reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.15 - Use of Antimicrobial Drugs › Section 15.01.15.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administered in a regular pattern "
				means used:
(a) For multiple courses of
				therapy in the same animal or group of animals; or
(b) As a standard operating procedure,
				including:
(i) In correspondence with a
				particular life stage of an animal, such as in ovo, at birth or hatch, or at
				weaning;
(ii) As an ongoing
				management strategy or tool, such as in correspondence with a particular age or
				weight of an animal, time of the week, month, or year, or season; or
(iii) When moving animals from one location
				to another.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.15 - Use of Antimicrobial Drugs › Section 15.01.15.03 - When Permitted

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				as provided in this regulation, a person may administer a medically important
				antimicrobial drug to cattle, swine, or poultry if, in the professional
				judgment of a licensed veterinarian, the medically important antimicrobial drug
				is necessary:
(1) To treat a disease or
				infection;
(2) To control the
				spread of a disease or infection; or
(3) For a surgery or medical
				procedure.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.15 - Use of Antimicrobial Drugs › Section 15.01.15.04 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
Except as otherwise provided in federal law or regulation,
				  this chapter does not apply to antimicrobial use in:
A. Cattle on a farm operation that sells
				fewer than 200 cattle per year;
B.
				Dairy cattle on a farm operation with a herd size of fewer than 300 dairy
				cattle;
C. Swine on a farm
				operation that sells fewer than 200 swine per year; or
D. Poultry on a farm operation that sells
				fewer than 60,000 birds per year.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.15 - Use of Antimicrobial Drugs › Section 15.01.15.05 - Civil Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Department may impose a civil penalty on any person who violates the
				requirements of this chapter up to $2,000 for each violation.
B. Before imposing any civil penalty under
				this chapter, the Department shall consider the following:
(1) The nature and gravity of each
				violation;
(2) The willfulness of
				the violation and the extent to which the existence of the violation was known
				to the person but uncorrected by the person; and
(3) A history of prior violations, if
				any.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.16 - Industrial Hemp Pilot Program › Section 15.01.16.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the Department of Agriculture's
				  Industrial Hemp Pilot Program, including the requirement for the registration
				  and the certification of a site that will be used to grow or cultivate
				  industrial hemp to further agricultural or academic research
				  purposes.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.16 - Industrial Hemp Pilot Program › Section 15.01.16.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated:
B. Terms Defined.
(1) "Authorized holder" or "holder" means an
				institution of higher education or a person who has contracted with an
				institution or the Department to grow or cultivate industrial hemp for
				agricultural research or academic research purposes as authorized by this
				chapter.
(2) "Certified site "
				means any properly site certified by and registered with the Department as a
				site where industrial hemp may be grown or cultivated for agricultural or
				academic research purposes.
(3)
				"Department" means the Maryland Department of Agriculture.
(4) "Independent testing laboratory" has the
				meaning stated in Health-General Article, § 13-3301, Annotated Code of
				Maryland.
(5) Industrial Hemp.
(a) "Industrial hemp" means the plant
				Cannabis sativa L. and any part of such plant, whether growing or not, with a
				delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on
				a dry weight basis.
(b) "Industrial
				hemp " does not include any plant or part of a plant intended for a use that is
				regulated under Health-General Article, Title 13, Subtitle 33, Annotated Code
				of Maryland.
(6)
				"Institution of higher education" or "institution" has the meaning stated in
				the federal Higher Education Act of 1965.
(7) "Person" means an individual,
				partnership, corporation, limited liability company, association, or any
				business entity, by whatever name designated and whether or not incorporated,
				unless the context clearly indicates otherwise.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.16 - Industrial Hemp Pilot Program › Section 15.01.16.03 - Authorization to Grow and Cultivate Industrial Hemp

