reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 1 - Maryland Pesticide Registration and Labeling Law › Section 5-109 - Prohibited Acts

(a)    A person may not distribute, sell, or offer for sale, deliver for transportation, or transport in intrastate commerce or between points within the State through any point outside the State any of the following pesticides:
(1)    Any unregistered pesticide;
(2)    Any adulterated or misbranded pesticide; or
(3)    Any pesticide, if any claim made for it or any direction for its use differs in substance from any representation made in its registration statement, or if its composition differs from the composition represented in the registration statement, unless the Department permits a change in the labeling, and the change may be made within a registration period without requiring reregistration. However, the Department may not permit a change in the product name or in the formulation of any product.
(b)    A person may not detach, alter, deface, or destroy, wholly or partially, any label or labeling provided for in this subtitle or in departmental rules and regulations adopted pursuant to it.
(c)    A person may not add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this subtitle.
(d)    A person may not use for his own advantage or reveal any information concerning formulas or products acquired by authority of § 5–105 or § 5–106 of this subtitle, other than to the Secretary, any proper official or employee of the State, to a court of the State in response to a subpoena, to a physician, or, in an emergency, to a pharmacist, or any other qualified person, for use in the preparation of antidotes.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 1 - Maryland Pesticide Registration and Labeling Law › Section 5-110 - Exemptions

(a)    The following persons are not subject to any penalty for a violation of § 5–106 or § 5–109 of this subtitle:
(1)    Any carrier while lawfully engaged in transporting a pesticide within the State, if the carrier, upon request, permits the Secretary to copy any record showing the transactions in and movement of any pesticide;
(2)    Any public official of the State or the federal government engaged in the performance of his official duty; or
(3)    A manufacturer or shipper of a pesticide for experimental use only (i) by or under the supervision of an agency of the State or of the federal government authorized by law to conduct pesticide research, or (ii) by any other person if the pesticide is not sold and if its container shows the manufacturer’s name and address and it is plainly and conspicuously marked “for experimental use only – not to be sold”. However, if a written permit is obtained from the Secretary, the pesticide may be sold for experimental purposes subject to any restriction set forth in the permit.
(b)    A pesticide is not in violation of this subtitle, if it is intended solely for export to a foreign country, and if it is prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of this subtitle apply.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 1 - Maryland Pesticide Registration and Labeling Law › Section 5-111 - Seizure and Condemnation

(a)    Any pesticide distributed in the State may be proceeded against in the circuit court of any county, where it is found and seized for confiscation by libel of information, if the pesticide:
(1)    Is adulterated or misbranded;
(2)    Is not registered; or
(3)    Fails to bear on its label the information required by this subtitle.
(b)    After entry of the decree of condemnation, the pesticide shall be destroyed or sold, as the court directs. If the pesticide is sold, the proceeds, less legal costs, shall be paid to and deposited in the fund established in § 6–501 of this article. The pesticide may not be sold contrary to the provision of this subtitle. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide may not be disposed of unlawfully, the court may order the pesticide delivered to its owner for relabeling or reprocessing.
(c)    If a decree of condemnation is entered against the pesticide, court costs, fees, storage, and other proper expenses shall be awarded against any person, intervening as claimant of the pesticide.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 1 - Maryland Pesticide Registration and Labeling Law › Section 5-112 - Enforcement

(a)    The Secretary shall examine pesticides to determine whether they comply with the requirements of this subtitle. If it appears from the examination that a pesticide fails to comply with the provisions of this subtitle, and the Secretary contemplates instituting criminal proceedings against any person, he shall give appropriate notice to the person. Any person receiving notice shall be given an opportunity to present his views, orally or in writing, with regard to the contemplated proceedings.
(b)    If the Secretary determines that the provisions of the subtitle have been violated by the person, he shall refer the facts to the State’s Attorney for the county in which the violation has occurred with a copy of the results of the analysis or the examination of the pesticide. This subtitle does not require the Secretary to report for prosecution, or for the institution of libel proceedings, any minor violation of the subtitle whenever he believes that the public interest is best served by a suitable written warning notice.
(c)    The prosecuting attorney to whom any violation is reported shall institute appropriate proceedings in the proper court without delay.
(d)    The Secretary shall give notice by publication of any judgment entered in any action instituted under the authority of this subtitle.
(e)    The Secretary may enter, during regular business hours, any commercial premises, including any commercial transportation vehicle, where any pesticide is sold, offered for sale, stored or is being transported, to enforce the provisions of this subtitle.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 1 - Maryland Pesticide Registration and Labeling Law › Section 5-113 - Termination of Registration Upon Conviction of Violation

