reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Agriculture › Title 9.5 - Invasive Plants Prevention and Control › Subtitle 3 - Regulation of Invasive Plants › Section 9.5-302 - Prohibited Acts

(a)    (1)    This subsection does not apply to the transfer, lease, sale, or purchase of real property on which an invasive plant is located.
(2)    Except as provided in paragraph (3) of this subsection and in accordance with regulations adopted by the Secretary, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a tier 1 invasive plant in the State.
(3)    A person may conduct an activity prohibited under paragraph (2) of this subsection if:
(i)    The person receives approval from the Secretary before conducting the activity; and
(ii)    The activity is for the purpose of:
1.    Disposing of the invasive plant;
2.    Controlling the invasive plant;
3.    Using the invasive plant for research or educational purposes; or
4.    Exporting the invasive plant out of the State.
(b)    In accordance with regulations adopted by the Secretary, a person may not:
(1)    Sell or offer for sale at a retail outlet a tier 2 invasive plant unless the retail outlet posts in a conspicuous manner in proximity to all tier 2 plant displays, a sign identifying the plants as tier 2 plants; or
(2)    Provide landscaping services to plant or supply for planting a tier 2 invasive plant unless the person provides to its customer a list of tier 2 invasive plants.
2023 Maryland Statutes › Agriculture › Title 9.5 - Invasive Plants Prevention and Control › Subtitle 3 - Regulation of Invasive Plants › Section 9.5-303 - Tier 1 Plants -- Actions and Duties on Discovery

(a)    On finding a tier 1 plant in violation of § 9.5–302(a)(2) of this subtitle, the Secretary may:
(1)    Issue a written condemnation seizure order;
(2)    Mark or tag the plant in a conspicuous manner; and
(3)    Provide written notice to the owner, tenant, or person in charge of the premises.
(b)    (1)    On notice from the Secretary, a person shall dispose of a tier 1 plant in accordance with regulations adopted by the Secretary.
(2)    If a tier 1 plant is not disposed of in accordance with paragraph (1) of this subsection, the Secretary shall:
(i)    Destroy the plant;
(ii)    Prepare a statement of facts and a statement of the expense of destruction; and
(iii)    Provide copies of the statements to the Attorney General.
(c)    (1)    The Attorney General shall institute the appropriate proceeding to collect the expenses due to the Secretary.
(2)    A copy of the statements prepared under subsection (b)(2) of this section is sufficient evidence to prove a claim under this subsection.
2023 Maryland Statutes › Agriculture › Title 9.5 - Invasive Plants Prevention and Control › Subtitle 3 - Regulation of Invasive Plants › Section 9.5-304 - Tier 2 Plants -- Finding of Failure to Meet Signage Requirements

(a)    If the Secretary finds that a tier 2 plant does not meet the signage requirement under § 9.5–302(b)(1) of this subtitle, the Secretary shall:
(1)    Issue a stop sale order; and
(2)    Mark or tag the plant in a conspicuous manner.
(b)    The Secretary shall give written notice of a finding made under subsection (a) of this section to the owner, tenant, or person in charge of the premises.
(c)    A stop sale order issued under this section shall remain in effect until the required signage is posted.
2023 Maryland Statutes › Agriculture › Title 9.5 - Invasive Plants Prevention and Control › Subtitle 3 - Regulation of Invasive Plants › Section 9.5-305 - Injunctions

(a)    The Secretary may bring an action for an injunction against a person to:
(1)    Enforce this subtitle;
(2)    Enforce an order of the Secretary under this subtitle; or
(3)    Prevent or restrain a violation of this subtitle.
(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 9.5 - Invasive Plants Prevention and Control › Subtitle 3 - Regulation of Invasive Plants › Section 9.5-306 - Penalties

