reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Agriculture › Title 11 - Weights and Measures › Subtitle 4 - Milk and Other Fluid Dairy Products › Section 11-414 - Penalty for Violating 11-409, 11-410, or 11-411 of This Subtitle

(a)    Any person who violates § 11–409, § 11–410, or § 11–411 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not less than $100 and not exceeding $1,000, or imprisonment of not more than nine months, or both, with costs imposed in the discretion of the court.
(b)    Any person found guilty of a second or subsequent violation of § 11–409, § 11–410, or § 11–411 of this subtitle is subject to a fine of not less than $1,000, or imprisonment of not less than nine months, or both, with costs imposed in the discretion of the court.
2023 Maryland Statutes › Agriculture › Title 12 - Penalties and Fines › Subtitle 1 - Penalties and Fines › Section 12-101 - Penalty for First Offense

Any person who violates any provision of this article is guilty of a misdemeanor. Unless another penalty specifically is provided elsewhere in this article, the person, upon conviction, is subject to a fine not exceeding $500, or imprisonment not exceeding three months, or both, with costs imposed in the discretion of the court.
2023 Maryland Statutes › Agriculture › Title 12 - Penalties and Fines › Subtitle 1 - Penalties and Fines › Section 12-102 - Penalty for Second or Subsequent Offense

Unless another penalty specifically is provided elsewhere in this article, any person found guilty of a second or subsequent violation of any provision of the same title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court. For the purposes of this section, a second or subsequent violation is one which has occurred within two years of any prior violation of this title and which arises out of a separate set of circumstances.
2023 Maryland Statutes › Agriculture › Title 12 - Penalties and Fines › Subtitle 1 - Penalties and Fines › Section 12-103 - Violation of Rule or Regulation

In addition to any administrative penalty provided in this article, violation of any rule or regulation adopted by the Secretary pursuant to the provisions of this article is a misdemeanor and is punishable as provided in §§ 12–101 and 12–102 of this subtitle.
2023 Maryland Statutes › Agriculture › Title 12 - Penalties and Fines › Subtitle 1 - Penalties and Fines › Section 12-104 - Exception to Title

This title does not apply to a violation of:
(1)    Title 1, Subtitle 3 of this article;
(2)    Title 2, Subtitle 17 of this article; and
(3)    Title 5, Subtitle 2A of this article.
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Fair market value” means the value established by a contract or by the Department for a loss of grain at the time of the loss.
(c)    “Grain” means:
(1)    Corn;
(2)    Wheat;
(3)    Rye;
(4)    Oats;
(5)    Barley;
(6)    Sorghum;
(7)    Soybeans; and
(8)    Sunflowers.
(d)    (1)    “Grain dealer” means a person who is in the business of buying, receiving, exchanging, or storing grain from a person who grows grain.
(2)    “Grain dealer” does not mean a farmer who buys, receives, exchanges, or stores grain for use in the farming business of that farmer.
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-202 - Administration Fund

(a)    There is an Administration Fund which is established for the purpose of:
(1)    Paying the expenses incurred in the administration of the licensing program provided for in this subtitle; and
(2)    Preparing the annual Directory of Grain Dealers as required by § 13-206 of this subtitle.
(b)    The Fund shall be administered by the State Department of Agriculture.
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-203 - Grain Dealer's Licenses; Fee; Expiration

(a)    A person may not be a grain dealer without first obtaining an annual grain dealer’s license from the Secretary.
(b)    Each license shall be issued upon payment of the applicable fee required by subsection (d) of this section and providing proof of adequate insurance under § 13–212 of this subtitle and shall be effective until December 31, following, unless revoked.
(c)    Fees collected for the issuance of licenses under this subtitle shall be deposited in the Administration Fund.
(d)    The fees for the different types of grain dealers’ licenses are as follows:
Bushels of grain anticipated to be
handled in the year of license
application rounded to the nearest
Type of license    100 bushels                        Annual license fee
A                       1 to 49,999                  $�50
B                  50,000 to 99,999                  $100
C                100,000 to 499,999                  $200
D                500,000 and above                  $300
(e)    (1)    In determining the type of license to issue under this section, the Secretary may rely on representations of the number of bushels of grain handled in the most recent grain records of the grain dealer.
(2)    For a person who is applying for licensure as a grain dealer for the first time in this State, the Secretary may rely on the representations made by the person of the number of bushels of grain that the person anticipates handling in the year for which the license is sought.
(f)    (1)    A person who applies for renewal or original licensure as a grain dealer shall make an oath under penalty of perjury that all representations made by the person in the most recent grain records are true and correct.
(2)    A person immediately shall notify the Department if their status as to the type of license changes.
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-204 - Records of Grain Dealers

