reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Agriculture › Title 3 - Regulation of Livestock and Poultry › Subtitle 9 - Transporting Horses › Section 3-902 - Requirements

(a)    A person may not transport a horse in a vehicle that is not designed and constructed in a manner that at all times protects the health and well-being of the horse being transported.
(b)    To meet the requirements of subsection (a) of this section, at a minimum, a vehicle used to transport a horse shall:
(1)    Be limited to one level throughout the vehicle where animals are confined;
(2)    Have an interior height sufficient to allow each horse being transported to stand with its head extended to the fullest normal upright position without making contact with the roof or an overhead structure;
(3)    Have doorway heights and widths that allow a horse to pass through without touching the sides of the openings;
(4)    Be equipped with ramps if the vertical distance from the floor to the compartment containing the horse is greater than 15 inches;
(5)    If the vehicle is equipped with ramps that sit at greater than a 25 degree angle, have ramps equipped with antiskid flooring and rails; and
(6)    Contain adequate space to ensure that no horse is crowded in a way that is likely to cause injury.
2023 Maryland Statutes › Agriculture › Title 3 - Regulation of Livestock and Poultry › Subtitle 9 - Transporting Horses › Section 3-903 - Civil Penalties

Instead of any other penalty authorized under this article, a person who violates this subtitle is subject to a civil penalty of:
(1)    For a first violation, $500 for each horse being transported; and
(2)    For a second or subsequent violation, $1,000 for each horse being transported.
2023 Maryland Statutes › Agriculture › Title 3 - Regulation of Livestock and Poultry › Subtitle 10 - Use of Antimicrobial Drugs › Section 3-1002 - Applicability

Except as otherwise provided in federal law or regulation, this subtitle does not apply to antimicrobial use in:
(1)    Cattle on a farm operation that sells fewer than 200 cattle per year;
(2)    Dairy cattle on a farm operation with a herd size of fewer than 300 dairy cattle;
(3)    Swine on a farm operation that sells fewer than 200 swine per year; or
(4)    Poultry on a farm operation that sells fewer than 60,000 birds per year.
2023 Maryland Statutes › Agriculture › Title 3 - Regulation of Livestock and Poultry › Subtitle 10 - Use of Antimicrobial Drugs › Section 3-1003 - Administration of Important Antimicrobial Drug -- When Permitted; Limitations

(a)    A medically important antimicrobial drug may not be administered in feed or water to cattle, swine, or poultry unless ordered by a licensed veterinarian through:
(1)    A medically important antimicrobial drug prescription; or
(2)    A veterinary feed directive.
(b)    (1)    On or after January 1, 2018, and subject to subsection (c) of this section, a medically important antimicrobial drug may be administered to cattle, swine, or poultry if, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is necessary:
(i)    To treat a disease or infection;
(ii)    To control the spread of a disease or infection; or
(iii)    For a surgery or medical procedure.
(2)    (i)    On or after January 1, 2018, a medically important antimicrobial drug may be administered to cattle, swine, or poultry if, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is necessary for prophylaxis to address an elevated risk of contraction of a particular disease or infection.
(ii)    Notwithstanding subsection (e) of this section, administration of a medically important antimicrobial drug for the purpose of prophylaxis may not exceed 21 days unless federal label directions require a longer period of use.
(c)    Unless administration of a medically important antimicrobial drug is consistent with subsection (b)(1) of this section, a medically important antimicrobial drug may not be administered in a regular pattern to cattle, swine, or poultry.
(d)    A medically important antimicrobial drug may not be administered to cattle, swine, or poultry solely for the purpose of:
(1)    Promoting weight gain; or
(2)    Improving feed efficiency.
(e)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, a medically important antimicrobial drug may not be administered to cattle, swine, or poultry for a period longer than 21 days.
(2)    A medically important antimicrobial drug may be administered to cattle, swine, or poultry for a period longer than 21 days if the federal label directions for the drug require a longer period of use.
(3)    (i)    A licensed veterinarian may extend administration of a medically important antimicrobial drug for not more than 21 days if, after conducting an on–site visit, the veterinarian determines that the extension is necessary to treat or control the spread of disease or infection.
(ii)    A licensed veterinarian may grant additional extensions of not more than 21 days, provided that the veterinarian conducts an on–site visit before each extension.
(f)    On or before January 1, 2021, the Department shall adopt regulations prohibiting the routine administration of a medically important antimicrobial drug to dairy cattle entering a dry cycle except when necessary based on an assessment of the presence of an intramammary infection.
2023 Maryland Statutes › Agriculture › Title 3 - Regulation of Livestock and Poultry › Subtitle 10 - Use of Antimicrobial Drugs › Section 3-1004 - Reports

