reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 5 - Honey Bees › Section 5-503 - Registration

(a)    (1)    A beekeeper shall register annually with the Department each colony that it maintains, as provided in this subsection.
(2)    On or before January 1 of each year, the beekeeper shall complete and submit to the Department a registration form on which the beekeeper shall state the number of colonies he maintains and the location of each colony.
(3)    The Department shall adopt a form which shall be used to comply with the registration requirements of this subsection.
(b)    Any person who is not registered as a beekeeper under this section and who acquires a colony shall register it with the Department within 30 days after the acquisition.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 5 - Honey Bees › Section 5-504 - Diseased Colonies or Equipment

(a)    Except as provided in this section, a person may not keep a colony or possess bee equipment that is infected with an infectious bee disease.
(b)    Each beekeeper with an infected colony shall notify the Department.
(c)    A beekeeper may not sell, barter, or give to any person any infected colony, bee equipment, or appliance unless it is treated in a manner that the Department approves.
(d)    (1)    The Department may do any of the following:
(i)    After sending to the beekeeper a written notice of quarantine, quarantine any apiary containing an infected colony or bee equipment;
(ii)    Order treatment of an infected colony or bee equipment; and
(iii)    Order destruction of an infected colony or bee equipment.
(2)    A quarantine shall remain in effect until the Department issues a written release of the quarantine.
(3)    The Department shall instruct the beekeeper on any treatment or destruction that is ordered under this section.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 5 - Honey Bees › Section 5-505 - Colonies or Used Equipment Shipped or Transported Into State

(a)    A person may not ship or transport into this State any colony or used bee equipment that is not accompanied by a valid inspection certificate that:
(1)    Has been issued by an authorized apiary inspector of the state of origin; and
(2)    States that the colony or equipment is disease free based on an inspection by that inspector within a time period as determined by the Department.
(b)    Before a person may ship or transport into this State any colony or used bee equipment, the person shall submit the following information to the Department:
(1)    An inspection certificate from the state of origin;
(2)    The name, address, and state of residence of the shipper;
(3)    The person to whom and destination to which the colony or bee equipment is to be shipped;
(4)    The number of hives that contain bees;
(5)    The type and quantity of bee equipment contained in the shipment;
(6)    The date of the last official inspection of the apiary and bee equipment;
(7)    The total number of colonies in the apiary inspected;
(8)    The number of infected colonies, if any, that were found in the apiary on that last inspection; and
(9)    The number of these infected colonies that were destroyed.
(c)    Without the prior written permission of the Department, a person may not transport into this State from outside of the United States a bee that belongs to the genus Apis, used bee equipment, or a used appliance.
(d)    A person may not ship or transport into this State any queen bee or packaged bee unless it is accompanied by a valid certificate that:
(1)    Was issued by an authorized apiary inspector of the state of origin; and
(2)    States that the bee is from a disease free colony.
(e)    A person, who receives a delivery of a colony or bee that was transported into this State without the document required under this subtitle, immediately shall give to the Department notice of the delivery.
(f)    (1)    Any colony or bee that is transported into this State in a manner that does not meet the requirements of this subtitle shall be restricted to an area that the Department designates and may not be moved.
(2)    The Department shall give the owner notice that unless the colony or bee is removed from the State within 24 hours, it may be destroyed by the Department at the expense of the owner.
(3)    The Department may destroy at the expense of the owner any bee or colony that is not removed from this State within 24 hours after notice is given under this subsection.
(g)    A transportation company or common carrier shall have the immunity from liability described under § 5–415 of the Courts and Judicial Proceedings Article.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 5 - Honey Bees › Section 5-507 - Identification of Apiary on Another Person's Property; Abandoned Apiaries

(a)    A beekeeper whose apiary is located on the property of any other person shall post in a conspicuous place in the apiary its identification number, as assigned by the Department, or other identification approved by the Department.
(b)    (1)    The Department shall give to the owner of an abandoned apiary or to the owner of the property on which the abandoned apiary is located notice that, if the apiary remains abandoned for more than 30 days from the date of the notice, the Department may condemn the apiary and remove any colony.
(2)    If an apiary remains abandoned for more than 30 days from the date that notice is given under this subsection, the Department may condemn and remove the apiary.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 6 - San Juan Rabbits › Section 5-601 - Importation of San Juan Rabbits