(a)    A grain dealer shall:
(1)    Keep grain records showing the amount of grain bought, received, exchanged, or stored in the dealer’s grain business;
(2)    Keep grain records at each place of business or at a central location within the State;
(3)    Keep grain records for 3 years; and
(4)    Make grain records available to the Secretary upon request.
(b)    (1)    If the Secretary reasonably believes that a person is acting as a grain dealer, and refuses to make business records available upon request, the Secretary may subpoena the business records of that person.
(2)    If a person fails to comply with a subpoena issued under this section, on petition of the Secretary, a court of competent jurisdiction may compel obedience to the subpoena and the production of business records.
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-205 - Disposition of Funds

(a)    Money placed in the Administration Fund shall be used as follows:
(1)    To pay the expenses incurred in the administration of the licensing program provided for in this subtitle; and
(2)    To prepare the annual Directory of Grain Dealers, as required by § 13-206 of this subtitle.
(b)    Notwithstanding any other provision of this Code, any unexpended funds up to $50,000 may not revert to the General Fund of this State at the end of the fiscal year.
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-208 - Grounds for Refusal, Suspension, or Revocation of License

The Secretary may refuse to issue a license or may suspend or revoke a license for:
(1)    Fraudulent or deceptive statements on an application for a license;
(2)    Failure to comply with any of the provisions of this subtitle or the rules or regulations adopted pursuant to it; or
(3)    Failure to maintain adequate insurance on all grain received into the physical control or possession of the grain dealer.
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-209 - Notice Prior to Suspension or Revocation; Review

(a)    Before any license is suspended or revoked, the Secretary shall give the licensee at least 10 days’ written notice of the decision to suspend or revoke the license.
(b)    Any person aggrieved by a decision made under this section may seek review of that decision under Title 2, Subtitle 4 of this article.
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-211 - Insurance

(a)    Each person licensed under the provisions of this subtitle shall insure and at all times keep insured, in his own name or as a coinsurer, all of the grain in the actual, physical control of the licensee.
(b)    The amount of the insurance shall be the fair market value of the grain.
(c)    The insurance shall include coverage against loss or damage by fire, lightning, inherent explosion, windstorm, cyclone, tornado, or other act of God.
(d)    In the event of any loss or damage to grain or to the warehouse or warehouses, whether or not the loss was insured against, the grain dealer shall immediately notify the Secretary, and at the grain dealer’s own expense promptly take the steps necessary to collect any money which may be due as indemnity for the loss or damage.
(e)    Upon request of the Secretary, each person licensed under this subtitle shall provide proof of insurance coverage as required by this section.
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-212 - Financial Statement and Bond

(a)    A license may not be issued or renewed under this subtitle until the applicant has:
(1)    (i)    Filed with the Secretary a financial statement, as provided in subsection (b) of this section, establishing the net worth of the applicant’s grain business; or
(ii)    Posted a surety bond, irrevocable letter of credit, or cash guaranty at least as large as the following amounts for the different types of licenses:
Type of license    Minimum ammounts
A        $�15,000
B        $35,000
C        $100,000
D        $100,000; and
(2)    Demonstrated proof of insurance coverage as required by this subtitle.
(b)    (1)    An applicant for a Type A or B license shall submit a financial statement that:
(i)    Is prepared and signed by a person other than the applicant or a member of the applicant’s business or family;
(ii)    Establishes a net worth for the applicant; and
(iii)    Is signed by the applicant.
(2)    A Type C or D license may not be issued or renewed under this subtitle until the applicant has:
(i)    Filed with the Secretary a financial statement reviewed by a certified public accountant establishing the net worth of the applicant’s business as provided in paragraph (3) of this subsection; or
(ii)    Filed with the Secretary a letter from a certified public accountant stating that a review of the applicant’s business records shows a net worth as provided in paragraph (3) of this subsection.
(3)    The financial statement shall indicate a minimum net worth for each type of grain dealer’s license as follows:
Type of license    Minimum ammounts
A        $�15,000
B        $35,000
C        $100,000
D        $100,000
2023 Maryland Statutes › Agriculture › Title 13 - Grain › Subtitle 2 - Grain Dealers Licensing › Section 13-216 - Civil Penalty