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only an institution of higher education
				within Maryland may submit an application to the Department for authorization
				to grow, cultivate, harvest, process, manufacture, transport, market or sell
				industrial hemp for agricultural, industrial, or commercial purposes to further
				agricultural or academic research purposes.
B. Only a person contracting with the
				Department or an approved institution of higher education as provided in this
				regulation may possess, grow, cultivate, harvest, process, manufacture,
				transport, market, or sell industrial hemp for commercial purposes as part of
				the Pilot Program to further agricultural or academic research
				purposes.
C. Industrial hemp may
				only be grown or cultivated at a registered site or premises owned or
				controlled by an institution of higher education or by a person who contracts
				with an institution to grow and cultivate it.
D. A person who contracts with an institution
				to grow and cultivate industrial hemp shall:
(1) Be at least 18 years old;
(2) Pass a criminal background test with no
				felony convictions in the past 10 years;
(3) Own or lease, with the approval of the
				owner, the property used to grow and cultivate hemp;
(4) Have the site registered and approved
				with the Department before contracting to grow or cultivate hemp;
(5) Grant the Department permission to enter
				and inspect the property to ensure compliance with the requirements of this
				chapter.
(6) Only grow hemp on land
				that is at least 1,000 feet from a school or public recreation area when the
				hemp is being grown in an outdoor field or an outdoor site;
(7) Post a sign on the certified site that
				notifies the public that the site is used to grow hemp as part of the Pilot
				Program; and
(8) Attend an
				orientation session by the Department, in cooperation with the institution,
				that explains the requirements of this chapter before contracting to grow or
				cultivate hemp.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.16 - Industrial Hemp Pilot Program › Section 15.01.16.04 - Application Review and Approval

Current through Register Vol. 51, No. 14, July 12, 2024
An application to grow, cultivate, harvest, process,
				  manufacture, transport, market, or sell industrial hemp to further agricultural
				  research or academic research purposes shall be made on a Departmental form.
				  Each application shall provide the following information, including, but not
				  limited to:
A. A description of each
				site where industrial hemp will be grown or cultivated, either by the
				institution of higher education or by an authorized person who contracts with
				the institution by physical address with a map clearly showing the location of
				the site with GPS coordinates;
B. A
				diagram for each site that visually depicts the buildings, structures, and
				improvements on the premises, and identifies their use, and that sets forth the
				relevant activities conducted at the site;
C. A detailed summary of the issues and
				matters that the applicant intends to study in conjunction with growing,
				cultivating, processing, manufacturing, transporting, marketing, or selling
				industrial hemp; and
D. Payment of
				a $250 fee to certify and register each site used to grow or cultivate
				industrial hemp either by the institution or the person who contracts with the
				institution.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.16 - Industrial Hemp Pilot Program › Section 15.01.16.05 - Rejection of Application or Revocation of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may reject any application to grow or
				  cultivate industrial hemp, and may revoke an authorization to grow and
				  cultivate industrial hemp, if the Department determines that:
A. The application is incomplete or does not
				provide the information required pursuant to Regulation .04 of this chapter;
				or
B. The authorized holder has
				failed to comply with the requirements of this chapter or the terms of the
				holder's application.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.16 - Industrial Hemp Pilot Program › Section 15.01.16.06 - Hemp Seeds

Current through Register Vol. 51, No. 14, July 12, 2024
A person or institution that grows or cultivates industrial
				  hemp as authorized by this chapter may purchase or otherwise obtain seeds or a
				  plant or plant part that can be utilized to grow a new plant that produce
				  plants that meet the definition of industrial hemp as provided in this
				  chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.16 - Industrial Hemp Pilot Program › Section 15.01.16.07 - Hemp Verification and Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance with this regulation, a
				person who grows or cultivates industrial hemp as authorized by this chapter
				shall:
(1) Verify that the plants grown or
				cultivated by the person meet the definition of industrial hemp under this
				chapter;
(2) Maintain all records
				of verification at the site that is used to grow or cultivate industrial hemp;
				and
(3) Make all records available
				for inspection by:
(a) The Department;
				or
(b)The institution of higher
				education that contracted with the person under this chapter to grow or
				cultivate industrial hemp.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter explains the Maryland Department of
				  Agriculture's Hemp Farming Program, which licenses and regulates the production
				  of hemp in the State. This chapter does not apply to an institution of higher
				  education or a person who produces hemp under the Hemp Research Pilot Program.
				  As required by State law, the Program has been approved by the United States
				  Department of Agriculture.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.03 - Prohibition Against Growing or Producing Hemp Without a License