(a)    A person that violates this subtitle 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 not exceeding $500 for each violation on a person that violates:
(i)    This subtitle; or
(ii)    Any order issued by the Secretary under this subtitle.
(2)    Penalties collected by the Secretary under this subsection shall be paid into the General Fund of the State.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Agricultural commodity” means livestock, poultry, field crops, including nursery stock, bulbs, and flowers; and other agricultural products having a domestic or foreign market.
(c)    “Certified agency” means any association, board, council, or other entity authorized by the Secretary to conduct a referendum under this section among the persons qualifying as voters.
(d)    “Voter”, with respect to a referendum on the question of an annual assessment on a particular agricultural commodity, means any person engaged in the production of the commodity, and includes the owner of the farm on which the commodity is produced, tenants, and sharecroppers.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-102 - Legislative Declarations; Effect of Passage of Federal Agricultural Marketing Act of 1946

(a)    It is declared to be in the interest of the public welfare that the Maryland farmers who are producers of livestock, poultry, field crops, including nursery stock, bulbs, and flowers; and other agricultural products having a domestic or foreign market, shall be permitted and encouraged to act jointly and in cooperation with growers, handlers, dealers, and processors of these products in promoting and stimulating, by advertising and other methods, the increased production, and domestic and foreign use and sale of any agricultural commodities.
(b)    The passage by the Seventy-Ninth Congress of a law designated as Public Law 733, and, particularly Title II of that act, cited as “Agricultural Marketing Act of 1946”, makes it important for producers, handlers, processors, and others concerned with specific agricultural commodities to associate themselves in action programs, separately, and with public and private agencies, to obtain the greatest and most immediate benefits under the provisions of the federal law, in respect to research, studies, and problems of marketing, transportation, and distribution.
(c)    It is declared to be in the public interest and highly advantageous to the State’s agricultural economy that farmers, producers, and growers commercially producing agricultural commodities be permitted by referendum to be held among the respective groups and, subject to the provisions of this article, to levy upon themselves an assessment on the respective commodities or upon the acreage used in their production and provide for the collection of the assessment. The assessments are for the financing, or to contribute towards the financing, of a program of advertising and other methods designed to increase consumption and domestic and foreign markets for any agricultural commodity. The assessments also may be used for the financing, or to contribute towards the financing, of a program of production, use, and sale of any agricultural commodity.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-103 - Activities Not Deemed Illegal or in Restraint of Trade

No association, meeting, or activity undertaken in pursuance of the provisions of this article and intended to benefit all of the producers, handlers, and processors of a particular agricultural commodity shall be deemed illegal or in restraint of trade.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-104 - Application for Certification and Approval as Agency to Conduct Referendum; Issuance of Certification

(a)    Any association, council, board, or other agency fairly representative of persons qualifying as voters may apply to the Secretary for certification and approval to conduct a referendum among the persons qualifying as voters on the question of levying an assessment, and collecting and utilizing the proceeds for the purposes stated in the referendum.
(b)    Upon the filing of the application the Secretary shall consider the application within 90 days. If the Secretary finds that the applicant is fairly representative of and has been duly chosen and delegated as representative of the persons qualifying as voters, and otherwise finds and determines that the application conforms to the provisions of this article and its purposes, he shall certify the association, council, board, or other agency as the certified agency of the persons qualifying as voters.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-105 - Management of Referendum and Payment of Expenses; Determination and Announcement Before Referendum

(a)    The certified agency shall arrange and manage any referendum conducted under the provisions of this article and shall bear all expenses in connection with the referendum.
(b)    Before calling and announcing a referendum, the certified agency shall determine and publicly announce through the public press at least 60 days before the date determined for the referendum:
(1)    The date, hours, polling places, and rules and regulations for voting;
(2)    The amount and basis of the assessment proposed to be collected;
(3)    The method by which the authorized assessment shall be collected; and
(4)    How the proceeds shall be administered and the general purposes to which they shall be applied.
(c)    The agency also shall give direct written notice to every farm organization in the State and to the county agent in each county in which the agricultural commodity is grown.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-106 - Referendum on Area or Statewide Basis; Participation; Question

(a)    Any referendum may be held either on an area or statewide basis, as determined by the certified agency before the referendum is called.
(b)    Any persons qualifying as a voter may participate in the referendum.
(c)    The voters shall vote upon the question of whether an annual assessment shall be levied for a period of five years in the amount set forth in the call for the referendum on the agricultural commodity.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-107 - Distribution of Ballots; Poll Holders; Canvass of Result of Referendum

