reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-302 - State Board of Veterinary Medical Examiners

(a)    There is a State Board of Veterinary Medical Examiners in the Department.
(b)    The Board has seven members, five of whom:
(1)    Are licensed and registered veterinarians of the State;
(2)    Are residents of the State;
(3)    Have engaged in active practice for five years at some time;
(4)    Are in good standing; and
(5)    Are appointed and qualified.
Of these five veterinarian members, at least two must have their practices predominantly for large animals. Two members of the Board shall not be veterinarians.
(c)    The Governor shall appoint the members of the Board with the advice and consent of the Senate. Each appointment shall be made from a list of at least three names for each vacancy submitted to the Governor, or to the Governor-elect, by the Secretary.
(d)    Each member serves a term of five years or until his successor is elected and qualified. A member is not eligible to serve for more than two full successive terms except as otherwise provided in this section. If any member ceases legally and physically to reside in the State, his office is vacant.
(e)    The Governor shall remove any of the members for misconduct in office, incompetence, immorality, willful neglect of duty, or any cause which is a ground for revocation of a license to practice veterinary medicine in the State. The member may be removed only after reasonable notice and an opportunity for hearing is provided.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-302.1 - Veterinary Review Committee

(a)    In this section, “veterinary review committee” means a committee or board that:
(1)    Is within one of the categories described in subsection (b) of this section; and
(2)    Performs any of the functions listed in subsection (c) of this section.
(b)    For purposes of this section, a veterinary review committee is:
(1)    A regulatory board or agency that is established by State or federal law to license, certify, or discipline any veterinary practitioner;
(2)    A committee of the Maryland Veterinary Medical Association or any of its component societies; or
(3)    Any person who contracts with a veterinary practitioner to perform any of those functions listed in subsection (c) of this section that are limited to the review of services provided by the veterinary practitioner.
(c)    For purposes of this section, a veterinary review committee has the following powers and duties:
(1)    To evaluate and seek to improve the quality of veterinary care that is provided by veterinary practitioners;
(2)    To evaluate the need for and the level of performance of veterinary care that is provided by veterinary practitioners; or
(3)    To evaluate and provide assistance to any veterinary practitioner who is in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(d)    Except as otherwise provided in the section, the proceedings, records, and files of a veterinary review committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the veterinary review committee.
(e)    Subsection (d) of this section does not apply to:
(1)    A civil action brought by a party who claims to be aggrieved by a decision of the veterinary review committee; or
(2)    Any record or document that:
(i)    Is considered by a veterinary review committee; and
(ii)    Otherwise would be subject to discovery and introduction into evidence in a civil trial.
(f)    A person who acts in good faith and within the scope of jurisdiction of a veterinary review committee is not civilly liable for:
(1)    Any action as a member of the veterinary review committee; or
(2)    Giving information to, participating in, or contributing to the function of the veterinary review committee.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-303 - Establishment of Fund; Fees; Disposition of Funds Collected

(a)    There is a State Board of Veterinary Medical Examiners Fund.
(b)    (1)    The Board shall set reasonable fees necessary to carry out its responsibilities under this subtitle.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board as provided in subsection (e) of this section.
(c)    The Board shall publish in its rules and regulations the fees that it sets.
(d)    (1)    The Board shall pay all fees collected under the provisions of this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees received from the Board to the Board of Veterinary Medical Examiners Fund.
(e)    (1)    The Board of Veterinary Medical Examiners Fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this title.
(2)    (i)    The Board of Veterinary Medical Examiners Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.
(ii)    Any unspent portions of the Board of Veterinary Medical Examiners Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Board of Veterinary Medical Examiners Fund to be used for the purposes specified in this title.
(f)    (1)    The chairman of the Board or the designee of the chairman shall administer the Board of Veterinary Medical Examiners Fund.
(2)    Money in the Board of Veterinary Medical Examiners Fund may be expended only for any lawful purpose authorized by the provisions of this title.
(g)    The Legislative Auditor shall audit the accounts and transactions of the Board of Veterinary Medical Examiners Fund as provided in § 2–1220 of the State Government Article.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-304 - Powers and Duties of Board Generally