Current through Register Vol. 51, No. 14, July 12, 2024
A person may not cultivate or produce hemp under the Program
				  unless the person is licensed by the Department in accordance with this
				  chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.04 - Contents of Application and Licensing Terms

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contents. To
				obtain a license to cultivate or produce hemp under the Program, a person shall
				annually submit a signed, complete, accurate, and legible Departmental
				application that provides:
(1) The
				applicant's full name, business or residential address, telephone number, and
				email address (if the applicant is a business entity, the full name of the
				business, the address of the principal business location, the full name and
				title of key participants, the email address of that business, and EIN number
				of the business);
(2) The legal
				description of the land on which the hemp operation is proposed;
(3) The GPS coordinates for the land on which
				the hemp operation is proposed;
(4)
				A map of the land owned or controlled by the person to be licensed showing the
				location, boundaries, and dimensions (in acres or square feet) of
(a) If hemp is grown indoors, the green house
				or indoor facility used to grow hemp;
(b) If hemp is grown outdoors, each field (by
				field number) where hemp will be grown (clearly indicating the names or lot
				numbers of all lots and planning locations) and the entrance to each
				field;
(c) The facility used to
				store hemp post-harvest; and
(d)
				Others fields or facilities to be used in the hemp
				operation;
(5) The
				portion or portions of the hemp plant or flower that the applicant intends to
				market, that is, seed, grain, fiber, hurd, or CBD;
(6) A certification that the applicant is at
				least 18 years of age;
(7) A
				criminal background report of the applicant and other key participants,
				prepared by the Federal Bureau of Investigation, dated no more than 60 days
				before the date of the applicant's application; and
(8) Documentation showing that the applicant
				has the legal right to cultivate hemp on the land (the proposed licensed area)
				and the legal authority to grant the Department access for inspection and
				sampling, including deeds, leasing agreements, written agreements by a
				landowner, or other appropriate documentation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.05 - Licensing Period

Current through Register Vol. 51, No. 14, July 12, 2024
A person may apply to become a licensed grower at any time
				  during a calendar year. Unless suspended or revoked, a license to grow hemp
				  under the Program is valid from the date it was issued through December 31 of
				  the same year. To ensure continuity of the license, a licensed grower shall
				  submit to the Department an application to renew the person's license no later
				  than December 1 of the year that the license is due to expire. A license issued
				  under this chapter may not be assigned or transferred to another person under
				  any circumstances.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.06 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following nonrefundable fees apply to hemp
				  growers:
A. An annual application fee
				- $50;
B. An annual license fee -
				$500;
C. A fee for each additional
				location owned or controlled by a grower with a different mailing address -
				$500;
D. A fee each time that the
				Department samples and tests official samples for THC - $250; and
E. A site modification fee if the GPS
				coordinates listed in the application are changed - $250.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.07 - Prohibited Acts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed
				grower may not:
(1) Grow or store hemp in a
				structure that is used for residential purposes;
(2) Plant, grow, or store hemp on any site
				that is not located within the licensed area;
(3) Display or exhibit live hemp plants,
				viable seeds, or floral materials at trade shows, county fairs, or educational
				or other similar events without written permission from the organizer of the
				event;
(4) Allow unsupervised
				public access to hemp plots or plantings;
(5) Sell, transfer, or permit the sale or
				transfer of living hemp plants or viable hemp seeds to any person in the State
				who does not hold a license issued by the Department;
(6) Sell, transfer, or permit the sale or
				transfer of living plants, viable seeds, leaf material, or floral material to
				any person in another state who is not authorized by the laws of that state to
				own or otherwise possess such products;
(7) Comingle hemp plant material from one lot
				with hemp plant material from other lots unless the lots have been tested and
				deemed compliant with this chapter;
(8) Place in the stream of commerce any hemp
				grown in a lot that has a noncompliant THC level;
(9) Provide false or misleading information
				in any report, record, or other document required under this chapter or during
				the course of an inspection conducted under this chapter;
(10) Hinder or obstruct an authorized agent
				of the Department or any other law enforcement officer from entering the
				licensed area for the purpose of collecting, sampling, or inspecting
				hemp;
(11) Violate any of the
				provisions of this chapter, including, but not limited to, the licensing terms
				set forth in Regulation .04 of this chapter; or
(12) Violate any applicable laws and
				regulations relating to the use and development of the land for hemp
				production.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.08 - Grower Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Field Planting Report.
(1) Within 10 days after planting, a licensed
				grower shall submit to the Department a signed, complete, accurate, and legible
				Departmental Field Planting Report that includes:
(a) The licensed grower's full name and
				contact information;
(b) The
				license number;
(c) The planting
				date and anticipated harvest date;
(d) The hemp's variety name;
(e) The field location ID listed in the
				application;
(f) An updated
				detailed map depicting any changes; and
(g) The primary intended use of the harvested
				hemp for each planting.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.09 - Regulatory Inspections of Hemp Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Annual Inspections. The Department shall
				conduct annual inspections of, at a minimum, a random sample of licensed
				growers and collect regulatory samples of hemp to verify that hemp is not being
				produced in violation of this chapter. The Department shall conduct these
				inspections during normal business hours. The Department may conduct these
				inspections without notice.
B.
				Additional Inspections. If the Department has reason to believe that a
				violation of the Program is occurring, it may conduct such additional
				regulatory inspections of a licensed grower's operation and sampling of hemp it
				deems appropriate. The Department shall conduct these inspections during normal
				business hours. It may conduct these operations without notice.
C. Sampling and Testing Regulatory Samples.
				When conducting regulatory sampling and testing of hemp under §§A and
				B of this regulation, the Department shall follow the official sampling
				methodology and testing requirements set forth in Regulation .10 of this
				chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.10 - Sampling and Testing for THC