(a)    Each year the Department shall collect publicly available data on the use in the State of medically important antimicrobial drugs in cattle, swine, and poultry from:
(1)    The U.S. Department of Agriculture;
(2)    The Centers for Disease Control and Prevention;
(3)    The U.S. Food and Drug Administration; and
(4)    Appropriate national and State trade associations, organizations, and councils.
(b)    On or before February 1, 2021, and each February 1 thereafter, a licensed veterinarian shall submit to the Department, in a manner determined by the Department:
(1)    A copy of the record prescribing the medically important antimicrobial drug or a copy of the veterinary feed directive for each medically important antimicrobial drug, as listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, administered in feed or water to cattle, swine, or poultry during the previous calendar year; and
(2)    An accounting, as provided by the owner, of the total number of animals raised during the previous calendar year, categorized by species and production class.
(c)    (1)    On or before February 1, 2020, and each February 1 thereafter, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the data collected under subsections (a) and (b) of this section.
(2)    On or before February 1, 2021, the report shall include the following information for the previous calendar year:
(i)    The total number of animals raised on farm operations covered by this subtitle, categorized by species and production class;
(ii)    The specific antimicrobial active ingredients and classes of antimicrobial active ingredients used;
(iii)    The total weight of antimicrobial active ingredients used;
(iv)    Indications for which veterinarians prescribed medically important antimicrobial drugs; and
(v)    Patterns of use for medically important antimicrobial drugs, including duration and seasonal variation.
(3)    (i)    Subject to subparagraph (ii) of this paragraph, the information required under paragraph (2) of this subsection shall be disaggregated by county.
(ii)    If there are two or fewer reporting farm operations in a particular county for any of the categories described in paragraph (2) of this subsection, the Department may report the information for that category on a regional or statewide basis.
(d)    The Department shall maintain all records and information relating to the administration of medically important antimicrobial drugs submitted to the Department under this section:
(1)    In a manner that protects the identity of the owner, operator, and veterinarian for whom the information was submitted; and
(2)    For at least 5 years.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-102 - Declaration of Policy; Federal Matching Funds

(a)    Meat, meat by-products, and meat food products are an important source of the supply of human food in the State and legislation assuring these food supplies are not adulterated or misbranded is in the public interest. Therefore, it is the policy of the State to provide, at certain establishments, for the inspection of slaughtered livestock, carcasses, parts of them, meat and meat food products prepared for human food and to impose other requirements to prevent the distribution in intrastate commerce of livestock carcasses, parts of them, meat and meat food products which are adulterated or misbranded and are capable of use as human food.
(b)    The Secretary may accept from the United States Secretary of Agriculture (i) advisory assistance planning and otherwise developing the State program; and (ii) technical and financial and other aid for administration of the program. The Secretary may spend public funds of the State, appropriated for administration of this subtitle, to pay the share of the estimated total cost of the cooperative program as may be agreed upon by the Secretary and the United States Secretary of Agriculture. It is the intent of the General Assembly that, whenever possible, all State expenses incurred pursuant to the provisions of this subtitle shall be matched by the federal government on an equal or greater basis.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-103 - Applicability of Subtitle

This subtitle does not apply to any act or transaction subject to exclusive regulation under the Federal Meat Inspection Act. This subtitle does not affect game mammals or wild birds or the slaughtering or inspection of them.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-104 - Cooperation With Other Governmental Units

To carry out the provisions of this subtitle or the Federal Meat Inspection Act, the Secretary may cooperate with the federal government, including acceptance of federal financial, training, and other assistance. The Secretary may cooperate with any other federal, State, or local unit having responsibilities with respect to matters relating to human or animal health.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-106 - Administration