(a)    The Board may:
(1)    Adopt rules and regulations to effectuate this subtitle;
(2)    Engage additional employees for professional, clerical, and special work as necessary and as provided in the State budget;
(3)    Subpoena any witness to take his testimony;
(4)    Require production of books, papers, records, and other documentary evidence, and examine them in relation to any matter which the Board may investigate or hear; and
(5)    Establish reasonable standards for the practice of veterinary medicine, including conduct and ethics.
(b)    Members or their designated inspectors may enter veterinary facilities at any reasonable hour to enforce the Board rules and regulations.
(c)    The Board shall maintain an office within the State and a telephone number listed for use by the general public.
(d)    The Board shall inspect every veterinary hospital facility in the State at least once every 2 years.
(e)    (1)    The Board may authorize the practice of a health occupation on an animal by a health care practitioner licensed, certified, or otherwise authorized under the Health Occupations Article.
(2)    If the Board authorizes the practice of a health occupation on an animal under paragraph (1) of this subsection, the Board may:
(i)    Impose requirements for education, training, and supervision by a veterinary practitioner; and
(ii)    Require the registration of each health care practitioner authorized to practice a health occupation on an animal in accordance with this subsection.
(f)    On or before December 31 each year, the Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the Board’s disciplinary activities for the previous fiscal year.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-304.1 - Veterinary Hospital License

(a)    As used in this subtitle, “veterinary hospital” means any building or portion of a building which is regularly used for the treatment of animals by a veterinary practitioner.
(b)    Every veterinary hospital shall be licensed by the Board. The Board shall set the annual license fee in accordance with § 2-303(b) of this subtitle. The license shall be applied for and issued to the owner of the hospital.
(c)    The Board may reject an application, or suspend or revoke the license for failure to maintain the facility properly. The rejection, suspension, or revocation shall be in accordance with the procedures set out in § 2-311 of this subtitle.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-305 - License to Administer Drugs by Animal Control Facility

(a)    In this section, “animal control facility” means a humane society, as defined in § 10–601 of the Criminal Law Article, or a county or municipal designated animal shelter.
(b)    The Board, on terms and conditions satisfactory to the Board, may issue a license to an animal control facility to allow the animal control facility to administer drugs needed to sedate, euthanize, or sedate and euthanize animals.
(c)    (1)    (i)    The owner of an animal control facility shall apply for the license.
(ii)    The Board shall issue a license in the name of the owner of an animal control facility.
(2)    The application shall designate one individual at the facility responsible for the drugs.
(3)    The annual license fee is $100.
(d)    In accordance with procedures set out in § 2–311 of this subtitle, the Board may:
(1)    Reject an application for a license; or
(2)    Suspend or revoke a license for failure to comply with the Board’s regulations.
(e)    An animal control facility licensed under this section shall comply with the Board’s requirements relating to employee training.
(f)    A member of the Board, or the Board’s designated inspector, may enter an animal control facility licensed under this section at any reasonable hour to enforce the Board’s regulations.
(g)    In consultation with the Maryland Department of Health, the Board shall adopt regulations necessary to carry out this section.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-306 - Regulation of Veterinary Education

(a)    (1)    The Board has the exclusive power to establish and alter the standards of preliminary and professional education and training requirements of applicants for the examination for a license.
(2)    The Board may establish an annual continuing education requirement of at least 12 hours as a condition to any license renewal.
(b)    The Board may investigate and determine the acceptability of and approve or disapprove any college or institution for the education and training of students desiring to practice veterinary medicine. It may cancel or revoke approval if the college or institution no longer is deemed satisfactory. However, the approval of the American Veterinary Medical Association of a college or institution is sufficient to qualify the college or institution. Any veterinarian desiring to be licensed to practice veterinary medicine shall have completed the course of study prescribed by an approved college or institution.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-307 - Examinations; Issuance of License

(a)    The Board shall prescribe the subject, character, manner, time, and place for every written examination, and the procedure for filing applications for the examination. It shall conduct the written examination so that the identity of the applicant is not known to the Board until the examination is graded. The Board shall make a written report of every examination and preserve it in the Board office for three years.
(b)    An applicant for the examination shall pay a fee set by the Board to the Board secretary at the time he files his application.
(c)    The Board shall issue a license to, and annually register, any person who:
(1)    Passes the examination;
(2)    Is of good moral character; and
(3)    Has a diploma from an approved college or institution conferring upon him the degree of Doctor of Veterinary Medicine.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-307.1 - Mental or Physical Examination