A person may not possess or import into the State any live rabbit, of the type now commonly known as the “San Juan rabbit”, for any purpose. Each rabbit imported or possessed in violation of this section constitutes a separate offense. In addition to any other penalty provided by this article, any person who violates this section shall forfeit any live San Juan rabbits he possesses.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 8 - Nuisance Bird Law › Section 5-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Cooperator” means any person or federal, State or local government agency.
(c)    “Nuisance birds” means red-winged blackbirds (Agelaius phoeniceus), common grackles (Quiscalus quiscula), brown-headed cowbirds (Molothrus ater), starlings (Sturnus vulgaris), the monk parakeet (Myiopsitta monachus), and exotic species as determined by the Secretary when causing or about to cause economic losses to agriculture in the State.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 8 - Nuisance Bird Law › Section 5-802 - Powers and Duties of Secretary

(a)    The Secretary may conduct research to determine population trends or economic losses to agriculture caused by nuisance birds, and may develop and implement a plan of action for their control.
(b)    The Secretary may demonstrate procedures or render technical assistance for the management of any nuisance birds.
(c)    Any actions taken by the Secretary will be performed so as to protect human life, domestic animals, and other wildlife.
(d)    The Secretary shall adopt means and methods of control of nuisance birds.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 8 - Nuisance Bird Law › Section 5-804 - Cooperation With Other Agencies; Special Nuisance Bird Fund

(a)    The Secretary shall cooperate with federal agencies, other State agencies, other states, and other persons in carrying out the duties imposed upon him by this subtitle.
(b)    Any money received from any cooperator or person shall be deposited in a special nuisance bird fund and be used to defray partially the expense of administering this subtitle.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 9 - Antifouling Paints › Section 5-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Acceptable release rate” means a measured release rate equal to or less than 5.0 micrograms per square centimeter per day at steady state conditions determined in accordance with the U.S. Environmental Protection Agency testing procedure, as outlined in the Agency’s call-in notice of July 29, 1986 on tributyltin in antifouling paints under the Federal Insecticide, Fungicide, and Rodenticide Act.
(c)    “Antifouling paint” means a compound, coating, paint, or treatment applied or used for the purpose of controlling freshwater or marine fouling organisms on vessels.
(d)    “Commercial boatyard” means:
(1)    A facility that engages for hire in the construction, storage, maintenance, repair, or refurbishing of vessels; or
(2)    An independent marine maintenance contractor who engages in any of the activities under paragraph (1) of this subsection.
(e)    “Tributyltin compound” means any organotin compound that has 3 normal butyl groups attached to a tin atom and with or without an anion, such as chloride, fluoride, or oxide.
(f)    (1)    “Vessel” means a watercraft or other contrivance used as a means of transportation on water, whether self-propelled or otherwise.
(2)    “Vessel” includes barges and tugs.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 9 - Antifouling Paints › Section 5-902 - Distribution, Possession, Sale, Application, etc., of Antifouling Paint Containing Tributyltin Compound

(a)    (1)    Except as provided in subsection (b) of this section, a person may not distribute, possess, sell, offer for sale, use, or offer for use any antifouling paint containing a tributyltin compound.
(2)    A person may not distribute, possess, sell, offer for sale, use, or offer for use any substance that contains a tributyltin compound in concentrated form and that is labeled for mixing with paint by the user to produce an antifouling paint for use on a vessel.
(b)    (1)    A person may distribute or sell an antifouling paint containing a tributyltin compound with an acceptable release rate to the owner or agent of a commercial boatyard.
(2)    The owner or agent of a commercial boatyard may possess and apply or purchase for application an antifouling paint containing tributyltin with an acceptable release rate, if the antifouling paint:
(i)    Is applied only within a commercial boatyard; and
(ii)    Is applied only to vessels exceeding 25 meters in length or that have aluminum hulls.
(c)    This section does not prohibit the sale, use, distribution, or possession of an antifouling paint containing a tributyltin compound, if the antifouling paint:
(1)    Is in a spray can of 16 ounces or less;
(2)    Is commonly referred to as an outboard or lower drive unit paint; and
(3)    Has an acceptable release rate.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 9 - Antifouling Paints › Section 5-903 - Subtitle Not Infringement on Interstate Commerce

