reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.11 - Posting of Sign on School Grounds

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee or permittee applying a pesticide to a school
				  ground shall post, at the time of application, a sign which conforms to the
				  requirements of COMAR
				  15.05.01.15B
				  -G.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.01 - Movement of Vegetable Plants into Maryland › Section 15.06.01.01 - Scope of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Regulated Area. All states, territories, and districts outside of
				Maryland.
B. Regulated Articles.
				Vegetable plants intended for transplanting, including broccoli, brussel
				sprout, cabbage, cauliflower, collard, eggplant, kale, lettuce, onion, pepper,
				asparagus, sweet potato, and tomato.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.01 - Movement of Vegetable Plants into Maryland › Section 15.06.01.02 - Conditions of Movement into Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any of the regulated articles, free from
				soil or in soil freed from plant pests by methods acceptable to the certifying
				agency, may be moved into Maryland when accompanied by an official inspection
				certificate of the state of origin. The certificate shall establish that the
				plants were grown under, and meet the requirements of, an official plant
				certification program of the state of origin and that the plants were certified
				to be free of plant pests based on an inspection made not more than 3 days
				before shipment or removal from the soil.
B. The official inspection certificate shall
				be attached to each crate, basket, or other container.
C. Each crate, basket, or other container of
				plants shall be labeled individually as to variety and number of
				transplants.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.01 - Movement of Vegetable Plants into Maryland › Section 15.06.01.03 - Transplant Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Imported transplant standards include the following:
(1) All plants shall be of good quality in
				color, freshness, firmness, strength, straightness, undamaged condition,
				uniformity of size, and physical condition;
(2) Plants shall be apparently free from
				injurious pests, fruit, excessive bloom, and weeds;
(3) Plant count shall equal or exceed the
				number listed on the container.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.01 - Movement of Vegetable Plants into Maryland › Section 15.06.01.04 - Inspection at Maryland Destination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any of the regulated articles entering the
				State are subject to inspection by the Department, and, if any are found to be
				infested with plant pests, or do not meet transplant standards, or are not
				accompanied by a valid certificate, they may be destroyed immediately or
				ordered removed from the State.
B.
				Each container shall be conspicuously labeled with the name and address of the
				grower and shipper, the varietal name or names, and the plant count of each
				variety.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Broker" means a person, except a
				nurseryman or dealer, who solicits, takes orders, sells, or distributes nursery
				stock.
(2) Dealer.
(a) "Dealer" means a person, except a
				nurseryman or broker, who:
(i) Advertises
				nursery stock for sale or installation; or
(ii) Buys, collects, or otherwise acquires
				wild plants or nursery stock for the purpose of selling, planting, or
				distributing them.
(b)
				"Dealer" does not include a person who acquires plants for personal
				use.
(3) "Department"
				means the Maryland Department of Agriculture.
(4) "Inspection" means the physical or visual
				examination of nursery stock or other plant materials and its
				environs.
(5) "Inspector" means an
				employee of the Department designated to enforce these regulations.
(6) "Location" means each place from which
				nursery stock is sold, offered for sale, or distributed.
(7) "Nursery" means a place where nursery
				stock is produced for sale or distribution.
(8) "Nursery Inspection Certificate (NIC)"
				means a certificate issued by the Department to a designated nursery.
(9) "Nurseryman" means a person engaged in
				the production of nursery stock for sale or distribution.
(10) "Nursery stock" means:
(a) 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;
(b) Any nonhardy plant or
				plant part to be distributed in another state that requires plant inspection
				and certification before entering that state; and
(c) Any other plant included by the
				Secretary, if regulating its movement is necessary to control any dangerously
				injurious plant pest.
(11) "Person" means an individual,
				partnership, corporation, association, organized group of persons, or any other
				legal entity.
(12) "Plant Broker
				License (PBL)" means a license issued by the Department to any persons
				designated as a broker.
(13) "Plant
				Dealer License (PDL)" means a license issued by the Department to any persons
				designated as a dealer.
(14) "Plant
				pest" means any insect, snail, nematode, fungus, virus, bacteria, weed, or any
				other form of terrestrial or aquatic plant or microorganism which is normally
				considered to be a plant pest or which the Secretary declares to be a plant
				pest.
(15) "Secretary" means the
				Secretary of Agriculture or his designee.
(16) "State of origin" means the state where
				nursery stock was produced or maintained during the previous growing
				season.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.02 - Categories of Operation