In addition to any other penalty provided by this article, the registration of any pesticide with reference to which any violation has occurred shall terminate automatically if the registrant is convicted of any violation of this subtitle. If the registration of any pesticide terminates, the pesticide may not be registered again unless the Department determines that the pesticide, its labeling, and other material required to be submitted comply with the requirements of this subtitle.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-203 - Pesticide Fund

All fees collected under the provisions of this subtitle shall be placed in a fund, known as the “Pesticide Fund”, and used to defray partially the expenses 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 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-204 - Duties of Secretary

The Secretary, by suitable administrative procedures including public hearings, if appropriate, shall:
(1)    Adopt rules and regulations governing the storage, sale, distribution, exchange, use, and disposal of any pesticide and its container;
(2)    Prescribe, when necessary, the time and conditions under which a pesticide may be sold, distributed, exchanged, or used in different areas of the State;
(3)    Provide, if necessary, that extremely hazardous pesticides may be sold, distributed, exchanged, or applied only when special permission first is obtained from the Secretary;
(4)    Define the formulations and establish the conditions and appropriate areas for application of any pesticide;
(5)    Establish guidelines and requirements for the application of pesticides and providing for submission of records to the Secretary;
(6)    Design and conduct an appropriate educational program on the use of pesticides and the necessity for care when applying them;
(7)    Encourage, conduct and support research which will contribute to optimal uses of pesticides for maximum public benefit and minimum public damage;
(8)    Require that records be kept by all licensees and permittees;
(9)    Employ inspectors and other employees necessary for the proper enforcement of the provisions of this subtitle and the rules and regulations adopted pursuant to it;
(10)    Coordinate and support pesticide monitoring programs;
(11)    Establish appropriate categories and, if necessary, subcategories of applicators of pesticides;
(12)    Establish guidelines and requirements for all licensees, certificate holders, and permittees for the identification of pests and their methods of inspection of property to determine the presence of pests;
(13)    For purposes of uniformity and in order to enter into cooperative agreements, adopt use classifications and other pertinent pesticide regulation provisions that are established by the U. S. Environmental Protection Agency; and
(14)    Cooperate with State or federal agencies as is reasonable and proper to carry out the provisions of this subtitle.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-205 - Sampling and Inspection

The Secretary may sample any pesticide and inspect any device, container, product, apparatus or equipment used or intended for use in pest control operations, any establishment from which pest control is conducted, and any pesticide application or treatment performed by a certified applicator or someone under his supervision.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-206 - Qualifications for Licenses; Issuance and Revocation; Financial Responsibility

(a)    The Secretary shall establish, by rule or regulation, qualifications for licensing and certification in each category established by § 5–207 of this subtitle to assure competence and responsibility in the application of pesticides.
(b)    The Secretary may issue licenses, permits, and certificates only to an applicant who meets the requirements established by the Department.
(c)    The Secretary may establish the conditions under which licenses, permits, and certificates may be revoked, suspended, reinstated, or renewed.
(d)    The Secretary may establish minimum requirements for financial responsibility for all damages which may be incurred in the commercial application of pesticides.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-207.1 - Additional Training; Reinstatement of Certification

(a)    The Secretary shall require that each pest control consultant, pest control applicator, or public agency applicator receive additional training prepared and administered by the Department when significant technological developments have occurred requiring additional knowledge in the area of classification for which the consultant or applicator has applied.
(b)    When certification has been suspended or revoked, the Secretary shall require that each pest control consultant, pest control applicator, or public agency applicator take a special examination prepared and administered by the Department before certification may be reinstated or renewed.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-208 - Information to Be Supplied Customer; Advance Notice of Application; Signs Posted for Exterior Applications; Information to Be Supplied Department Prior to Application of Experimental Pesticide