The Secretary may enforce the provisions of this subtitle through meat inspectors, agents, and other employees designated or appointed consistently with the provisions of this subtitle. Except as provided in § 4-104 of this subtitle or otherwise by law, all inspectors shall be employed in accordance with the provision of the State Personnel Management System.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-108 - Required Inspections; Condemnation

(a)    In each official establishment, the Secretary may perform the following acts:
(1)    Antemortem inspection;
(2)    Postmortem inspection; and
(3)    Quarantine, segregation, or reinspection.
(b)    Every livestock carcass, part of it, meat, or meat food product found by an inspector to be adulterated in any official establishment shall be retained for condemnation. If no appeal is taken from the determination of condemnation, the adulterated article shall be destroyed for human food purposes under the supervision of the inspector in the manner prescribed by the rules and regulations. However, any article which may be reprocessed so that it is not adulterated need not be condemned and destroyed if it is reprocessed under the supervision of an inspector and found to be not adulterated.
(c)    If an appeal to the Secretary is taken from a determination of condemnation, the article shall be marked appropriately and segregated pending completion of an appeal inspection. If the Secretary determines that the appeal is frivolous, the appellant shall bear any cost of the appeal inspection. If the determination of condemnation is sustained, every article shall be destroyed for human food purposes in accordance with this section.
(d)    Veterinary inspectors or inspectors supervised by veterinary inspectors shall conduct the inspections required by this section. For the purposes of this subsection, “veterinary inspector” means a veterinarian who has graduated from a college recognized by the American Veterinary Medical Association.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-109 - Exemptions From Inspection

(a)    The provisions of this subtitle requiring inspection of the slaughter of livestock and the preparation of the carcass, part of it, meat, or meat food product at any establishment conducting these operations do not apply to the following:
(1)    Slaughter by any person of livestock he raises, preparation by him and transportation in intrastate commerce of any carcass, part of it, or meat or meat food product of livestock, if used exclusively by the owner, his household, or any nonpaying guest or employee;
(2)    Custom slaughter or custom processing by any person of cattle, sheep, swine, or goats delivered by the owner for slaughter or custom processing if used exclusively by the owner, his household, nonpaying guests, or employees, and the meat food product of livestock is plainly marked “not for sale”;
(3)    Any operation traditionally and usually conducted at a retail store and restaurant when conducted at the retail store, restaurant, or retail-type establishment for sale in normal retail quantities or for service of the articles to consumers at the establishment;
(4)    Any individual or service or charitable organization that kills, dresses, and sells fresh beef, pork, or lamb within 24 hours on his or its property if a veterinary antemortem and postmortem inspection certificate is issued for each animal slaughtered; and
(5)    Slaughter by any person of livestock or preparation of any livestock carcass, part of it, meat, or meat food product that is not intended for use as human food if any article not naturally inedible by humans is denatured or otherwise identified to deter its use as human food pursuant to the departmental rules and regulations.
(b)    The slaughter of animals and preparation of articles referred to in paragraph (a)(2) of this section, shall be conducted under sanitary conditions the Secretary adopts by rule or regulation.
(c)    The adulteration and misbranding provisions of this subtitle, other than the requirement of the inspection legend, apply to any article which is not required to be inspected under this section.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-110 - Payment of Cost of Inspection

The State shall bear the cost of inspection rendered under this subtitle, except as provided in § 4–104 of this subtitle. However, each establishment subject to this subtitle shall pay the cost of overtime and holiday inspection work at rates the Secretary determines. Sums received by the Secretary in reimbursement of sums paid out for premium pay work shall be available without fiscal year limitations to carry out the purposes of this subtitle.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-111 - Slaughterhouse Premises, Facilities, and Sanitary Practices

Each official establishment shall have the premises, facilities, and equipment required by departmental rule or regulation. In addition, each official establishment shall be operated in accordance with sanitary practices required by the departmental rules and regulations.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-112 - Labeling, Marking, and Container