(a)    Instead of or in addition to suspension or revocation of a license under this subtitle, the Secretary may impose a civil penalty of not more than $5,000.
(b)    A penalty collected by the Secretary under this section shall be paid into the Administration Fund as provided by § 13-205 of this subtitle.
(c)    The Secretary shall adopt regulations necessary to implement this section.
2023 Maryland Statutes › Agriculture › Title 14 - Hemp › Subtitle 1 - Definitions › Section 14-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Fund” means the Hemp Farming Fund established under § 14–304 of this title.
(c)    (1)    “Hemp” means the plant Cannabis sativa L. and any part of that plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.
(2)    “Hemp” does not include any plant or part of a plant intended for a use that is regulated under Title 13, Subtitle 33 of the Health – General Article.
(d)    “Hemp product” means a product derived from hemp produced in accordance with Subtitle 3 of this title.
(e)    “Independent testing laboratory” has the meaning stated in § 13–3301 of the Health – General Article.
(f)    “Institution of higher education” has the meaning stated in the federal Higher Education Act of 1965.
2023 Maryland Statutes › Agriculture › Title 14 - Hemp › Subtitle 3 - Hemp Production › Section 14-302 - Intent of General Assembly

It is the intent of the General Assembly that:
(1)    Hemp be established as an agricultural commodity;
(2)    Hemp produced in accordance with this subtitle may be:
(i)    Possessed in the State; and
(ii)    Sold, distributed, transported, marketed, manufactured, or processed in the State or outside the State; and
(3)    Hemp produced outside the State in a state that authorizes the production of hemp may be sold, distributed, transported, marketed, manufactured, or processed in the State.
2023 Maryland Statutes › Agriculture › Title 14 - Hemp › Subtitle 3 - Hemp Production › Section 14-303 - Hemp Farming Program

(a)    There is a Hemp Farming Program.
(b)    The purpose of the Program is to:
(1)    Promote the production of hemp in the State;
(2)    Promote the commercial sale of hemp products in the State or outside the State;
(3)    Facilitate the research of hemp and hemp products between institutions of higher education and the private sector; and
(4)    Monitor and regulate the production of hemp in the State.
(c)    The Department shall administer the Program.
2023 Maryland Statutes › Agriculture › Title 14 - Hemp › Subtitle 3 - Hemp Production › Section 14-304 - Hemp Farming Fund

(a)    There is a Hemp Farming Fund.
(b)    The purpose of the Fund is to defray the costs of administering and enforcing the Program.
(c)    The Department 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)    Revenue distributed to the Fund under § 14–306 of this subtitle;
(2)    Money appropriated in the State budget to the Fund;
(3)    Interest earnings of the Fund; and
(4)    Any other money from any other source accepted for the benefit of the Fund.
(f)    The Fund may be used only for the costs associated with administering and enforcing the Program.
(g)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the Fund.
2023 Maryland Statutes › Agriculture › Title 14 - Hemp › Subtitle 3 - Hemp Production › Section 14-305 - Plan for Monitoring and Regulating Hemp Production

(a)    The Department, in consultation with the Governor and the Attorney General, shall establish a plan for monitoring and regulating the production of hemp in the State.
(b)    (1)    The plan required under subsection (a) of this section shall include:
(i)    A practice to maintain, for a period of not less than 3 calendar years, relevant information regarding the land on which hemp is produced, including a legal description of the land;
(ii)    A procedure for testing, using postdecarboxylation or another similarly reliable method, the delta–9–tetrahydrocannabinol concentration levels of hemp produced in the State;
(iii)    A procedure for the effective disposal of:
1.    Plants, whether growing or not, that are produced in violation of this subtitle; and
2.    Products derived from plants that are produced in violation of this subtitle;
(iv)    A procedure for the enforcement of this subtitle;
(v)    A procedure for conducting annual inspections that include, at a minimum, a random sample of hemp producers to verify that hemp is being produced in accordance with this subtitle;
(vi)    A procedure for submitting to the Secretary of the U.S. Department of Agriculture within 30 days of receipt by the Department:
1.    The contact information for each person licensed to produce hemp;
2.    The legal description of the land on which hemp is produced; and
3.    The status of each license and any changes to the status of a license; and
(vii)    A certification that the State has the resources and personnel to carry out the practices and procedures required under the plan.
(2)    The plan required under subsection (a) of this section may include any other practice or procedure that is consistent with federal law.
(c)    (1)    The Department shall submit the plan required under subsection (a) of this section to the Secretary of the U.S. Department of Agriculture for approval.
(2)    If the Secretary of the U.S. Department of Agriculture does not approve the plan submitted under paragraph (1) of this subsection, the Department shall:
(i)    Amend the plan; and
(ii)    Submit the amended plan to the Secretary of the U.S. Department of Agriculture.
2023 Maryland Statutes › Agriculture › Title 14 - Hemp › Subtitle 3 - Hemp Production › Section 14-306 - Licensing Procedure