Current through Register Vol. 51, No. 14, July 12, 2024
The following categories of operations are established and,
				  upon meeting the requirements of these regulations, a person in these
				  categories will be issued the type of certificate or license indicated:
A. Nursery Inspection Certificate.
(1) Christmas tree production-the production
				of Christmas trees.
(2) Greenhouse
				plant production-the growing of nursery stock under glass, fiberglass, plastic
				or other similar material.
(3)
				Landscape nursery operation-the production of nursery stock to be used for
				landscape purposes by the producing nursery.
(4) Nursery stock production-the growing of
				nursery stock for sale or distribution.
(5) Public agency nursery-a federal, State,
				or local government agency engaged in the production of nursery stock for
				research or educational purposes, for reforestation projects, or for use on
				public lands.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.03 - Certification of Nurseries

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				nursery producing nursery stock for distribution, exchange, or sale shall hold
				a valid Nursery Inspection Certificate for each sales location.
B. Requirements for Certification. An
				applicant must fulfill the following requirements for certification:
(1) Make application to the Department on
				forms provided by the Department;
(2) Furnish an affidavit attesting to the
				number of acres, or part of an acre, devoted to the production or maintenance
				of nursery stock;
(3) Pay annual
				fees as specified in Regulation .06A, of this chapter, at the time of
				application for, or renewal of, a certificate;
(4) Provide access for the inspection of all
				nursery stock;
(5) Follow
				appropriate cultural practices such that an adequate inspection of the nursery
				stock can be made;
(6) Provide a
				suitable means of identifying similar blocks of nursery stock, as required by
				the Department;
(7) Keep nursery
				stock free of plant pests;
(8)
				Furnish a list of his suppliers of nursery stock.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.04 - Plant Dealer License

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				plant dealer engaged in the sale or distribution of nursery stock shall hold a
				valid Plant Dealer License for each sales location.
B. Requirements for Licensure. An applicant
				must fulfill the following requirements for licensure:
(1) Make application to the Department on
				forms provided by the Department;
(2) Furnish a list of his suppliers of
				nursery stock;
(3) Maintain records
				for 1 year of plant acquisitions, including certificate of inspection or
				another document indicating consignor and state of origin;
(4) Furnish an affidavit attesting to the
				number of acres, or part of an acre, used as a holding or sales yard for
				nursery stock;
(5) Pay annual fees
				as specified in Regulation .06A, of this chapter, at the time of application
				for, or renewal of, a license;
(6)
				Provide access for the inspection of all nursery stock;
(7) Follow appropriate cultural practices
				such that an adequate inspection of the nursery stock can be made;
(8) Provide a suitable means of identifying
				similar blocks of nursery stock as required by the Department; and
(9) Keep nursery stock free of plant
				pests.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.05 - Plant Broker License

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				plant broker engaged in the business of soliciting, taking orders, selling, or
				distributing nursery stock in the State shall hold a valid Plant Broker
				License.
B. Requirements for
				Licensure. An applicant must fulfill the following requirements for licensure:
(1) Make application to the Department on
				forms provided by the Department;
(2) Pay the annual license fee as specified
				in Regulation .06B at the time of application for, or renewal of, a
				license;
(3) Furnish a list of
				nurseries for which he acts as a broker.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.06 - Fee Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fees
				shall be assessed according to the requirements in §§B-I of this
				regulation.
B. Persons Issued a
				Nursery Inspection Certificate or a Plant Dealer License.
(1) For field inspections of:
(a) 1 acre or less - $10;
(b) More than 1 acre to 5 acres -
				$20;
(c) More than 5 acres to 10
				acres - $30;
(d) More than 10 acres
				- $3 for each acre or part of any acre, up to a maximum of $1,000.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.07 - Plant Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Identification of Nursery Stock Produced in Maryland.
(1) Each piece of nursery stock offered for
				retail sale shall be accompanied by a label containing the following
				information, except as provided in §A(2), of this regulation:
(a) Plant Name. This name may be the
				scientific name or an approved common name, or both. The variety name may also
				be on the label, but may not be used in lieu of the scientific or approved
				common name.
(b) Height or caliper
				or grade or diameter if sold by this measure.
(c) Price of each plant.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.08 - Infested Plants or Plant Parts