The certified agency shall prepare and distribute in advance of the referendum all necessary ballots and, under rules and regulations adopted by the certified agency, arrange for the necessary poll holders for conducting the referendum. Within ten days after the referendum, the certified agency shall canvass and publicly declare the result of the referendum.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-108 - Effect of Affirmative Referendum Vote

(a)    (1)    A proposed assessment on an agricultural commodity passes if a majority of those persons qualifying as voters and voting in the area in which the referendum is conducted vote in favor of the levying and collection of the proposed assessment on the agricultural commodity.
(2)    If a proposed assessment passes, the agency conducting the referendum shall announce the assessment.
(b)    The assessment shall be collected:
(1)    According to the method and rules and regulations adopted by the certified agency conducting the referendum; and
(2)    For the number of years set forth in the call for the referendum.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-109 - Subsequent Referenda

(a)    If an assessment has passed and the assessments have been levied annually for the period set forth in the call for the referendum, then the agency that conducted the referendum may call and conduct another referendum during the last year of the assessment period, on the question of an annual assessment for the next 5 years.
(b)    If a proposed assessment does not pass, then the agency that conducted the referendum may call another referendum the next succeeding year, for the purposes set forth in this subtitle, on the question of an annual assessment for 5 years.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-110 - Use of Assessment

The collected assessments shall be paid into the certified agency treasury to be used together with any other funds from other sources, including donations from any person and grants from the State or governmental agencies, to promote and stimulate, by advertising and other methods, the increased domestic and foreign use and sale of the agricultural commodity covered by the referendum. The assessments also may be used to finance research and education programs or to contribute toward the financing of a program on production, use, and sale of any agricultural commodity. The assessments may be used to support multistate, area, or national programs whose purposes are essentially the same as those of the State producers.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-111 - Deduction of Assessments by Purchasers of Agricultural Commodities

(a)    As an alternate method for the collection of assessments under § 10–110 of this subtitle, and upon the request of a certified agency, the Secretary shall notify, by registered letter, any person engaged in the business of purchasing any agricultural commodity in the State that the assessments shall be deducted by the purchaser, or the purchaser’s agent or representative, from the purchase price of the agricultural commodity.
(b)    (1)    The deducted assessment shall be remitted by the purchaser to the certified agency as directed by the Secretary.
(2)    A certified agency may initiate judicial proceedings in the circuit court of the county where the agricultural commodity was purchased if a purchaser fails to remit the deducted assessment required under paragraph (1) of this subsection.
(c)    The books and records of a purchaser of any agricultural commodity shall be open for inspection by the Secretary or the certified agency that conducted the referendum for the agricultural commodity at any time during regular business hours.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-112 - Collection of Assessments From Producers of Tree Fruits

As an alternate method for the collection of assessments provided for in § 10–110 of this subtitle, the certified agency representing the producers of peaches, apples, or other tree fruits may establish the names and addresses of the persons qualifying as voters, and number of trees or acres of trees and certify them to the Secretary. The Secretary shall notify the persons qualifying as voters by registered letter that by the date specified by the certified agency, the persons qualifying as voters shall pay the assessments to the Secretary. The certified date of collection of the assessments may be established by the certified agency representing the producers of any agricultural commodity.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-113 - Deduction of Assessments by Purchasers of Livestock for Slaughter

(a)    As an alternative method for the collection of assessments provided for in § 10–110 of this subtitle, upon the request of the certified agency, the Secretary shall notify, by registered letter, all livestock dealers, operators of any livestock auction markets, slaughterhouses, packinghouses, and any other person engaged in the buying, selling, or handling of livestock for slaughter in the State. On and after the date specified in the letter, the assessments shall be deducted by the purchaser, or his agent or representative, from the purchase price of any livestock bought, acquired, or sold for slaughter.
(b)    The deducted assessment for any month shall be remitted by the purchaser to the Secretary by the 20th day of the following month, and the Secretary shall pay the amount of the assessment to the certified agency.
(c)    The books and records of every livestock dealer, operator of any livestock auction market slaughterhouse, packinghouse, or person engaged in buying, acquiring, or selling livestock for slaughter shall be open for the inspection by the Secretary at any time during regular business hours.
(d)    A livestock dealer, operator of any livestock auction market slaughterhouse, packinghouse, or its managers, or agents, or any person who buys, sells, or handles livestock for slaughter in the State may not fail to collect or pay the deducted assessments to the Secretary.
(e)    If any person violates the provisions of subsection (d) of this section, the certified agency concerned may institute judicial proceedings to enforce the assessment.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-114 - Refund of Assessment; Persons Qualified to Vote in a Referendum on Potatoes and Peaches

