reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.05 - Brand and Product Names

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General Requirements. In addition to the requirements for commercial feed
				provided by law, the following requirements of the regulation apply also to pet
				food and specialty petfood.
B.
				Designation of "100%" or "All". The designation "100%" or "All" or words of
				similar connotation shall not be used in the brand name or product name of a
				pet food or specialty pet food if the product contains more than one
				ingredient, provided, for the purpose of this section only, not including water
				sufficient for processing, required de characterizing agents and trace amounts
				of preservatives and condiments.
C.
				Designation of Ingredients. An ingredient or a combination of ingredients may
				form a part of the product name of a pet food or specialty petfood if:
(1) The ingredient or ingredients constitutes
				at least 95 percent of the total weight of the product.
(2) Water sufficient for processing may be
				excluded when calculating the percentage, however, the ingredients shall
				constitute at least 70 percent ofthe total product weight.
(3) Any ingredient constitutes at least 25
				percent of the weight of the product, excluding water sufficient for
				processing.
(4) Any descriptor that
				shall imply that other ingredients are included in the product formula.
				Examples of descriptors include "dinner", "platter", "entree", "formula", and
				"recipe.
(5) The descriptor is in
				the same size, style, and color print as the ingredient name or
				names.
(6) The combination of
				ingredients which are included in the product name complies with the following:
(a) Each ingredient constitutes at least 3
				percent of the product weight, excluding water sufficient for
				processing;
(b)The name of the
				ingredients appear in the order of respective predominance by weight in the
				product; and all the ingredient names appear on the label in the same size,
				style and color print.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.06 - Expressions of Guarantees

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General Requirements. In addition to the requirements for commercial feed
				provided by law, the following requirements of these regulations shall also
				apply to petfood and specialty pet food.
B. Guaranteed Analysis Requirement.
(1) The "Guaranteed Analysis " on a petfood
				or specialty pet food label shall be listed in the following order and format
				unless otherwise specified in these regulations:
(a) Minimum percentage of crude
				protein;
(b) Minimum percentage of
				crude fat;
(c) Maximum percentage
				of crude fat, if required by Regulation .12 of this chapter;
(d) Maximum percentage of crude
				fiber;
(e) Maximum percentage of
				moisture; and
(f) Additional
				guarantees shall follow moisture.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.07 - Ingredients

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				Requirements. In addition to the requirements for commercial feed provided by
				law, the following requirements of these regulations shall also apply to pet
				food and specialty pet food.
B.
				Ingredient Statement Requirement. Each ingredient of a pet food or specialty
				pet food shall be listed in the ingredient statement as follows:
(1) The names of all ingredients in the
				ingredient statement shall be shown in letters or type of the same
				size;
(2) The ingredients shall be
				listed in descending order by predominance by weight in nonquantitative terms;
(3) The ingredients shall be
				listed and identified by the name and definition established by AAFCO;
				and
(4) Any ingredient with no
				established name and definition shall be identified by the common or usual name
				of the ingredient.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.08 - Pet Food Additives

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General Requirements. In addition to the requirements for commercial feed
				provided by law, the following requirements of these regulations shall also
				apply to pet food and specialty petfood.
B. Artificial Color. An artificial color may
				be used in a petfood or specialty pet food if it has been shown to be harmless
				to pets or specialty pets. The permanent or provisional listing of an
				artificial color listed in CFR, Title 21, as safe for use, together with the
				conditions, limitations and tolerances, if any, incorporated therein, shall be
				deemed to be satisfactory evidence that the color is, when used pursuant to
				such regulations, harmless to pets or specialty pets.
C. Safety and Efficiency of Additives.
				Evidence may be required to prove the safety and efficacy or utility of a
				petfood or specialty pet food which contains additives or drugs, when used
				according to directions furnished on the label. Satisfactory evidence of the
				safety and efficacy of a pet food or specialty pet food may be established when
				the pet food or specialty pet food contains such additives, the use of which
				conforms to the requirements of the applicable regulation in CFR, Title 21 or
				which are "prior sanctioned" or "informal review sanctioned" or "Generally
				Recognized as Safe "for such use.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.09 - Nutritional Adequacy