Current through Register Vol. 51, No. 14, July 12, 2024
Any plant or plant part, whether or not included under the
				  definition of nursery stock, found in the State infested with injurious plant
				  pests, is subject to stop sale or condemnation seizure procedures outlined in
				  Regulations .09 and .10, of this chapter, respectively. Infested plants may be
				  returned to the shipper, treated, destroyed, or otherwise disposed of by the
				  inspector without compensation to the consignor.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.09 - Stop Sale

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nursery
				stock infested or infected with a dangerously injurious plant pest (See
				Regulation .12A of this chapter) may be marked with a stop- sale tag indicating
				that it may not be sold or distributed.
B. The owner, tenant, or person in charge of
				the property where nursery stock covered by a stop-sale notice is located shall
				be given written notice of the stop-sale action.
C. A person may not sell, offer for sale,
				use, dispose of, or in any way destroy nursery stock covered by a stop-sale
				notice, or detach, alter, or destroy any attached tag without the Department's
				written authorization.
D. Nursery
				stock covered by a stop-sale notice shall be treated or destroyed as specified
				by the Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.10 - Condemnation Seizure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				condemnation seizure notice may be issued for nursery stock originating in, or
				shipped into, the State, infested or infected with plant pests.
B. Nursery stock infested or infected with
				any pest listed in Regulation .12A shall be destroyed unless the shipper or
				consignor agrees to have the plants returned to him at his expense.
C. Nursery stock infested or infected with
				any pest listed in Regulation .12B shall be destroyed unless the shipper or
				consignor agrees to have the plants returned or treated at his
				expense.
D. Nursery stock ordered
				treated may not be sold or offered for sale until it has been released for sale
				by the inspector. The cost of any required treatment shall be paid by the
				shipper or consignor.
E. The
				shipper or consignor shall forfeit any nursery stock condemned, seized, or
				destroyed, and may not collect its value from a purchaser or
				consignee.
F. A condemnation
				seizure notice may be issued for nursery stock that is not properly certified
				by the state of origin. The nursery stock shall be destroyed unless the shipper
				or consignor agrees to:
(1) Have the nursery
				stock returned at his expense;
(2)
				Provide proper certification;
(3)
				Authorize an inspector to examine and certify the nursery stock at the expense
				of the shipper or consignor.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.11 - Treatment or Destruction Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nursery stock infested or infected with a
				plant pest (See Regulation .12A-B of this chapter) shall be ordered treated or
				destroyed.
B. The owner, tenant, or
				person in charge of nursery stock covered by a treatment order shall:
(1) Learn from the inspector of suitable
				techniques for control of the pests;
(2) Have the nursery stock treated;
				and
(3) Inform the inspector in
				writing when pests have been controlled.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.12 - Classification of Plant Pests