(a)    If the referendum is supported and the assessment is levied and collected as provided, any person upon whom an annual assessment was levied and collected, if dissatisfied with the assessment may demand and receive from the treasurer of the certified agency a refund of the collected annual assessment.
(b)    The demand for refund shall be made in writing within 30 days from the date of collection from the person.
(c)    However, any person, qualified to vote in a referendum in which potatoes or peaches are the agricultural commodity, may seek a refund of an assessment, if he pays the assessment by the end of the assessment year in which the assessment was levied. The assessment year shall be determined by the certified agency representing the commodity.
(d)    If any person, qualified to vote in a referendum in which potatoes or peaches are the agricultural commodity, fails to make any protest against the assessment and levy in writing, addressed to the certified agency representing the commodity concerned, within 30 days from the date the assessment becomes due and payable, and the certified agency concerned may institute judicial proceedings to enforce the collection of the assessment.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-115 - Publication of Statement of Amounts Received From Assessments; Treasurer's Bond

(a)    Within 30 days after the end of any year in which an assessment was levied and collected, the treasurer of the certified agency conducting the referendum shall publish in the public press a statement of the amount received and collected by him during that year under this subtitle.
(b)    Before collecting and receiving the assessments, the treasurer of the certified agency shall give a bond in the amount of at least the estimated total of the assessments to be collected. The surety on the bond shall be a surety company licensed to do business in the State and shall be in the form and amount approved by the certified agency and filed with the chairman or executive head of the agency.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 1 - Promotion of Use and Sale of Agricultural Commodity › Section 10-116 - Deductions to Defray Expenses of Making Assessments

The assessing body and the Secretary each may deduct not more than 3 percent of the funds collected by the certified agency to defray the expenses of making assessments under this subtitle.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 2 - Discrimination Against Agricultural Marketing Associations › Section 10-201 - Discrimination Against Producers of Agricultural Products Due to Membership in Marketing Association Prohibited

No buyer, handler, distributor, dealer, or agent, who purchases or contracts to purchase, from a producer field and livestock products produced on a farm may:
(1)    Use duress against, coerce, or boycott any producer of raw agricultural products in the exercise of his right to join and belong to a cooperative agricultural marketing association; or
(2)    Discriminate against a producer of raw agricultural products, solely by reason of the producer’s membership in or marketing contract with a cooperative agricultural marketing association.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 2 - Discrimination Against Agricultural Marketing Associations › Section 10-202 - Attorney General to Receive Complaints

To enforce this section, the Attorney General shall receive sworn complaints of violations or threatened violations of this subtitle from affected producers of raw agricultural products or the cooperative agricultural marketing association of which the producers are members, or with whom they have a marketing contract. The Attorney General immediately shall make all necessary investigations, examinations, or inspections of any violation or threatened violation specified in the sworn complaint filed with him.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 2 - Discrimination Against Agricultural Marketing Associations › Section 10-203 - Hearing; Action to Enjoin Violations; Summons; Consolidation of Actions

After receiving a sworn complaint and holding an informal hearing on the charges made in the complaint, the Attorney General immediately shall bring an action to enjoin the violation of any provision of this subtitle as set forth in the complaint in the circuit court of the county where the violation occurred. A summons in the action against any defendant shall be issued as in other civil actions. Actions against different defendants may be consolidated, in the discretion of the court, if the alleged violations are of the same provision, have occurred in the same or an adjoining county, relate to the same production season, and consolidation can be made without prejudice to a substantial right of any defendant.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 2 - Discrimination Against Agricultural Marketing Associations › Section 10-204 - Applicability of Subtitle

