2013 Maryland Code
AGRICULTURE
§ 9.5-301 - Duties of Secretary

§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.