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General Requirements. In addition to the requirements for commercial feed
				provided by law, the following requirements of these regulations shall also
				apply to petfood and specialty pet food.
B. Nutritional Claim. The label of a petfood
				or specialty petfood that is intended for all life stages of the pet or
				specialty pet may include an unqualified claim, directly or indirectly, such as
				"complete and balanced", "perfect", "scientific", or "100% nutritious " if at
				least one of the following apply:
(1) The
				product meets the nutrient requirements for all life stages established by an
				AAFCO-recognized nutrient profile;
(2) The product meets the criteria for all
				life stages as substantiated by completion of the appropriate AAFCO-recognized
				animal feeding protocol or protocols; or
(3) The product is a member of a product
				family that is nutritionally similar to a lead product containing a combination
				of ingredients that has been fed to a normal animal as the sole source of
				nourishment in accordance with the testing procedures established by AAFCO for
				all life stages, provided that;
(a) The
				nutritional similarity of the family product can be substantiated according to
				the Procedures for Establishing Pet Food Product Families developed by AAFCO
				(AAFCO Official Publication, pp 191, 2016);
(b) The family product meets the criteria for
				all life stages; and
(c) The
				Secretary may require the manufacturer to perform additional testing of the
				family product in order to substantiate the claim of nutritional
				adequacy.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.10 - Feeding Directions.

Current through Register Vol. 51, No. 14, July 12, 2024
A. Dog or
				Cat Food Snacks or Treats. Dog or cat food, including snacks or treats, labeled
				as complete and balanced for any or all life stages, as provided in Regulation
				.09D(1) of this chapter except those petfoods labeled in accordance with
				Regulation .09E of this chapter shall list feeding directions on the product
				label. These directions shall be consistent with the intended use or uses
				indicated in the nutritional adequacy statement, unless a limited use or more
				limited life stage designation is declared elsewhere (e.g., "adultformula").
				These directions shall be expressed in common terms and shall appear
				prominently on the label. Feeding directions shall, at a minimum state, 'Feed
				(weight/unit of product) per (weight only) of dog (or cat) ". The frequency of
				feeding shall also be specified.
B.
				Products Intended for Veterinarians. When a dog or cat food is intended for use
				by or under the supervision or direction of a veterinarian, the statement: "Use
				only as directed by your veterinarian " may be used in lieu of feeding
				directions.
C. Specialty Pet Food
				Snacks or Treats. Specialty pet food, including snacks or treats, labeled as
				complete and balanced for any or all life stages, as provided in Regulation
				.09B of this chapter shall list feeding directions on the product label. These
				feeding directions shall be adequate to meet the nutrient requirements of the
				intended species of specialty pet as recommended by the AAFCO-recognized
				nutritional authority. These directions shall be expressed in common terms and
				shall appear prominently on the label. The frequency of feeding shall also be
				specified.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.11 - Statements of Calorie Content

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Dog and Cat Labels. The label of a dog or cat food shall bear a statement of
				calorie content and meet all of the following:
(1) The statement shall be separate and
				distinct from the "Guaranteed Analysis" and appear under the heading "Calorie
				Content";
(2) The statement shall
				be measured in terms of metabolizable energy (ME) on an "as fed" basis and
				shall be expressed as "kilocalories per kilogram " (kcal/kg) of product, and
				may also be expressed as kilocalories per familiar household measure, (e.g.,
				cans or cups) or unit of product (e.g., treats or pieces);
(3) The calorie content shall be determined
				by one of the following methods:
(a) By
				calculation using the "modified Atwater" formula:
ME (kcal/kg) = 10 x
Where: ME = Metabolizable Energy
CP = % crude protein "as fed"
CF = % crude fat "as fed"
NFE = % nitrogen-free extract (carbohydrate) "as fed"
And the percentages ofiCP and CF are the average values of
				  these components in the product as determined by sound scientific methods, such
				  as, but not limited to scientifically accurate calculations made from the
				  formula of the product or upon chemical analysis of the product. The NFE is
				  calculated as the difference between 100 and the sum of CP, CF, and the
				  percentages of crude fiber, moisture and ash (determined in the same manner as
				  CP and CF); or
(b) In
				accordance with a testing procedure established by AAFCO.
(4) An affidavit shall be provided upon
				request to the Secretary, substantiating that the calorie content was
				determined by:
(a) Regulation .HA(3)(a) of
				this chapter in which case the summary data used in the calculation shall
				accompany the affidavit; or
(b)
				Regulation .HA(3)(b) of this chapter in which case the summary data used in the
				determination of calorie content shall accompany the affidavit.
(5) The calorie content statement
				shall appear as one of the following:
(a) The
				heading "Calorie Content" on the label or other labeling shall be followed
				parenthetically by the word "calculated" when the calorie content is determined
				in accordance with Regulation .HA(3)(a) of this chapter; or
(b) The heading "Calorie Content" on the
				label or other labeling shall be followed parenthetically by the word "fed"
				when the caloric content is determined in accordance with Regulation .HA(3)(b)
				of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.12 - Descriptive Terms