(a)    In reviewing an application for licensure of a veterinarian or in investigating any matter brought against a veterinary practitioner, the Board may direct the applicant, veterinarian, or veterinary practitioner to submit to a mental or physical examination when the Board has reasonable evidence indicating the inability of that individual to practice veterinary medicine competently.
(b)    In return for the privilege given by the State in issuing a license or registration, the applicant, veterinarian, or veterinary practitioner is deemed to have:
(1)    Consented to submit to an examination under this section if directed by the Board in writing; and
(2)    Waived any claim of privilege as to the examination report or testimony regarding the report.
(c)    The report or testimony of an examining physician or other person designated by the Board is confidential except as to contested case proceedings as defined by the Administrative Procedure Act.
(d)    The unreasonable failure or refusal of an  applicant, a veterinarian, or a veterinary practitioner to submit to an examination is prima facie evidence of the applicant’s, veterinarian’s, or veterinary practitioner’s inability to practice veterinary medicine competently unless the Board finds that the failure or refusal was beyond the control of the applicant, veterinarian, or veterinary practitioner.
(e)    The Board shall pay the reasonable cost of any examination made under this section.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-308 - Registration of Licensee

(a)    In order to enforce this subtitle and aid in the prosecution of any violation, every licensee who practices veterinary medicine in the State shall register annually with the Board.
(b)    Every licensee annually shall pay the Board a registration fee set by the Board for the privilege of continuing his license.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-309 - Registration of Veterinary Technicians

(a)    A person may register with the Board as a veterinary technician.
(b)    (1)    There is a Veterinary Technician Committee under the Board’s jurisdiction. The Committee consists of 7 members who are appointed by the Board, subject to the approval of the Secretary. The Board shall determine the qualifications and term of each member.
(2)    Each member of the Committee may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.
(c)    The Committee, subject to the Board’s approval shall:
(1)    Evaluate, examine, and determine the qualifications for applicants for registration as a veterinary technician;
(2)    Recommend to the Board the subject, scope, form, date, time, and location for each examination;
(3)    Establish continuing education requirements for veterinary technicians;
(4)    Define the duties and responsibilities of registered veterinary technicians;
(5)    Recommend to the Board reasonable rules and regulations to carry out the provisions of this section; and
(6)    Generally assist the Board in registering and regulating veterinary technicians.
(d)    To apply for registration, an applicant shall:
(1)    Submit an application to the Board on the form the Board requires; and
(2)    Pay to the Board an application fee set by the Board.
(e)    The Board shall register any applicant who:
(1)    Meets the requirements of this section;
(2)    Meets the Board’s educational requirements;
(3)    Passes a Board approved examination;
(4)    Is of good moral character; and
(5)    Is at least 18 years old.
(f)    A registration is issued for a term of 3 years and expires on June 30 of the third year after the date issued unless the registration is renewed as provided in this section.
(g)    The Board shall renew the registration of any applicant for an additional 3-year term if the applicant:
(1)    Submits a renewal application on the form that the Board requires;
(2)    Pays to the Board a renewal fee set by the Board;
(3)    Complies with the Board’s continuing education requirements; and
(4)    Otherwise is entitled to be registered.
(h)    In accordance with the hearing provisions of § 2-311 of this subtitle, the Board may refuse to register an applicant, suspend or revoke the registration, or reprimand and censure, or place on probation any veterinary technician, if the veterinary technician:
(1)    Practices veterinary medicine except as permitted under this subtitle;
(2)    Fraudulently or deceptively obtains a registration;
(3)    Is professionally, physically, or mentally incompetent;
(4)    Is convicted of a felony or a crime involving moral turpitude;
(5)    Is convicted of a violation of any federal or State law relating to narcotic drugs;
(6)    Is grossly negligent or deliberately cruel to an animal;
(7)    Violates any provisions of this subtitle; or
(8)    Is determined by the Board to be incompetent as a veterinary technician.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-310 - Standards of Conduct and Ethics; Grounds for Refusal, Suspension or Revocation of License

