reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1011 - Revocation or Suspension of Certifications

(a)    In accordance with the Administrative Procedure Act, on notice and opportunity to be heard, the Department may suspend or permanently revoke the certification of:
(1)    An agricultural operation certified under this subtitle; and
(2)    A person certified as a verifier under this subtitle.
(b)    A certification for an agricultural operation or a verifier issued under this subtitle may be suspended or permanently revoked according to procedures established by regulation if the certification holder violates:
(1)    This subtitle; or
(2)    A regulation adopted by the Department under this subtitle, including a regulation establishing other good cause for suspension or revocation.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1013 - Oversight Committee

(a)    (1)    The Department shall establish an oversight committee.
(2)    The oversight committee shall include representatives of diverse interests.
(b)    The oversight committee shall:
(1)    Monitor and provide oversight on the development and implementation of policies and standards relating to the Program;
(2)    Assist in the development of regulations adopted to implement this subtitle; and
(3)    Meet at least once every year to evaluate the performance of the Program and make recommendations for improvements to or termination of the Program.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 1 - Maryland Turf Grass Law › Section 9-102 - Duties of Secretary

(a)    The Secretary shall inspect, sample, analyze, test, and examine sod, plugs, and sprigs offered or exposed for sale within the State for planting purposes, at any time and place and to the extent he deems necessary, to determine whether the sod, plugs, or sprigs are in compliance with the provisions of this subtitle. He shall notify promptly the person who transported, sold, offered or exposed the sod for sale, of any violation.
(b)    Following a public hearing and public notice, the Secretary may adopt rules and regulations governing the methods of:
(1)    Labeling, inspecting, sampling, analyzing, testing, and defining prohibitive and restrictive noxious weeds;
(2)    Examining sod, plugs, or sprigs, and the tolerances to be followed in the administration of this subtitle; and
(3)    Other rules and regulations necessary.
(c)    The Secretary shall direct the sod certification program in the State.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 1 - Maryland Turf Grass Law › Section 9-103 - Powers of Secretary

To carry out the provisions of this subtitle, the Secretary may:
(1)    Establish and maintain or make provisions for laboratory and field testing of sod, employ qualified persons, and incur expenses necessary to comply with these provisions;
(2)    Make or provide for making purity analyses, weed examinations, tests and examinations of fields for farmers and dealers on request;
(3)    Following a public hearing and reasonable public notice, prescribe rules and regulations governing the analyses, tests, and examinations, and fix and collect charges for the analyses, tests, and examinations made;
(4)    Publish the results of the analyses, tests, and examinations;
(5)    Enter on any public or private premises or vehicle during regular business hours and stop any public or private sod carrying vehicle when necessary to insure compliance;
(6)    Issue to the owner or custodian of any lot of sod in violation of this subtitle, a written or printed “stop-sale” order prohibiting sale of sod until it complies with this subtitle, and enforce it; or
(7)    Apply to the circuit court of any county for a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted under it, notwithstanding the existence of any other remedy at law.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 1 - Maryland Turf Grass Law › Section 9-104 - Labeling

(a)    Every lot of severed turf grass sod, plugs, and sprigs, as defined under this subtitle, which is sold, exposed for sale, installed, transported, or advertised within the State for planting purposes by a dealer shall be accompanied by or have attached to the bill of lading, bill of sale, sales slip, or invoice a label containing the following information plainly written or printed in the English language:
(1)    The recognized common names;
(2)    The variety of each component;
(3)    The texture, origin, and net measure;
(4)    The presence of restricted noxious weeds;
(5)    The name and address of the dealer who labeled the lot; and
(6)    If the kind or mixture is not known, this fact shall be stated.
(b)    The information on the label may not be falsely modified or represented in advertisements pertaining to the sod, plugs, or sprigs.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 1 - Maryland Turf Grass Law › Section 9-105 - Records

Any dealer transporting or delivering for transportation sod, sod mixtures, plugs, or sprigs shall keep adequate records and the Secretary may inspect the records to carry out the provisions of this subtitle.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 1 - Maryland Turf Grass Law › Section 9-106 - Reliance on Invoice, Grower's Declaration, or Other Labeling Information