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Dangerously Injurious Plant Pests.
(1) A stop
				sale notice may be issued when any plant pest of quarantine significance is
				detected or is a plant pest that is not known to occur in the State.
(2) Insects. A stop-sale notice may be issued
				when the following insects are detected:
(a)
				Stem and trunk borers such as Dogwood, Ash, Lilac, Iris, Rhododendron, Lesser
				peach tree, Bronze birch, and peach tree;
(b) Scale insects, such as Euonymus, Elongate
				hemlock, Hemlock, Pit, Obscure, Japanese maple, Latania, Camellia, Oystershell,
				San Jose, Tea, White peach, Yangicola;
(c) Beetles, such as Whitefringed, Black vine
				weevil, Fullers rose beetle, White pine weevil;
(d) Caterpillars such as Gypsy
				moth;
(e) Gall adelgids such as
				Eastern spruce;
(f) Leafminers,
				such as Boxwood;
(3)
				Plant Diseases. A stop-sale notice may be issued when the following plant
				diseases are detected:
(a) Vascular wilt
				diseases, such as Dutch elm disease, Oak wilt, Verticillium wilt, Mimosa wilt,
				Phytophthora wilt, Elm phloem necrosis;
(b) Canker diseases, such as Chestnut blight,
				Nectria cankers, Botryosphaeria cankers, Cytospora cankers, White pine blister
				rust, Phytophthora cankers, Fusarium cankers, Strumella cankers, Volutella
				cankers, Phomopsis cankers, Discula anthracnose of dogwood;
(c) Bacterial diseases, such as Crown gall,
				Fire blight, Wetwood (Slime-flux);
(d) Galls, such as Rust galls on Pinus spp.,
				Black knot on Prunus spp., Cedar-apple rust galls on Juniperus spp., Crown
				gall, Root-knot nematode;
(e)
				Plants infected with viruses or phytoplasms, such as Holly ringspot, Rose
				mosaic, Rose ring pattern, Stem pitting of Prunus, Fasciation, Witches'-broom
				Tospoviruses;
(f) Root diseases,
				such as Armillaria root rot (Shoestring root rot); Phytophthora, Pythium,
				Rhizoctonia, and Fusarium root rots; Damping-off; Wilts; Root-knot, cyst, and
				other plant parasitic nematodes;
(g) Needle blight, needle cast, and needle
				rust diseases of evergreens, such as Diplodia tip blight, Phomopsis blight,
				Brown spot needle blight, Lophodermium needle cast, Rhabdocline needle cast,
				Coleosporium needle rust;
(h)
				Gymnosporangium rusts, such as Hawthorn, and Cedar-apple;
(i) Any other disease or abnormal condition
				of growth determined by the Department to be dangerously injurious to
				plants.
(4) Weeds. A
				stop-sale notice may be issued when the following weeds are detected infesting
				the soil known as the root ball: Mugwort, Bermudagrass, Dodder, Johnsongrass,
				Poison ivy, Thistles, Witchweed, Mile-a-Minute, or any other weed determined by
				the Department to be dangerously injurious.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.13 - Reciprocal Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Nursery stock from other states shall be received in the State on the same
				basis as nursery stock from the State is received in other states.
B. An official directory of certified
				nurseries and licensed plant dealers will be accepted from other states in lieu
				of an individually filed certificate or license.
C. All fees for inspection, certification,
				registration, or licensure, or all of these, will be waived by the Department
				for out- of-state nurseries, plant dealers, and brokers selling or distributing
				nursery stock in the State, providing similar fees are waived for State
				nurseries, plant dealers, and brokers by the reciprocating state.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.14 - Importation of Living Insects, Plant Disease Agents and Other Pests

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not
				import into the State any live insect, plant disease agent, or other pest for
				research, educational, or other purposes unless that importation is authorized
				by a permit issued by the Department.
B. Applications for permits are furnished by
				the Department upon request.
C.
				Permit holders shall comply with the conditions specified on the
				permit.
D. Any shipment or lot
				which is not authorized by a valid permit shall be destroyed immediately unless
				the Secretary determines that the contents of a shipment or lot do not pose any
				danger to agriculture. If the Secretary issues this determination, a shipment
				or lot will be held for proper certification or will be returned to its point
				of origin.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.15 - Plant Certification Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person producing plants for special
				certification under a program supervised by the Department shall meet the
				standards for certification required by the Department.
B. A person producing certified plants will
				be assessed a fee as indicated in Regulation .06 of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.16 - Phytosanitary Certificates