(a)    Every livestock carcass, part of it, or meat food product inspected at an official establishment and found to be not adulterated shall be labeled to comply with the requirements of § 4–101(p) of this subtitle and the departmental rules and regulations in distinctly legible form directly on the article or its container when it leaves the establishment.
(b)    The Secretary may prescribe: (1) the styles and sizes of type to be used in marking and labeling any article subject to this subtitle; and (2) the definitions and standards of identity or composition and fill of container for any article subject to this subtitle.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-113 - Entry of Article Into Inspected Establishments

(a)    No livestock carcass, part of it, meat, or meat food product may be admitted into any official establishment unless it has been prepared only under inspection pursuant to this subtitle or the Federal Meat Inspection Act or imported in compliance with the federal act.
(b)    The Secretary by rule or regulation may prescribe the conditions under which any carcass, part of it, any meat food product, meat, wildlife, and any other material is allowed to enter any official establishment to assure that these articles enter inspected establishments pursuant to the provisions of this subtitle.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-114 - Separate Establishments for Equine Carcasses

The Secretary, by rule or regulation, may require an equine or its carcass to be prepared in an establishment separate from an establishment where cattle, sheep, swine, or goats, their carcasses, parts of them, meat, or their meat food products are prepared.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-115 - False or Misleading Name, Marking, or Labeling; Misleading Container

(a)    No person may sell, offer for sale, or donate in intrastate commerce any article, subject to this subtitle, under any false or misleading name, other marking, or labeling or in any container of a misleading form or size. In addition to any other provision of this subsection, established trade names approved by the Secretary are permitted.
(b)    If the Secretary believes that any marking, labeling, or size, or form of any container, in use or proposed for use with respect to any article subject to this subtitle, is false or misleading in any particular, he may direct that the use be withheld unless the marking, labeling, or container is modified in a manner as may be prescribed so that it is not false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the Secretary, he may request a hearing before the Secretary. The Secretary may withhold use of the marking, labeling, or container pending hearing and final determination by the Secretary. The determination of the Secretary is conclusive unless, within 30 days after receipt of notice of the final determination, the person adversely affected appeals in accordance with the procedures of the Administrative Procedure Act.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-116 - Products Prepared Without Supervision of Inspector

Any carcass, part of it, meat, or meat food product which is prepared, wholly or partially, in any official establishment, without supervision of an inspector as required by the Secretary, shall be handled or disposed of as the rules and regulations prescribe.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-117 - Refusal or Withdrawal of Inspection

(a)    For the purposes of this section, a person is responsibly connected with a business if he is a partner, officer, director, holder or owner of at least 10 percent of its voting stock, or an employee in a managerial or executive capacity in the business.
(b)    After an applicant for or recipient of inspection services is accorded an opportunity for a hearing, the Secretary may refuse or withdraw inspection services for any period of time for any establishment, if he determines that:
(1)    The applicant or recipient is unfit to engage in any business requiring inspection because:
(i)    The applicant or recipient, or in case the applicant or recipient is a partnership, any general partner, or in case the applicant or recipient is a corporation, any officer, director, holder, or owner of more than 10 percent of the voting stock, is or has been responsibly connected with any business or person who has committed any offense under this subtitle or has been convicted in any federal, State, or local court of any felony or of any violation of law designed to protect the public from unwholesome, adulterated, or misbranded food or from fraud, in connection with transactions in food; or
(ii)    The applicant or recipient, or any person, conducting a business with which the applicant or recipient was responsibly connected, had inspection services refused or withdrawn for a period which has not expired; or
(2)    The application for inspection contains a materially false or misleading statement made by the applicant or recipient, or its representative on its behalf, or any fact required by the application form has been concealed or withheld.
(c)    After notice to the operator of the establishment, the Secretary may refuse or withdraw inspection services for any establishment for any failure of the operator to (1) maintain the establishment premises and facilities in a sanitary condition, (2) destroy any condemned carcass, part of it, or meat food product as required, or (3) conduct operations at the establishment in accordance with the requirements of this subtitle. After the cause for refusal or withdrawal is corrected, refusal or withdrawal shall terminate and inspection service shall be provided as soon as possible. The Secretary may stay any order of refusal or withdrawal of services pending determination of an appeal to the board of review.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-118 - License Required; Fee

