A. A nursery producing nursery stock for distribution, exchange, or sale shall hold a valid Nursery Inspection Certificate for each sales location.B. Requirements for Certification. An applicant must fulfill the following requirements for certification:1) Make application to the Department on forms provided by the Department;. 2) Furnish an affidavit attesting to the number of acres, or part of an acre, devoted to the production or maintenance of nur
15.06.02.04.htm 15.06.02.04. 04 Plant Dealer License.. A. A plant dealer engaged in the sale or distribution of nursery stock shall hold a valid Plant Dealer License for each sales location.B. Requirements for Licensure. An applicant must fulfill the following requirements for licensure:. 1) Make application to the Department on forms provided by the Department;. 2) Furnish a list of his suppliers of nursery stock;. 3) Maintain records for 1 year of plant acquisitions, including certificate
15.06.02.05.htm 15.06.02.05. 05 Plant Broker License.. A. 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.B. Requirements for Licensure. An applicant must fulfill the following requirements for licensure:. 1) Make application to the Department on forms provided by the Department;. 2) Pay the annual license fee as specified in Regulation .06B at the time of application for, or renewal of, a license;
15.06.02.06.htm 15.06.02.06. 06 Fee Schedule.. A. Fees shall be assessed according to the requirements in §B―I of this regulation.. B. Persons Issued a Nursery Inspection Certificate or a Plant Dealer License.. 1) For field inspections of:. a) 1 acre or less ― $10;. b) More than 1 acre to 5 acres ― $20;. c) More than 5 acres to 10 acres ― $30;. d) More than 10 acres ― $3 for each acre or part of any acre, up to a maximum of $1,000.. 2) Nursery Inspection Certificate ― $100 a year for each sales location..
15.06.02.07.htm 15.06.02.07. 07 Plant Standards.. A. Identification of Nursery Stock Produced in Maryland.. 1) 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) of this regulation:a) 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.
15.06.02.08.htm 15.06.02.08. 08 Infested Plants or Plant Parts.. 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, of this chapter, respectively. Infested plants may be returned to the shipper, treated, destroyed, or otherwise disposed of by the inspector without compensation to the consignor.
15.06.02.09.htm 15.06.02.09. 09 Stop Sale.. A. Nursery stock infested or infected with a dangerously injurious plant pest (See Regulation .12A of this chapter) may be marked with a stop- sale tag indicating that it may not be sold or distributed.B. 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.C. A person may not sell, offer for sale, use, dispose of, or in any way de
15.06.02.10.htm 15.06.02.10. 10 Condemnation Seizure.. A. A condemnation seizure notice may be issued for nursery stock originating in, or shipped into, the State, infested or infected with plant pests.B. 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.C. Nursery stock infested or infected with any pest listed in Regulation .12B shall be destroyed unless the shipper or consig
15.06.02.11.htm 15.06.02.11. 11 Treatment or Destruction Orders.. A. Nursery stock infested or infected with a plant pest (See Regulation .12A―B of this chapter) shall be ordered treated or destroyed.B. The owner, tenant, or person in charge of nursery stock covered by a treatment order shall:. 1) Learn from the inspector of suitable techniques for control of the pests;. 2) Have the nursery stock treated; and. 3) Inform the inspector in writing when pests have been controlled.. C. If a suitable control
15.06.02.12.htm 15.06.02.12. 12 Classification of Plant Pests.. A. Dangerously Injurious Plant Pests.. 1) 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.2) Insects. A stop-sale notice may be issued when the following insects are detected:. a) Stem and trunk borers such as Dogwood, Ash, Lilac, Iris, Rhododendron, Lesser peach tree, Bronze birch, and peach tree;b) Scale insects, such as Euonymus, Elongate hemlo
15.06.02.13.htm 15.06.02.13. 13 Reciprocal Agreements.. A. 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.B. 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.C. All fees for inspection, certification, registration, or licensure, or all of these, will be waived by the Department for out- of-state nurseries,
15.06.02.14.htm 15.06.02.14. 14 Importation of Living Insects, Plant Disease Agents and Other Pests.. A. 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.B. Applications for permits are furnished by the Department upon request.. C. Permit holders shall comply with the conditions specified on the permit.. D. Any shipment or lot wh
15.06.02.15.htm 15.06.02.15. 15 Plant Certification Programs.. A. A person producing plants for special certification under a program supervised by the Department shall meet the standards for certification required by the Department.B. A person producing certified plants will be assessed a fee as indicated in Regulation .06 of this chapter.
15.06.02.16.htm 15.06.02.16. 16 Phytosanitary Certificates.. 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:A. Notify the Department at least 2 weeks before the scheduled shipping date;.
15.06.02.17.htm 15.06.02.17. 17 Revocation, Suspension or Denial of License, Certificate, or Permit.. A. 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.B. 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.
15.06.02.18.htm 15.06.02.18. 18 Criminal Penalty.. A person who violates any provision of these regulations is subject to the following penalties or fines:A. First offense: Upon conviction, a fine not exceeding $500, or imprisonment not exceeding 3 months, or both.B. Second or subsequent offense: Upon conviction, a fine not exceeding $1,000, or imprisonment not exceeding 1 year, or both.
15.06.02.19.htm 15.06.02.19. 19 Civil Penalty.. A. 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:1) Instead of, or in addition to, suspension of the license, permit, or certificate; or. 2) In addition to revocation of the license, permit, or certificate.. B. In assessing a civil penalty imposed under §A(1) of this regulation, the Department shall give consideration to:1) The willfulness of the
15.06.02.9999.htm 15.06.02.9999. Administrative History 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, C amended effective August 9, 2010 (37:16 Md. R. 1060).
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