Current through Register Vol. 51, No. 14, July 12, 2024
Plants shipped interstate or internationally may be required
				  by another jurisdiction to have a Department-issued phytosanitary certificate
				  before shipment. The Department will issue a certificate only when required by
				  the destination state or country. If a person requests the Department to issue
				  this certificate, that person shall:
A. Notify the Department at least 2 weeks
				before the scheduled shipping date;
B. Provide information as required by the
				Department; and
C. Provide access
				for the inspection of plants to be certified.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.17 - Revocation, Suspension or Denial of License, Certificate, or Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department,
				after notice and an opportunity for a hearing, may revoke, suspend, or deny a
				license, certificate, or permit or impose a civil penalty for a failure to
				comply with the Plant Pest Control Law or regulations.
B. A person may appeal the denial,
				revocation, or suspension of a license, certificate, permit, or civil penalty
				according to Departmental regulations and the Administrative Procedure
				Act.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.18 - Criminal Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A person who violates any provision of these regulations is
				  subject to the following penalties or fines:
A. First offense: Upon conviction, a fine not
				exceeding $500, or imprisonment not exceeding 3 months, or both.
B. Second or subsequent offense: Upon
				conviction, a fine not exceeding $1,000, or imprisonment not exceeding 1 year,
				or both.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.02 - Plant Pest Control Regulations › Section 15.06.02.19 - Civil Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				Department determines that a violation of this subtitle has occurred, it may
				impose a civil penalty of not more than $500 for each violation:
(1) Instead of, or in addition to, suspension
				of the license, permit, or certificate; or
(2) In addition to revocation of the license,
				permit, or certificate.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.03 - Collection and Conservation of Maryland Ginseng › Section 15.06.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Department"
				means the Maryland Department of Agriculture.
B. "Ginseng" means any part of the wild herb,
				American Ginseng (Panax quinquefolius L.).
C. "Person" means an individual, partnership,
				corporation, association, or organized group of persons, or any other legal
				entity.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.03 - Collection and Conservation of Maryland Ginseng › Section 15.06.03.02 - Scope of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Regulated area: Maryland.
B.
				Regulated article: American Ginseng (Panax quinquefolius L.), intended for
				sale.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.03 - Collection and Conservation of Maryland Ginseng › Section 15.06.03.03 - Collecting Season and Size Limitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Ginseng roots may be collected only during
				the collection season from September 1 through December 1.
B. Roots from ginseng plants less than 5
				years of age or with fewer than three five-leaflet leaves (three prongs) or
				with immature seeds (green berries) may not be collected.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.03 - Collection and Conservation of Maryland Ginseng › Section 15.06.03.04 - Planting Seeds

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise authorized by the Department, all seeds from
				  collected or harvested ginseng plants shall be planted properly in the vicinity
				  of the collected plant immediately after collection or
				  harvest.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.03 - Collection and Conservation of Maryland Ginseng › Section 15.06.03.05 - Collecting Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A person who collects or harvests ginseng intended for sale
				  shall hold a valid annual collecting permit for each collecting
				  season.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.03 - Collection and Conservation of Maryland Ginseng › Section 15.06.03.06 - Permit Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				permit applicant shall do the following annually:
(1) Make application on Departmental
				forms;
(2) Pay a $2 fee to the
				Department; and
(3) Maintain the
				following records for 3 years and make them available, upon request, to the
				Department:
(a) The amount of ginseng
				collected in each county;
(b) The
				name and address of any dealer who purchases ginseng from the
				collector.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.03 - Collection and Conservation of Maryland Ginseng › Section 15.06.03.07 - Ginseng Certification

Current through Register Vol. 51, No. 14, July 12, 2024
Before selling ginseng, a collector shall certify on a
				  Departmental form where the ginseng was collected or harvested. Before moving
				  ginseng for sale from Maryland, a collector or dealer shall have it physically
				  inspected and certified by a representative of the
				  Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.03 - Collection and Conservation of Maryland Ginseng › Section 15.06.03.08 - Ginseng Dealer Registration and Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who buys ginseng for resale shall
				register annually with the Department and pay a $20 fee.
B. Dealers shall keep the following records
				for 3 years and make them available, upon request, to the Department:
(1) For each sale, the name and permit
				number, or dealer registration number, of the seller and the weight in pounds
				and ounces or kilograms and grams of ginseng purchased.
(2) The total amount paid annually for
				ginseng collected in Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.04 - Regulation of Invasive Plants › Section 15.06.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish a science-based risk assessment
				  protocol to determine the harm and impact caused by invasive plants, including
				  an approval procedure for activities involving invasive plant species that
				  cause or are likely to cause severe harm and administrative orders that the
				  Secretary may issue to enforce these regulations.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.04 - Regulation of Invasive Plants › Section 15.06.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Commercial entity" means an entity that
				engages in a plant removal activity for profit.
(2) "Invasive plant" means a terrestrial
				plant species that:
(a) Did not evolve in the
				State; and
(b) 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.
(3) "Off-site" means
				property other than where the Tier 1 invasive plant exists, including property
				under the control of the person removing the Tier 1 plant but not contiguous,
				for example, separated by a road or property owned by another person.
(4) "Tier 1 invasive plant" includes invasive
				plant species that cause or are likely to cause severe harm within the
				State.
(5) "Tier 2 invasive plant"
				includes invasive plant species that cause or are likely to cause substantial
				negative impact within the State.
(6) "Transport" means when a person moves a
				Tier 1 invasive plant anywhere within the State, including for transportation
				or shipment.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.04 - Regulation of Invasive Plants › Section 15.06.04.03 - Risk Assessment Protocol for Invasive Plants