Subject to the exemptions of this subtitle, no person may engage in the business of slaughtering any livestock, or preparing or labeling any livestock carcass, or part of it, for use as human or animal food, or transporting, buying, or selling any dead, dying, disabled, or diseased livestock without obtaining an annual license. The Secretary shall issue the license for an annual license fee of $25.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-119 - Registration

(a)    A person shall register his name, the address of each place of business, and all trade names under which he conducts business, when required by the Secretary, if he engages in any of the following businesses relating to livestock:
(1)    Custom slaughterer, custom processor, meat broker, renderer, or animal food manufacturer;
(2)    Wholesaler of any livestock carcass, or part or product of it;
(3)    Public warehouseman storing any livestock carcass, or part or product of it;
(4)    Buyer, seller, or transporter of any dead, dying, disabled, or diseased livestock or any part of any carcass of livestock that died otherwise than by slaughter.
(b)    A person who is required to register under this section shall pay an annual registration fee of $25.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-120 - Records; Access to Premises; Samples

Every person subject to the requirements of this subtitle, whether or not required to be licensed, shall maintain records required by departmental rules and regulations. Each person, upon notification by the Secretary, shall afford the Secretary access to his place of business at any reasonable time; the opportunity to inspect the facilities, inventory, and records; and the opportunity to copy any record and take any reasonable sample of inventory upon payment of its fair market value. Any record required to be maintained by this section shall be maintained at least for the period of time the Secretary prescribes by rule or regulation.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-121 - Rules and Regulations Governing Storage and Handling of Carcasses, Meat, and Meat Food Products

To assure that articles are not adulterated or misbranded when delivered to the consumer, the Secretary, by rule or regulation, may prescribe the conditions under which any livestock carcass, any part of it, meat, or any meat food product capable of use as human food shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting these articles in or for intrastate commerce.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-122 - Sale, Purchase, or Transportation of Dead, Disabled, or Diseased Livestock

No person engaged in the business of buying, selling, or transporting, in intrastate commerce, any dead, dying, disabled, or diseased livestock or any part of the carcass of livestock, that died otherwise than by slaughter, may buy, sell, donate, transport, or offer or receive for sale or transportation, in intrastate commerce, the livestock or part of carcass, unless the transaction or transportation is made pursuant to the departmental rules and regulations.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-123.1 - Inhumane Slaughter of Livestock

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Humane method” means:
1.    A method by which livestock are rendered insensible to pain, by a single blow or gunshot, or by an electrical, chemical, or other rapid and effective means, before being shackled, hoisted, thrown, cast, or cut; or
2.    Ritual slaughter.
(ii)    “Humane method” does not include the use of a manually operated hammer, sledge, or poleax during a slaughtering operation.
(3)    (i)    “Livestock” means cattle, calves, sheep, swine, horses, mules, goats, or other animals that may be used in the preparation of a meat product.
(ii)    “Livestock” does not include poultry or other fowl.
(4)    “Packer” means a person who is engaged in the business of:
(i)    Slaughtering; or
(ii)    Manufacturing or preparing a meat or livestock product for sale.
(5)    “Ritual slaughter” means a method of slaughter by which livestock suffer loss of consciousness by anemia of the brain caused by simultaneous and instantaneous severance of the carotid arteries with a sharp instrument in accordance with ritual requirements of a religious faith.
(6)    “Slaughterer” means a person who is regularly engaged in the commercial slaughtering of livestock.
(7)    “Stockyard” means a facility, consisting of pens, other enclosures, and appurtenances, operated for compensation or profit as a public market to handle, keep, and hold livestock for sale or shipment.
(b)    It is the policy of the State to prevent inhumane methods of livestock slaughter at an official establishment.
(c)    This section may not be construed to:
(1)    Prohibit or limit the religious freedom of a person;
(2)    Apply to a farmer while slaughtering livestock of the farmer; or
(3)    Apply to ritual slaughter.
(d)    A slaughterer, packer, or stockyard operator may not, unless by a humane method:
(1)    Shackle, hoist, or otherwise bring livestock into position for slaughter; or
(2)    Bleed or slaughter livestock.
(e)    The Secretary shall inspect the handling of livestock in connection with slaughtering in an official establishment.
(f)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.
(2)    In addition to the penalty under paragraph (1) of this subsection, the Secretary may refuse to provide or may suspend temporarily inspection services for an establishment that violates this section with respect to the slaughter of livestock.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-124 - Detention of Carcass or Meat Food Product