This subtitle does not infringe on interstate commerce, and out-of-state vessels that have an antifouling paint containing a tributyltin compound in excess of an acceptable release rate may travel and dock in State waters.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 9 - Antifouling Paints › Section 5-905 - Seizure and Forfeiture

(a)    The Department may seize any antifouling paint or any substance described in § 5-902(a)(2) of this subtitle that is held for sale or distribution, used, or possessed in violation of this subtitle.
(b)    Any antifouling paint or any substance described in § 5-902(a)(2) of this subtitle seized by the Department under this section is deemed forfeited to the State.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 10 - Nuisance Insects › Section 5-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Fund” means the Nuisance Insects Fund.
(c)    (1)    “Nuisance insect” means an insect that is determined by the Secretary to pester or annoy only humans.
(2)    “Nuisance insect” does not include:
(i)    An insect that is a threat to the health of humans, animals, or plants; or
(ii)    A pollinator.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 10 - Nuisance Insects › Section 5-1002 - Legislative Findings

The General Assembly finds that the proliferation of certain species of insects, including the group Simulium jenningsi, commonly known as black flies, while not posing a direct threat to the health of humans, animals, or plants, may constitute a public and common nuisance on land and waters used for recreation, employment, and tourism.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 10 - Nuisance Insects › Section 5-1003 - Program to Control or Eliminate Nuisance Insects

(a)    (1)    Subject to available funding in the State budget and subject to subsection (b) of this section, the Secretary may implement a program to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects in the State.
(2)    The program shall be implemented on:
(i)    State–owned property;
(ii)    Property owned by a local government with the consent of the local government; and
(iii)    Private property with the consent of the property owner.
(3)    To carry out the program, the Secretary may:
(i)    Treat property with an aerial spraying or backpack spraying of Bacillus thuringiensis israelensis;
(ii)    Conduct field studies to determine the need for, location, and time of spraying;
(iii)    Schedule spraying when the conditions are optimal for ingestion by nuisance insects;
(iv)    Notify appropriate persons of the date and location of an upcoming spraying; and
(v)    Review the effectiveness of spraying.
(b)    Notice provided under subsection (a)(3)(iv) of this section shall, at a minimum, be:
(1)    Provided to:
(i)    Local press outlets;
(ii)    County and local governments that are in the area that will be affected by the spraying;
(iii)    Emergency responders and associated agencies that service the area that will be affected by the spraying; and
(iv)    The local riverkeeper for the area that will be affected by the spraying; and
(2)    Posted on appropriate social media sites.
(c)    (1)    The Secretary may carry out a project to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects under this section if the county or municipality in which the nuisance insects are located agrees to pay 50% of the costs associated with the project.
(2)    The Secretary shall remit any payment from a county or municipality received under this subsection to the Comptroller for deposit to the Nuisance Insects Fund, established under § 5–1004 of this subtitle.
2023 Maryland Statutes › Agriculture › Title 5 - Pesticide and Pest Control › Subtitle 10 - Nuisance Insects › Section 5-1004 - Nuisance Insects Fund

(a)    There is a Nuisance Insects Fund.
(b)    The purpose of the Fund is to facilitate the control or elimination of nuisance insects in the State.
(c)    The Secretary or the Secretary’s designee shall administer the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Fund consists of:
(1)    Any money distributed to the Fund under § 5–1003(b) of this subtitle;
(2)    Money appropriated in the State budget to the Fund; and
(3)    Any other money from any other source accepted for the benefit of the Fund.
(f)    The Fund may be used only to cover the actual, documented direct and indirect costs associated with controlling or eliminating nuisance insects in accordance with a program implemented under § 5–1003 of this subtitle.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-104 - Rules and Regulations

The Secretary may adopt reasonable rules and regulations necessary to secure the efficient administration of this subtitle. No rule or regulation may be adopted, amended, or repealed unless a public hearing is held on the proposal, and notice of the hearing is given in at least two trade papers of general circulation at least 20 days in advance.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-105 - Publication of Information Concerning Commercial Feed