The Board may refuse, suspend, or revoke any application or license, and censure or place on probation any licensee after a hearing, if the veterinarian or veterinary practitioner:
(1)    Is unable to practice veterinary medicine competently due to a physical or mental disability;
(2)    Is convicted of a violation of any federal or State law relating to prescription drugs, a controlled dangerous substance under Title 5, Subtitle 4 of the Criminal Law Article, or a controlled substance as defined by 21 U.S.C. § 812;
(3)    Is convicted of a felony, or of a crime involving moral turpitude;
(4)    Is convicted of violating any provision of this subtitle, any unlawful or fraudulent practice, or any fraudulent, misleading, or deceptive representation or advertising concerning his professional qualifications or the quality of materials or drugs used by him in his professional work or in the treatment of animals;
(5)    Has a final judgment entered against him in a civil malpractice case involving gross personal negligence;
(6)    Obtains the license by fraud or misrepresentation, either in the application, or in passing the examination;
(7)    Is guilty of employing or permitting to practice veterinary medicine any person who does not hold a license to practice veterinary medicine in the State;
(8)    Fails to comply with Board rules or regulations after receiving a license;
(9)    Is grossly negligent or deliberately cruel to an animal;
(10)    Is determined by four members to be professionally incompetent as a veterinary practitioner;
(11)    Is disciplined by a licensing authority of another state, including the suspension or revocation of a license to practice veterinary medicine, for an act that would be grounds for disciplinary action under this section;
(12)    Fails to comply with animal cruelty or animal fighting reporting requirements under § 2–313.1 of this subtitle; or
(13)    Willfully violates the cat declawing prohibition under § 2–313.3 of this subtitle.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-310.1 - Penalties in Lieu of or in Addition to Suspension or Revocation

(a)    In lieu of or in addition to suspension of the license, the Board may impose a penalty of not more than $5,000 for a first offense.
(b)    In addition to revocation of the license, the Board may impose a penalty of not more than $5,000 for a first offense.
(c)    In addition to suspension or revocation of the license, the Board may impose a penalty of not more than $10,000 for a second or subsequent offense.
(d)    Penalties collected by the Board under this section shall be paid into the General Fund of the State.
(e)    The Board shall establish such rules and regulations as are necessary to carry out the provisions of this section.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-311 - Procedure for Suspension or Revocation of License

(a)    Before any license is suspended or revoked, the Board shall give the licensee at least ten days written notice of the time and place of the hearing. Notice shall be given by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, addressed to the post-office address shown on the annual registration or in other information the Board possesses.
(b)    A copy of the charges shall be furnished the licensee and he shall be afforded an opportunity to be heard personally and to be represented by counsel before the Board. The licensee shall have the opportunity to confront witnesses against him.
(c)    Every witness at the hearing shall testify under oath. The chairman or any member may administer the oath. The Board may compel the attendance of witnesses by subpoena.
(d)    The Board shall report its action in writing, stating the reasons for the action. A copy shall be delivered or mailed to the person against whom the complaint is made.
(e)    The licensee may appeal to the circuit court of the county where the licensee has an office. The court shall hear and determine all matters connected with the action of the Board from which appeal is taken in accordance with the Administrative Procedure Act.
(f)    The licensee and the Board may appeal from the decision of the circuit court to the Court of Special Appeals, subject to the time and manner provided for the taking of an appeal to this Court.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-312 - Issuance of License After Revocation

At any time within two years from the date of revocation of any license, the Board, by the affirmative vote of four members, may issue without examination a new license to any person whose license was revoked. After the expiration of two years, the person may obtain a license only by compliance with the same requirements which are imposed by this subtitle on other license applicants.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-313.1 - Reporting Animal Cruelty or Fighting