(a)    The Secretary may detain for no more than 20 days any livestock carcass, part of, or meat food product; any product exempted from the definition of meat food product; or any dead, dying, disabled, or diseased livestock the Secretary finds on premises where it is held for distribution, or during or after distribution, if the article is capable of use as human food and there is reason to suspect that:
(1)    It is adulterated or misbranded;
(2)    The article has not been inspected pursuant to this subtitle or any other State or federal law; or
(3)    The article has been or is intended to be distributed in violation of this subtitle or any other State or federal law.
(b)    The article shall be detained pending condemnation proceedings or notification of any federal or other governmental authority having jurisdiction over the article. No person may remove any detained article until the Secretary releases it.
(c)    The Secretary may require all official marks to be removed from the article before it is released unless he decides the article is eligible to retain the marks.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-125 - Seizure and Condemnation of Carcass or Meat Food Product

(a)    Any livestock carcass, part of it, or meat food product of any dead, dying, disabled, or diseased livestock that is transported in intrastate commerce, or is held for sale or donation in the State after transportation, and that (1) is or has been prepared, sold, transported, or distributed, or offered or received for distribution, in violation of this subtitle, or (2) is capable of use as human food and is adulterated or misbranded, or (3) in any other way violates this subtitle, shall be liable to be proceeded against and seized and condemned on a libel of information in the circuit court of any county within whose jurisdiction the article is found.
(b)    Upon condemnation and entry of the decree, the article shall be destroyed or sold as the court directs and, if sold, the proceeds, less the court costs, fees, storage, and other proper expenses, shall be paid into the State Treasury. The article may not be sold contrary to the provisions of this subtitle or federal law.
(c)    Upon execution and delivery of a good and sufficient bond conditioned that the article may not be sold or otherwise disposed of contrary to this subtitle or federal law, the court may direct that the article be delivered to the owner subject to the supervision of the Secretary to insure compliance with this subtitle.
(d)    When a decree of condemnation is entered against the article and it is released under bond or destroyed, court cost, fees, storage and other proper expenses shall be awarded against the person intervening as claimant of the article.
(e)    The proceedings in libel cases shall conform to proceedings in admiralty to the extent possible. However, either party may demand a jury trial of any issue of fact joined in any case. All proceedings shall be at the suit of or in the name of the State.
(f)    This section does not derogate from authority for condemnation or seizure conferred by other provisions of this subtitle or other laws.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-126 - Oaths; Subpoenas; Privilege Against Self-Incrimination

The Secretary may administer oaths and affirmations, take depositions, and require by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation or the subject of any hearing. The circuit court of any county may compel obedience to any subpoena. After claiming a privilege against self-incrimination, no individual may be prosecuted or subjected to any penalty or forfeiture for any matter concerning which he may be compelled to testify or produce evidence in obedience to a Department subpoena, except for perjury committed in testifying.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-127 - Responsibility for Acts of Agent or Employee

Unless otherwise provided, when construing or enforcing any provision of this subtitle, every act, omission, or failure of any person acting within the scope of his employment or office and acting for or employed by another person is the act, omission, or failure of that person as well as of the person committing the act.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-128 - Report of Violations for Criminal Prosecution

Before the Secretary reports any violation of this subtitle to the State’s Attorney of the political subdivision in which the violation occurred for institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to the contemplated proceeding. This subtitle does not require the Secretary to report for criminal prosecution any violation of this subtitle if the public interest is served adequately and compliance with the subtitle can be obtained by a suitable written warning notice.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-129 - Injunctions; Proceedings to Be in Name of State

(a)    The circuit court of any county has jurisdiction to grant injunctive relief to enforce this subtitle or restrain violations of this subtitle.
(b)    Any proceeding to enforce this subtitle or restrain violations of this subtitle shall be by and in the name of the State.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 1 - Maryland Wholesome Meat Act › Section 4-130 - Penalty for Violation of 4-123

