Agriculture - Section 9.5-301


Published: 2021

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Article - Agriculture



§9.5–301.

    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.