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A licensed grower may request the Department or an authorized agent to collect
				official samples of hemp for testing under §D of this
				regulation.
B. Official Sampling
				Methodology. To ensure a confidence level of 95 percent that no more than 1
				percent of the plants in a lot exceeds the acceptable hemp THC level, official
				samples collected by the Department, or an authorized agent shall be done in
				accordance with the Department's sampling methodology, which requires that:
(1) Samples shall be collected by the
				Department or an authorized agent;
(2) Samples selected shall be solely
				determined by the Department or authorized agent;
(3) Samples shall be from the flowering tops
				of plants which shall be approximately 5 to 8 inches in length from:
(a) The main stem (that includes the leaves
				and flowers);
(b) The terminal bud
				(that occurs at the end of a stem); or
(c) The central cola (cut stem that could
				develop into a bud);
(4)
				Samples shall represent a homogeneous composition of the lot being collected,
				and a minimum of two samples from each lot shall be collected (the number of
				plants selected for sampling will be dependent on the size of the growing
				area);
(5) Samples of hemp plant
				material from one lot may not be commingled with hemp plant material from other
				lots;
(6) Samples shall be
				collected during the growing season and before harvest;
(7) When a scheduled sampling occurs, the
				grower or an authorized grower representative shall be present at the growing
				site;
(8) The grower shall provide
				the Department or an authorized agent complete and unrestricted access to all
				hemp plants and all locations listed in the application;
(9) The grower or authorized agent shall take
				any other action that the Department deems necessary to ensure that the stated
				confidence level is met;
(10) If the
				licensed grower fails to complete the harvest within 30 days, a new sample of
				the lot shall be collected for testing purposes following the procedures set
				forth in this regulation;
(11) The
				Department or authorized agent shall place the composite representative sample
				in a properly labeled paper bag, seal the bag, and place the following
				information on the bag or otherwise include it with the sample:
(a) License number;
(b) Name and contact information of the
				sampling agent;
(c) Name and
				contact information of the licensee;
(d) Date sample was taken;
(e) Sample identification number for the
				lot;
(f) Field identification
				number listed in the application; and
(g) Any other information that may be
				required by the Department; and
(12) The sample and sampling report shall be
				hand-delivered or placed in a box, sealed with security tape, and shipped
				overnight to the Department or authorized laboratory.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.11 - Hemp Greens, Hemp Microgreens, and Hemp Transplants