Notwithstanding any penalty provided by the provisions of this article, any person who violates the provisions of § 4–123 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to imprisonment not exceeding six months, or a fine not exceeding $3,000, or both. If the violation is committed after the first conviction becomes final, the person is subject to imprisonment not exceeding one year, or a fine not exceeding $5,000, or both. If the violation is committed after the second conviction becomes final, the person is subject to imprisonment not exceeding two years, or a fine not exceeding $10,000, or both. The court may impose costs in its discretion.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-202 - Legislative Declarations

Poultry and poultry products are an important source of the nation’s total food supply. It is in the public interest that the health and welfare of consumers be protected by assuring that slaughtered poultry and poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded poultry or poultry products are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry and poultry products, and result in sundry losses to producers and processors of poultry and poultry products, as well as injury to consumers. Unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with wholesome, not adulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally. Regulation by the Secretary and cooperation by the State and the United States are appropriate to protect the health and welfare of consumers.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-203 - Applicability of Subtitle

This subtitle applies to any person, establishment, poultry, poultry product, and any other article regulated under the federal Poultry Products Inspection Act only to the extent that it is consistent with the federal act. This subtitle does not apply to any act or transaction subject to exclusive regulation under the federal Poultry Products Inspection Act. This subtitle does not affect wild birds or game mammals or the slaughtering, cleaning, picking, processing, or inspection of them.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-204 - Cooperation With United States Secretary of Agriculture; Acceptance of Federal Assistance

(a)    The Secretary shall cooperate with the Secretary of Agriculture of the United States in developing and administering the State poultry products inspection program to assure that the State requirements at least are equal to those imposed by the federal Poultry Products Inspection Act and to develop and administer the State inspection program in a manner that effectuates the purposes of this subtitle and the federal act.
(b)    The Secretary may accept from the United States Secretary of Agriculture (i) advisory assistance in planning and otherwise developing the State program; and (ii) technical and laboratory assistance, training, and financial and other aid for administration of a program. The Secretary may spend public funds of the State, appropriated for administration of this subtitle, to pay the share of the estimated total cost of the cooperative program as may be agreed upon by the Secretary and the United States Secretary of Agriculture.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-205 - Inspection of Official Poultry Processing Establishments; Condemnation

(a)    At any official establishment, the Secretary may perform the following acts:
(1)    Antemortem inspection;
(2)    Postmortem inspection; and
(3)    Quarantine, segregation, and reinspection.
(b)    Every poultry carcass, part of it, or other poultry product found to be adulterated in any official establishment shall be condemned. If no appeal is taken from the determination of condemnation, every adulterated article shall be destroyed for human food purposes under the supervision of the inspector in the manner the rules and regulations prescribe. However, any article which may be reprocessed so that it is not adulterated need not be condemned if it is reprocessed under the supervision of an inspector and found not to be adulterated.
(c)    If an appeal to the Secretary is taken from a determination of condemnation, the article shall be marked appropriately and segregated pending an appeal inspection. If the Secretary determines that the appeal is frivolous, the appellant shall bear any cost of the appeal inspection. If the determination is sustained, the article shall be destroyed for human food purposes in accordance with this section.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-206 - Inspection and Identification of Poultry Not Intended for Use as Human Food; Transportation and Sale

(a)    The Secretary may not inspect any establishment that slaughters poultry or processes any poultry carcass, part or product of it, that is not intended for use as human food. However, the article shall be denatured or otherwise identified to deter its use as human food, pursuant to departmental rule or regulation, prior to its offer for sale or transportation in intrastate commerce, unless the article is naturally inedible by humans.
(b)    No person may buy, sell, donate, transport, offer for sale or transportation in intrastate commerce any poultry carcass, or any part or product of it, not intended for use as human food unless it is denatured, or otherwise identified to deter its use as human food as required by the departmental rules and regulations, or it is naturally inedible by humans.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-207 - Payment of Cost of Inspection