No dealer is subject to any penalty of this subtitle for advertising, selling, offering or exposing for sale, or transporting for planting purposes in the State any sod or mixture in violation of §§ 9–104 and 9–105 of this subtitle, if he:
(1)    Has obtained from his supplier an invoice, grower’s declaration, or other labeling information relating to the sod or mixture; and
(2)    After having taken reasonable precautions to insure its veracity, has relied in good faith upon any statement made or contained in the invoice, grower’s declaration, or labeling information in advertising, selling, or offering or exposing for sale the sod or mixture.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 1 - Maryland Turf Grass Law › Section 9-107 - Prohibited Acts

(a)    No person may transport, offer for transportation, sell, offer or expose for sale within the State, sod for planting purposes:
(1)    Not labeled in accordance with the provisions of this subtitle;
(2)    Having an incomplete, false, or misleading label or claim;
(3)    Which has been falsely advertised or advertised in a misleading manner;
(4)    Containing prohibited noxious weeds in any amount;
(5)    Containing restricted noxious weeds except as prescribed by rules and regulations adopted under this subtitle;
(6)    To which there is affixed names or terms that create an incomplete or misleading impression as to the kind, variety, history, productivity, quality, or origin of the sod;
(7)    Represented to be “inspected”, “approved”, “certified”, “registered”, or “foundation” unless it has been produced, processed, and labeled in accordance with procedures and rules and regulations of an officially recognized certifying agency;
(8)    Which in the form of turf sod, or turf plugs, do not contain at least one-half inch of sod and roots and which do not remain intact after folding, rolling or plugging; or
(9)    Containing destructively injurious insects, other animal pests, or plant diseases.
(b)    A person may not alter or substitute sod in any manner that may defeat the purpose of the provisions of this subtitle.
(c)    A person may not disseminate any false or misleading advertisement in any manner concerning sod, sod mixtures, plugs, or sprigs.
(d)    A person may not fail to comply with, or supply false information in reply to a “stop-sale order”, or remove tags attached to or dispose of sod, sod mixtures, plugs, or sprigs held under the order, except as specified by the enforcement officer.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 1 - Maryland Turf Grass Law › Section 9-108 - Exemptions

The production, processing, and labeling requirements of this subtitle do not apply to breeder and foundation generations of turf-grass variety at the Maryland Agriculture Experiment Station.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 1 - Maryland Turf Grass Law › Section 9-109 - Prosecution of Violations

If the Secretary has reason to believe that any person has violated any provision of this subtitle, he may institute judicial proceedings in the county in which the violation occurred. The Secretary may file information with the Attorney General for prosecution. However, no prosecution under this subtitle may be instituted without first affording the person against whom proceedings are contemplated an opportunity to appear personally or by counsel before the Secretary to introduce evidence.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-202 - Duties of Secretary

The Secretary shall:
(1)    Inspect, sample, analyze, test, and examine any seed transported, sold, offered, or exposed for sale in the State for planting purposes, at any time and place and to any extent he deems necessary to determine whether the agricultural, vegetable, herb, flower, tree, or shrub seed complies with the provisions of this subtitle;
(2)    Notify promptly the person who transported, sold, offered or exposed the seed for sale, of any violation of this subtitle;
(3)    Prescribe, and after public hearing following reasonable notice, adopt rules and regulations governing the methods of inspecting, sampling, analyzing, testing, and examining agricultural, vegetable, herb, flower, tree, and shrub seed, and the tolerances to be followed in administering this subtitle, and any other rule or regulation necessary to enforce this subtitle;
(4)    Prescribe, and after public hearing following reasonable notice, adopt or amend by rule or regulation a prohibited and restricted noxious weed list;
(5)    Prescribe, and after public hearing following reasonable notice, adopt rules and regulations establishing reasonable standards of germination for seed;
(6)    Establish and maintain or make provisions for laboratory and field testing of seeds, to employ qualified persons, and incur expenses necessary to comply with these provisions;
(7)    Make or provide for making purity analyses, germination tests, and examinations of seeds for farmers and dealers on request;
(8)    Prescribe rules and regulations governing the analyses, tests, and examinations;
(9)    Fix and collect charges for the analyses, tests, and examinations;
(10)    Publish the results of the analyses, tests, and examinations made under the provisions of this subtitle, together with any other information deemed advisable;
(11)    Cooperate with the United States Department of Agriculture in seed law enforcement; and
(12)    Direct seed certification work in the State.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-203 - Right of Entry; Issuance and Enforcement of "Stop-Sale" Order

