(a) (1) This subsection does not apply to the transfer, lease, sale, or purchase of real property on which an invasive plant is located.
(2) Except as provided in paragraph (3) of this subsection and in accordance with regulations adopted by the Secretary, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a tier 1 invasive plant in the State.
(3) A person may conduct an activity prohibited under paragraph (2) of this subsection if:
(i) The person receives approval from the Secretary before conducting the activity; and
(ii) The activity is for the purpose of:
1. Disposing of the invasive plant;
2. Controlling the invasive plant;
3. Using the invasive plant for research or educational purposes; or
4. Exporting the invasive plant out of the State.
(b) In accordance with regulations adopted by the Secretary, a person may not:
(1) Sell or offer for sale at a retail outlet a tier 2 invasive plant unless the retail outlet posts in a conspicuous manner in proximity to all tier 2 plant displays, a sign identifying the plants as tier 2 plants; or
(2) Provide landscaping services to plant or supply for planting a tier 2 invasive plant unless the person provides to its customer a list of tier 2 invasive plants.
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