This subtitle does not affect the rights of a producer of raw agricultural products, who has not signed a contract with a cooperative agricultural marketing association, to bargain for his crop individually with any buyer. A buyer may bargain for any of his raw agricultural product requirements with any cooperative agricultural marketing association but is not required to do so. The inability of a buyer or his refusal to meet the terms and conditions of any cooperative agricultural marketing association proposed contract shall not be interpreted as a boycott or discrimination against the cooperative agricultural marketing association or its members.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 3 - Maryland Agricultural Fair Board › Section 10-301 - Composition of Board; Appointment; Compensation and Expenses; Tenure

(a)    The Maryland Agricultural Fair Board is composed of nine members. The members shall be representative of all phases of the agricultural interests of the State, and shall be appointed by the Governor, with the advice of the Secretary.
(b)    The members shall serve without salary but shall be reimbursed for reasonable expenses incurred in attending meetings and other business of the Board as provided in the budget in accordance with the guidelines set forth by the Standard State Travel Regulations.
(c)    (1)    The term of office of each member is 5 years, but any member appointed to fill a vacancy in an unexpired term serves for the remainder of the term.
(2)    Each member shall serve after expiration of the member’s term until a successor is appointed and qualifies.
(3)    However, a member may not serve more than 2 consecutive 5-year terms.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 3 - Maryland Agricultural Fair Board › Section 10-302 - Chairman; Quorum; Records; Clerks and Assistants; Office

(a)    The Board annually shall elect a chairman from among its members. Meetings of the Board shall be held at the times and places designated by the chairman or the Secretary by notice to the members. Six members constitute a quorum, but any action of the Board requires assent of a majority of the members.
(b)    The Board shall keep a complete record of its proceedings.
(c)    The Board, subject to the approval of the Secretary, may employ clerks, stenographers, field representatives, assistants, and other employees it deems necessary in order to perform its duties and exercise its powers as provided in the State budget. The Board shall establish a permanent office and shall be supplied with all appliances and incidentals necessary for the proper discharge of its duties. The salaries or compensation of all clerks, stenographers, field representatives, assistants, and other employees of the Board, and the cost of maintaining and supplying the permanent office of the Board shall be paid from funds provided in the State budget.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 3 - Maryland Agricultural Fair Board › Section 10-303 - Fairs and Exhibits

(a)    The Board shall encourage and foster agriculture in the State through promotion and assistance of agricultural fairs, exhibits, or other activities. For this purpose, the Board, subject to the approval of the Secretary, has exclusive, complete control of the distribution and expenditure of all funds allocated to it pursuant to the provisions of the Maryland Horse Racing Act for the payment of premium awards, promotional and educational activities, or other activities in connection with a bona fide agricultural fair, exhibit, or activity, as the Board determines, and for one State fair each year, as designated by the Board. The Board shall administer the distribution of the grant provided in § 11–403(c) of the Business Regulation Article to the Maryland State Fair and Agricultural Society, Inc.
(b)    The Board, subject to the approval of the Secretary, shall adopt rules and regulations to govern the conduct, qualifications, and requirements of agricultural fairs, exhibits, or activities to which allocations or distributions are made.
(c)    No agricultural fair, exhibit, or activity may receive any financial assistance from the Board, unless it has met all qualifications and requirements as set forth in the rules and regulations. The decision of the Board, after the approval of the Secretary, shall be final with respect to every question relating to whether any agricultural fair, exhibit, or activity shall be entitled to financial assistance under the provisions of this section.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 5 - Trademarks for Farm Products › Section 10-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Farm product” means any agricultural, horticultural, vegetable, or fruit product of the soil, whether raw, canned, frozen, dried, pickled, or otherwise processed; livestock, meats, marine food products, poultry, eggs, dairy products; wool, hides, feathers, nuts, honey; and every product of farm, forest, orchard, garden, or water.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 5 - Trademarks for Farm Products › Section 10-502 - Powers of Secretary

