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§ 9.5-301. Duties of Secretary

West's Annotated Code of MarylandAgricultureEffective: October 1, 2022

West's Annotated Code of Maryland
Agriculture
Title 9.5. Invasive Plants Prevention and Control (Refs & Annos)
Subtitle 3. Regulation of Invasive Plants (Refs & Annos)
Effective: October 1, 2022
MD Code, Agriculture, § 9.5-301
§ 9.5-301. Duties of Secretary
Currentness
In general
(a) The Secretary, with the advice of the Committee, shall:
(1) On or before October 1, 2012, adopt regulations that:
(i) Establish a science-based risk assessment protocol for invasive plants that:
1. Will serve as a basis for creating a two-tiered regulatory approach for controlling invasive plants in the State; and
2. Considers the harm, as determined by the Secretary, that invasive plants cause in the State, including:
A. Economic harm;
B. Ecological harm;
C. Environmental harm; and
D. Harm to human health;
(ii) Govern administrative orders that the Secretary may issue to enforce this subtitle; and
(iii) Establish a procedure for the approval required under § 9.5-302 of this subtitle for activities involving tier 1 invasive plants.
(2) On or before October 1, 2013, adopt regulations that:
(i) Establish a list of tier 1 plants and tier 2 plants in accordance with the risk assessment protocol adopted under paragraph (1) of this subsection;
(ii) Establish a procedure for classification or declassification of an invasive plant as a tier 1 invasive plant or a tier 2 invasive plant;
(iii) Phase in the implementation of the requirements of this subtitle with consideration of the economic impact of these requirements on nurseries, landscapers, plant wholesalers, plant retailers, and any other industry;
(iv) Establish a procedure for the disposal of tier 1 plants;
(v) Designate the format, size, and content of the sign required under § 9.5-302(b)(1) of this subtitle; and
(vi) Provide for the distribution of a list of tier 2 invasive plants to licensed nurseries, plant dealers, and plant brokers on an annual basis.
Plant Invaders of Mid-Atlantic Natural Areas
(b)(1) The Secretary shall classify as a tier 1 invasive plant or a tier 2 invasive plant each plant identified as invasive in the National Park Service's and U.S. Fish and Wildlife Service's Plant Invaders of Mid-Atlantic Natural Areas.
(2) Nothing in this section may be construed as limiting the Secretary's authority to classify as a tier 1 invasive plant or a tier 2 invasive plant plants not identified as invasive in the National Park Service's and U.S. Fish and Wildlife Service's Plant Invaders of Mid-Atlantic Natural Areas.

Credits

Added by Acts 2011, c. 142, § 1, eff. Oct. 1, 2011. Amended by Acts 2022, c. 551, § 1, eff. Oct. 1, 2022; Acts 2022, c. 552, § 1, eff. Oct. 1, 2022.
MD Code, Agriculture, § 9.5-301, MD AGRIC § 9.5-301
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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