1450

LAWS OF MARYLAND

[Ch. 298

ESTABLISHED BY THE DEPARTMENT REGARDING FREEDOM FROM
PLANT PESTS AND UPON PAYMENT OF A FEE OF $20. [[ ALL FEES
COLLECTED SHALL BE PLACED IN THE PLANT PROTECTION FUND
AND USED TO DEFRAY PARTIALLY THE COST OF INSPECTING AND
CERTIFYING THE NURSERIES]] ALL FEES COLLECTED SHALL BE
PLACED IN THE PLANT PROTECTION FUND AND USED TO DEFRAY
PARTIALLY THE COST OF INSPECTING AND CERTIFYING THE
NURSERIES.

(C)    EACH BROKER OR DEALER SHALL COMPLY WITH THE
REGULATIONS ESTABLISHED BY THE DEPARTMENT AND SHALL PAY
AN ANNUAL LICENSE FEE OF $20. A FEE OF $1 PER ACRE (OR
PART OF AN ACRE) OF SALES AND/OR HOLDING YARD FOR NURSERY
STOCK UP TO A MAXIMUM FEE OF $500 SHALL BE PAID BY EACH
BROKER OR DEALER FOR EACH ANNUAL INSPECTION. [[ALL FEES
COLLECTED SHALL BE PLACED IN THE PLANT PROTECTION FUND
AND USED TO DEFRAY PARTIALLY THE COST OF INSPECTING AND
LICENSING THE BROKERS AND DEALERS]] ALL FEES COLLECTED
SHALL BE PLACED IN THE PLANT PROTECTION FUND AND USED TO
DEFRAY PARTIALLY THE COST OF INSPECTING AND LICENSING THE
BROKERS AND DEALERS.

(D)    THE SECRETARY MAY ISSUE A SPECIAL CERTIFICATE
OR TAG FOR PLANTS THAT ARE CERTIFIED BY THE DEPARTMENT TO
BE APPARENTLY FREE OF INJURIOUS VIRUSES, AND/OR OTHER
DISEASES, OR PLANTS THAT CONFORM TO ESTABLISHED STANDARDS
OF STRAIN PURITY. A FEE SHALL BE CHARGED FOR EACH
SPECIAL CERTIFICATE OR TAG ISSUED. THIS FEE SHALL BE ONE
PERCENT OF THE GROSS SALES PRICE OF THE PLANTS COVERED BY
BACH SPECIAL CERTIFICATE OR TAG. THE DEPARTMENT [[MAY]]
SHALL GIVE CREDIT TOWARD THE ONE PERCENT FEE FOR FUNDS
CONTRIBUTED OR PAID TO ANOTHER AGENCY OR INSTITUTION, BY
PLANT PRODUCERS. IN SUPPORT OF ANY PHASE OF THE VIRUS
INDEXING PROGRAM. [[ALL FEES COLLECTED SHALL BE PLACED
IN THE PLANT PROTECTION FUND AND USED TO DEFRAY PARTIALLY
THE COST OF VIRUS INDEXING, INSPECTION, AND ANALYSIS OF
PLANTS CERTIFIED OR TAGGED.]] ALL FEES COLLECTED SHALL BE
PLACED IN THE PLANT PROTECTION FUND AND USED TO DEFRAY
PARTIALLY THE COST OF VIRUS INDEXING, INSPECTION, AND
ANALYSIS OF PLANTS CERTIFIED OR TAGGED.

[(c)] (E) If dangerously injurious [insects, other
animal pests, or plant diseases] PLANT PESTS are found in
any nursery, orchard, or any premises where nursery stock
is grown OR HELD FOR SALE, the Secretary shall [destroy
or treat the portion of the nursery stock he deems
necessary] ORDER IT TREATED OR DESTROYED BY THE
NURSERYMAN OR DEALER. He shall release all other nursery
stock grown on the premises, and issue a certificate of
inspection to the owner. If the [Secretary destroys any
infested or infected nursery stock,] NURSERYMAN OR DEALER
FAILS TO COMPLY WITH THE ORDER, THE SECRETARY SHALL
SEIZE, DESTROY, AND/OR TREAT THE INFESTED OR INFECTED
NURSERY STOCK AND the owner shall pay the [cost] COSTS.