(a)    A veterinary practitioner who has reason to believe that an animal that has been treated by the veterinary practitioner has been subjected to cruelty or fighting in violation of § 10–604, § 10–606, § 10–607, or § 10–608 of the Criminal Law Article shall report the suspected animal cruelty or animal fighting to the appropriate law enforcement agency or county animal control agency in a timely manner.
(b)    A veterinary practitioner who makes a report under subsection (a) of this section shall include in the report:
(1)    The name, age, and location of the animal;
(2)    The name and home address of the owner or custodian of the animal;
(3)    The nature and extent of the suspected animal cruelty or animal fighting, including any evidence or information available to the veterinary practitioner concerning possible previous instances of animal cruelty or animal fighting; and
(4)    Any other information that would help determine:
(i)    The cause of the suspected animal cruelty or animal fighting; and
(ii)    The identity of any individual responsible for the suspected animal cruelty or animal fighting.
(c)    A veterinary practitioner who reports in good faith suspected animal cruelty or animal fighting or participates in an investigation of suspected animal cruelty or animal fighting is immune from:
(1)    Civil liability that results from the report or participation in the investigation; or
(2)    Criminal prosecution for the report or participation in the investigation.
(d)    The Board shall adopt regulations establishing:
(1)    Confidentiality procedures for protecting the identity of the veterinary practitioner making a report under this section;
(2)    Confidentiality procedures for protecting the substance of a report made under this section and any records associated with the report; and
(3)    Conditions under which the substance of a report may be disclosed.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-313.2 - Cease and Desist Orders -- Civil Penalties

(a)    Subject to subsection (b) of this section and on review and approval of the Secretary or the Secretary’s designee, the Board may issue a cease and desist order against a person who:
(1)    Practices, attempts to practice, or offers to practice veterinary medicine in violation of § 2–313(a) of this subtitle; or
(2)    Takes an action:
(i)    For which the Board determines there is a preponderance of evidence of grounds for discipline under § 2–310 or § 2–313 of this subtitle; or
(ii)    That poses a serious risk to the health, safety, and welfare of an animal patient.
(b)    (1)    In lieu of a cease and desist order under subsection (a) of this section, the Board may impose a civil penalty not exceeding:
(i)    $5,000 for a first offense; and
(ii)    $10,000 for a second or subsequent offense.
(2)    In setting the amount of a civil penalty, the Board shall consider:
(i)    The seriousness of the violation;
(ii)    The harm caused by the violation;
(iii)    The good faith of the violator;
(iv)    Any history of previous violations by the violator; and
(v)    Any other relevant factors.
(3)    Before a civil penalty is imposed under this subsection, the Board shall provide to the person on whom the civil penalty will be imposed notice of the alleged violation and an opportunity for a hearing.
(c)    A person against whom a cease and desist order is issued or a civil penalty is imposed under this section may seek review of the order or penalty under the Administrative Procedure Act.
(d)    An action for a cease and desist order or a civil penalty imposed under this section is in addition to, and not instead of, disciplinary actions authorized under § 2–310 of this subtitle or an action for injunctive relief under § 2–315 of this subtitle.
(e)    (1)    The Board shall adopt regulations to carry out the provisions of this section, including hearing procedures and sanctions for violations of a cease and desist order.
(2)    The sanctions established by regulations adopted under paragraph (1) of this subsection may include a civil penalty consistent with subsection (b) of this section.
(f)    The Board shall pay any penalty collected under this section into the General Fund of the State.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-313.3 - Declawing Cat Only for Therapeutic Purpose

(a)    Except as provided in subsection (b) of this section, a veterinary practitioner may not perform a declawing procedure on a cat.
(b)    A veterinary practitioner may perform a declawing procedure on a cat if the procedure is necessary for a therapeutic purpose.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-314 - Liability for Civil Damages of Veterinarian or Others Rendering Aid in Emergency

A person licensed by the State of Maryland to provide veterinary care, a student of veterinary medicine who works under the responsible direct supervision of a veterinary practitioner as defined by § 2–301(c) of this subtitle, or a veterinary technician registered by the State under § 2–309 of this subtitle shall have the immunity from liability described under § 5–614 of the Courts and Judicial Proceedings Article.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-315 - Injunctive Relief

(a)    The Board may bring an action for an injunction against a person who violates any provision of this subtitle.
(b)    An action for an injunction under this section is in addition to, and not instead of, disciplinary actions taken under § 2-310 of this subtitle or the imposition of civil penalties under § 2-310.1 of this subtitle.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 3 - State Board of Veterinary Medical Examiners › Section 2-316 - Termination of Subtitle Provisions and Regulations