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Performance-Based Sampling Protocol. For hemp plants that are not intended to
				be produced to a mature, flowering state (for example, hemp greens, hemp
				microgreens, and hemp transplants), the Department may utilize a
				performance-based sampling protocol to determine THC crop compliance. This
				protocol, which has been approved by USDA, includes seed certification
				processes and other processes that identify varieties that have consistently
				resulted in compliant hemp plants.
B. Notice to the Department. At planting, the
				licensed grower shall notify the Department of the grower's intent and plans
				for producing hemp greens, hemp microgreens, or hemp transplants, including the
				grower's intent to harvest these plants.
C. If the licensed grower is intending to
				produce hemp greens, hemp microgreens, or hemp transplants, the grower may only
				use hemp seeds or propagules that originate from THC compliant hemp plants. To
				ensure this, the licensed grower may only use:
(1) Seeds originating from THC compliant hemp
				plants that have been certified by a member agency of the Association of
				Official Seed Certifying Agencies;
(2) Seeds derived from hemp plants that were
				tested during the preceding 2-year period and, for each of these 2 years,
				deemed THC compliant by the Department, an authorized laboratory, or other
				USDA-approved hemp program; and
(3)
				Propagules from hemp plants that were tested by the Department, an authorized
				agency, or other USDA-approved program and deemed THC
				compliant.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.12 - Prerequisites for Placing Hemp in Commerce

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed grower may not co-mingle,
				transport, transfer, sell, market, process, or otherwise dispose of hemp
				pending a THC analysis by the Department or an authorized laboratory.
B. To place hemp in the stream of commerce,
				test results shall confirm that the final product batch hemp contains no more
				than a total 0.3 percent delta-9 THC on a dry weight basis using the method's
				determined measurement uncertainty, and all such testing results shall be
				retained by the grower and made available to the Department upon demand for a
				minimum of 3 years.
C. Hemp samples
				with a post-decarboxylated THC level equal to or below the acceptable hemp THC
				level require no further action by the Department. The area or harvested plant
				material from which the sample was obtained that was harvested within 30 days
				of the date of sampling may be marketed or further processed.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.13 - Nonmarketable Hemp

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt
				of a failing test result, a licensed grower may request resampling and
				retesting of the varieties in question. If no retest is requested, or the
				retested sample is greater than 0.3 percent THC, the area represented by the
				sample, or any harvested hemp from the area represented by the sample, shall be
				disposed of as provided in Regulation .14 of this chapter. The grower shall
				retain all such testing results and make them available to the Department upon
				demand for a minimum of 3 years.
B.
				Hemp plants from lots determined to be nonmarketable (that is, the plants
				exceed the acceptable hemp THC level) and products derived from such plants may
				not be further handled, processed, or enter the stream of commerce.
C. If a grower comingles hemp from a lot with
				hemp from another lot before the test results from any of the comingled lots
				are made known, the grower shall dispose of all of the hemp if the test results
				from just one of these lots is subsequently found to be
				nonmarketable.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.14 - Grower's Duty to Dispose of Nonmarketable Hemp

