Agriculture – Noxious Weeds – Palmer Amaranth

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0949*

HOUSE BILL 949
M4 6lr3424
CF 6lr3423
By: Talbot County Delegation
Introduced and read first time: February 5, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Agriculture – Noxious Weeds – Palmer Amaranth 2

FOR the purpose of requiring the Department of Agriculture to issue a certain order to a 3
certain owner of land to eradicate Palmer amaranth under certain circumstances; 4
requiring the Department to inspect certain land at a certain frequency under 5
certain c ircumstances; and generally relating to noxious weeds and Palmer 6
amaranth. 7

BY repealing and reenacting, with amendments, 8
Article – Agriculture 9
Section 9–404 and 9–406 10
Annotated Code of Maryland 11
(2016 Replacement Volume and 2025 Supplement) 12

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14

Article – Agriculture 15

9–404. 16

(a) No person may: 17

(1) Import or transport a noxious weed in the State in any form capable of 18
growth; or 19

(2) Contaminate any uninfested land with a noxious weed through the 20
movement of rootstocks, seed, soil, mulch, nursery stock, farm machinery, or any other 21
artificial medium. 22

2 HOUSE BILL 949

(b) [Each] SUBJECT TO SUBSECTION (C) OF THIS SECTION, EACH landowner, 1
including a landowner of public land, or person who possesses and manages land infested 2
with a noxious weed shall eradicate or control the noxious weed on that land by using 3
practices that the Secretary prescribes, including mowing, cultivating, or treating with an 4
approved herbicide. 5

(C) (1) IN THIS SUBSECTION , “PALMER AMARANTH” MEANS THE PLANT 6
SPECIES PALMER AMARANTH (AMARANTHUS PALMERI ) THAT IS LISTED AS A 7
NOXIOUS WEED IN REGULATIONS ADOPTED BY THE DEPARTMENT. 8

(2) (I) IF, BASED ON AN INSPECTI ON BY THE DEPARTMENT, THE 9
DEPARTMENT FINDS PALMER AMARANTH ON LA ND, THE DEPARTMENT SHALL 10
ISSUE AN ORDER TO ER ADICATE THE PALMER AMARANTH TO TH E PERSON THAT 11
OWNS THE LAND. 12

(II) AN ORDER ISSUED UNDER SUBPARAGRAPH (I) OF THIS 13
PARAGRAPH SHALL REQUIRE THE PALMER AMARANTH TO BE ERADICATED WITHIN 14
2 WEEKS AFTER THE ORDER WAS ISSUED. 15

(III) IF THE DEPARTMENT ISSUES AN ORDER UNDER 16
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE DEPARTMENT SHALL INSP ECT THE 17
LAND THAT IS SUBJECT TO THE ORDER EVERY 2 WEEKS UNTIL THE DEPARTMENT 18
DETERMINES THAT THE PALMER AMARANTH HAS BEEN ERADICATED. 19

9–406. 20

(a) Except as provided in [subsection (b) ] SUBSECTIONS (B) AND (C) of this 21
section, a person who violates this subtitle is subject to the penalties and fines set forth in 22
Title 12 of this article. 23

(b) [(1)] Instead of pursuing the penalties and fines set forth in Title 12 of this 24
article, the Secretary may impose on any person who violates this subtitle a penalty of: 25

[(i)] (1) For a first violation, not more than $500; 26

[(ii)] (2) For a second violation, not more than $1,000; or 27

[(iii)] (3) For a third or subsequent violation, not more than $2,000. 28

(C) A PERSON WHO IS IN VIO LATION OF AN ORDER I SSUED UNDER § 29
9–404(C)(2) OF THIS SUBTITLE IS SUBJECT TO AN ADMINISTRATIVE PENALTY OF: 30

(1) FOR A FIRST VIOLATION, $500; 31

(2) FOR A SECOND VIOLATION, $1,000; OR 32
HOUSE BILL 949 3

(3) FOR A THIRD OR SUBSEQUENT VIOLATION, $2,000. 1

[(2)] (D) Penalties collected under [this subsection ] SUBSECTIONS (B) 2
AND (C) OF THIS SECTION shall be distributed to a special fund, to be used only for the 3
control and eradication of a noxious weed. 4

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2026. 6