(a)    The Secretary may enter upon any private or public premises during regular business hours in order to have access to seeds subject to this subtitle or any rule or regulation adopted under it.
(b)    The Secretary may issue and enforce a written or printed stop-sale order to the owner or custodian of any lot of seed the Secretary finds in violation of any provision of this subtitle. The order prohibits sale of the seed until the Secretary has evidence that the seed is in compliance with the law.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-204 - Wholesale Seedsman's Permit

(a)    No person may engage in the business of a wholesale seedsman in the State unless he first obtains a permit.
(b)    He shall apply to the Secretary on a form determined and furnished by the Secretary. The application shall be verified by the oath of the applicant or, if the applicant is a corporation, by the oath of some of its officers.
(c)    Upon payment of a $100 permit fee, the Secretary shall issue to the applicant a wholesale seedsman permit for an annual period beginning July 1 each year.
(d)    Out-of-state wholesale seedsmen doing business in the State shall obtain a permit in the same manner.
(e)    Any permit issued under this subtitle may be revoked or suspended by the Secretary upon satisfactory proof that the seedsman has violated any provision of this subtitle or any of the rules and regulations adopted under it. A permit may not be revoked or suspended until the holder has been given an opportunity for a hearing by the Secretary.
(f)    The Secretary may issue a stop-sale order to any wholesale seedsman who offers or exposes seed for sale without holding a valid permit.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-205 - Records

(a)    Each wholesaler whose name appears on the label or who handles agricultural, vegetable, herb, tree, shrub, or flower seeds subject to this subtitle shall maintain for two years a complete record of each lot of agricultural, vegetable, herb, tree, shrub, or flower seed handled. He shall keep for one year a file sample of each lot of seed after final disposition of the lot.
(b)    Every record and sample pertaining to the shipment involved shall be accessible for inspection by the Secretary during customary business hours.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-206 - Labeling Requirements -- Treated Seeds

(a)    Each container of treated agricultural, vegetable, herb, flower, tree, or shrub seeds which is sold, offered or exposed for sale, or transported in the State shall bear or have attached in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information for any seed named and treated as defined in this subtitle:
(1)    A word or statement indicating that the seed is treated;
(2)    The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance; and
(3)    If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement, such as “Do not use for food or feed or oil purposes”, the caution for mercurials and similarly toxic substances shall be a poison statement or symbol.
(b)    A separate label containing the required information statement may be used.
(c)    The statement may not be modified or denied in the labeling or on another label attached to the container.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-207 - Labeling Requirements -- Agricultural Seeds

(a)    Each container of agricultural seeds which is sold, offered or exposed for sale, or transported in the State for planting purposes shall bear or have attached in a conspicuous place a plainly written or printed label or tag in the English language, except when the scientific name is the commonly accepted name, giving the following information:
(1)    The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State;
(2)    Commonly accepted name of (i) kind, or (ii) kind and variety, of each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of each in the order of its predominance;
(3)    Where more than one component is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label;
(4)    Origin of alfalfa, red clover, orchard grass, white clover, and field corn (except hybrid corn), but if the origin is unknown, that fact shall be stated;
(5)    Lot number or other identification;
(6)    Percentage by weight of seeds other than that required to be named on the label;
(7)    Percentage by weight of inert matter;
(8)    Percentage by weight of every weed seed;
(9)    The name and number of each kind of restricted noxious weed seed: per ounce in Group 1 and per pound in Group 2 when present singly or collectively in any amount but the amount may not exceed 16 per ounce in Group 1 and 16 per pound in Group 2.
Group 1: Agropyron spp., agrostis spp., alfalfa, bermuda grass, brassica spp., orchard grass, alsike and white clover, crimson clover, dallis grass, fescues, flax, foxtail millet, lespedezas, poa spp., red clover, reed canary grass, rhodes grass, ryegrass, sweet clover, smooth brome, timothy, and any other agricultural seed of similar size and weight, or mixtures within this group;
Group 2: Barley, buckwheat, oats, proso, rye, sorghums, sudan grass vetches, wheat, and any other agricultural seed of a size and weight similar to or greater than those within this group, or any mixture within this group; and
(10)    For each named agricultural seed (i) percentage of germination, exclusive of hard seed, (ii) percentage of hard seed, if present, and (iii) the calendar month and year the test was completed to determine such percentages. Following (i) and (ii) the additional statement: “total germination and hard seed” may be stated, if desired. However, if the total of (i) and (ii) is stated, the total shall be subject to the tolerance that applies to a percentage of germination of like magnitude.
(b)    Every determination for purity, germination, and noxious weed seed is subject to the tolerance and method of determination prescribed in the rules and regulations adopted under this subtitle.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-208 - Labeling Requirements -- Vegetable and Herb Seeds

