A. The Secretary may issue administrative orders to enforce the provisions of this chapter and Agriculture Article, Title 9.5 (Invasive Plants Prevention and Control), Annotated Code of Maryland, as follows:
- (1) Order any person to cease propagating, importing, transferring, selling, purchasing, transporting, or introducing any living part of a prohibited invasive plant in the State;
- (2) Order the condemnation and seizure of any prohibited invasive plant owned or possessed by any person who violates Agriculture Article, §9.5-302(b), Annotated Code of Maryland;
- (3) Order the marking or tagging in a conspicuous manner of a prohibited invasive plant owned or controlled by any person subject to an order of the Secretary under this chapter;
- (4) Order any person, on notice from the Secretary, to dispose of any prohibited invasive plant that is held in violation of this chapter or in violation of Agriculture Article, Title 9.5, Annotated Code of Maryland, in a manner that renders all plant parts nonviable, or allow a person to return a prohibited invasive plant to the out-of-State supplier of the plant, as approved in advance by the Secretary;
- (5) Order a person to make any prohibited invasive plant available to the Secretary for destruction if the person has failed to dispose of the prohibited invasive plant as ordered by the Secretary and require that person to pay any destruction cost;
- (6) Order a person to take any action that the Secretary considers necessary to enforce the requirements of Agriculture Article, Title 9.5, Annotated Code of Maryland.
- B. A person who violates any order issued by the Secretary is subject to a civil penalty not to exceed $500 for each violation.
Authority: Agriculture Article, §§2-103(b) and 9.5-301, Annotated Code of Maryland
53:3 25-186-E (Regulations .01 — .06) EMERGENCY ACTION IN EFFECT 1/15/2026 — 7/14/2026
Effective date: January 21, 2013 (40:1 Md. R. 21)
Chapter revised effective April 11, 2016 (43:7 Md. R. 452)
Regulation .01 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120)
Regulation .02B amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120)
Regulation .03 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120)
Regulation .04A, C, D amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120)
Regulation .05A amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120)
Regulation .06 amended effective February 13, 2017 (44:3 Md. R. 189)
Regulation .06 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120)
Regulation .06A, C amended effective April 23, 2018 (45:8 Md. R. 422)
Regulation .06C amended effective March 23, 2020 (47:6 Md. R. 342)
Regulation .07 repealed as an emergency provision effective January 15, 2026 (53:3 Md. R. 120)