The Secretary shall publish at least annually, in any form he deems proper: (1) information concerning the distribution of commercial feeds; (2) data on the production and use of commercial feeds as he considers advisable; and (3) a report of the results of the analyses of official samples of commercial feeds distributed in the State as compared with the analyses guaranteed in the registration and on the label. The published information concerning production and use of commercial feeds may not disclose the operations of any person.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-106 - Inspection, Sampling, Testing, and Analyses of Commercial Feed

(a)    The Secretary shall sample, inspect, test and make analyses of commercial feed distributed in the State at any time and place and to the extent the Secretary considers necessary to ensure compliance with this subtitle.
(b)    The Secretary shall adopt the methods of sampling and analysis from sources, such as the journal of the Association of Official Analytical Chemists, or methods that insure representative sampling and accurate examination.
(c)    In determining for administrative purposes whether a commercial feed is deficient in any component, the Secretary shall be guided solely by the official sample obtained and analyzed as provided by this section.
(d)    When inspection and analysis of an official sample indicates a commercial feed is adulterated, misbranded, or does not contain an enzyme or other additive in accordance with § 6-107.1 of this subtitle, the Secretary shall forward the results of the analysis to the person who registers the product and the person from whom the sample is taken. The Secretary shall furnish the distributor with a portion of the sample concerned within 30 days if he requests it.
(e)    The Secretary may enter on any public or private premises, including any transportation vehicle, during regular business hours to obtain access to commercial feeds or to records relating to their distribution.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-107 - Registration

(a)    Except as provided in subsection (e) of this section, a distributor shall register each brand name or product name of commercial feed before distributing it in the State. Customer–formula feeds and contract feeds are exempt from registration if the registration fee is paid on the commercial feeds which they contain.
(b)    The registration application for commercial feeds shall be submitted on forms furnished by the Secretary, and shall also be accompanied by a label or other printed matter describing the product if requested by the Secretary. The application shall include the information required by §§ 6–109, 6–110, and 6–111 of this subtitle. When the Secretary has approved the registration, he shall furnish a copy to the applicant.
(c)    The annual registration fee for each commercial feed distributed in the State is $50. Customer–formula feeds and contract feeds are exempt if the registration fee is paid on the commercial feeds which they contain.
(d)    Each registration expires April 30 each year.
(e)    Provided the product label has not been altered or changed, a distributor may not be required to register any brand of commercial feed which has been registered under this subtitle by another person.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-107.1 - Reduction of Phosphorus in Poultry Waste

(a)    By December 31, 2000, all contract feed that is fed to chickens must include phytase or other enzyme or additive that reduces phosphorus in poultry waste to the maximum extent that is commercially and biologically feasible.
(b)    Subject to the provisions of subsection (a) of this section, the Secretary shall adopt regulations to monitor compliance with subsection (a) of this section.
(c)    If the Secretary determines that the requirements set forth in subsection (a) of this section have a significant detrimental effect on poultry production or the poultry market, the Secretary shall:
(1)    Suspend the program for a reasonable period of time; or
(2)    Recommend to the General Assembly that the requirement be modified or terminated.
(d)    In developing regulations under subsection (b) of this section and in making a determination under subsection (c) of this section, the Secretary shall consult with the Delmarva poultry industry, the Maryland Farm Bureau, and the University of Maryland Department of Animal and Avian Science.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-107.2 - Assessments on Commercial Equine Feed

(a)    The Secretary may establish an assessment of up to $6 per ton on commercial equine feed that is sold in Maryland.
(b)    The assessment shall be paid by the person registering the feed according to the collection and reporting guidelines established by the Secretary by regulation.
(c)    Any assessments collected shall be paid into the Maryland Horse Industry Fund as provided in § 2–708.2 of this article.
(d)    The Secretary shall adopt regulations to:
(1)    Allow a person who purchases commercial equine feed in the State to request reimbursement of any assessment that was paid on the feed; and
(2)    Require that a purchaser of feed be notified, at the point of sale, of the possibility of reimbursement.
(e)    Notwithstanding any other provision of this subtitle, any funds collected under this section may be used only for education, research, and promotional materials and activities intended to benefit the Maryland equine industry.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-107.3 - Sale of Commercial Feed for Use as Poultry Feed