The Secretary may:
(1)    Devise and establish official trademarks or other insignia for farm products of the State and secure copyrights for them under the law of the United States or the State;
(2)    Permit the use of official trademarks or other insignia on farm products of the State or on their containers and charge reasonable and necessary fees for this use;
(3)    Prevent the unauthorized or improper use of official trademarks or other insignia and protect them from infringements; and
(4)    Adopt rules and regulations and take any action necessary to effectuate the purposes of this subtitle.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 5 - Trademarks for Farm Products › Section 10-503 - Right of Entry and Examination

The Secretary may enter any building, vehicle, other enclosure, or conveyance in the State, where any farm product is produced, stored, sold, or shipped, or offered, exposed, packed, or transported for sale, or presented for intrastate or interstate shipment. He may examine any farm product found in any of these places, and may take for further examination samples of the farm products and their containers necessary to determine whether this subtitle is violated.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 6 - Certification of Farm Products › Section 10-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Certificate” means a certificate of the quality, condition, grade, food safety standard, or other classification of any farm product and includes a certificate of the Secretary, of  the United States Department of Agriculture, or of the United States Food and Drug Administration.
(c)    “Farm product” means any agricultural, horticultural, vegetable, or fruit product of the soil, including livestock, meats, marine food products, poultry, eggs, dairy products, wool, hides, feathers, nuts, honey, and every product of farm, forest, orchard, garden or water, but does not include canned, frozen, dried, or pickled products.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 6 - Certification of Farm Products › Section 10-602 - Powers Generally

When requested by any person financially interested in any farm product, the Secretary may:
(1)    Examine the product and practices used in its production to determine its quality, condition, grade, or other classification, either on the basis of the standards established by the Secretary, or the standards announced from time to time by the United States Department of Agriculture or the United States Food and Drug Administration;
(2)    Provide the person with an official certificate; and
(3)    Adopt rules and regulations concerning the inspection and certification of any farm product, including the payment of reasonable fees, as necessary to effectuate the purposes of this subtitle.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 6 - Certification of Farm Products › Section 10-603 - Cooperation With United States Government

(a)    The Secretary shall cooperate with the United States government and any federal agency and may designate any competent person who has been licensed, commissioned, or credentialed for work by the United States Department of Agriculture or the United States Food and Drug Administration, to inspect, examine, classify, and certify any farm product or farm production practices in accordance with the rules and regulations it adopts and at the places the volume of business warrants.
(b)    The Secretary may accept technical, financial, and advisory assistance from any cooperating federal agency.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 6 - Certification of Farm Products › Section 10-604 - Commodity Quality Grading Fund

There is a Commodity Quality Grading Fund. All money levied and collected under this subtitle constitutes a special fund to defray partially the expenses incurred in administration of this subtitle. Notwithstanding any other provision of law, any money unexpended at the end of a fiscal year shall remain in the fund and does not revert to the general funds of the State.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 6 - Certification of Farm Products › Section 10-605 - Appeal of Assigned Grade Classification

Any person pecuniarily interested in any farm product may appeal the assigned grade classification to the Secretary, in accordance with the rules and regulations adopted by the Secretary. When filing the appeal, the appellant shall deposit a sum double the fee charged by the Secretary, which shall be refunded to the appellant, if the assigned grade classification is found erroneous. The Secretary shall correct any error by affirmative action as necessary.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 6 - Certification of Farm Products › Section 10-607 - Confidentiality of Information

(a)    Except as provided in subsection (b) of this section, the Secretary shall deny access to any business–related information concerning any person who applies for a certificate or is certified under this subtitle.
(b)    If the Secretary determines that disclosure is necessary to protect the public health, the Secretary may disclose any business–related information concerning any person who applies for a certificate or is certified under this subtitle.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 7 - Fruits and Vegetables › Section 10-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Fruit” means any fruit sold; offered, exposed, packed, or transported for sale; shipped; or presented for intrastate or interstate shipment, except any fruit which is canned, dried, pickled, or frozen.
(c)    “Sell” means to sell; offer, or expose, pack, or transport for sale; ship; or present for intrastate or interstate shipment.
(d)    “Vegetable” means any vegetable sold; offered, exposed, packed, or transported for sale; shipped; or presented for intrastate or interstate shipment, except any vegetable which is canned, dried, pickled, or frozen.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 7 - Fruits and Vegetables › Section 10-703 - Establishment of Standards and Grades; Effective Date; Marking Containers