(a)    When a pesticide is applied, or at the time a customer enters into a contract with a licensee for pest control, a licensee shall provide a customer with the following written information:
(1)    Name of licensee;
(2)    Maryland pesticide business license number;
(3)    Telephone number of licensee;
(4)    Common name of pesticide or active ingredient applied;
(5)    Pertinent safety information, as determined by the Department, including health risks for humans and animals, about pesticide in the end-use dilution applied;
(6)    Maryland Poison Center telephone number; and
(7)    Any other information required by the Department.
(b)    Upon the customer’s request, the licensee shall provide the customer with advance notice of a pesticide application.
(c)    (1)    A licensee or public agency permittee applying a pesticide to a lawn or to exterior landscape plants shall post at the time of application a sign.
(2)    The sign shall remain 48 hours following the pesticide application, after which time the customer is responsible for the removal of the sign.
(3)    (i)    A person may not remove, alter, or deface the sign or agree or conspire with another to remove, alter, or deface the sign within 48 hours of its posting.
(ii)    The customer or licensee may not be held liable for any penalty for sign removal under this subtitle if the sign is removed by another person or cause over which the customer or licensee has no control.
(4)    The sign shall:
(i)    Be clearly visible either from the principal place of access to the property; or
(ii)    Be clearly visible on the portion of the property where the pesticide is applied.
(5)    The sign shall contain a uniform statement approved by the Department.
(d)    Before applying an experimental use pesticide, the holder of the required experimental use permit from the U.S. Environmental Protection Agency shall provide the Department with the following information:
(1)    Name of cooperator;
(2)    Location of planned application or treatment;
(3)    Name of active ingredient of pesticide;
(4)    Purpose of application or use;
(5)    Total acreage being affected by application;
(6)    Toxicological profile of pesticide; and
(7)    Any other information required by the Department.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-209 - Supervision by Certified Persons

Each commercial application of a pesticide shall be under the supervision of a certified pest control applicator or certified public agency applicator who is responsible and liable for the application. Each application of a restricted use pesticide by a certified private applicator shall be done under his supervision, and he is responsible and liable for the application.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-209.1 - Employee Training Programs

(a)    (1)    A licensee or permittee shall register with the Department any employee who performs pest control.
(2)    Within 30 days after employment, and before registration, an employee, other than a certified applicator, shall successfully complete training approved by the Department.
(3)    An employee who has not successfully completed training in accordance with the provisions of paragraph (2) of this subsection may only apply pesticides if a certified applicator or registered employee is physically present at the time and place the pesticide is applied by the employee.
(b)    The Department shall adopt regulations that establish criteria for approved training programs.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-210 - Labels; Unlawful Use of Pesticide

A person may not use, apply, or recommend use of a pesticide other than as specified by the label. The label includes material attached to the container, a brochure, information furnished with the pesticide, or any information contained in the approved State registration of the pesticide. A person may not use, apply, or recommend use of a pesticide in a manner other than as specified by this subtitle or rules and regulations adopted under it.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-210.1 - Reciprocity

The Secretary may enter into reciprocal agreements with other states to provide that nonresident applicators or pest control consultants may be exempt from examination requirements under this subtitle if certified under equivalent plans of other states approved by the federal Environmental Protection Agency granting similar exemptions to residents of this State, upon payment of such fees as are required by Maryland applicators or pest control consultants and upon meeting any additional requirements that may be required in the agreement.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-210.2 - Civil Penalties

(a)    (1)    A person who violates any provision of this subtitle is subject to a civil penalty of not more than $2,500 for a first violation of this subtitle.
(2)    A person who violates any provision of this subtitle is subject to a civil penalty of not more than $5,000 for each subsequent violation of this subtitle.
(3)    Each day a violation under this subsection occurs is a separate violation.
(4)    In addition to the denial, suspension, or revocation of the license, permit or certificate, the Secretary may impose a civil penalty on the holder of a license, permit, or certificate under paragraph (1) or (2) of this subsection for each violation of this subtitle.
(5)    The total penalties imposed on a person for violations under this subtitle that result from the same set of facts and circumstances may not exceed $25,000.
(b)    The penalty imposed on a person under this section shall be assessed with consideration given to:
(1)    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;
(2)    Any actual harm to human health or to the environment including injury to or impairment of the use of the waters of this State or the natural resources of this State;
(3)    The cost of control;
(4)    The nature and degree of injury to or interference with general welfare, health, and property;
(5)    The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety; and
(6)    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.
(c)    Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.
(d)    The Secretary shall establish such rules and regulations as are necessary to carry out the provisions of this section.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-210.3 - Limitations on Employer