(a)    Except as provided in subsection (b) of this section, a person may not use, sell, or distribute for use or sale within the State any commercial feed intended for use as poultry feed that contains:
(1)    Roxarsone; or
(2)    Any other additive that contains arsenic.
(b)    A person may use, sell, or distribute for use or sale within the State any commercial feed intended for use as poultry feed that contains histostat.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-108 - Refusal or Cancellation of Registration; Changes in Guarantee of Composition of Registered Feed

(a)    The Secretary may refuse to register any commercial feed not in compliance with the provisions of this subtitle. He may cancel the registration of any commercial feed subsequently found not to be in compliance with any provision of this subtitle. However, no registration may be refused or canceled until the applicant or registrant has been given opportunity to be heard before the Secretary and to amend his application or the Secretary may allow the feed to be processed so that it complies with the requirements of this subtitle.
(b)    The Secretary may permit a change in the guarantee of either chemical or ingredient composition of a registered commercial feed, if there is satisfactory evidence that the change would not result in a lowering of the feeding value of the product for the purpose for which it is designed.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-109 - Commercial Feed to Be Labeled; Contents of Label; Placement

(a)    Any commercial feed, except customer-formula feed or contract feed, distributed in the State shall be accompanied by a legible label bearing the following information:
(1)    The net weight;
(2)    The name or brand under which the commercial feed is distributed;
(3)    The common or usual name of each ingredient used in manufacturing the commercial feed, unless the Secretary by rule or regulation, permits the use of a collective term for a group of ingredients which perform the same function;
(4)    The name and address of the person responsible for distributing the commercial feed; and
(5)    The guaranteed analysis of the commercial feed, listing the minimum percentage of crude protein, minimum percentage of crude fat, and maximum percentage of crude fiber, for mineral feeds the list shall include the following if added: minimum and maximum percentage of calcium (Ca), minimum percentage of phosphorous (P), minimum percentage of iodine (I), and minimum and maximum percentage of salt (NaCl). Other substances or elements, determinable by laboratory methods, may be guaranteed if permission of the Secretary is obtained. If any feed nutrient is guaranteed, it shall be subject to inspection and analysis in accordance with the methods and rules and regulations adopted by the Secretary. Products distributed solely as mineral or vitamin supplements and guaranteed as specified in this section need not show guarantees for protein, fat, or fiber.
(b)    When distributed in the State in bags or other containers, commercial feed shall bear the label placed on or affixed to the container. When distributed in bulk, the label shall accompany delivery and be furnished to the distributee at the time of delivery.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-110 - Labeling of Customer-Formula or Contract Feed; Information Required on Invoice

Each customer-formula feed or contract feed shall be labeled by invoice. The invoice, delivery ticket, or both shall accompany delivery, be supplied to the distributee at the time of delivery, and bear the following information:
(1)    Name and address of the mixer;
(2)    Name and address of the distributee;
(3)    Date of distribution; and
(4)    Number of pounds and name of each registered commercial feed used in the mixture and number of pounds and name of every other feed ingredient added.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-111 - Labeling of Feed Containing Poisonous, Deleterious, or Nonnutritive Substance

If a commercial feed, customer-formula feed, or contract feed contains a poisonous, deleterious, or nonnutritive substance which is intended for use in the diagnosis, cure, mitigation, or prevention of a disease, or which is intended to affect the structure or any function of the animal body, the Secretary may require the label to show any or all of the following: the amount of the substance present, directions for use, or warnings against misuse of the feed.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-112.1 - Commercial Feed

A person may not:
(1)    Adulterate or misbrand a commercial feed;
(2)    Distribute a commercial feed that is not registered with the Department;
(3)    Remove or dispose of a commercial feed in violation of a “stop sale” order issued under § 6–113 of this subtitle; or
(4)    Detach, alter, deface, or destroy, wholly or partially, any label or labeling required under this subtitle or Department regulations.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-113 - "Stop-Sale Orders"; Condemnation and Confiscation