Current through Register Vol. 51, No. 14, July 12, 2024
A. Calorie
				Terms.
(1) A dog food product that bears on
				its label the terms "light", "lite ", "low calorie ", or words of similar
				designation shall:
(a) Contain no more than
				3,100 kcal ME/kg for products containing less than 20 percent moisture, no more
				than 2,500 kcal ME/kg for products containing 20 percent or more but less than
				65 percent moisture, and no more than 900 kcal ME/kg for products containing 65
				percent or more moisture;
(b)
				Include on the label a calorie content statement:
(i) In accordance with the format provided in
				Regulation .11 of this chapter; and
(ii) Which states no more than 3,100 kcal
				ME/KG for products containing less than 20 percent moisture, no more than 2,500
				kcal ME/kg for products containing 20 percent or more but less than 65 percent
				moisture, and no more than 900 kcal ME/kg for products containing 65 percent or
				more moisture; and
(iii) Include on
				the label feeding directions which reflect a reduction in calorie intake
				consistent with the intended use.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.13 - Raw Milk

Current through Register Vol. 51, No. 14, July 12, 2024
Raw milk may not be registered for use as pet food for any
				  species when it is packaged in containers that resemble containers intended for
				  milk for human consumption, or it is stored at retail with, or in the vicinity
				  of, milk or milk products intended for human consumption
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.14 - Manufacturer or Distributor-Name and Address

Current through Register Vol. 51, No. 14, July 12, 2024
The label of a petfood or specialty pet food shall specify
				  the name and address of the manufacturer or distributor. The statement of the
				  place of business should include the street address, city, state and zip code.
				  If a person manufactures or distributes a petfood or specialty pet food in a
				  place other than the principal place of business, the label may state the
				  principal place of business in lieu of the actual place where each package of
				  the pet food or specialty pet food was manufactured or packaged or from which
				  each package is to be distributed.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 18 - STATE CHEMIST › Chapter 15.18.09 - Pet Food and Specialty Pet Food › Section 15.18.09.15 - Records and Reports