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall determine whether an invasive plant
				  qualifies as a Tier 1 or a Tier 2 plant based on the following
				  protocols:
A. Plant risk assessment
				protocol established by the United States Department of Agriculture, Animal and
				Plant Health Inspection Service, Plant Protection Quarantine pursuant to A.
				Koop, L. Fowler, L. Newton, and B. Caton, Development and Validation of a Weed
				Screening Tool for the United States, Biological Invasions (2012) 14:273-294,
				which is incorporated by reference; and
B. Factors relating to special Maryland
				circumstances (e.g. potential distribution, current distribution, threatened
				and endangered species or ecosystems, feasibility of control, and special
				agricultural conditions).
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.04 - Regulation of Invasive Plants › Section 15.06.04.04 - Tier 1 Prohibitions and Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as approved by the Secretary under
				this regulation, a person may not propagate, import, transfer, sell, purchase,
				transport, or introduce any living part of a Tier 1 invasive plant in the
				State.
B. A person may conduct an
				activity prohibited under §A of this regulation if:
(1) The person receives approval from the
				Secretary before conducting the activity; and
(2) The activity is for the purpose of:
(a) Disposing of the invasive
				plant;
(b) Controlling the invasive
				plant;
(c) Using the invasive plant
				for research or educational purposes; or
(d) Exporting the invasive plant out of the
				State
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.04 - Regulation of Invasive Plants › Section 15.06.04.05 - Administrative Orders By The Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may issue administrative
				orders to enforce the provisions of this chapter and Agriculture Article, Title
				9.5 (Invasive Plants Prevention and Control), Annotated Code of Maryland, as
				follows:
(1) Order any person to cease
				propagating, importing, transferring, selling, purchasing, transporting, or
				introducing any living part of a Tier 1 invasive plant in the State;
(2) Order the condemnation and seizure of any
				Tier 1 plant owned or possessed by any person who violates §
										9.5-302(a)(2)
				of the Agriculture Article, Annotated Code of Maryland;
(3) Order the marking or tagging in a
				conspicuous manner of a Tier 1 plant owned or controlled by any person subject
				to an order of the Secretary under this chapter;
(4) Order any person, on notice from the
				Secretary, to dispose of any Tier 1 plant that is held in violation of this
				Chapter or in violation of Agriculture Article, Title 9.5, Annotated Code of
				Maryland, in a manner that renders all plant parts nonviable, or allow a person
				to return a Tier 1 plant to the out-of-State supplier of the plant, as approved
				in advance by the Secretary;
(5)
				Order a person to make any Tier 1 plant available to the Secretary for
				destruction if the person has failed to dispose of the Tier 1 plant as ordered
				by the Secretary and require that person to pay any destruction cost;
(6) Order any person to cease selling or
				offering for sale at any retail outlet a Tier 2 invasive plant until the retail
				outlet posts in a conspicuous manner in proximity to all Tier 2 plant displays
				a sign identifying the plants as Tier 2 plants;
(7) Order any person to cease providing
				landscaping services to plant or supply for planting a Tier 2 invasive plant,
				if the person fails to provide the customer with a list of Tier 2 invasive
				plants; or
(8) Order a person to
				take any action that the Secretary considers necessary to enforce the
				requirements of Agriculture Article, Title 9.5, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.04 - Regulation of Invasive Plants › Section 15.06.04.06 - Tier 1 and Tier 2 Invasive Plants

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following plants are classified as
				Tier 1 invasive plants upon adoption of this regulation (see Department's
				website for adoption date invasive plants prevention and control.aspx):
(1) Ficaria verna (fig buttercup);
(2) Geranium lucidum (shining
				cranesbill);
(3) Iris pseudacorus
				(yellow flag iris);
(4) Euonymus
				fortune (wintercreeper);
(5)
				Lonicera maackii (Amur honeysuckle); and
(6) Corydalis incisa (incised
				fumewort).
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.04 - Regulation of Invasive Plants › Section 15.06.04.07 - Required Retail Signage for Tier 2 Plants