(a)    The Department shall establish a procedure for licensing the production of hemp in accordance with the plan established under § 14–305 of this subtitle.
(b)    The Department may set reasonable fees for the issuance and renewal of licenses and other services the Department provides under this subtitle.
(c)    The Department shall pay all funds collected under this section into the Fund.
2023 Maryland Statutes › Agriculture › Title 14 - Hemp › Subtitle 3 - Hemp Production › Section 14-308 - License Required

(a)    This section does not apply to an institution of higher education or a person that produces hemp under the Hemp Research Pilot Program in accordance with Subtitle 2 of this title.
(b)    A person may not produce hemp in the State unless the person is licensed by:
(1)    The Department; or
(2)    The Secretary of the U.S. Department of Agriculture.
2023 Maryland Statutes › Agriculture › Title 14 - Hemp › Subtitle 3 - Hemp Production › Section 14-309 - Prohibited Acts; Penalties

(a)    (1)    A person may not knowingly:
(i)    Fail to comply with the Department’s plan for monitoring and regulating the production of hemp established under § 14–305 of this subtitle;
(ii)    Misrepresent or fail to provide the legal description of land on which hemp is produced;
(iii)    Produce hemp without a valid license; or
(iv)    Produce plants, or any part of a plant, that exceeds a delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis.
(2)    The Department shall report a person that knowingly violates this subtitle to the Attorney General and the U.S. Attorney.
(b)    (1)    If the Department determines that a person negligently violated this subtitle, the Department shall require the person to correct the violation, including requiring that:
(i)    The violation be corrected by a reasonable date; and
(ii)    The person report to the Department, at a frequency determined by the Department and for a period of not less than 2 calendar years, to verify compliance with this subtitle.
(2)    If a person is found by the Department to have negligently violated this subtitle three times in a 4–year period, the person may not produce hemp in the State for a period of 5 years beginning on the date of the third violation.
2023 Maryland Statutes › Agriculture › Title 15 - Research Facilities That Use Dogs or Cats › Section 15-101 - Adoption of Dog or Cat Used for Scientific Research

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Animal rescue organization” includes:
(i)    A nonprofit organization incorporated for the purpose of rescuing animals in need and finding permanent adoptive homes for the animals; and
(ii)    A government–operated animal control unit that provides animals for adoption.
(3)    “Research facility” includes:
(i)    A higher education research facility;
(ii)    A scientific research facility;
(iii)    A medical research facility; and
(iv)    A product testing facility.
(4)    “Scientific research purposes” includes:
(i)    Investigation;
(ii)    Experimentation;
(iii)    Instruction; and
(iv)    Testing.
(b)    This section applies to a dog or cat that, in the determination of an attending veterinarian, is suitable for adoption.
(c)    A research facility located in the State in which dogs or cats are used for scientific research purposes shall take reasonable steps to provide for the adoption of a dog or cat that, in the determination of the research facility, is no longer needed for scientific research purposes by:
(1)    Establishing a private placement process to provide for the adoption of a dog or cat;
(2)    Establishing a list of animal rescue organizations that are approved by the research facility and are willing to take a dog or cat from the research facility; and
(3)    Offering the dog or cat to the animal rescue organizations identified in the list established under item (2) of this subsection if the research facility is unable to place the dog or cat through its private placement process.
(d)    A research facility may enter into a collaborative agreement with an animal rescue organization for the purpose of carrying out the provisions of this section.
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-101 - Definitions [Title Subject to Contingent Abrogation]

(a)    In this title the following words have the meanings indicated.
(b)    “Covered activity” has the meaning stated in 21 C.F.R. § 112.3, as amended.
(c)    “Covered farm” means a farm or a farm mixed–type facility for which, on a rolling basis, the average annual monetary value of produce sold during the previous 3–year period is more than $25,000, adjusted for inflation using 2011 as the baseline year for calculating the adjustment.
(d)    “Covered produce” has the meaning stated in 21 C.F.R. § 112.3, as amended.
(e)    “Farm” has the meaning stated in 21 C.F.R. § 112.3, as amended.
(f)    “Federal standards” means the federal standards established by the U.S. Food and Drug Administration under 21 C.F.R. Part 112, as amended, for growing, harvesting, packing, and holding produce for human consumption.
(g)    “Mixed–type facility” has the meaning stated in 21 C.F.R. § 112.3, as amended.
(h)    “Program” means the Maryland Produce Safety Program.
(i)    “Qualified exemption” means a qualified exemption granted by the Secretary to a farm in accordance with 21 C.F.R. § 112.5, as amended.
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-102 - Program Established [Title Subject to Contingent Abrogation]