Current through Register Vol. 51, No. 14, July 12, 2024
Any manufacturer or distributor of pet food and specialty pet
				  food shall maintain and furnish upon request by the Secretary or his authorized
				  representative, such records and reports as the Secretary deems necessary to
				  indicate the accuracy of any registration of a pet food or specialty pet food,
				  and any other records and reports required by the commercial feed law.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern any person required to be licensed
				  as a grain buyer in this State.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				terms have the meanings indicated.
B. Terms Defined.
(1) "Certified public accountant" means any
				person permitted to engage in the practice of public accounting by the State
				Board of Accountancy.
(2)
				"Department" means the Maryland Department of Agriculture or its
				designee.
(3) "Fair market value"
				means the market value established by a contract or by the Department for a
				loss of grain at the time of the loss.
(4) "Grain" means corn, wheat, rye, oats,
				barley, sorghum, soybeans, and sunflowers.
(5) "Grain dealer" means a person who is in
				the business of buying, receiving, exchanging, or storing grain from a person
				who grows grain. Grain dealer does not mean a farmer who buys, receives,
				exchanges, or stores grain for use in the farming business of that
				farmer.
(6) "Person" means:
(a) An individual or a corporation,
				government or governmental subdivision or agency, business trust, estate,
				trust, partnership, or association;
(b) Two or more persons having a joint or
				common interest;
(c) Any other
				legal or commercial entity.
(7) "Secretary" means the Secretary of the
				Maryland Department of Agriculture or his designee.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.03 - Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not
				be a grain dealer without first obtaining a grain dealer's license from the
				Secretary as provided by this chapter.
B. By way of example but not limitation, a
				licensed grain dealer shall be a person who:
(1) Receives grain, in the course of his
				business, from a grower under a deferred payment contract. "Deferred payment
				contract" means a grain sales contract when the grower conveys title to the
				grain to a person for an agreed price, but payment for the grain is delayed
				until an agreed later date.
(2)
				Receives grain, in the course of his business, from a grower under a deferred
				price contract. "Deferred price contract" includes such contracts as a
				so-called "price later contract", "open price contract", "delayed price
				contract", and means a grain sales contract when the title to grain is conveyed
				to a person from a grower, but when the grower (seller) is allowed to determine
				the price of grain at a later date either based on a future month's price for
				grain set by a commodity exchange or by some other mutually agreed method of
				price determination.
(3) In the
				course of his business, stores grain for a grower for later use by the grower
				for:
(a) Feed;
(b) Seed;
(c) A crop cover; or
(d) Resale by the grower.
(4) Is in the business of buying,
				receiving, exchanging, or storing grain for a person whose grain is grown by an
				agent, tenant, or employee.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.04 - Requirements of Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A license may not be issued or renewed by the Department
				  unless the applicant has:
A. Applied
				on a form provided by the Department;
B. Paid the fee that is required for the
				license being obtained as set forth in Regulation .03C of this
				chapter;
C. Complied with one of
				the following options:
(1) Posted a surety
				bond, irrevocable letter of credit, or cash guaranty, as required by Regulation
				.05 of this chapter, or
(2) Filed a
				financial statement as required by Regulation .06 of this chapter;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.05 - Posting

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the applicant
				chooses to post a surety bond, letter of credit or cash guaranty, instead of
				filing a financial statement, he shall use a form furnished by the Department
				and post an amount at least as large as the following for the different types
				of licenses:
Type of License
Minimum Amounts
A
$ 15,000
B
35,000
C
100,000
D
100,000
B.
				If the applicant does not file a financial statement, the Department may not
				issue a:
(1) Type A license if the applicant
				posts an amount less than $15,000;
(2) Type B license if the applicant posts an
				amount less than $35,000; and
(3)
				Type C or D license if the applicant posts an amount less than
				$100,000.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.06 - Financial Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				applicant chooses to file a financial statement, he shall indicate in the
				statement a minimum net worth for each type of grain dealer's license as
				follows:
Type of License
Minimum Amounts
A
15,000
B
35,000
C
100,000
D
100,000
B.
				If the applicant does not post a surety bond, irrevocable letter of credit or
				cash guaranty, the Department may not issue a:
(1) Type A license if the financial statement
				indicates a minimum net worth less than $15,000;
(2) Type B license if the financial statement
				indicates a minimum net worth less than $35,000; and
(3) Type C or D license if the financial
				statement indicates a minimum net worth less than $100,000.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.07 - Insurance Requirement for Licensees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person licensed under this chapter shall
				insure, and at all times keep insured, in that licensed person's name or as a
				co-insurer, all of the grain received into the actual physical control or
				possession of the licensed person.
B. The amount of insurance shall be the fair
				market value of the grain and shall include coverage against theft, loss or
				damage by fire, lightning, inherent explosion, water, windstorm, cyclone,
				tornado, or other act of God.
C. If
				any loss or damage to grain or to the warehouse or warehouses occurs, whether
				the loss was insured against, the dealer shall immediately notify the
				Secretary, and at the grain dealer's own expense, promptly take the steps
				necessary to collect any monies which may be due as indemnity for the loss or
				damage.
D. The applicant shall
				submit one of the following items as proof of insurance:
(1) An insurance policy certified to be true
				by the insurance company or agency; or
(2) An insurance binder or other evidence of
				insurance that contains or refers to other papers accompanying these forms that
				contain the information specified in §§B, C, and E of this
				regulation, if the policy is:
(a) Not yet
				available from the insurance company, and
(b) Made available for inspection by the
				Department within 90 days of the policy's effective date.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.08 - Posting of License

