Md. Code Regs. 15.06.04.05 - Administrative Orders By The Secretary
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 ยง
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.
B. A person
who violates any order issued by the Secretary is subject to a civil penalty
not to exceed $500 for each violation.
Notes
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