Each container of vegetable or herb seeds which is sold, offered or exposed for sale, or transported in the State for planting purposes shall bear or have attached in a conspicuous place a plainly written or printed label or tag in the English language, except when the scientific name is the commonly accepted name, giving the following information:
(1)    For containers of at least 1 pound --
(i)    Lot number or other lot identification;
(ii)    Name of kind and variety of seed;
(iii)    Percentage of germination, exclusive of hard seed;
(iv)    Percentage of hard seed, if present;
(v)    The month and year the test was completed to determine the percentages; and
(vi)    The name and address of the person who labeled the seed or who sells, or offers or exposes the seed for sale in the State.
(2)    For containers less than 1 pound --
(i)    The name of kind and variety of seed;
(ii)    The year for which the seed is packaged or the germination percentage and date;
(iii)    For seed which germinates less than the standard last established by the Secretary under this subtitle:
1.    Percentage of germination, exclusive of hard seed,
2.    Percentage of hard seed, if present,
3.    The month and year the test was completed to determine such percentages, and
4.    The words “below standard” in not less than 8-point type; and
(iv)    The name and address of the person who labeled the seed or who sells, offers or exposes the seed for sale in the State.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-209 - Labeling Requirements -- Flower, Tree and Shrub Seeds

Each container of flower, tree, and shrub seeds which is sold or offered or exposed for sale in the State for planting purposes shall bear or have attached in a conspicuous place a plainly written label or tag in the English language, except when the scientific name is the commonly accepted name, giving the following information:
(1)    Name of kind and variety of seed; and
(2)    The year for which the seed is packaged or the germination percentage and date.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-209.1 - Labeling Requirements -- Lawn and Turf Grass Seed

Cool season lawn and turf grass seed shall be labeled with a sell by date that may not be more than 15 months from the month following the date of the test.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-210 - Prohibited Acts

(a)    No person may sell, offer or expose for sale, or transport any agricultural, vegetable, herb, flower, tree, or shrub seed in the State:
(1)    Unless the test to determine the percentage of germination required by §§ 9–207, 9–208, and 9–209 of this subtitle is completed within 9 months, or 15 months for cool season lawn and turf grass seed as determined by the Secretary, exclusive of the month in which the test is completed, immediately prior to sale, exposure or offer for sale, or transportation;
(2)    Not labeled in accordance with the provisions of this subtitle, or having a false or misleading labeling;
(3)    Pertaining to which there has been a false or misleading advertisement;
(4)    Containing prohibited noxious weed seeds;
(5)    Containing restricted noxious weed seeds in excess of the number prescribed by rules and regulations adopted under this subtitle;
(6)    Containing more than 2.50 percent by weight of all weed seeds; and
(7)    Represented to be “approved seed”, “certified seed”, “registered seed”, “foundation seed”, or “breeder seed”, unless it is produced and labeled in accordance with the procedures and in compliance with rules and regulations of an officially recognized seed certification agency.
(b)    No person in the State may:
(1)    Detach, alter, deface, or destroy any label provided for in this subtitle or the rules and regulations adopted under it;
(2)    Alter or substitute seed in a manner that may defeat the purpose of this subtitle;
(3)    Disseminate any false or misleading advertisement concerning agricultural, vegetable, herb, flower, tree, or shrub seeds in any manner or by any means;
(4)    Fail to comply with a “stop–sale” order to move, otherwise handle, or dispose of any lot of seed, under a “stop–sale” order, or any tag attached to it, except with written permission of the enforcing officer, and for the purpose specified by him; and
(5)    Use the word “trace” or “type” as a substitute for any statement which is required by law.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-211 - Exemptions