The provisions of this subtitle creating the State Board of Veterinary Medical Examiners and relating to the regulation of veterinarians and any regulations promulgated under this subtitle are of no effect and may not be enforced after July 1, 2031.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 4 - Urban Farmer Assistance › Section 2-401 - Urban Farmer Assistance -- Extension Agents -- Duties

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Urban area” means an area delineated as an urban area by the U.S. Census Bureau.
(3)    “Urban farmer” means an individual who farms in an urban area.
(b)    (1)    The University of Maryland Extension shall hire an extension agent dedicated to urban farm production methods and crop management.
(2)    The agent hired under paragraph (1) of this subsection shall:
(i)    Perform applied research on urban farm production methods and crop management; and
(ii)    Spend a majority of the agent’s time providing education to urban farmers on urban farm production methods and crop management.
(3)    The education provided under paragraph (2)(ii) of this subsection may include:
(i)    Planning and scheduling crop planting and harvesting in urban areas, including outdoors, indoors, in greenhouses, and in high tunnel production systems;
(ii)    Production management practices for controlled environment agriculture systems;
(iii)    Growing trials and production methods for crops grown in urban areas, including specialty crops such as heritage vegetables, ethnic vegetables, herbs, microgreens, and cut flowers;
(iv)    Propagation and transplant production;
(v)    Training on and certifications for good agricultural practices;
(vi)    Training on organic certifications; and
(vii)    Any other topic regarding urban farm production methods and crop management that the agent, in consultation with urban farmers and farm service providers located in urban areas, determines is necessary.
(c)    (1)    The University of Maryland Extension shall hire an extension agent dedicated to urban farm and agribusiness management.
(2)    The agent hired under paragraph (1) of this subsection shall:
(i)    Perform applied research on urban farm and agribusiness management; and
(ii)    Spend a majority of the agent’s time providing and coordinating education for urban farmers on urban farm and agribusiness management.
(3)    The education provided under paragraph (2)(ii) of this subsection may include:
(i)    Accounting and financial management;
(ii)    Identifying potential customers and business development;
(iii)    Marketing;
(iv)    Human resource management;
(v)    Different business types and structures;
(vi)    Land acquisition;
(vii)    Insurance;
(viii)    Licensing and permitting; and
(ix)    Any other topic regarding urban farm and agribusiness management that the agent, in consultation with urban farmers and farm service providers located in urban areas, determines is necessary.
(d)    For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $300,000 to the University of Maryland Extension for the extension agents hired under this section.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-501 - "Child" Defined

In this subtitle, “child”:
(1)    Means a biological child, an adopted child, or a stepchild; and
(2)    Does not include a foster child, a grandchild, or a descendant more remote than a grandchild.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-501.1 - Legislative Intent

(a)    It is the intent of the Maryland General Assembly to preserve agricultural land and woodland in order to:
(1)    Provide sources of agricultural products within the State for the citizens of the State;
(2)    Control the urban expansion which is consuming the agricultural land and woodland of the State;
(3)    Curb the spread of urban blight and deterioration; and
(4)    Protect agricultural land and woodland as open–space land.
(b)    With respect to woodland preservation under this subtitle, the General Assembly encourages that fair consideration be given to the retention of forest lands that are working landscapes as defined under § 5–101 of the Natural Resources Article.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-503 - Board of Trustees