Current through Register Vol. 51, No. 14, July 12, 2024
A. The costs of disposal of nonmarketable
				hemp plants and products derived from such plants are the responsibility of the
				grower.
B. The grower shall notify
				the Department immediately upon receipt of a test report determining that any
				portion of the crop tests positive for a prohibited amount of THC.
C. If hemp is deemed nonmarketable (that is,
				the plants exceed the acceptable hemp THC level), the Department shall:
(1) Notify the grower to stop the harvest and
				shipment of any plants or plant material harvested from the tested
				area;
(2) Send a representative
				from the Department to conduct an inventory of the harvested and unharvested
				plants from the area that was tested;
(3) Offer options for retesting and
				remediation consistent with remediation guidelines approved by U.S. Domestic
				Hemp Production Program; and
(4)
				Offer options for disposal.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.15 - Sanctions for Violating the Department's Hemp Farming Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §C of this regulation, the Department, upon notice and an
				opportunity to be heard, may deny a license application or suspend or revoke a
				license to produce hemp under the Program, if the person:
(1) Fails to comply with the Department's
				plan for monitoring and regulating the production of hemp;
(2) Misrepresents the legal description of
				land on which hemp is produced;
(3)
				Produces hemp without a valid license;
(4) Produces plants, or any part of a plant,
				that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3 percent on a
				dry weight basis;
(5) Violates the
				licensing terms set forth in Regulation .04D of this chapter;
(6) Provides false or misleading information
				in any report, record, or other document required under this chapter or during
				the course of an inspection conducted under this chapter;
(7) Hinders or obstructs an authorized agent
				of the Department or any other law enforcement officer from entering the
				licensed area for the purpose of collecting, sampling, or inspecting
				hemp;
(8) Fails to maintain all
				records pertaining to hemp production required by this chapter and to make
				these records available during normal business hours for copying and inspection
				by the Department or other law enforcement agency;
(9) Fails to submit complete, signed, and
				accurate reports required under Regulation .08 of this chapter;
(10) Fails to dispose of hemp as directed by
				the Department;
(11) Is found to be
				growing or in possession of hemp not in compliance with these
				regulations;
(12) Is convicted of a
				felony related to a controlled substance under state or federal law;
(13) Cultivates or stores hemp on any site
				not listed in the application;
(14)
				Represents hemp seeds which are indistinguishable by the plant's
				characteristics to be of a recognized variety, without having adequate
				information for such variety representation; or
(15) Violates any provision of this
				chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.16 - Notice, Hearings, and Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice. If it determines that sanctions
				are warranted against a person under Regulation .15 of this chapter, the
				Department shall provide the person written notice of the violation via regular
				mail, certified mail, or personal service that includes:
(1) The facts that are asserted pertaining to
				the violation;
(2) The pertinent
				statutory and regulatory sections under which the Department is taking its
				action;
(3) The Department's
				determination whether the person's conduct constitutes a negligent violation or
				a violation with a culpable mental state greater than negligence;
(4) A statement explaining whether the
				Department has informed law enforcement of the violation;
(5) The sanction proposed, if any, as a
				result of the Department's action; and
(6) Unless a hearing is automatically
				scheduled, notice that the person may request a hearing within 20 days from
				receiving the Notice of the Violation; what, if anything, the person shall do
				to receive a hearing; and the direct consequences, including sanctions, if any,
				of the person's failure to exercise in a timely manner the opportunity for a
				hearing or to appear for a scheduled hearing.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.17 - Department Reports to USDA