(a)    The provisions of this subtitle do not apply to:
(1)    Seed or grain not intended for planting purposes and labeled accordingly;
(2)    Seed sold by one farmer to another, if the seed has not been advertised for sale or has not been delivered through a carrier; and
(3)    Any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not engaged in producing, processing, or marketing any agricultural, vegetable, herb, flower, tree, or shrub seed subject to provisions of this subtitle.
(b)    No person is subject to the penalties of this subtitle for having sold, offered or exposed for sale, or transported in the State any agricultural, vegetable, herb, flower, tree, or shrub seed, which is incorrectly labeled or presented as to kind, variety, or origin and which cannot be identified by examination, unless he has failed to obtain an invoice or grower’s declaration giving kind, or kind and variety, and origin, if required, and to take any other precaution necessary to insure the identity to be that stated.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-212 - Seizure for Noncompliance

Any lot of agricultural, vegetable, herb, flower, tree, or shrub seed not in compliance with the provisions of this subtitle shall be subject to seizure on complaint of the Secretary to a court in the county in which the seed is located. If the court finds the seed is in violation of this subtitle and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of the State. However, the court may not order this disposition without first giving the claimant an opportunity to apply to the court for the release of the seed or for permission to process or relabel it to bring it into compliance with this subtitle.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-213 - Prosecutions

(a)    When the Secretary finds that any person has violated any of the provisions of this subtitle, he may institute judicial proceedings in the county in which the violation occurred. He may file information with the Attorney General with the view of prosecution.
(b)    No prosecution under this subtitle may be instituted without first affording the defendant an opportunity for a private hearing before the Secretary to introduce evidence either in person or by attorney. A private hearing may consist of a discussion of facts between the person charged and enforcement officers. After the hearing, or if the defendant or his attorney fails or refuses to appear, the Secretary shall proceed as provided, if he believes the evidence warrants prosecution.
(c)    The State’s Attorney of the county in which the violation occurred or the Attorney General of this State shall institute proceedings at once against the person charged with the violation, if, in his judgment, the information warrants such action.
(d)    After judgment by the court in any case arising under this subtitle, the Secretary shall publish any information pertinent to the issuance of the judgment by the court in the media he designates.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 2 - Regulation of Sale and Transportation of Seed › Section 9-214 - Civil Penalties

(a)    Instead of any other penalty under this article, the Secretary may impose, on any person who violates an order issued by the Secretary under this subtitle, a civil penalty for each seed lot in violation of the order, as follows:
(1)    For a first violation for which a civil penalty is imposed, not more than $100;
(2)    For a second violation for which a civil penalty is imposed, not more than $250; or
(3)    For a third or subsequent violation for which a civil penalty is imposed, not more than $500.
(b)    Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.
(c)    The Secretary shall adopt regulations to carry out the provisions of this section.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 3 - Potato Seed Inspection Act › Section 9-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Certified Irish potatoes”, when intended to be used for propagation purposes, means Irish potatoes and parts of them which conform to the standards fixed by the Secretary in classifying and determining what shall constitute “certified” potatoes for propagation purposes and in conformity with the rules and regulations established by the State in which the potatoes are grown.
(c)    “U.S. No. 1 Irish potatoes”, when intended to be used for propagation purposes, means Irish potatoes and parts of them which conform to the standards issued by the United States Department of Agriculture for “U.S. No. 1” potatoes, when intended to be used for propagation purposes.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 3 - Potato Seed Inspection Act › Section 9-302 - Rules and Regulations

The Secretary may adopt and enforce rules and regulations requiring the payment of reasonable fees necessary to effectuate the purposes of this subtitle.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 3 - Potato Seed Inspection Act › Section 9-303 - Disposition of Fees and Money Collected

All fees and money collected by the Secretary under this subtitle shall be used to defray partially the expenses incurred administering this subtitle. Any unexpended funds shall revert to the general funds of the State at the end of the fiscal year.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 3 - Potato Seed Inspection Act › Section 9-304 - Inspection of Potatoes; "Stop-Sale" Order