(a)    (1)    The Maryland Agricultural Land Preservation Foundation shall be governed and administered by a board of trustees composed of:
(i)    The State Treasurer, the Comptroller, the Secretary of Planning, and the Secretary, all of whom shall serve as ex officio members;
(ii)    Nine members from the State at–large to be appointed by the Governor, at least six of whom shall be farmer representatives who are engaged in or retired from active farming from different areas of the State, and four of whom shall be appointed as follows:
1.    One from a list of three nominees submitted by the Maryland Agricultural Commission;
2.    One from a list of three nominees submitted by the Maryland Farm Bureau;
3.    One from a list of three nominees submitted by the Maryland State Grange; and
4.    One from a list of three nominees submitted by the Young Farmers Advisory Board; and
(iii)    Any designee appointed by an ex officio member under paragraph (3) of this subsection.
(2)    Nominees under paragraph (1)(ii)4 of this subsection shall meet the requirements of § 2–1002(d) of this title.
(3)    Each ex officio member of the board of trustees may appoint a designee to serve in the member’s place on the board.
(4)    The Governor shall appoint the chairman of the board, from among the nine at–large trustees.
(5)    A majority of the members of the board serving at any one time constitutes a quorum for the transaction of business.
(6)    Notwithstanding the provisions of §§ 5–502 through 5–504 of the General Provisions Article, a person may be appointed to and serve on the board as an at–large member even if prior to the appointment the person sold an easement in the person’s agricultural land to the Foundation.
(b)    (1)    The term of any trustee at–large serving on the board shall expire on July 1, 1977. The Governor then shall appoint trustees at–large for the following terms:
(i)    Three for a term of four years;
(ii)    Three for a term of three years; and
(iii)    Three for a term of two years.
(2)    In appointing members at–large to replace members whose terms expire on July 1, 1977, the Governor may appoint members serving as of July 1, 1977. Thereafter, successors to trustees at–large whose terms expire shall be appointed for terms of four years. Vacancies shall be filled for the unexpired term. A trustee at–large may not serve more than two successive terms. Appointment to fill a vacancy may not be considered as one of two terms.
(c)    Trustees at–large shall take the oath of office as prescribed by law.
(d)    Compensation may not be paid to any trustee. Each trustee shall be reimbursed for travel and other expenses incurred by him in the performance of his duties on behalf of the Foundation.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-504 - General Powers of Foundation

The Maryland Agricultural Land Preservation Foundation has the following general powers:
(1)    To sue and be sued in contractual matters in its own name;
(2)    To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its purposes;
(3)    To acquire, by gift, purchase, devise, bequest or grant, easements in gross or other rights to restrict the use of agricultural land and woodland as may be designated to maintain the character of the land as agricultural land or woodland;
(4)    To acquire and hold, by gift, purchase, devise, bequest or grant, real and personal property, or any interest therein, to carry out the legislative intent of preserving prime agricultural land and woodland and conserving, improving, administering, investing, or disposing of any property to further the purposes of the Critical Farms Program under this subtitle;
(5)    To adopt, with the approval of the Secretary, regulations and procedures necessary to implement the provisions of this subtitle; and
(6)    To promote the dissemination of information to farmers throughout the State concerning the activities of the Foundation.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-504.1 - Agricultural Preservation Advisory Boards

(a)    In each county containing productive agricultural land, the county governing body shall appoint an agricultural preservation advisory board.
(b)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, the agricultural preservation advisory board shall consist of five members, at least three of whom shall be owner–operators of commercial farms who earn 50 percent or more of their income from farming.
(2)    In Worcester County, the agricultural preservation advisory board shall consist of seven members, at least four of whom shall be owner–operators of commercial farms who earn 50 percent or more of their income from farming.
(3)    In St. Mary’s County, the agricultural preservation advisory board shall consist of five members, at least three of whom shall be actively pursuing the production of agricultural products for profit.
(c)    (1)    Except as provided in paragraph (2) of this subsection, each member of an agricultural preservation advisory board shall be appointed for a term of office of five years.
(2)    In Charles County and in Worcester County, a member shall serve a term of office of 4 years.
(3)    No member shall serve for more than two consecutive full terms.
(4)    Appointment to fill a vacancy shall be for the remainder of the unexpired term.
(d)    Duties of each agricultural preservation advisory board shall be:
(1)    To advise the county governing body with respect to the approval of purchases of easements by the Foundation within the county;
(2)    To assist the county governing body in reviewing the status of land under easement;
(3)    To advise the Foundation concerning county priorities for agricultural preservation;
(4)    To approve or disapprove an application by the county for certification or recertification under § 5–408 of the State Finance and Procurement Article;
(5)    To promote preservation of agriculture within the county by offering information and assistance to farmers with respect to the purchase of easements;
(6)    To meet at least annually with forest conservation district boards in order to work cooperatively to encourage the promotion and retention of farmland and woodland in their respective jurisdictions; and
(7)    To perform any other duties as assigned by the county governing body.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-506 - Annual Report to Governor and General Assembly