(a)    There is a Maryland Produce Safety Program in the Department.
(b)    The purpose of the Program is to reduce the risk of adverse impacts on human health from the consumption of contaminated produce.
(c)    The Program shall conform with the federal standards for growing, harvesting, packing, and holding produce for human consumption.
(d)    (1)    The Secretary shall administer and enforce the Program.
(2)    The Secretary may:
(i)    Delegate the Secretary’s authority to enforce the standards for sprouts established under 21 C.F.R. Part 112, Subpart M, to the Secretary of Health;
(ii)    Grant a qualified exemption to a farm; and
(iii)    On notice and opportunity to be heard, and in accordance with 21 C.F.R. Part 112, Subpart R, suspend or revoke a qualified exemption granted to a farm by the Secretary.
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-103 - Compliance With Program and Federal Requirements [Title Subject to Contingent Abrogation]

(a)    Except as provided in subsection (b) of this section, when conducting a covered activity on covered produce, a covered farm shall comply with the requirements of the Program.
(b)    When conducting a covered activity on covered produce, a farm that has a qualified exemption shall comply with:
(1)    The requirements established under 21 C.F.R. Part 112, Subparts A, O, Q, and R, as amended; and
(2)    The modified requirements established under 21 C.F.R. § 112.6(b).
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-104 - Records; Confidentiality [Title Subject to Contingent Abrogation]

(a)    A covered farm, including a farm that has a qualified exemption, shall:
(1)    Keep and maintain accurate records in accordance with the requirements of the Program; and
(2)    Make any record required to be kept under item (1) of this subsection available to the Secretary on request.
(b)    (1)    Except as provided in paragraph (2) of this subsection, any record submitted to the Secretary under subsection (a) of this section is confidential and not subject to disclosure under the Maryland Public Information Act.
(2)    The Secretary may disclose records:
(i)    To the U.S. Food and Drug Administration; and
(ii)    In any enforcement proceeding by the Secretary.
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-105 - Inspections by Secretary; Stop-Sale Orders [Title Subject to Contingent Abrogation]

(a)    The Secretary may:
(1)    Enter a covered farm, including a farm that has a qualified exemption, at a reasonable time, to inspect farm facilities, covered produce inventory, and any records that are required to be kept under § 16–104 of this title;
(2)    Copy any record that is required to be kept under § 16–104 of this title;
(3)    Take a reasonable sample of covered produce inventory to determine whether the farm is in compliance with the requirements of the Program; and
(4)    Enter a farm that claims it is not subject to the requirements of the Program, based on the average annual monetary value of produce sold by the farm during the previous 3–year period, to inspect and verify the farm’s produce sales records.
(b)    (1)    Subject to paragraph (2) of this subsection, if the Secretary finds that a farm is in violation of the requirements of the Program, the Secretary may issue and enforce a written or printed stop–sale order to the farm.
(2)    A stop–sale order issued by the Secretary under this subsection shall remain in effect until the Secretary:
(i)    Finds the farm to be in compliance with the requirements of the Program; and
(ii)    Provides a written release from the stop–sale order.
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-107 - Action for Injunction [Title Subject to Contingent Abrogation]

(a)    The Secretary may bring an action for an injunction against a person to:
(1)    Enforce the requirements of the Program;
(2)    Enforce an order issued by the Secretary under this title; or
(3)    Prevent or restrain a violation of this title.
(b)    In an action for an injunction brought under this section, the Secretary does not have to allege or prove that:
(1)    An adequate remedy at law does not exist; or
(2)    Substantial or irreparable damage would result from the continued violations.
(c)    An injunction instituted under this section shall be issued without bond.
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-108 - Detention of Covered Produce [Title Subject to Contingent Abrogation]

(a)    If the Secretary finds that covered produce is in violation of the requirements of the Program, the Secretary may detain the covered produce for a period that does not exceed 30 consecutive days.
(b)    Any covered produce detained by the Secretary under this section shall be detained pending condemnation proceedings or notification of any federal or other governmental authority having jurisdiction over the covered produce.
(c)    A person may not remove any covered produce detained by the Secretary under this section until the Secretary releases the covered produce.
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-109 - Condemnation of Covered Produce [Title Subject to Continent Abrogation]

