1136

LAWS OF MARYLAND

Ch. 37

FOR the purpose of redefining certain terms; repealing a certain
date for certain reports to the Governor; altering certain
license and inspection fees for nursery stock; exempting
Federal, State, and local public agencies from these fees;
making stylistic changes; and generally relating to the
control of plant pests.

BY repealing and reenacting, with amendments,

Article - Agriculture

Section 5-301, 5-303, and 5-309

Annotated Code of Maryland

(1974 Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Agriculture

5-301.

(a) In this subtitle the following words have the meanings
indicated.

(b)  "Broker" means any person, who solicits, takes orders,
sells or distributes nursery stock in the State other than a
nurseryman or dealer.

(c) (1) "Dealer" means any person, except a nurseryman or
broker, who buys, collects, or otherwise acquires wild plants or
nursery stock for the purpose of selling, PLANTING or
distributing them.

(2) "DEALER" DOES NOT INCLUDE A PERSON WHO ACQUIRES
PLANTS FOR PERSONAL USE.

(d)  "Nursery stock" means (1) [all trees, shrubs, and woody
vines,] ANY HARDY PLANT OR PLANT THAT SURVIVES MARYLAND WINTERS,
INCLUDING A DECIDUOUS OR , EVERGREEN , OR HEREBACEOUS TREE,
SHRUB, AND OR WOODY VINE whether cultivated, native, or wild, and
all viable parts of the [plants] PLANT; (2) [any other plant
included by the Secretary, if he considers control of its
movement necessary to control any dangerously injurious 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]
ANY NONHARDY PLANT OR PLANT PART TO BE DISTRIBUTED IN ANOTHER
STATE THAT REQUIRES PLANT INSPECTION AND CERTIFICATION BEFORE
ENTERING THAT STATE; AND (3) ANY OTHER PLANT INCLUDED BY THE
SECRETARY, IF REGULATING ITS MOVEMENT IS NECESSARY TO CONTROL ANY
DANGEROUSLY INJURIOUS PLANT PEST.

(e)  "Nursery" means any place where nursery stock is
produced for sale or distribution.