Current through Register Vol. 51, No. 14, July 12, 2024
A person shall post in a conspicuous place, in proximity to
				  all Tier 2 invasive plant displays, a sign imprinted with the insignia required
				  by this regulation, identifying the plants as Tier 2 invasive plants,
				  consistent with the following:
A. The
				insignia imprinted on any sign shall be a minimum of 5" tall x 7"
				wide;
B. The insignia shall be
				reproduced in black on a bright yellow background; and
C. The insignia as provided below shall be
				used:
Click here to view
				  Image
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.05 - Regulation of Noxious Weeds › Section 15.06.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish a list of plants and weeds that
				  are considered to be noxious weeds in this State. They also describe programs
				  or practices that the Department may carry out that are necessary for the
				  control and eradication of noxious weeds.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.05 - Regulation of Noxious Weeds › Section 15.06.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) Department means the Maryland Department
				of Agriculture.
(2) Noxious weed
				means an annual, biennial, or perennial weed or plant that adversely affects or
				threatens agricultural production.
(3) Secretary means the Secretary of
				Agriculture or the Secretary's designee.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.05 - Regulation of Noxious Weeds › Section 15.06.05.03 - Noxious Weed List

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary has determined that the following weeds and
				  plants are noxious weeds in this State:
A. Johnsongrass (Sorgham halepense);
B. Shattercane (Sorgham
				biclor);
C. Canada Thistle (Circium
				arvense);
D. Musk/Knodding Thistle
				(Carduus nutans);
E. Plumless
				Thistle (Carduus acanthoides);
F.
				Bull Thistle (Circium vulgare);
G.
				Palmer Amaranth (Amaranthus palmeri); and
H. Tall Waterhemp (Amaranthus tuberculatus,
				A. rudis).
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.05 - Regulation of Noxious Weeds › Section 15.06.05.04 - Programs and Practices to Control and Eradicate Noxious Weeds

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary
				may institute programs or carry out practices necessary for the control and
				eradication of a noxious weed on public or private lands, including, but not
				limited to, mowing and spraying.
B.
				The Secretary may enter into agreements with a county or other political
				subdivision of the State, including a soil conservation district, to implement
				a program for the control and eradication of noxious weeds. These agreements
				may allow the Department to provide technical assistance and oversight by a
				noxious weed program administered by the county or other political subdivision
				of the State. The Secretary also may enter into agreements with an adjoining
				state or an agency of the federal government to implement a program for the
				control and eradication of noxious weeds.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 06 - PLANT PEST CONTROL › Chapter 15.06.05 - Regulation of Noxious Weeds › Section 15.06.05.05 - Administrative Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Instead of pursuing the criminal penalties set forth in
				  Agriculture Article, Title 12, Annotated Code of Maryland, the Secretary may
				  impose on any person who violates this chapter a penalty of:
A. For a first violation, not more than
				$500;
B. For a second violation,
				not more than $1,000; or
C. For a
				third or subsequent violation, not more than $2,000.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 07 - APIARY INSPECTION › Chapter 15.07.01 - General Regulations › Section 15.07.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Abandoned apiary" means an apiary in
				which the owner or operator fails to manipulate the colonies in the customary
				manner, such as:
(a) Inspect each colony in
				the spring and notify the Department of any colony with a disease;
(b) Provide super room during honey
				flow;
(c) Remove the honey crop at
				the end of the season;
(d) Inspect
				each colony in the fall when the crop is removed and notify the Department of
				any colony with a disease;
(e)
				Provide reasonable and adequate attention to each colony during the year to
				prevent robbing, which might jeopardize the welfare of neighboring colonies
				through the spread of disease.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 07 - APIARY INSPECTION › Chapter 15.07.01 - General Regulations › Section 15.07.01.02 - Registration Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				person keeping a bee colony shall hold a valid registration
				certificate.
B. A person who is not
				registered as a beekeeper under this regulation and who acquires a colony shall
				have it registered with the Department within 30 days after the
				acquisition.
C. A registration
				certificate shall be renewed annually upon meeting all of the requirements set
				forth in this regulation.
D. To
				obtain a registration certificate, a person shall:
(1) Make application to the Department on
				forms provided by the Department; and
(2) Provide access for the inspection of each
				colony in each apiary.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 07 - APIARY INSPECTION › Chapter 15.07.01 - General Regulations › Section 15.07.01.04 - Diseases