(a)    The Secretary may issue and enforce a written stop-sale order to the owner, custodian, or distributor of any commercial feed that the Secretary finds is in violation of any provision of this subtitle or regulation under this subtitle, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, or the environment.
(b)    The order prohibits sale or distribution of the commercial feed until the Secretary has evidence that the feed is in compliance with the law and until the Secretary provides a written release from the stop-sale order.
(c)    The Secretary may file a petition for condemnation in the circuit court of the county in which the commercial feed is located. If the court finds the commercial feed to be in violation of the provisions of this subtitle and orders the condemnation, the commercial feed shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the State. The court may not dispose of the commercial feed without first giving the claimant an opportunity to apply to the court for release of it or for permission to process or relabel the commercial feed so that it complies with the provisions of this subtitle.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-115 - Report of Violations for Criminal Prosecution; Minor Violations

(a)    The State’s Attorney to whom any violation is reported shall institute appropriate judicial proceedings without delay. Before the Secretary reports a violation for prosecution, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and an opportunity to present his view, orally or in writing.
(b)    This subtitle does not require the Secretary to report for prosecution, or for institution of condemnation proceedings, any minor violation of the subtitle if he believes the public interests will be served best by a suitable written warning notice.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 1 - Maryland Commercial Feed Law › Section 6-116 - Injunctions

The Secretary may petition the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted under it, notwithstanding the existence of any other remedy at law. The injunction shall be issued without bond.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-205 - Publication of Information Concerning Fertilizers and Soil Conditioners

The Secretary shall publish at least annually, in any form he deems proper, (1) information concerning the distribution of commercial fertilizers and soil conditioners; (2) data on their production and use as he considers advisable; and (3) a report of the results of the analysis of official samples of these products distributed in the State as compared with the analyses guaranteed in the registration and the label. The published information concerning production and use of commercial fertilizers and soil conditioners may not disclose the operation of any person.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-206 - Inspection, Sampling, Testing, and Analyses of Commercial Fertilizer

(a)    The Secretary shall sample, inspect, test, and make analyses of any commercial fertilizer and soil conditioner distributed in the State at any time and place and to an extent the Secretary considers necessary to assure compliance with the provisions of this subtitle.
(b)    The Secretary shall adopt the methods of sampling and analysis from sources, such as the journal of the Association of Official Analytical Chemists, or methods that insure representative sampling and accurate examination.
(c)    In determining for administrative purposes whether a commercial fertilizer or soil conditioner is deficient in any component, the Secretary shall be guided solely by the official sample obtained and analyzed as provided by this subtitle.
(d)    The Secretary may enter any public or private premises, including any transportation vehicle, during regular business hours, to obtain access to commercial fertilizer or soil conditioners or to records relating to their distribution.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-207 - Registration

(a)    Except as provided in subsection (d) of this section, a distributor shall register each brand and grade of commercial fertilizer and each product name of soil conditioner before distributing it in the State and shall pay the registration fee.
(b)    The registration application shall be accompanied by a label or other printed matter describing the product, if requested by the Secretary. The application shall be submitted on forms furnished by the Secretary. Upon the Secretary’s approval, a copy of the registration shall be furnished to the applicant.
(c)    Each registration expires January 31 each year.
(d)    (1)    Provided the product label has not been altered or changed, a distributor shall not be required to register any brand and grade of commercial fertilizer or product name of soil conditioner which has been registered under this subtitle by another person.
(2)    A distributor shall not be required to register a commercial fertilizer mixed or blended according to a formula furnished by a consumer, but he shall label the fertilizer in the order and form provided in § 6–210(c) of this subtitle. However, any fertilizer mixed in advance of receipt of the customer’s specific order shall be registered.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-208 - Registration and Inspection Fees

(a)    For each brand and grade of commercial fertilizer and for each soil conditioner distributed in the State, the annual registration fee is $15 and the annual inspection fee is 25 cents per ton except:
(1)    For each brand and grade of commercial fertilizer and each soil conditioner distributed in packages of 10 pounds or less, the annual registration fee is $30, notwithstanding any other registration or inspection fee; and
(2)    For each brand and grade of commercial fertilizer and each soil conditioner distributed in packages of 10 pounds or less and in packages over 10 pounds, the annual $30 registration fee applies, and only the portion distributed in packages over 10 pounds is subject to the inspection fee of 25 cents per ton.
(b)    (1)    Mixed-to-order, buyer’s mixture, or custom-mix fertilizer is exempted from the registration fee, but the inspection fee shall be paid.
(2)    Distribution of fertilizer materials to manufacturers or exchange between them is exempted.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-209 - Semiannual Statement of Tonnage Sold; Report of Sales to Nonregistrant

