MARVIN MANDEL, Governor

1451

If the owner refuses to pay the cost, it shall be
collected as prescribed in § 5—307.

5-310.

(a)    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] PLANT PESTS.

(b)    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)    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 exmained and
certified by the Secretary. If the agent or consignee
fails to have the nursery stock examined AND CERTIFIED
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.

5-311.

(a)        No nurseryman, broker, [agent,] dealer, or
other person may sell, [sell,] ship, send [out], donate
by mail, express, freight, or otherwise DISTRIBUTE,
nursery stock from any nursery[[,]] OR orchard, for
premises where nursery stock is grown] unless it is
accompanied by a copy of the department certificate
printed on a tag or label that is not easily destroyed.

(b) The tag or label shall be firmly attached in a