(a)    If the Secretary finds that covered produce is in violation of the requirements of the Program, the Secretary may file a petition for condemnation of the covered produce in the circuit court of the county in which the covered produce was found.
(b)    If a circuit court issues an order for condemnation of covered produce based on a finding that the produce is adulterated and unfit for human consumption, the finding shall be based on scientific fact, information, or criteria.
(c)    (1)    Subject to paragraphs (2) and (3) of this subsection, if a circuit court issues an order for condemnation of covered produce under this section, the covered produce shall be disposed of in the manner the court orders.
(2)    If a circuit court orders the sale of covered produce:
(i)    The proceeds from the sale, less the expenses associated with the condemnation procedure, including court costs, fees, and storage costs, shall be paid into the General Fund of the State; and
(ii)    The sale of covered produce shall comply with the requirements of the Program.
(3)    On execution and delivery of a good and sufficient bond prohibiting the sale or any other disposal of the covered produce that would violate the requirements of the Program, the circuit court may order that the covered produce be delivered to the owner of the covered produce, subject to the supervision of the Secretary.
(d)    If the circuit court orders covered produce to be condemned, after the covered produce is released under bond or destroyed, the person intervening as a claimant of the covered produce is responsible for expenses associated with the condemnation procedure, including court costs, fees, and storage costs.
(e)    (1)    All proceedings held under this section shall be at the suit of and in the name of the State.
(2)    Subject to paragraph (3) of this subsection, to the extent possible, the proceedings for libel actions shall conform to the proceedings for admiralty actions.
(3)    Either party in a libel action may demand a jury trial of any issue of fact joined in any case.
(f)    This section may not be construed to limit or alter any other authority provided in State or federal law for condemnation or seizure.
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-110 - Subpoenas; Administrative Search Warrants [Title Subject to Contingent Abrogation]

(a)    The Secretary may:
(1)    Issue a subpoena to compel testimony or the production of any record required to be kept under § 16–104 of this title; and
(2)    File a petition in a court of competent jurisdiction for an order of contempt against a person that, without lawful excuse, fails to obey the subpoena.
(b)    (1)    The Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a private premises to conduct any inspection required or authorized by law to determine compliance with the requirements of the Program.
(2)    An application for an administrative search warrant under this section shall:
(i)    Be in writing;
(ii)    Be verified by the applicant; and
(iii)    Describe the premises to be searched and the nature, scope, and purpose of the search.
(3)    A judge who receives an application for an administrative search warrant may issue a warrant on a finding that:
(i)    The scope of the proposed search is reasonable; and
(ii)    A request to enter the premises has otherwise been denied.
(4)    (i)    An administrative search warrant issued under this section shall specify the location of the premises to be searched.
(ii)    A search conducted in accordance with an administrative search warrant issued under this section may not exceed the limits specified in the warrant.
(5)    An administrative search warrant issued under this section shall be executed and returned to the issuing judge:
(i)    Within the period specified in the warrant, which may not exceed 30 days after the date of issuance; or
(ii)    Within 15 days after the date of issuance, if no period is specified in the warrant.
2023 Maryland Statutes › Agriculture › Title 16 - Maryland Produce Safety Program › Section 16-111 - Penalties and Fines [Title Subject to Contingent Abrogation]

(a)    A person that violates this title is subject to the penalties and fines set forth in Title 12 of this article.
(b)    (1)    Instead of or in addition to any other penalty authorized under this article, the Secretary may impose a civil penalty on a person not exceeding $5,000 for each violation of:
(i)    This title; or
(ii)    Any order issued by the Secretary under this title.
(2)    Penalties collected by the Secretary under this subsection shall be paid into the General Fund of the State.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 2 - Statement of Policy; Construction of Article › Section 1-201 - Statement of Policy