(a)    The Secretary, after investigation and public hearing, may:
(1)    Establish official standards or grades for any fruit or vegetable;
(2)    Adopt rules and regulations governing the markings required on the container of any fruit or vegetable, for the purpose of showing any or all of the following:
(i)    The true grade or size of the product, or both, according to any applicable standard or grade established by the Secretary;
(ii)    The name and address of the grower or packer;
(iii)    The name of the state where grown; or
(iv)    The variety, quantity, quality, condition, and size of the product.
(b)    Any standard, grade, rule or regulation established under this section does not take effect until 30 days after it is adopted officially. After this period, every container of any fruit or vegetable shall bear plainly and conspicuously on its exterior any marking prescribed by the Secretary under this section.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 7 - Fruits and Vegetables › Section 10-704 - Effect of Standards and Grades on Right to Sell; Marking Noncomplying Containers Prohibited

(a)    No standard, grade, rule or regulation adopted under this section affects the right of any person to sell his fruit or vegetable without conforming to it.
(b)    However, no person may mark any fruit or vegetable, or container in a manner that indicates that the fruit or vegetable conforms with any standard or grade of the Secretary, unless the person conforms with all rules and regulations adopted under this subtitle.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 7 - Fruits and Vegetables › Section 10-705 - Right of Entry and Examination

The Secretary may enter any building, vehicle, other enclosure, or conveyance in the State, where any fruit or vegetable is produced, stored, or sold. He may examine any fruit or vegetable found in any of these places and may take for further examination any sample of the produce and any container necessary to determine whether this subtitle is violated.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 7 - Fruits and Vegetables › Section 10-706 - Exemption From Liability for Selling in Improperly Marked Container

Any person who sells any fruit or vegetable in a container not properly marked may not be prosecuted, if he can establish by satisfactory evidence that he was not a party to the grading or packing of the fruit or vegetable in question, and had no knowledge that they were mismarked or illegally packed.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 7 - Fruits and Vegetables › Section 10-707 - No Prosecution When Inspection by Department or by United States Department of Agriculture

No person may be prosecuted for violation of any provision of this subtitle where it can be established that the fruit or vegetable passed inspection by an authorized inspector of the Department or by an inspector of the United States Department of Agriculture and was graded, packed and marked in accordance with the provisions of this subtitle. Certificates of inspection issued by any of these inspectors shall be accepted as prima facie evidence of the facts contained in them.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 8 - Maryland Apple Grade Law › Section 10-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Closed package” means any bag, box, barrel, basket, carton, cellpack, hamper, or traypack, or any other container covered with burlap, tarlatan, slat, or any other cover or closure, constructed so that the contents of the package cannot be seen nor inspected when the package is closed.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 8 - Maryland Apple Grade Law › Section 10-802 - Right of Entry; "Stop-Sale" Order

(a)    In order to carry out this subtitle, the Secretary may enter during the usual hours of business, any packing shed, warehouse, cold storage, store, building, market, or any other place, carrier, conveyance, or vehicle at, in, or from which any apples are packed or sold, offered or exposed for sale to determine whether the provisions of this subtitle or the rules and regulations adopted under it are being violated.
(b)    If the Secretary finds that the apples are possessed in violation of any provision of this subtitle, or any rule or regulation adopted pursuant to it, he may issue a written “stop-sale” order to the person violating it.
(c)    Any person upon whom a “stop-sale” order is served may appeal to the Secretary in accordance with the rules and regulations the Secretary adopts.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 8 - Maryland Apple Grade Law › Section 10-804 - Labeling and Markings