(a)    Each person who registers any commercial fertilizer or soil conditioner in the State shall furnish the Secretary with a semiannual written statement of the tonnage of each grade of commercial fertilizer or each soil conditioner distributed in the State. This statement shall include every sale for the periods of January 1 through June 30 and July 1 through December 31 of each year.
(b)    If the tonnage report is not filed and the inspection fee is not paid within 31 days after the end of the semiannual period, a collection fee amounting to 10 percent of the amount, or a minimum of $10, shall be assessed against the registrant. The amount of fees due constitute a debt and may become the basis of a judgment against the registrant.
(c)    Any person who distributes any commercial fertilizer or soil conditioner shall keep records necessary or required by the Secretary to indicate accurately the tonnage of commercial fertilizer and soil conditioner distributed in the State. The Secretary has the right to examine the records to verify any statement of tonnage.
(d)    Each registrant distributing or selling commercial fertilizer to a nonregistrant shall mail to the Secretary within ten days, excluding legal holidays and Sundays, after the last day of each month a statement showing the following information for that month: (1) the total tons of commercial fertilizer distributed by grades and analyses, (2) the counties to which it was distributed, and (3) the form in which the commercial fertilizer was shipped, such as, bags, bulk, or liquid. If more than one person is involved in the distribution of commercial fertilizer, the last registrant who distributes to a nonregistrant, whether a dealer or consumer, is responsible for reporting tonnage, unless a prior distributor has reported.
(e)    This section does not require the disclosure of the name of the consignee or the sale price of the commercial fertilizer or any aspect of the operations of any person other than as specifically required. No information furnished pursuant to this section shall be disclosed in a way so as to divulge the operation of any person.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-209.1 - Records of Sale or Distribution of Ammonium Nitrate Fertilizer

(a)    A distributor shall maintain, for at least 2 years, a record of all sales or distributions of ammonium nitrate fertilizer including:
(1)    The date of sale or delivery of the fertilizer;
(2)    The name, address, and copy of the driver’s license or picture identification card of the buyer or recipient;
(3)    The quantity of fertilizer sold or delivered; and
(4)    Any other information required by the Secretary.
(b)    Records maintained pursuant to subsection (a) of this section shall be made available to the Secretary upon request.
(c)    (1)    Except as provided in paragraph (2) of this subsection, the Secretary shall maintain all records or reports requested under subsection (b) of this section in a manner that protects the identity and location of the distributor and buyer or recipient.
(2)    If the Secretary determines that the disclosure is necessary to protect the public, the Secretary may disclose the identity and location of the distributor and buyer or recipient to a federal, State, or local government or unit of government that requests the information in the course of performing its duties related to public safety.
(d)    In consultation with the Office of Homeland Security, the Secretary shall adopt regulations to carry out the provisions of this section.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-210.1 - Commercial Fertilizer -- Required Signage at Retail Outlets

(a)    Any retail outlet distributing commercial fertilizer in bags weighing 50 pounds or more shall display prominently a sign advising customers that:
(1)    Overuse of commercial fertilizer damages State waters, including the Chesapeake Bay; and
(2)    Customers concerned with protecting and restoring the health of the Chesapeake Bay and other State waters should, before using a commercial fertilizer, receive a chemical analysis of the soil to be fertilized from a soil-testing laboratory.
(b)    The Department shall develop and make available at no cost to an affected retailer a sign that meets the requirements of subsection (a) of this section.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-212 - Short Weight

If the Secretary finds that a consumer possesses any commercial fertilizer or soil conditioner short in weight, the registrant of the product shall pay the consumer a penalty equal to two times the value of the actual shortage within 30 days after official notice of the Secretary.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-213 - Change in Plant Nutrient Content