The Foundation on or before January 15 of each year, shall transmit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a report of the Foundation’s proceedings and activity for the preceding fiscal year, including an inventory of all easements or other interests in agricultural land and woodland acquired during that time, and including a report on the condition of the Maryland Agricultural Land Preservation Fund.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-507 - Executive Director and Staff

The Maryland Agricultural Land Preservation Foundation shall employ an executive director and staff sufficient to carry out the purposes of this subtitle. The executive director shall be appointed by the Secretary upon recommendation of the board of trustees at-large. The salaries of the executive director and staff shall be as provided in the State budget.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-508.1 - Disbursements to County Agricultural Land Preservation Programs

(a)    If a county is certified by the Department of Planning under § 5–408 of the State Finance and Procurement Article as having established an effective county agricultural land preservation program, and if there is money remaining in the Maryland Agricultural Land Preservation Fund at the end of the fiscal year, the county may apply to the Foundation for an amount equal to the difference between:
(1)    The aggregate amount allotted on behalf of the county under general allotted purchases of easements as provided in § 2–508(b) of this subtitle for the fiscal year in which easement purchases are made; and
(2)    The amount committed by the Foundation on behalf of the county under general allotted purchases of easements as provided in § 2–508(b) of this subtitle for the fiscal year in which easement purchases are made.
(b)    The distribution under this section shall be made within 60 days of the end of each fiscal year.
(c)    If the money remaining in the Maryland Agricultural Land Preservation Fund at the end of the fiscal year is insufficient to distribute the total amount applied for under subsection (a) of this section, the maximum amount that may be distributed to any certified county is:
(1)    The total sum available divided by the number of counties applying for additional funds under this section; less
(2)    The amount committed by the Foundation on behalf of the county under general allotted purchases of easements as provided in § 2–508(b) of this subtitle for the fiscal year in which easement purchases are made.
(d)    A county may use the additional funds distributed under this section only for an approved agricultural land preservation program for the purposes stated under § 2–512 of this subtitle, including use for bond annuity funds, collateralizing loans, or matching funds.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-509.1 - Elimination of Districts as a Requirement for Easement Application Process

(a)    Effective July 1, 2007, districts may not be a requirement for the easement application process to the Foundation.
(b)    (1)    Except as provided in paragraph (2) of this subsection, as of June 30, 2012, all districts held by the Foundation shall be terminated and a landowner may not be bound to the terms of any Foundation district agreement.
(2)    The following agricultural land preservation districts shall remain in force and may not be terminated:
(i)    Any district in which an easement has been transferred to the Foundation; and
(ii)    Any district established to provide a property tax credit to a landowner.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-510.1 - Grant to Purchase Easement Under Certain Conditions

(a)    The Foundation may make a grant to purchase an easement on a property selected by the Foundation to a county with a program, approved by the Foundation, to purchase easements using installment purchase agreements.
(b)    The Foundation may only approve a county’s installment purchase program if the program is used to purchase easements using installment purchase agreements that:
(1)    Require the county to make annual equal payments to the landowner of interest on the outstanding balance of the purchase price;
(2)    Require that the county pay the landowner the remainder of the purchase price at the end of the term;
(3)    State the total amount of money the county will pay the landowner, the interest rate, and the terms of the agreement; and
(4)    Require that the easement be recorded within 30 days of settlement.
(c)    An easement purchased using a grant provided under this section shall be jointly held by the county and the Foundation.
(d)    An easement purchased using a grant provided under this section may not terminate.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-513.1 - Authority of County to Deny Applications Under Local Land Use Regulations

(a)    This section applies only to applications affecting land encumbered by a deed of easement created under this subtitle.
(b)    If the Foundation has not authorized approval of the application, a county may deny an application for:
(1)    A subdivision plat or plan;
(2)    A building permit, except for:
(i)    Improvements or accessories to an existing residence; or
(ii)    A farm building or structure;
(3)    A nonagricultural conditional use or special exception; or
(4)    Any other nonagricultural use or activity.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 5 - Maryland Agricultural Land Preservation Foundation › Section 2-514.1 - Easement Approved on or After October 1, 2004 to Be Held in Perpetuity

An easement whose purchase is approved by the Board of Public Works on or after October 1, 2004, shall be held by the Foundation in perpetuity.