MARVIN MANDEL, Governor                                 1601

SEC. 5-310. SHIPPING NURSERY STOCK INTO THE STATE.
(A) LABELING REQUIREMENTS.

IF ANY NURSERY STOCK IS SHIPPED INTO THE STATE
FROM ANY OTHER STATE TO ANY NURSERYMAN, BROKER,
DEALER, AGENT, OR OTHER PERSON IN THE STATE, EVERY
CARLOAD, BALE, BOX OR PACKAGE SHALL BE PLAINLY LABELED
ON THE OUTSIDE WITH (1) THE NAME OF THE CONSIGNOR, (2)
THE NAME OF THE CONSIGNEE, AND (3) A CERTIFICATE
SHOWING THAT THE CONTENTS HAVE BEEN INSPECTED BY A
QUALIFIED STATE OR GOVERNMENT OFFICER, AND THAT THE
NURSERY STOCK IS APPARENTLY FREE FROM ANY DANGEROUSLY
INJURIOUS INSECT, OTHER ANIMAL PEST, OR PLANT DISEASE.

(E) DUTIES OF RECIPIENT.

IF ANY NURSERY STOCK IS SHIPPED INTO THE STATE
FROM ANY OTHER STATE WITHOUT A CERTIFICATE PLAINLY
FIXED ON THE OUTSIDE OF EACH CARLOAD, BOX, BALE, OR
PACKAGE, THE AGENT OF THE PERSON RECEIVING IT MAY NOT
DELIVER THE NURSERY STOCK TO THE CONSIGNEE OR AGENT
REPRESENTING THE CONSIGNOR. THE AGENT OF THE
RECIPIENT SHALL NOTIFY THE SECRETARY.

(C) SEIZURE AND CONDEMNATION.

THE SECRETARY IMMEDIATELY SHALL REQUEST ANY
DISTRICT COURT TO ISSUE A SUMMONS ORDERING THE
CONSIGNEE, CONSIGNOR, OR THEIR AGENTS TO APPEAR BEFORE
IT ON A CERTAIN DAY NAMED IN THE SUMMONS TO SHOW WHY
THE NURSERY STOCK SHOULD NOT BE SEIZED FOR VIOLATING
THE PROVISIONS OF THIS SUBTITLE. IF THE COURT IS
SATISFIED THAT THE PROVISIONS OF THIS SUBTITLE HAVE
BEEN VIOLATED, IT SHALL ORDER THE CONSIGNEE OR HIS
AGENT TO RETURN THE CARLOAD, BOX, BALE, OR PACKAGE OF
NURSERY STOCK IMMEDIATELY TO THE CONSIGNOR, UNLESS THE
CONSIGNEE OR AGENT OF THE CONSIGNOR AT HIS EXPENSE HAS
THE NURSERY STOCK EXAMINED AND CERTIFIED BY THE
SECRETARY- IF THE AGENT OR CONSIGNEE FAILS TO HAVE
THE NURSERY STOCK EXAMINED BY THE SECRETARY OR FAILS
TO RETURN THE CARLOAD, BOX, BALE OR PACKAGE, THEN THE
COURT SHALL ORDER THE CONSTABLE, SHERIFF, OR ANY LAW
ENFORCEMENT OFFICER TO BURN AND DESTROY ANY NURSERY
STOCK SHIPPED INTO THE STATE IN VIOLATION OF THIS
SUBTITLE.

REVISOR'S NOTE: This section presently appears as
Art. 48, §82 of the Code. In subsection (a) ,
the present reference to "territory or the
District of Columbia" is proposed for