The State shall bear the cost of inspection rendered under this subtitle, except as provided in § 4–204 of this subtitle. However, each establishment shall pay the cost of overtime and holiday work, except during the 14–day period immediately prior to both Thanksgiving and Christmas, at rates the Secretary determines. Sums received by the Secretary, in reimbursement for sums paid out for premium pay work, shall be available without fiscal year limitation to carry out the purposes of this section.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-208 - Sanitary Practices at Official Establishments

(a)    Each official establishment shall have its premises, facilities, equipment, and operation in accordance with sanitary practices required by departmental rules and regulations.
(b)    The Secretary shall refuse to inspect any establishment whose premises, facilities, equipment, or operation fails to meet the requirements of this section.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-209 - Labeling, Marking, and Container

(a)    Every poultry product, inspected at an official establishment and found not to be adulterated, shall bear the information required by § 4–201(o) of this subtitle and departmental rules and regulations in distinctly legible form on the shipping container or other container, as the Secretary requires, when it leaves the establishment.
(b)    When it is feasible and necessary for the protection of the public, the Secretary also may require any nonconsumer packaged carcass to bear any information required by § 4–201(o) of this subtitle directly on it in distinctly legible form when it leaves the establishment.
(c)    The Secretary may prescribe:
(1)    The styles and sizes of type for material required to be incorporated in labeling to avoid false or misleading labeling; and
(2)    Definitions and standards of identity or composition for articles subject to this subtitle and standards of fill of container for these articles not inconsistent with standards established under the Federal Food, Drug, and Cosmetic Act, or under the federal Poultry Products Inspection Act. There shall be consultation between the Secretary and the Secretary of Agriculture of the United States prior to the issuance of the standards to avoid inconsistency between the State standards and the federal standards.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-211 - False or Misleading Name, Marking, or Labeling; Misleading Container

(a)    No person may sell, offer for sale, or donate any article subject to this subtitle under any false or misleading name, marking, or labeling or in any container of a misleading form or size. In addition to any other provision of this subsection, established trade names, other marking, labeling, and containers approved by the Secretary are permitted.
(b)    If the Secretary has reason to believe that any marking, labeling, size, or form of any container, in use or proposed for use with respect to any article subject to this subtitle, is false or misleading in any particular, he may direct that its use be withheld unless the marking, labeling, or container is modified so that it is not false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the Secretary, he may request a hearing before the Secretary. The Secretary may withhold the use of the marking, labeling, or container pending hearing and final determination by the Secretary. The determination of the Secretary is conclusive unless, within 30 days after receipt of notice of the final determination, the person adversely affected appeals in accordance with the procedures of the Administrative Procedure Act.
2023 Maryland Statutes › Agriculture › Title 4 - Regulation of Livestock, Poultry Products, and Eggs › Subtitle 2 - Maryland Poultry Products Inspection Act › Section 4-212 - Refusal or Withdrawal of Inspection

(a)    For the purpose of this section, a person is responsibly connected if he is an officer, director, holder, or an owner of at least 10 percent of the voting stock, or an employee in a managerial or executive capacity in the business.
(b)    After the applicant or recipient is accorded an opportunity for a hearing, the Secretary may refuse or withdraw inspection services for any period of time, if it is determined that the applicant or recipient is unfit to engage in any business requiring inspection because he is responsibly connected with any business or person convicted within the previous ten years of one of the following offenses:
(1)    Any felony or more than one misdemeanor under any law based upon acquiring, handling, or distributing adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions with food; or
(2)    Any felony involving fraud, bribery, extortion, or any other act or circumstance indicating a lack of integrity needed for the conduct of operations affecting the public health.
(c)    If inspection services are withdrawn or refused for any establishment for any failure of the operator (1) to maintain premises, facilities, equipment, or operating conditions pursuant to the provisions of § 4–208 of this subtitle; or (2) to destroy any condemned poultry product as required, the applicant or recipient, upon request, shall be afforded a hearing on the validity of this action. However, the withdrawal or refusal shall continue unless the Secretary orders otherwise.
(d)    The determination and order of the Secretary made after the hearing shall be final and conclusive, unless the applicant or recipient files petition for judicial review within 30 days after the effective date of the order in the circuit court for any county in which premises subject to withdrawn or refused inspection service is located. Pending appeal to the board of review, the refusal shall continue in effect unless the Secretary otherwise orders.