An employer may not require a pest control applicator, as a condition of employment, to transport pesticides in a commercial transportation vehicle that does not contain a compartment for the pesticides that is separated from the passenger area or in a manner that does not provide adequate protection for the safety and health of the passengers from the pesticides.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-210.4 - Injunctions

(a)    The Secretary may bring an action for an injunction against a person who violates any provision of this subtitle.
(b)    In an action for an injunction under this section, any finding of the Secretary after a hearing is prima facie evidence of each fact the Secretary determines.
(c)    On a showing that a person is violating any provision of this subtitle, a court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(d)    An action for an injunction under this section is in addition to, and not instead of, criminal prosecution taken under § 5-211 of this subtitle or imposition of civil penalties under § 5-210.2 of this subtitle.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-210.5 - Restricted Use Pesticides

(a)    In this section, “cyclodiene termiticide” means chlordane (1, 2, 4, 5, 6, 7, 8, 8-octachloro-2, 3, 3a, 4, 7, 7a-hexahydro-4, 7-methanoindene), heptachlor (1, 4, 5, 6, 7, 8, 8-heptachloro-3a, 4, 7, 7a-tetrahydro-4, 7-methanoindene), aldrin (1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro-1, 4:5, 8-dimethanonaphthalene), and dieldrin (3, 4, 5, 6, 9, 9-hexachloro-1a, 2, 2a, 3, 6, 6a, 7, 7a-octahydro-2, 7:3, 6-dimethanonaphth (2, 3-b) oxirene) and related cyclodiene chemical compounds used for the control of termites.
(b)    (1)    On and after October 1, 1987, each cyclodiene termiticide distributed, sold, or offered for sale in this State shall be classified as a restricted use pesticide.
(2)    A person may distribute, sell, or offer for sale a cyclodiene termiticide only if:
(i)    The cyclodiene termiticide is designated as a restricted use pesticide in a manner determined by the Department; and
(ii)    The purchaser is a:
1.    Certified pesticide applicator; or
2.    Registered employee who has completed a course in termiticide application that is approved by the Department.
(3)    A cyclodiene termiticide applied by a licensee shall be applied only by:
(i)    A certified pesticide applicator; or
(ii)    A registered employee who has completed a course in termiticide application that is approved by the Department and is making the application under the direct supervision of a certified pesticide applicator.
(c)    Before October 1, 1987, the Department shall adopt regulations to carry out the provisions of this section.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2 - Pesticide Applicator's Law › Section 5-211 - Penalty; Indemnification for Financial Injury From Violation; Actions for Civil Damages

(a)    Notwithstanding any other provision of this article, any person who violates any provision of this subtitle is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, or imprisonment not exceeding 60 days, or both, with costs imposed in the discretion of the court.
(b)    Instead of or in addition to any other penalty provided for in this section, the court may award indemnification to any person who has contracted with the defendant and who has suffered financial injury or damages as a result of the violation of any provision of this subtitle.
(c)    The amount of any indemnification awarded under subsection (b) of this section shall be limited to the actual amount paid for the services by the injured party.
(d)    Nothing in subsection (b) of this section shall abrogate the right of any person to bring an action for civil damages for violations of this subtitle.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2A - Neonicotinoid Pesticides › Section 5-2A-01 - "Neonicotinoid Pesticide" Defined

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Certified applicator” has the meaning stated in § 5–201 of this title.
(c)    “Neonicotinoid pesticide” means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including:
(1)    Imidacloprid;
(2)    Nithiazine;
(3)    Acetamiprid;
(4)    Clothianidin;
(5)    Dinotefuran;
(6)    Thiacloprid;
(7)    Thiamethoxam; and
(8)    Any other chemical designated by the Department as belonging to the neonicotinoid class of chemicals.
(d)    “Restricted use pesticide” has the meaning stated in § 5–201 of this title.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2A - Neonicotinoid Pesticides › Section 5-2A-02 - General Provisions

