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§ 9.5-303. Seizure and disposal of invasive plants by Secretary

West's Annotated Code of MarylandAgricultureEffective: October 1, 2011

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, 2011
MD Code, Agriculture, § 9.5-303
§ 9.5-303. Seizure and disposal of invasive plants by Secretary
Enforcement actions
(a) On finding a tier 1 plant in violation of § 9.5-302(a)(2) of this subtitle, the Secretary may:
(1) Issue a written condemnation seizure order;
(2) Mark or tag the plant in a conspicuous manner; and
(3) Provide written notice to the owner, tenant, or person in charge of the premises.
Disposal
(b)(1) On notice from the Secretary, a person shall dispose of a tier 1 plant in accordance with regulations adopted by the Secretary.
(2) If a tier 1 plant is not disposed of in accordance with paragraph (1) of this subsection, the Secretary shall:
(i) Destroy the plant;
(ii) Prepare a statement of facts and a statement of the expense of destruction; and
(iii) Provide copies of the statements to the Attorney General.
Expenses
(c)(1) The Attorney General shall institute the appropriate proceeding to collect the expenses due to the Secretary.
(2) A copy of the statements prepared under subsection (b)(2) of this section is sufficient evidence to prove a claim under this subsection.

Credits

Added by Acts 2011, c. 142, § 1, eff. Oct. 1, 2011.
MD Code, Agriculture, § 9.5-303, MD AGRIC § 9.5-303
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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