The plant nutrient content of each commercial fertilizer shall remain uniform for the period of registration. No percentage of any guaranteed plant nutrient element may be changed in a manner that lowers the crop-producing quality of the commercial fertilizer, even if the fertilizer is registered subsequently.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-214 - Disposition of Fertilizer or Soil Conditioner Found in Violation of Subtitle

(a)    The Secretary may issue and enforce a written stop-sale order to the registrant, owner, custodian, or distributor of any fertilizer or soil conditioner that the Secretary finds is in violation of any provision of this subtitle or regulation under this subtitle, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, plants, or the environment.
(b)    The order prohibits sale or distribution of the fertilizer or soil conditioner until the Secretary:
(1)    Has evidence that the product is in compliance with the law; and
(2)    Provides a written release from the stop-sale order.
(c)    The Secretary may petition the circuit court of the county in which the commercial fertilizer or soil conditioner is located, if the fertilizer is located there, to seize any lot of commercial fertilizer or soil conditioner not in compliance with this subtitle. If the court finds the material to be in violation of the provisions of this subtitle and orders condemnation of the commercial fertilizer or soil conditioner, the material shall be disposed of in any manner consistent with the quality of the commercial fertilizer or soil conditioner and the laws of the State. The court may not dispose of the material without first giving the claimant an opportunity to apply to the court for release of it or for permission to process or relabel it so that it complies with the provisions of this subtitle.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-215 - Official Analysis Prima Facie Evidence of Composition

In any prosecution under this subtitle relating to the composition of a lot of commercial fertilizer or soil conditioner, a certified copy of the official analysis signed by the Secretary or the State Chemist is prima facie evidence of the composition.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-216 - Report of Violations for Criminal Prosecution; Minor Violations

(a)    The State’s Attorney to whom any violation is reported shall institute appropriate judicial proceedings without delay. Before the Secretary reports a violation for prosecution, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and an opportunity to present his view, orally or in writing, with regard to the contemplated proceeding.
(b)    This subtitle does not require the Secretary to report for prosecution or for institution of condemnation proceedings any minor violation of the subtitle when he believes the public interests will be served best by a suitable written warning notice.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-217 - Injunctions

The Secretary may petition the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted under it, notwithstanding the existence of any other remedy at law. The injunction shall be issued without bond.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-218 - Refusal or Cancellation of Registration

The Secretary may refuse to register or cancel the registration of any brand of commercial fertilizer or soil conditioner upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in evasions or attempted evasions of the provisions of this subtitle or any rules and regulations adopted under it. However, no registration may be refused or revoked until the registrant has been given the opportunity to appear for a hearing by the Secretary.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-219 - Deficiencies or Excesses in Plant Nutrients

(a)    To determine the commercial value to be applied in subsection (b) of this section, the Secretary shall determine and publish annually the values per pound of nitrogen, available phosphate, soluble potash and other plant nutrients in commercial fertilizers in the State as determined by the Secretary.
(b)    If an official analysis of a lot shows that a commercial fertilizer is deficient in a guaranteed primary plant nutrient, that is nitrogen, available phosphate, and soluble potash, beyond the investigational allowance as established by rule or regulation, the Secretary shall assess against the registrant a penalty of three times the commercial value of the deficiency in the lot analyzed if the deficiency is confirmed in a hearing before him.
(c)    The Secretary shall evaluate other deficiencies or excesses beyond the investigational allowance established by rule or regulation in any other constituent covered under § 6–201(l) of this subtitle which the registrant is required to or may guarantee, and he shall prescribe the penalty for any deficiency or excess.
2023 Maryland Statutes › Agriculture › Title 6 - Commercial Feed and Fertilizer and Agricultural Liming Materials › Subtitle 2 - Maryland Commercial Fertilizer Law › Section 6-221 - Regulations Regarding Product Standards

(a)    The Secretary shall adopt regulations in consultation with the State Department of the Environment to establish product standards for compost intended for commercial use and distribution.
(b)    The regulations adopted under subsection (a) of this section shall include:
(1)    Certification requirements for operators of composting facilities; and
(2)    A classification scheme for compost.
(c)    To the greatest extent practicable, the regulations adopted under subsection (a) of this section shall be consistent with applicable national standards and with relevant standards which may have been developed in neighboring states.