Current through Register Vol. 51, No. 14, July 12, 2024
Immediately upon receipt, a person shall post the grain
				  dealer license in a conspicuous place at each place of business where grain is
				  received.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.09 - Required Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Records
				showing the total amount of grain bought, received, exchanged, or stored in the
				dealer's grain business shall be kept at each place of business or at one
				central location within the boundaries of the State. If records are stored at
				one central location from more than one location, it shall be noted at each
				location the central location and the date the transfer of records
				occurred.
B. Records of grain
				transactions shall be kept for 3 years.
C. Grain records shall be available to the
				Secretary upon request. If not, the Secretary may take action as provided by
				Regulation .10 of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.10 - Inspection of Records and Premises

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon request, the Secretary may review
				grain records of a grain dealer during normal business hours.
B. The Secretary may subpoena the business
				records of any person believed to be acting as a grain dealer.
C. If a person fails to comply with a
				subpoena, the Secretary may petition a court of competent jurisdiction to gain
				compliance.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.11 - Disciplinary Action Against Licensee

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a hearing, the Secretary may refuse
				to issue a license or may suspend or revoke a license for:
(1) Fraudulent or deceptive statements on an
				application for a license;
(2)
				Conviction of a violation of any of the provisions of this chapter;
(3) Failure to maintain adequate insurance on
				all grain received into the physical control or possession of the grain dealer;
				or
(4) Failure to notify the
				Secretary and to comply with the requirements of Regulation .03E of this
				chapter by a person who is handling more grain than allowed by the scope of the
				license.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.12 - Civil Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Instead of, or in addition to, suspension or revocation of a license, the
				Secretary may impose a civil penalty as provided under §D of this
				regulation on a person who:
(1) Makes
				fraudulent or deceptive statements on an application for a license;
(2) Submits fraudulent or deceptive financial
				or insurance documentation;
(3)
				Fails to maintain adequate insurance on all grain received into the physical
				control or possession of the grain dealer;
(4) Refuses to make business records
				available upon request;
(5)
				Operates as a grain dealer without first obtaining a license; or
(6) Violates any other provisions of this
				chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.13 - Criminal Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A person who violates the provisions of this chapter is
				  guilty of a misdemeanor, and upon conviction by a court of competent
				  jurisdiction is subject to a fine of $10,000.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 19 - GRAIN DEALERS' LICENSING › Chapter 15.19.01 - General Regulations › Section 15.19.01.14 - Injunction

