HARRY HUGHES, Governor

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(f)  "Nurseryman" means any person engaged in the production
of nursery stock for sale or distribution.

(g)  "Plant pest" means any insect, snail, nematode, fungus,
virus, bacteria, weed, or any other form of terrestrial or
aquatic plant 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.

5-303.

The Secretary shall submit annually[, by February 1,] a
written report of his inspections and investigations to the
Governor and, subject to § 2-1312 of the State Government
Article, make the report available to the General Assembly.

5-309.

(a)  At least once [every] EACH year the Secretary shall
inspect [all nurseries] EACH NURSERY in the State to determine if
the nursery stock is infested or infected with dangerously
injurious plant pests. [A fee of $1 per acre (or part of an acre)
in production of nursery stock up to a maximum fee of $500 shall
be paid by each nursery for each annual inspection.] EACH NURSERY
SHALL PAY THE SECRETARY AN INSPECTION FEE BASED UPON THE NUMBER
OF ACRES IN PRODUCTION: 1 ACRE OR LESS, $5; MORE THAN 1 ACRE TO 5
ACRES, $10; MORE THAN 5 ACRES TO 10 ACRES, $20; MORE THAN 10
ACRES, $2 FOR EACH ACRE, OR PART OF ANY ACRE, UP TO A MAXIMUM OF
$1,000. All fees collected shall be placed in the Plant
Protection Fund and used to defray partially the cost of
inspecting the nurseries.

(b)  Each nursery shall be certified annually by the
Secretary if it meets standards established by the Department
regarding freedom from plant pests and upon payment of a fee of
[$20] $40. 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] $40. [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.] THE SECRETARY SHALL MAY INSPECT ANNUALLY THE NURSERY
STOCK IN A SALES OR HOLDING YARD OF A BROKER OR DEALER. EACH
BROKER OR DEALER SHALL PAY THE SECRETARY AN INSPECTION FEE AS
PROVIDED IN § 5-309(A) SUBSECTION (A) OF THIS SECTION. 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.