(a)    (1)    (i)    To obtain respect and obedience to law and to foster and promote temperance, it is the policy of the State to regulate and control:
1.    the manufacture, sale, distribution, transportation, and storage of alcoholic beverages in the State; and
2.    the transportation and distribution of alcoholic beverages into and out of the State.
(ii)    To carry out this policy in the best public interest, it is the intent of the General Assembly that the Commission, Executive Director, local licensing boards, liquor control boards, enforcement officers, and judges of the courts of the State be empowered to administer and enforce this article.
(2)    It is also the policy of the State to:
(i)    tax alcoholic beverages as provided in the Tax – General Article; and
(ii)    deny to a political subdivision in the State, by public general or public local law, the power to impose a tax on distilled spirits, beer, wine, and all other alcoholic beverages.
(3)    The restrictions, regulations, provisions, and penalties contained in this article are for the protection, health, welfare, and safety of the people of the State.
(b)    (1)    It continues to be the policy of the State to authorize the exercise of the powers provided by this article to displace or limit economic competition by regulating and engaging in the sale or distribution of alcoholic beverages to:
(i)    obtain respect and obedience to law;
(ii)    foster and promote temperance;
(iii)    prevent deceptive, destructive, and unethical business practices; and
(iv)    promote the general welfare of its residents by controlling the sale and distribution of alcoholic beverages.
(2)    The officials and units granted powers by this article to regulate and engage in the alcoholic beverages industry may:
(i)    displace or limit economic competition by regulating and engaging in the sale or distribution of alcoholic beverages on an exclusive basis as provided in this article; and
(ii)    adopt and enforce regulations authorized by this article notwithstanding any anticompetitive effect.
(3)    The powers granted to an official or a unit in accordance with this subsection do not:
(i)    grant to the official or unit powers in any substantive area not otherwise granted to the official or unit by other public general or public local law;
(ii)    restrict the official or unit from exercising any power granted to the official or unit by other public general or public local law or otherwise;
(iii)    authorize the official or unit or officers of the unit to engage in any activity that is beyond their power under a public general or public local law or otherwise; or
(iv)    preempt or supersede the regulatory authority of a State unit under a public general law.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 2 - Statement of Policy; Construction of Article › Section 1-202 - Construction of Article

(a)    To the extent that a statement of a general rule of law conflicts or is inconsistent with an exception or a qualification applicable to a special area, particular person, or set of circumstances, the exception or qualification prevails.
(b)    A provision in Division II of this article prevails over a conflicting or inconsistent provision in Division I of this article or a provision in the Tax – General Article relating to alcoholic beverages.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 2 - Statement of Policy; Construction of Article › Section 1-203 - Added Fees or Taxes by Municipalities -- Prohibited

A municipality may not impose an additional license fee or tax other than the usual property tax on alcoholic beverages or the exercise of a privilege conferred by a license.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 3 - Alcohol, Tobacco, and Cannabis Commission › Section 1-303 - Membership

(a)    (1)    The Commission consists of five members to be appointed by the Governor with the advice and consent of the Senate.
(2)    The presiding officer of either House of the General Assembly may recommend to the Governor a list of individuals for appointment to the Commission.
(3)    Of the Commission members:
(i)    one shall be knowledgeable and experienced in public health matters;
(ii)    one shall be knowledgeable and experienced in law enforcement matters;
(iii)    one shall be knowledgeable and experienced in the alcoholic beverages industry; and
(iv)    two shall be members of the public who are knowledgeable and experienced in fiscal matters and shall have substantial experience:
1.    as an executive with fiduciary responsibilities in charge of a large organization or foundation;
2.    in an academic field relating to finance or economics; or
3.    as an accountant, an economist, or a financial analyst.
(4)    In addition to the members appointed under paragraph (3) of this subsection, the Secretary of Health and the Secretary of State Police, or their designees, may participate in the Commission as ex officio nonvoting members.
(b)    At the time of appointment, each member of the Commission shall be:
(1)    at least 25 years old;
(2)    a resident of the State who has resided in the State for at least 5 years;
(3)    a qualified voter of the State; and
(4)    an individual who has not been convicted of or granted probation before judgment for a serious crime or a crime that involves moral turpitude.
(c)    (1)    The term of a member is 5 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Commission on June 30, 2020.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)    A member may not serve for more than two full terms.
(d)    (1)    Subject to the hearing requirements of this subsection, the Governor may remove a member for cause.
(2)    Before the Governor removes a member, the Governor shall give the member notice and an opportunity for a public hearing.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 3 - Alcohol, Tobacco, and Cannabis Commission › Section 1-304 - Prohibited Acts; Financial Disclosures

(a)    A member of the Commission may not:
(1)    have a direct or indirect financial interest, ownership, or management, including holding any stocks, bonds, or other similar financial interests, in the alcohol or tobacco industries;
(2)    have an official relationship to a person who holds a license or permit under this article or Title 16, Title 16.5, Title 16.7, or Title 16.9 of the Business Regulation Article;
(3)    be an elected official;
(4)    receive or share in, directly or indirectly, the receipts or proceeds of any activities conducted in the alcohol or tobacco industries;
(5)    have a beneficial interest in any contract for the manufacture or sale of any device or product or the provision of any independent consulting services in connection with a holder of a license or permit issued under this article or Title 16, Title 16.5, Title 16.7, or Title 16.9 of the Business Regulation Article; or
(6)    accept a contribution of money or property worth at least $100 from an entity or individual associated with the alcohol or tobacco industries with respect to the regulation of alcohol or tobacco.
(b)    A member of the Commission shall file a financial disclosure statement with the State Ethics Commission in accordance with Title 5, Subtitle 6 of the General Provisions Article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 3 - Alcohol, Tobacco, and Cannabis Commission › Section 1-306 - Operations