(a)    No person may pack, sell, offer to sell, possess, or transport any apples in closed packages not properly designated with respect to the following:
(1)    A grade standard, as provided in this subtitle;
(2)    The variety;
(3)    The minimum size;
(4)    A count or quantity declaration; and
(5)    The name and address of the packer or distributor.
(b)    The designation shall be shown plainly and conspicuously on each package. However, in any transparent consumer pack, a stuffer may be used for markings and placed inside the package in a manner that is plainly readable.
(c)    When apples are packed in a used package, any marking pertaining to the previous contents of the package not applicable to the new contents shall be obliterated and the required declarations under this subtitle shall be made.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 8 - Maryland Apple Grade Law › Section 10-805 - Prohibited Acts

(a)    No person may pack, possess, expose, store, transport, or represent for sale, or sell apples in closed packages, except as provided in this subtitle.
(b)    After receiving a “stop-sale” order, a person may not sell, transport, offer, or expose for sale any apples with respect to which the order is issued.
(c)    No person may report falsely, or with intent to deceive, any requirement of this subtitle.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 9 - Cantaloupes › Section 10-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Closed container” means any box, barrel, basket, crate, hamper, bag, or other package made or covered with burlap, tarlatan, slats, or other material, constructed so that the entire contents cannot be readily, properly, and thoroughly inspected while the package is closed.
(c)    “Mature cantaloupe” means a cantaloupe whose appearance on the outside indicates maturity, arils surrounding the seed have been absorbed during the development of maturity, and whose juice of the edible portion contains at least 8 percent soluble solids as determined by the Balling or Brix scale hydrometer.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 9 - Cantaloupes › Section 10-903 - Right of Entry and Inspection

The Secretary may enter every place, vehicle, or conveyance in the State, where cantaloupes are stored, packed, delivered for shipment, loaded, shipped, transported, offered or exposed for sale, or sold in closed containers. He may inspect any cantaloupe found in any of these places and take for inspection any representative sample of the cantaloupes and any container necessary to determine whether this subtitle is violated. The Secretary may mark any container found in any place, vehicle, or conveyance for future identification.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 9 - Cantaloupes › Section 10-904 - Standard Grades for Cantaloupes in Closed Containers; Labeling

(a)    The standard grades for cantaloupes established by the United States Department of Agriculture as United States government grades, are the official State grades for all cantaloupes packed in closed containers, whether offered or exposed for sale or presented for intrastate or interstate shipment.
(b)    Cantaloupes which are offered or exposed for sale, or presented for shipment in any closed container shall be marked plainly and conspicuously with the name and address of the person producing or marketing the cantaloupes as well as the true name of the variety. If the true name of the variety is not known to the packer or the person by whom the package is packed, then the package shall be marked “variety unknown”.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 9 - Cantaloupes › Section 10-905 - Sale of Uninspected Cantaloupes; Certificates as Evidence

(a)    A person may not offer or expose for sale or present for shipment any cantaloupes unless they have passed inspection by the Secretary or the United States Department of Agriculture and are found to be graded, packed, and marked according to the provisions of this subtitle.
(b)    Certificates of inspection issued by the Secretary or the United States Department of Agriculture shall be accepted in any State court as prima facie evidence of the facts contained.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 9 - Cantaloupes › Section 10-906 - Sale of Immature Cantaloupes in Closed Containers

A person may not buy, sell, ship, transport, offer or expose for sale or shipment, or place on the market for human consumption, any cantaloupes in closed containers, unless the cantaloupes are mature.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 9 - Cantaloupes › Section 10-907 - Nonliability of Persons Not Party to and Without Knowledge of Wrong

No person may be prosecuted under this subtitle, if he can establish by satisfactory evidence that he was not a party to the grading and packing of the cantaloupes in question, and had no knowledge that they were misbranded or illegally packed.
2023 Maryland Statutes › Agriculture › Title 10 - Promotion and Identification of Agricultural Products › Subtitle 10 - Seafood and Aquaculture Products Marketing Program › Section 10-1001 - Seafood and Aquaculture Products Marketing Program

(a)    There is a Seafood and Aquaculture Products Marketing Program.
(b)    The Seafood and Aquaculture Products Marketing Program shall be part of the Department.
(c)    The Seafood and Aquaculture Products Marketing Program shall have the powers, duties, responsibilities, and functions provided in the laws of this State.