(a)    This section does not apply to:
(1)    Pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal;
(2)    Personal care products used to mitigate lice and bedbugs; and
(3)    Indoor pest control products used to mitigate insects indoors, including ant bait.
(b)    (1)    On or after January 1, 2018, a person may not sell at retail in the State a neonicotinoid pesticide unless the person also sells a restricted use pesticide.
(2)    A person that sells a neonicotinoid pesticide under paragraph (1) of this subsection:
(i)    May sell a neonicotinoid pesticide only to a certified applicator or a farmer; and
(ii)    Shall store each neonicotinoid pesticide in a manner that is inaccessible to a customer without the assistance from the person or an employee of the person.
(c)    On or after January 1, 2018, a person may not use a neonicotinoid pesticide unless the person is:
(1)    A certified applicator or a person working under the supervision of a certified applicator;
(2)    A farmer, or a person under the supervision of a farmer, who uses the pesticide for agricultural purposes, including crop production, livestock, poultry, equine, and noncrop agricultural fields; or
(3)    A veterinarian.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 2A - Neonicotinoid Pesticides › Section 5-2A-04 - Regulations and Reports

(a)    On completion of the U.S. Environmental Protection Agency’s pollinator risk assessment of the neonicotinoid pesticides imidacloprid, clothianidin, thiamethoxam, and dinotefuran, the Department shall review the State’s pesticide laws and regulations and make recommendations for any changes necessary to ensure State laws and regulations are protective of pollinators, taking into account the U.S. Environmental Protection Agency recommendations.
(b)    Within 6 months of the U.S. Environmental Protection Agency’s completed pollinator risk assessment of neonicotinoid pesticides, the Department shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Broker” means any person who solicits, takes orders, sells or distributes nursery stock in the State other than a nurseryman or dealer.
(c)    (1)    “Dealer” means any person, except a nurseryman or broker, who advertises nursery stock for sale or installation or who buys, collects, or otherwise acquires wild plants or nursery stock for the purpose of selling, planting or distributing them.
(2)    “Dealer” does not include a person who acquires plants for personal use.
(d)    “Nursery” means any place where nursery stock is produced for sale or distribution.
(e)    “Nursery stock” means (1) any hardy plant or plant that survives Maryland winters, including a deciduous or evergreen tree, shrub, or woody vine whether cultivated, native, or wild, and all viable parts of the plant; (2) any nonhardy plant or plant part to be distributed in another state that requires plant inspection and certification before entering that state; and (3) any other plant included by the Secretary, if regulating its movement is necessary to control any dangerously injurious plant pest.
(f)    “Nurseryman” means any person engaged in the production of nursery stock for sale or distribution.
(g)    “Plant pest” means any insect, snail, nematode, fungus, virus, bacteria, weed, or any other form of terrestrial or aquatic plant or microorganisms (except viruses, bacteria, or other microorganisms on or in living man or another living animal) which is normally considered to be a plant pest or which the Secretary declares to be a pest.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-302 - Inspections; Rules Governing Certification and Licensing; Development of Programs; Fees; Plant Protection Fund

(a)    The Secretary at least once a year shall determine by inspection the health and general condition of the horticultural and agricultural interests in each county of the State.
(b)    The Secretary shall adopt rules and regulations governing the certification of nurseries and the licensing of dealers and brokers, develop a system for establishing plant standards, including pest free stock, develop a program for preventing the sale or distribution of plants that may be infested or infected with dangerously injurious pests, and establish reasonable fees, not to exceed $25, for services provided under this subtitle.
(c)    All fees collected under the provisions of this subtitle shall be placed in a fund known as the “Plant Protection Fund” and used to partially defray the expense of administering this subtitle. Any unexpended funds at the end of the fiscal year shall revert to the general funds of the State.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-304 - Quarantine of Infested or Infected Areas

In order to control, retard, or eradicate dangerously injurious plant pests, the Secretary may:
(1)    Establish or rescind quarantines against the introduction into the State of any plant material known to be infested or infected or which reasonably may be believed to be infested or infected;
(2)    Quarantine any area of the State known or reasonably believed to be infested or infected with dangerously injurious plant pests;
(3)    Regulate the movement of infested or infected plant material or nonplant material likely to transfer the infestation or infection from a quarantined area to a noninfested or noninfected area;
(4)    Remove any quarantine when the purpose for which it was established is achieved;
(5)    Regulate or prohibit the planting of any crop in a quarantined area which the Secretary determines would prevent or limit the control, retardation, or eradication of any dangerously injurious plant pest for which the quarantine is established; and
(6)    Issue directives for any quarantined area as an integral part of the quarantine order relating to treatment of infested or infected crops and to treatment of soil, implements, storage facilities, or any other equipment or materials in the area that are likely to be a factor in transmitting any dangerously injurious plant pest to nonquarantined areas in the State.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-305 - Aircraft Dissemination of Insecticides, Fungicides, and Bactericides

