Md. Code Regs. 15.06.04.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 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 § 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.

Md. Code Regs. 15.06.04.05