(a)    To carry out the provisions of this subtitle, the Secretary may enter any place of business, warehouse, common carrier, or other place where potatoes for propagation purposes are stored or being held, and inspect them. The Secretary may take for inspection any representative sample of the potatoes necessary to determine whether this subtitle is violated.
(b)    If the potatoes or parts of them are found to be in violation of this subtitle or any rule or regulation adopted pursuant to it, the Secretary may issue a written “stop-sale” order to the owner or custodian of the potatoes.
(c)    No person, after receipt of a “stop-sale” order, may sell for propagation purposes any potatoes with respect to which the order has been issued. The “stop-sale” order does not prevent the sale of any potatoes for other than propagation purposes.
(d)    Any person pecuniarily interested in any certified Irish potatoes or U.S. No. 1 Irish potatoes may appeal from any “stop-sale” order to the Secretary, in accordance with the Department rules and regulations.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 3 - Potato Seed Inspection Act › Section 9-305 - Sale or Shipment of Potatoes Not Conforming to Standards

No person may sell, pack, offer, or expose for sale, or ship into the State for these purposes, any Irish potatoes or parts of them intended for propagation purposes, which do not conform to the standards of certified Irish potatoes and U.S. No. 1 Irish potatoes as provided in this subtitle.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 3 - Potato Seed Inspection Act › Section 9-306 - Exemptions

This subtitle does not prohibit the sale, for propagation purposes in the State, of Irish potatoes or parts of them grown within the State when sold by the grower to a planter having knowledge of the conditions under which the potatoes were grown.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 3 - Potato Seed Inspection Act › Section 9-307 - Prosecutions

Upon request of the Secretary, the State’s Attorney of the county in which the violation of this subtitle occurs shall prosecute the person accused of the violation.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 4 - Weed Control › Section 9-401 - Noxious Plants

(a)    The existence of growth of certain species of plants is declared to be noxious.
(b)    The Secretary shall adopt regulations to establish a list of plants that are considered to be noxious weeds in the State.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 4 - Weed Control › Section 9-402 - Powers of Secretary

The Secretary may:
(1)    Investigate, study, and make a determination on:
(i)    The extent of growth and infestation of a noxious weed or other weed species in the State; and
(ii)    The effect of the noxious weed or other weed species on agricultural production;
(2)    By regulation, designate as a noxious weed any plant that adversely affects or threatens agricultural production;
(3)    Institute programs or carry out practices necessary for the control and eradication of a noxious weed;
(4)    Enter into agreements with a county or other political subdivision of the State, an adjoining state, or an agency of the federal government to implement a program for the control and eradication of a noxious weed;
(5)    Accept, use, or expend any aid, gift, grant, or loan made available from any private or public source to carry out the provisions of this subtitle; and
(6)    Following a public hearing declare a quarantine to control or eradicate any exotic plant, which means a plant species not previously known to occur in the State or known to be of only limited distribution in the State, as determined by the Secretary.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 4 - Weed Control › Section 9-403 - Agreement Between Secretary and County for Control or Eradication

(a)    In this section, “subdivision of the State” includes a Soil Conservation District.
(b)    After an agreement between the Secretary and a county or other subdivision of the State is executed, the Secretary and the county or subdivision of the State may conduct surveys to determine the location and amount of infestation of a noxious weed or other plant species within the county or subdivision of the State.
(c)    All parties may provide technical assistance to landowners in a cooperative control or eradication program, and may effect a program of mowing, spraying, or other control or eradication practices on any road right–of–way, drainage ditch bank, park, playground, and any other public or private land.
(d)    The agreement between the Secretary and county or subdivision of the State may be terminated by either party on 30 days’ written notice.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 4 - Weed Control › Section 9-404 - Importing, Transporting, or Permitting Infestation

(a)    No person may:
(1)    Import or transport a noxious weed in the State in any form capable of growth; or
(2)    Contaminate any uninfested land with a noxious weed through the movement of rootstocks, seed, soil, mulch, nursery stock, farm machinery, or any other artificial medium.
(b)    Each landowner, including a landowner of public land, or person who possesses and manages land infested with a noxious weed shall eradicate or control the noxious weed on that land by using practices that the Secretary prescribes, including mowing, cultivating, or treating with an approved herbicide.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 4 - Weed Control › Section 9-405 - Report of Violations; Prosecution; Agreement Between Secretary and Landowner for Eradication and Control