Current through Register Vol. 51, No. 14, July 12, 2024
A. By
				the first of each month, the Department shall file with USDA a report on each
				licensed grower with the following information:
(1) For each new licensee that is an
				individual, the report shall include:
(a) The
				full name of the individual;
(b)
				The license number and status;
(c)
				The business address;
(d) Telephone
				number and email address (if applicable); and
(e) A legal description and GPS coordinates
				for each field, greenhouse, indoor growing structure, or site where industrial
				hemp will be cultivated, handled, or stored.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.18 - Public Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any
				public record held by the Department is subject to inspection and release only
				as provided by the Maryland Public Information Act.
B. The Department shall release to USDA
				record information about each hemp grower in a timely manner, as required by
				the United States Secretary of Agriculture.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.19 - Criminal Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to any other penalty provided by law, a person
				  who violates this chapter may be subject to criminal penalties under
				  Agriculture Article, §
									12-101 et seq., Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.20 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall report a person to the United States
				  Attorney General and the Maryland Attorney General who knowingly:
A. Fails to comply with the Department's plan
				for monitoring and regulating the production of hemp;
B. Misrepresents the legal description of
				land on which hemp is produced;
C.
				Produces hemp without a valid license;
D. Produces plants, or any part of a plant,
				that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3 percent on a
				dry weight basis; or
E. Knowingly
				violates any provisions of Agriculture Article, Title 14, Subtitle 3, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.17 - Hemp Farming Program › Section 15.01.17.21 - Sampling Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. For purposes
				of determining the number of individual plants to select for sampling, the size
				of the growing area set forth in the chart below shall be followed. For
				sampling purposes, samples from separate lots shall be kept separate and may
				not be comingled.
Size of Lot
Minimum Quantity
Size of Lot
Minimum Quantity
<1000 sq. ft.
10
10- 14.99 acres
35
<0.99 acre
11
15 - 19.99 acres
40
1 - 1.99 acres
15
20- 24.99 acres
45
2- 2.99 acres
17
25 - 29.99 acres
50
3- 3.99 acres
19
30 - 39.99 acres
55
4- 4.99 acres
20
40- 49.99 acres
60
5- 5.99 acres
21
50- 50.99 acres
65
6- 6.99 acres
24
60- 60.99 acres
70
7- 7.99 acres
27
70- 74.99 acres
75
8 - 8.99 acres
30
75 + acres
1 per acre
9 - 9.99 acres
33
B.
				The authorized agent shall walk at right angles to the rows of plants, if
				possible, beginning at one point of the lot and walking towards another point
				on the opposite side of the lot. If the lot is too dense for this to be
				possible, the authorized agent shall take all reasonable steps to ensure that a
				sample is collected that represents a homogeneous composition of the lot by
				avoiding edges and thoroughfares.
C. While walking through the growing area,
				the authorized agent shall cut the number of inflorescences (the flower or bud
				of a plant) based on the acreage of the growing area at random but convenient
				distances, and avoid collecting sample specimens from the borders of the
				field/greenhouse.
D. The cut shall
				be obtained from the flowering tops of plants when flowering tops are present
				and shall be approximately 5 to 8 inches in length from the "main stem" (that
				includes the leaves and flowers), "terminal bud" (that occurs at the end of a
				stem), or "central cola" (cut stem that develops into a bud) of the flowering
				top of the plant.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				sets forth the appeal procedure for the Senior Farmers' Market Nutrition
				Program (SFMNP) and the WIC Farmers' Market Nutrition Program (WIC FMNP). The
				SFMNP and the WIC FMNP are segments of the Farmers' Market Nutrition Program
				(FMNP). The Maryland Department of Agriculture administers SFMNP in the State.
				The Maryland Department of Health assists the Department in administering the
				WIC FMNP in the State. The FMNP, a federal-State partnership with USDA, is
				designed to:
(1) Provide FMNP recipients with
				access to locally grown fruits, vegetables, honey, and herbs; and
(2) Increase the domestic consumption of
				agricultural commodities through farmers' markets, roadside stands, and
				community supported agricultural programs.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Maryland
				Department of Agriculture.
(2)
				"Farmers' Market Nutrition Program" or "FMNP" means the Senior FMNP and the WIC
				FMNP.
(3) "Local agency" means a
				nonprofit entity or local government agency that certifies eligible SFMNP
				recipients, issues SFMNP coupons, or provides nutrition education or
				information on operational aspects of the SFMNP to SFMNP recipients.
(4) "Secretary" means the Secretary of the
				Maryland Department of Agriculture.
(5) "Senior Farmers' Market Nutrition
				Program" or "SFMNP" means the Federal-State partnership between USDA and the
				Department in which USDA provides federal funds to the Department to administer
				a program designed to:
(a) Provide SFMNP
				recipients access to locally grown fruits, vegetables, honey, and herbs;
				and
(b) Increase the domestic
				consumption of agricultural commodities through farmers' markets, roadside
				stands, and community supported agricultural programs.
(6) "SFMNP recipient" means an individual, as
				defined under 7 CFR §
											249.6, as amended, who is eligible to receive
				benefits under the SFMNP.
(7)
				"USDA" means the United States Department of Agriculture, Food and Nutrition
				Service.
(8) "WIC FMNP" means a
				Federal-State partnership that USDA has with the Department in which USDA
				provides federal funds to the Department to administer a program designed to:
(a) Provide WIC FMNP recipients access to
				locally grown fruits, vegetables, and herbs; and
(b) Increase the domestic consumption of
				agricultural commodities through farmers' markets, roadside stands, and
				community supported agricultural programs.
(9) "WIC FMNP recipient" means a pregnant
				woman, breastfeeding woman, postpartum woman, infant, or child who is receiving
				benefits under the Program, and the breastfed infant of a breastfeeding woman
				participant under the WIC Program authorized under §17 of the Child
				Nutrition Act of 1966, as amended.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.03 - Appealing Adverse Actions to the Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. SFMNP
				applicants. An SFMNP applicant may appeal the denial of certification of SFMNP
				benefits unless the denial is solely because of the lack of sufficient funding
				to provide SFMNP benefits to all eligible applicants. While awaiting the
				hearing, the SFMNP applicant may not receive SFMNP benefits.
B. SFMNP Participants.
(1) An SFMNP recipient may appeal the
				disqualification or suspension of SFMNP benefits.
(2) Excepting an SFMNP recipient whose
				certification period has already expired or who become otherwise ineligible for
				SFMNP benefits, an SFMNP recipient who appeals the termination of benefits
				within the period of time provided under Regulation .05 of this chapter shall
				continue to receive SFMNP benefits until the Secretary reaches a decision or
				the certification period expires, whichever occurs first.
(3) An SFMNP recipient who becomes ineligible
				during a certification, or whose certification period expires, may appeal the
				termination. While awaiting the hearing, the SFMNP recipient may not receive
				new benefits.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.04 - Matters Not Subject to Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A farmer or local agency may not appeal the expiration of a
				  contract or agreement with the Department in connection with the WIC FMNP or
				  SFMNP under this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.05 - Time Limit for Requesting a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except a farmer
				participating in the WIC FMNP, a person who is the subject of an adverse action
				listed in Regulation .03 of this chapter (for example, the SFMNP applicant or
				recipient, a local agency, or a farmer participating in the SFMNP) shall file a
				written request for a hearing with the Department within 30 days from the date
				that the Department mails or otherwise issues the notice of the
				action.
B. A farmer participating
				in the WIC FMNP shall file a written request for a hearing with the Maryland
				Department of Health within 10 days from the date that the Department mails or
				otherwise issues the notice of action.
C. The Department shall consider a request
				for a hearing filed on the earlier of the dates it is:
(1) Received by the Department, such as by
				delivery by the person; or
(2)
				Postmarked by the United States Postal Service.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.06 - Postponement Pending Decision