(a)    A majority of the full authorized membership of the Commission is a quorum.
(b)    The Commission shall meet monthly at the times and places that the Commission determines.
(c)    (1)    The secretary of the Commission promptly shall send the Governor a certified copy of the minutes of each meeting of the Commission.
(2)    The minutes shall include a copy of each regulation that is adopted.
(d)    Each member of the Commission is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the budget of the Commission.
(e)    (1)    With the advice of the Commission, the Executive Director may employ staff in accordance with the State budget.
(2)    The staff of the Commission is in the State Personnel Management System.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 3 - Alcohol, Tobacco, and Cannabis Commission › Section 1-307 - Powers and Duties

(a)    The Commission has the powers and duties set forth in this section.
(b)    The Commission shall:
(1)    educate the public, by resource sharing and serving as an information clearinghouse, on such topics as:
(i)    recent increases in alcohol content for popular beer and other beverages;
(ii)    the proper limits of drinking for adults;
(iii)    the adverse consequences of surpassing those limits;
(iv)    parental or adult responsibility for serving alcohol to underage individuals; and
(v)    comparable topics relating to smoking, vaping, tobacco, other tobacco products, and electronic nicotine delivery systems; and
(2)    subject to federal approval, ensure that all alcoholic beverages sold in the State with an alcohol content exceeding 4.5% by volume bear a large and conspicuous label stating the percentage of alcohol content.
(c)    (1)    The Commission shall conduct studies of:
(i)    the operation and administration of similar laws in other states or countries; and
(ii)    federal laws that may affect the operation of the alcohol or tobacco industries, the literature on those industries, and the reaction of residents of the State to existing and potential features of those industries.
(2)    The Commission shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the studies required under this subsection.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 3 - Alcohol, Tobacco, and Cannabis Commission › Section 1-308 - Development of Best Practices

The Commission shall develop best practices for:
(1)    the dedication of a minimum effective portion of the budget of a local licensing board to administrative enforcement activities, such as inspections, compliance checks, overservice, operations, and trade practice violations;
(2)    the carrying out of compliance checks for alcoholic beverages licenses, in which each license is checked at least once a year;
(3)    the development of guidelines for the minimum capacity of inspections carried out by inspectors of local licensing boards, based on the number and type of licensed outlets in the licensing jurisdiction;
(4)    ensuring that alcoholic beverages inspections be based on data such as the violation history of the license holder, and calls for emergency assistance, emergency medical service, or nonemergency service, so that resources are being allocated based on where the greatest need is;
(5)    the reporting of aggregate data between local police and local licensing boards;
(6)    the development of mandatory State–provided training for liquor inspectors;
(7)    reporting by the State to the affected local licensing board of a State–issued license or permit within 10 days after the State receives an application;
(8)    the development of a public health impact statement for all changes to the State alcoholic beverages laws; and
(9)    ensuring that:
(i)    all license holders, managers, and servers receive certification from an approved alcohol awareness program; and
(ii)    at least one employee who is certified in an alcohol awareness program be on the licensed premises at all times when alcoholic beverages are served.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 3 - Alcohol, Tobacco, and Cannabis Commission › Section 1-309 - Executive Director

(a)    With the advice and consent of the Senate, the Governor shall appoint an Executive Director of the Commission.
(b)    The Executive Director serves at the pleasure of the Governor.
(c)    The Executive Director shall:
(1)    have the training and experience, including knowledge of the Maryland alcohol regulatory system, that is needed to direct the work of the Commission;
(2)    be a sworn police officer with the powers granted to an officer or employee of the Field Enforcement Division under § 1–313 of this subtitle; and
(3)    devote full time to the duties of office and may not engage in another profession or occupation.
(d)    The Executive Director is entitled to the salary provided in the State budget.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 1 - Definitions; General Provisions › Subtitle 3 - Alcohol, Tobacco, and Cannabis Commission › Section 1-310 - Acceptance of Contributions Prohibited

The Executive Director and all employees in the Office of the Executive Director may not accept a contribution of money or property worth at least $100 from an entity or individual associated with the alcohol or tobacco industries with respect to regulation of alcohol or tobacco.