(a)    (1)    Except as provided in subsection (b) of this section, each failure to comply with the provisions of this subtitle is a violation of this subtitle.
(2)    Each violation shall be reported to the State’s Attorney for the county in which the violation occurs.
(3)    The State’s Attorney shall prosecute all violations and bring an action to enjoin any nuisance.
(b)    (1)    A landowner or other person who possesses and manages land infested with a noxious weed may enter into a written agreement with the Secretary that sets forth a program for the eradication or control of a noxious weed.
(2)    If all of the terms and conditions of an agreement under paragraph (1) of this subsection are met, there is no violation of this subtitle as to the land covered by the agreement.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 4 - Weed Control › Section 9-406 - Penalties for Violations of This Subtitle

(a)    Except as provided in subsection (b) of this section, a person who violates this subtitle is subject to the penalties and fines set forth in Title 12 of this article.
(b)    (1)    Instead of pursuing the penalties and fines set forth in Title 12 of this article, the Secretary may impose on any person who violates this subtitle a penalty of:
(i)    For a first violation, not more than $500;
(ii)    For a second violation, not more than $1,000; or
(iii)    For a third or subsequent violation, not more than $2,000.
(2)    Penalties collected under this subsection shall be distributed to a special fund, to be used only for the control and eradication of a noxious weed.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 6 - Ginseng Control › Section 9-601 - "Ginseng" Defined

In this subtitle the term “ginseng” includes any part of the plant called Wild American Ginseng (panax quinquefolius l.).
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 6 - Ginseng Control › Section 9-602 - Collection Permit; Registration of Dealer

(a)    A person who collects and harvests ginseng for sale shall hold a valid annual collection permit from the Department.
(b)    A person who buys ginseng for resale shall register annually with the Department as a ginseng dealer.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 6 - Ginseng Control › Section 9-603 - Authority of Secretary

The Secretary may:
(1)    Conduct research to determine ginseng population trends, propagation techniques or ways of conserving ginseng;
(2)    Promote the conservation and export of ginseng;
(3)    Establish standards for the certification of ginseng intended for export;
(4)    Establish guidelines and requirements for the conservation and harvesting of ginseng;
(5)    Require that records be kept by any person who harvests or buys ginseng intended for sale; and
(6)    Establish conditions under which a permit or registration may be suspended or revoked.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 6 - Ginseng Control › Section 9-605 - Fees -- Amount

The Secretary may charge the following fees:
(1)    Collection permit - $2 each;
(2)    Dealer registration - $20 each.
2023 Maryland Statutes › Agriculture › Title 9 - Regulation and Supervision of Seeds, Turf Grass, Sod, Potatoes, Ginseng and Noxious Weeds › Subtitle 6 - Ginseng Control › Section 9-606 - Fees -- Disposition

Any fees collected pursuant to this subtitle shall be placed in a fund to defray partially the costs of administering this subtitle. Any unexpended funds shall revert to the General Fund of the State at the end of the fiscal year.
2023 Maryland Statutes › Agriculture › Title 9.5 - Invasive Plants Prevention and Control › Subtitle 1 - Definitions › Section 9.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Committee” means the Invasive Plants Advisory Committee.
(c)    “Invasive plant” means a terrestrial plant species that:
(1)    Did not evolve in the State; and
(2)    If introduced within the State, will cause or is likely to cause, as determined by the Secretary:
(i)    Economic harm;
(ii)    Ecological harm;
(iii)    Environmental harm; or
(iv)    Harm to human health.
(d)    “Landscaping services” includes services for ornamental horticultural design, maintenance, and installation of living plants.
(e)    “Tier 1 invasive plant” includes invasive plant species that cause or are likely to cause severe harm within the State.
(f)    “Tier 2 invasive plant” includes invasive plant species that cause or are likely to cause substantial negative impact within the State.
2023 Maryland Statutes › Agriculture › Title 9.5 - Invasive Plants Prevention and Control › Subtitle 2 - Invasive Plants Advisory Committee › Section 9.5-202 - Membership