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department finds that an adverse action that affects a
				  local agency or farmer may unduly inconvenience SFMNP or WIC FMNP recipients,
				  the Department may postpone the action until a decision in the appeal is
				  rendered.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.07 - Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department takes one of the adverse actions listed in
				  Regulation .03 of this chapter, it shall provide the person affected (for
				  example, the SFMNP applicant or recipient, a local agency, or a farmer) with
				  the following:
A. 15 calendar days in
				advance of the effective date of the adverse action, written notification of
				the adverse action, the cause for the action, and the effective date of the
				action, including the Department's determination of whether the action shall be
				postponed under Regulation .06 of this chapter if it is appealed, and the
				opportunity for a hearing;
B. The
				opportunity to appeal the Department's action within the time limits set forth
				in Regulation .05 of this chapter;
C. 10 business days advance notice of the
				time and place of the hearing to provide all parties involved sufficient time
				to prepare for the hearing;
D. The
				opportunity to present the person's case and at least one opportunity to
				reschedule the hearing date upon specific request;
E. The opportunity to confront and
				cross-examine adverse witnesses;
F.
				The opportunity to be represented by counsel or, in the case of an SFMNP
				recipient, by a representative designated by the recipient, if
				desired;
G. The opportunity to
				review the case record before the hearing; and
H. Written notification of the decision in
				the appeal, within 60 days from the date of receipt of the request for a
				hearing by the Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.08 - Department's Decision

Current through Register Vol. 51, No. 14, July 12, 2024
The Department's action shall rest solely on the evidence
				  presented at the hearing and the statutory and regulatory provisions governing
				  such hearings. The basis for the Department's decision shall be stated in
				  writing.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.09 - Continuing Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
When a farmer or local agency appeals an adverse action and
				  is permitted to continue in the FMNP while the appeal is pending, the farmer or
				  local agency continues to be responsible for compliance with all FMNP
				  regulations and the terms of the written agreement or contract with the
				  Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.18 - Farmers' Market Nutrition Program-Appeal Procedure › Section 15.01.18.10 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
An SFMNP applicant or recipient, a local agency, or a farmer
				  affected by an adverse decision of the Secretary may file a petition for
				  judicial review in the appropriate circuit court as required by the Maryland
				  Rules of Procedure.