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon the finding
				of a colony of bees infected with American or European foulbrood, an inspector
				shall mark the hive housing the diseased colony to designate American foulbrood
				or European foulbrood and the date of inspection. These markings may not be
				removed by the owner until permission is granted in writing by an authorized
				agent of the Department.
B. If
				disease is found in a colony or apiary, a quarantine notice shall be issued (if
				deemed necessary by the Department) to the owner of the diseased colony or
				apiary. This quarantine notice shall designate the disease or diseases present,
				the number of colonies affected, together with instruction for treatment or
				disposition. The quarantine will remain in effect until terminated in writing
				by an authorized agent of the Department.
C. Bees, bee colonies, or bee equipment used
				near bees may not be moved from the quarantined property on which the diseased
				colony or apiary is located until written notice that the quarantine has been
				lifted is received or unless special permission is granted, in writing, by the
				authorized agent of the Department.
D. In case of failure to comply with the
				recommendations for treatment of a diseased colony, or if the colony fails to
				respond to treatment, the Secretary may proceed to destroy the colony and any
				bee equipment which may constitute a source of infection. Whenever burning of a
				diseased colony is necessary, the colony shall be disposed of in the vicinity
				of the diseased apiary.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 07 - APIARY INSPECTION › Chapter 15.07.01 - General Regulations › Section 15.07.01.05 - Abandoned Apiaries

Current through Register Vol. 51, No. 14, July 12, 2024
When an apiary is deemed to be an abandoned apiary, written
				  notice shall be given by certified mail to the owner or operator, if the owner
				  or operator can be located, that the apiary is an abandoned apiary. If the
				  owner or operator cannot be located, the notice shall be served on the owner of
				  the land on which the apiary is located. If the apiary continues to be so
				  abandoned for more than 30 days after notice is served, the Secretary shall
				  take whatever steps are necessary including the removal or destruction, or
				  both, of the apiary, to protect the welfare of neighboring
				  apiaries.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 07 - APIARY INSPECTION › Chapter 15.07.01 - General Regulations › Section 15.07.01.06 - Moveable Frames

Current through Register Vol. 51, No. 14, July 12, 2024
Every person engaged in beekeeping shall provide moveable
				  frames in all hives and shall cause the bees in the hives to construct brood
				  combs in the frames so that any frame may be removed without injury to other
				  combs in the hive.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 07 - APIARY INSPECTION › Chapter 15.07.01 - General Regulations › Section 15.07.01.07 - Dead Colonies

Current through Register Vol. 51, No. 14, July 12, 2024
In any apiary in which a colony or colonies of bees have
				  died, the owner or operator shall securely close the entrance to the hive of
				  the colony or colonies so that other bees cannot obtain honey from it. The
				  entrances shall remain closed so long as the hives remain in any place where
				  bees may gain access to them.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 07 - APIARY INSPECTION › Chapter 15.07.01 - General Regulations › Section 15.07.01.08 - Transporting Bees

Current through Register Vol. 51, No. 14, July 12, 2024
A person may transport through Maryland a bee colony only
				  under the following conditions:
A.
				Each bee colony shall be screened or covered at all times to prevent bees from
				escaping;
B. An operator of a motor
				vehicle transporting bees shall keep the bees from being agitated by operating
				the vehicle's motor at all times unless refueling, or unless the bees are
				enclosed in a refrigerated section of the vehicle where the temperature is
				maintained at 45°F;
C. A motor
				vehicle containing bees may not be operated more than 1 mile from any
				interstate highway; and
D. If bees
				are released for any reason from a vehicle, the operator or other responsible
				person shall report the release immediately to the Maryland Department of
				Agriculture and Maryland State Police.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 07 - APIARY INSPECTION › Chapter 15.07.01 - General Regulations › Section 15.07.01.09 - Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A person who violates a provision of this chapter is guilty
				  of a misdemeanor as provided by Agriculture Article, §
									12-103, Annotated Code of
				  Maryland.