(a)    The Secretary shall determine whether any plant infestation, plant infection or animal or human disease with a known or suspected arthropod vector exists which may be controlled or its spread retarded by aircraft dissemination of pesticides.
(b)    If the Secretary determines that an infestation, infection, or disease exists, he may control or retard its spread by aircraft dissemination of pesticides, notwithstanding any other provision of law.
(c)    To carry out the provisions of this section, the Secretary may expend funds appropriated in the State budget or otherwise for use in controlling incipient, emergency, or persistent insect, fungus, or disease outbreaks which the Secretary determines require immediate elimination as a menace to the economic welfare and health of the people of the State.
(d)    The Secretary may receive and expend funds from any person for the purposes of this section. He may employ personnel and execute work undertaken pursuant to this section by contract or open account as he deems to be in the best interest of the State.
(e)    The Secretary may cooperate with any other state or any other state or federal agency in determining the necessity for and conducting aircraft dissemination of pesticides. In the case of human diseases, the Secretary shall cooperate with the Maryland Department of Health.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-306 - Right of Entry; Treatment of Plants

(a)    To accomplish the purpose of this subtitle, the Secretary may enter any public or private land or property, vehicle, vessel or aircraft in the State to inspect, destroy, treat, or experiment with dangerously injurious plant pests. It is unlawful to deny access to, offer any resistance to, hinder, misrepresent or conceal facts from the Secretary or his agent in the performance of their duties.
(b)    If the Secretary determines that any dangerously injurious plant pest can be controlled without destroying the plant, then he shall order it treated. If the person notified fails to comply with the order, the Secretary shall apply the appropriate control measures and the owner shall pay the cost. If the owner refuses to pay the cost, it shall be collected as provided in § 5-307. The Secretary may treat any suspicious plant found in dangerous proximity to those infested or infected in order to prevent dissemination.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-307 - Marking or Tagging Infested or Infected Plants; Notice to Owner; Destruction

(a)    If the Secretary or his designee finds any plant infested or infected with any dangerously injurious plant pest, he shall issue a stop sale notice and mark or tag the plant in a conspicuous manner. He shall give written notice to the owner, tenant, or person in charge of the premises.
(b)    If the person notified does not destroy or treat the infested or infected plant pursuant to the departmental rules and regulations, the Secretary shall destroy or treat the plant. The Secretary shall prepare a statement of the expenses of destruction or treatment and shall transmit a copy of the statement and account to the State’s Attorney of the county where the owner of the premises resides. The State’s Attorney shall collect the expenses and account to the Secretary. The copy of the statement and account is sufficient evidence to prove the claim.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-309 - Inspection of Nurseries; Inspection and License Fees; Special Certificates for Certain Plants

(a)    At least once each year the Secretary shall inspect each nursery in the State to determine if the nursery stock is infested or infected with dangerously injurious plant pests. Each nursery shall pay the Secretary an inspection fee based upon the number of acres in production: 1 acre or less, $10; more than 1 acre to 5 acres, $20; more than 5 acres to 10 acres, $30; more than 10 acres, $3 for each acre, or part of any acre, up to a maximum of $1,000. All fees collected shall be placed in the Plant Protection Fund and used to defray partially the cost of inspecting the nurseries.
(b)    Each nursery shall be certified annually by the Secretary if it meets standards established by the Department regarding freedom from plant pests and upon payment of a fee of $100. All fees collected shall be placed in the Plant Protection Fund and used to defray partially the cost of inspecting and certifying the nurseries.
(c)    Each broker or dealer shall comply with the regulations established by the Department and shall pay an annual license fee of $100. The Secretary may inspect annually the nursery stock in a sales or holding yard of a broker or dealer. Each broker or dealer shall pay the Secretary an inspection fee as provided in subsection (a) of this section. All fees collected shall be placed in the Plant Protection Fund and used to defray partially the cost of inspecting and licensing the brokers and dealers.
(d)    The Secretary may certify plants to be apparently free of injurious viruses, and/or other diseases, or plants that conform to established standards of strain purity. Each plant producer shall pay the Secretary the following certification fee for each acre, or part of an acre, in plant production: strawberry plants, “Cape” American beachgrass, “Avalon” Saltmeadow cordgrass, $50; grape vines, fruit trees, and bramble plants, $70. All fees collected shall be placed in the Plant Protection Fund and used to defray partially the cost of virus indexing, inspection, and analysis of plants certified or tagged.
(e)    If dangerously injurious plant pests are found in any nursery, orchard, or any premises where nursery stock is grown or held for sale, the Secretary shall order it treated or destroyed by the nurseryman or dealer. He shall release all other nursery stock grown on the premises, and issue a certificate of inspection to the owner. If the nurseryman or dealer fails to comply with the order, the Secretary shall seize, destroy, and/or treat the infested or infected nursery stock and the owner shall pay the costs. If the owner refuses to pay the cost, it shall be collected as prescribed in § 5-307 of this subtitle.
(f)    A federal, State, or local public agency is exempt from the license and inspection fees required by this section.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-310 - Shipping Nursery Stock Into State