(a)    The Committee consists of the following members:
(1)    As ex officio members:
(i)    The Secretary, or the Secretary’s designee;
(ii)    The Secretary of Natural Resources, or the Secretary’s designee;
(iii)    The Secretary of Transportation, or the Secretary’s designee;
(iv)    The Secretary of the Environment, or the Secretary’s designee; and
(v)    The Dean of the College of Agriculture and Natural Resources at the University of Maryland, College Park Campus, or the Dean’s designee; and
(2)    Appointed by the Secretary:
(i)    In consultation with the Secretary of Natural Resources:
1.    One individual from a landscaping industry that is regulated by the Department;
2.    One individual from a plant wholesale industry or a plant retail industry that is regulated by the Department; and
3.    One individual from a nongovernmental environmental advocacy organization;
(ii)    Two individuals with experience with invasive plants, agriculture, horticulture, gardening, conservation, or other relevant experience; and
(iii)    One consumer member.
(b)    (1)    The term of an appointed member is 3 years and begins on January 1.
(2)    An appointed member may not serve more than two consecutive terms.
(c)    An appointed member shall serve at the pleasure of the Secretary.
2023 Maryland Statutes › Agriculture › Title 9.5 - Invasive Plants Prevention and Control › Subtitle 2 - Invasive Plants Advisory Committee › Section 9.5-204 - Meetings; Compensation; Staff

(a)    (1)    Until the Secretary adopts regulations in accordance with Subtitle 3 of this title, the Committee shall meet at least quarterly.
(2)    After the Secretary has adopted regulations in accordance with Subtitle 3 of this title, the Committee shall meet as needed.
(b)    A member of the Committee:
(1)    May not receive compensation as a member of the Committee; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    The Department shall provide staff for the Committee.
2023 Maryland Statutes › Agriculture › Title 9.5 - Invasive Plants Prevention and Control › Subtitle 2 - Invasive Plants Advisory Committee › Section 9.5-205 - Duties

The Committee shall:
(1)    Advise the Secretary regarding regulations necessary to carry out the provisions of this title; and
(2)    (i)    Conduct an annual review of the risk assessment protocol adopted under § 9.5–301 of this title; and
(ii)    Report to the Secretary regarding any proposed changes to the risk assessment protocol.
2023 Maryland Statutes › Agriculture › Title 9.5 - Invasive Plants Prevention and Control › Subtitle 3 - Regulation of Invasive Plants › Section 9.5-301 - Duties of Secretary

(a)    The Secretary, with the advice of the Committee, shall:
(1)    On or before October 1, 2012, adopt regulations that:
(i)    Establish a science–based risk assessment protocol for invasive plants that:
1.    Will serve as a basis for creating a two–tiered regulatory approach for controlling invasive plants in the State; and
2.    Considers the harm, as determined by the Secretary, that invasive plants cause in the State, including:
A.    Economic harm;
B.    Ecological harm;
C.    Environmental harm; and
D.    Harm to human health;
(ii)    Govern administrative orders that the Secretary may issue to enforce this subtitle; and
(iii)    Establish a procedure for the approval required under § 9.5–302 of this subtitle for activities involving tier 1 invasive plants.
(2)    On or before October 1, 2013, adopt regulations that:
(i)    Establish a list of tier 1 plants and tier 2 plants in accordance with the risk assessment protocol adopted under paragraph (1) of this subsection;
(ii)    Establish a procedure for classification or declassification of an invasive plant as a tier 1 invasive plant or a tier 2 invasive plant;
(iii)    Phase in the implementation of the requirements of this subtitle with consideration of the economic impact of these requirements on nurseries, landscapers, plant wholesalers, plant retailers, and any other industry;
(iv)    Establish a procedure for the disposal of tier 1 plants;
(v)    Designate the format, size, and content of the sign required under § 9.5–302(b)(1) of this subtitle; and
(vi)    Provide for the distribution of a list of tier 2 invasive plants to licensed nurseries, plant dealers, and plant brokers on an annual basis.
(b)    (1)    The Secretary shall classify as a tier 1 invasive plant or a tier 2 invasive plant each plant identified as invasive in the National Park Service’s and U.S. Fish and Wildlife Service’s Plant Invaders of Mid–Atlantic Natural Areas.
(2)    Nothing in this section may be construed as limiting the Secretary’s authority to classify as a tier 1 invasive plant or a tier 2 invasive plant plants not identified as invasive in the National Park Service’s and U.S. Fish and Wildlife Service’s Plant Invaders of Mid–Atlantic Natural Areas.