1446

LAWS OF MARYLAND

[Ch. 298

[(c)] (D) "Nursery stock" means (1) all trees,
shrubs, and woody vines, whether cultivated, native, or
wild, and all viable parts of the plants; (2) any other
plant included by the Secretary, if he considers control
of its movement necessary to control any dangerously
injurious [insect, other animal pest, or plant disease]
PLANT PEST; and (3) woody plants, whether greenhouse or
field grown, if for outside planting, except florists' or
greenhouse plants for inside culture or use, unless the
Secretary declares otherwise.

(E) "NURSERY" MEANS ANY PLACE WHERE NURSERY STOCK
IS PRODUCED FOR SALE [[OF]] OR DISTRIBUTION.

[(d)] [[(E)]] (F) "Nurseryman" means any person
engaged in the production of nursery stock for sale or
distribution.

[[(F)]] (G) "PLANT PEST" MEANS ANY INSECT, SNAIL,
NEMATODE, FUNGUS, VIRUS, BACTERIA, WEED, OR ANY OTHER
FORM OF TERRESTRIAL OR AQUATIC PLANT [[OR ANIMAL LIFE]]
OR MICROORGANISMS (EXCEPT VIRUSES, BACTERIA, OR OTHER
MICROORGANISMS ON OR IN LIVING MAN OR ANOTHER LIVING
ANIMAL) WHICH IS NORMALLY CONSIDERED TO BE A PLANT PEST
OR WHICH THE SECRETARY DECLARES TO BE A PEST.

5-302.

(A)    The Secretary at least once a year shall
determine by inspection the health and general condition
of the horticultural and agricultural interests in each
county of the State.

(B)    THE SECRETARY SHALL ADOPT RULES AND
REGULATIONS GOVERNING THE CERTIFICATION OF NURSERIES AND
THE LICENSING OF DEALERS AND BROKERS, DEVELOP A SYSTEM
FOR ESTABLISHING PLANT STANDARDS, INCLUDING PEST FREE
STOCK, AND DEVELOP A PROGRAM FOR PREVENTING THE SALE OR
DISTRIBUTION OF PLANTS THAT MAY BE INFESTED OF INFECTED
WITH DANGEROUSLY INJURIOUS PESTS.

[[(C) ALL FEES COLLECTED UNDER THE PROVISIONS OF
THIS SUBTITLE SHALL BE PLACED IN A FUND, KNOWN AS THE
"PLANT PROTECTION FUND" AND USED TO PARTIALLY DEFRAY THE
EXPENSES OF ADMINISTERING THIS SUBTITLE. UP TO $30,000
MAY BE PERMITTED TO ACCRUE IN THIS FUND AND ANY
UNEXPENDED FUNDS ABOVE THIS AMOUNT SHALL REVERT TO THE
GENERAL FUNDS OF THE STATE AT THE END OF THE FISCAL
YEAR.]]

(C)    ALL FEES COLLECTED UNDER THE PROVISIONS OF
THIS SUBTITLE SHALL BE PLACED IN A FUND KNOWN AS THE
"PLANT PROTECTION FUND" AND USED TO PARTIALLY DEFRAY THE
EXPENSE OF ADMINISTERING THIS SUBTITLE. ANY UNEXPENDED