(a)    If any nursery stock is shipped into the State from any other state to any nurseryman, broker, dealer, or other person in the State, every carload, bale, box or package shall be plainly labeled on the outside with (1) the name of the consignor, (2) the name of the consignee, and (3) a certificate showing that the contents have been inspected by a qualified State or government officer, and that the nursery stock is apparently free from any dangerously injurious plant pests.
(b)    If any nursery stock is shipped into the State from any other state without a certificate plainly fixed on the outside of each carload, box, bale, or package, the agent of the person receiving it may not deliver the nursery stock to the consignee or agent representing the consignor. The agent of the recipient shall notify the Secretary.
(c)    The Secretary immediately shall request any District Court to issue a summons ordering the consignee, consignor, or their agents to appear before it on a certain day named in the summons to show why the nursery stock should not be seized for violating the provisions of this subtitle. If the Court is satisfied that the provisions of this subtitle have been violated, it shall order the consignee or his agent to return the carload, box, bale, or package of nursery stock immediately to the consignor, unless the consignee or agent of the consignor at his expense has the nursery stock examined and certified by the Secretary. If the agent or consignee fails to have the nursery stock examined and certified by the Secretary or fails to return the carload, box, bale or package, then the Court shall order the constable, sheriff, or any law enforcement officer to burn and destroy any nursery stock shipped into the State in violation of this subtitle.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-311 - Selling or Shipping Nursery Stock Without Certificate

(a)    No nurseryman, broker, dealer, or other person may sell, ship, send, donate by mail, express, freight, or otherwise distribute nursery stock from any nursery or orchard, unless it is accompanied by a copy of the Department certificate printed on a tag or label that is not easily destroyed.
(b)    The tag or label shall be firmly attached in a conspicuous position on each carload, box, bale, or package sent or delivered.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-312 - Condemnation of Diseased Nursery Stock Sold, Shipped or Delivered in State

If any nurseryman, dealer, or agent of a carrier sells, ships, or delivers in the State any nursery stock infested or infected with dangerously injurious plant pests which upon examination by the Secretary is condemned, the nursery stock shall be destroyed, and the nurseryman, dealer, or agent shall forfeit the value of the stock and may not collect its value from the purchaser or consignee.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 3 - Plant Disease Control › Section 5-314 - Alternative Civil Penalty; Payments; Regulations

(a)    Instead of any other penalty authorized under this article, the Secretary may impose, on any person who violates any provision of this subtitle or any order which the Secretary has issued under this subtitle, a civil penalty not exceeding $500 for each violation.
(b)    Penalties collected by the Secretary under this section shall be paid into 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 5 - Pesticide and Pest Control › Subtitle 4 - Mosquito Control › Section 5-402 - Acceptance of Gifts or Loans From Federal Government

The Secretary may accept, use, or expend, on terms satisfactory to him, any aid, gift, or loan made available, by the government of the United States or any agency of it, for the purpose of carrying out the provisions of this subtitle.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 4 - Mosquito Control › Section 5-404 - Receipt of Funds From and Contracts With Political Subdivisions; Expenses of Mosquito Control on State-Owned Land

(a)    The Secretary may receive from any county, municipality, or special taxing district in the State funds for the purpose authorized by this section.
(b)    The Secretary may contract with any county, municipality, or special taxing district with respect to the construction or maintenance of the facilities and other work authorized by this subtitle to control or eliminate mosquitoes in or adjacent to the county, municipality or special taxing district.
(c)    The county, municipality, or special taxing district shall carry out the provisions of any contract entered into with the Secretary with respect to the work authorized by this subtitle.
(d)    To meet its financial commitments under the contract, each county, municipality, or special taxing district shall appropriate and, if necessary, levy taxes for these funds and pay them over, as the contract requires.
(e)    All expenses for mosquito control on State-owned land shall be paid from the general funds of the State.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 4 - Mosquito Control › Section 5-405 - Control and Elimination of Mosquitoes

(a)    The Secretary may make inspections, investigations, studies, and determinations as he deems advisable in order to ascertain the effect of mosquitoes and methods for their control or elimination in any part of the State.
(b)    If funds are available, the Secretary may construct and maintain ditches, dikes, dams, and other facilities and may place or spread insecticides or other substances he determines desirable or necessary to control or eliminate mosquitoes in any part of the State.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 4 - Mosquito Control › Section 5-405.1 - Notification of Mosquito Spraying

(a)    Except as provided in subsection (b) of this section, at least 24 hours before the State, a county, or a bicounty agency sprays a pesticide to control mosquitos within a municipality, the State, county, or bicounty agency shall provide to the municipality notification of:
(1)    The location of the spraying; and
(2)    The planned date and time of the spraying.
(b)    If the State, a county, or a bicounty agency determines that spraying a pesticide is necessary to control the outbreak of a virus, contagion, or similar public health threat, the State, county, or bicounty agency shall provide the notification required under subsection (a) of this section to the municipality as soon as practicable.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 4 - Mosquito Control › Section 5-406 - Mosquito Control

(a)    If the Secretary, in cooperation with the local health authority, finds that a person is causing or allowing mosquitoes to breed or develop on any property in a manner that may pose a threat to public health, the Secretary may order that the person abate the mosquito habitat in a manner and at a time specified in the order.
(b)    After all reasonable attempts of abatement have failed, an order issued in accordance with subsection (a) of this section shall be served:
(1)    On the person who is causing or allowing mosquitoes to breed or develop; or
(2)    If the person who is causing or allowing the mosquitoes to breed or develop cannot be found, on the owner or occupant of the property where the mosquitoes exist.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 4 - Mosquito Control › Section 5-407 - Mosquito Control -- Injunction

(a)    The Secretary may bring an action for an injunction against any person violating any order issued by the Secretary under § 5–406 of this subtitle.
(b)    In any action for an injunction brought under this section, any finding of the Secretary after a hearing shall be prima facie evidence of each fact found.
(c)    On a showing by the Secretary that any person is violating or is about to violate any order issued by the Secretary, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law.
(d)    An injunction instituted under this section shall be issued without bond.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 4 - Mosquito Control › Section 5-408 - Mosquito Control -- Penalty

A person who fails to comply with the requirements of an order served under § 5–406 of this subtitle is guilty of a misdemeanor and on conviction is subject to:
(1)    For a first offense, a fine not exceeding $1,000; and
(2)    For a second or subsequent offense, a fine not exceeding $5,000.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 5 - Honey Bees › Section 5-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Abandoned apiary” means an apiary where a beekeeper fails to maintain a colony.
(c)    “Apiary” means a place where one or more bee colonies may be maintained.
(d)    “Appliance” means any device used in handling bees, hives, honey, or wax.
(e)    “Bee” means the common honey bee, apis mellifera, at any stage of development.
(f)    “Bee equipment” means any part of a hive, including any frame, hive body, or super.
(g)    “Colony” means a hive that contains bees, comb, and honey.
(h)    “Disease” means an abnormal condition resulting from action by a parasite, predator, or infectious agent.
(i)    “Hive” means a container for housing bees.
(j)    “Honey house” means a structure where honey is extracted and processed for sale.
(k)    “Packaged bee” means any bee shipped in a combless package.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 5 - Honey Bees › Section 5-502 - Inspection of Apiaries; Investigations; Information to Promote Industry; Records

The Secretary shall:
(1)    Inspect apiaries and honey houses;
(2)    Conduct investigations;
(3)    Disseminate information to promote the beekeeping industry; and
(4)    Keep records of any work performed in carrying out the provisions of this subtitle.