Current through Register Vol. 51, No. 14, July 12, 2024
An injunction prohibiting a person from engaging in a
				  violation of this subtitle may be sought by the Attorney
				  General.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.01 - Agricultural Drainage Projects › Section 15.20.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish the requirements for the design,
				  construction, operation, and maintenance of agricultural drainage projects that
				  are financed or managed by public drainage associations. To the maximum extent
				  practicable, these regulations assure protection of natural resources and
				  prevent water pollution by non-point source pollutants associated with
				  agricultural drainage projects.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.01 - Agricultural Drainage Projects › Section 15.20.01.03 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Required Plans.
(1) For any project
				constructed or reconstructed before the effective date of this chapter, the
				following apply:
(a) All associations which
				operate and maintain a project shall submit to the Secretary for approval:
(i) Within 1 year of the effective date of
				this chapter, an inspection report for the project detailing the conditions of
				the association's drainage system, and
(ii) Within 5 years of the effective date of
				this chapter, an operation and maintenance plan for the project and an
				implementation schedule of needed corrective maintenance and repairs to the
				project;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.01 - Agricultural Drainage Projects › Section 15.20.01.04 - Agricultural Drainage Project Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. Construction or Reconstruction Plan
				Requirements. Before constructing or reconstructing a project, an association
				shall comply with the following:
(1) Submit
				four copies of the construction or reconstruction plan to the Secretary for
				approval.
(2) The construction or
				reconstruction plan shall include:
(a) A
				transmittal letter to the Secretary, including:
(i) The name of the association;
(ii) The name of the watershed and the
				drainage area involved; and
(iii) A
				map indicating north arrow, watershed boundaries, scale, and any other
				information necessary to locate the project.
(b) The project design specifications,
				including:
(i) A general description of the
				project's soil types;
(ii) The
				layout of the drainage channels;
(iii) The location of existing areas of trees
				and shrubs along the channel;
(iv)
				The design and location of water control structures;
(v) The design and location of sediment
				traps;
(vi) A hydrological analysis
				if required under Regulation .05B; and
(vii) A wetlands inventory map delineating
				the project. The association shall use the National Wetlands Inventory Maps
				available from the Department of Natural Resources. If the scale of the
				National Wetlands Inventory maps is inappropriate, the association may use maps
				of another scale, so long as the wetlands classification and mapping is
				consistent with the National Wetlands Inventory. Any lost wetlands required to
				be replaced under Regulation .05F and any wetlands, 1/4 acre or larger, created
				by the project shall be delineated on the wetlands inventory map.
(c) The construction methods,
				including:
(i) Open channel construction
				techniques;
(ii) Measures to limit
				disturbance to the soil;
(iii)
				Spoil spreading techniques and information concerning the volume of spoil
				materials and the location of spoil disposal sites; and
(iv) Temporary or permanent soil
				stabilization techniques for channel banks, berms, and soil disposal
				sites.
(d) Water quality
				protection measures including plans for:
(i)
				Establishing vegetative strips along the channels;
(ii) Installing BMPs along the
				channels;
(iii) Retaining or
				reestablishing areas of trees, shrubs, and herbaceous growth along the channel
				in accordance with Regulation .05E; and
(iv) Replacing wetlands in accordance with
				Regulation .05F.
(e) A
				signed statement from the local soil conservation district, stating that the
				project's farmland will meet the soil conservation and water quality plan
				requirements in accordance with Regulation .06.
(3) The project's design shall comply with
				Regulation .05, and the construction or reconstruction of the project shall
				comply with Regulation .06.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.01 - Agricultural Drainage Projects › Section 15.20.01.05 - Construction or Reconstruction Design Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
The design of a project shall conform to the following
				  criteria:
A. Channel Design.
(1) An outlet shall be designated for each
				channel to permit the discharge of water by gravity flow or pumping.
(2) All channels shall be sloped and aligned
				to produce stable channels.
(3)
				Water Control Structures.
(a) The channel
				design shall include necessary water control structures for the efficient
				functioning of the channels. These structures include:
(i) Water control devices and
				weirs;
(ii) Flood gates;
(iii) Pumping bays; and
(iv) Other structures affecting the
				functioning of the channel.
(b) Water control structures shall be
				designed, where applicable, according to the provisions in Natural Resources
				Article, §
											4-501 et seq.,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.01 - Agricultural Drainage Projects › Section 15.20.01.06 - Construction and Maintenance Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. In-stream Excavation. Except with the
				written permission of the Secretary of the Department of Natural Resources,
				in-stream excavation or clearing is prohibited between the following dates:
(1) October 1 through April 30 in natural
				trout waters;
(2) March 1 through
				May 31 in recreational trout waters; and
(3) March 15 through June 15 in anadromous
				fish spawning waters.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.01 - Agricultural Drainage Projects › Section 15.20.01.07 - Operation and Maintenance Program Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
The operation and maintenance program for a project shall
				  conform to the following:
A. General
				Maintenance. General maintenance to a channel, maintenance areas, and
				right-of-ways includes the:
(1) Removal of
				obstructions, debris, and sediment;
(2) Control of woody growth;
(3) Cleaning out of permanent sediment
				traps;
(4) Installation of
				necessary sediment traps;
(5)
				Installation of necessary water control structures where uncontrolled
				concentrated flow of water enters a channel;
(6) Stabilization of eroding areas;
(7) Routine repair of damaged structures and
				channel banks; and
(8) Observation
				of all other sound operation and maintenance practices.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.01 - Agricultural Drainage Projects › Section 15.20.01.08 - Agency Approval of a Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				In this regulation, "plan" means a construction or reconstruction plan, or
				operation and maintenance plan, or both, as appropriate.
B. Plan Submission.
(1) Within 14 days of receiving a project
				plan, the Secretary of Agriculture shall forward a copy to the Secretaries of
				Natural Resources and the Environment.
(2) The Departments of Natural Resources and
				the Environment shall have 60 calendar days from receipt to review a plan and
				respond in writing to the Secretary.
(3) The Secretary shall review the comments
				from the Departments of the Environment and Natural Resources. If there is any
				significant disagreement among the three Departments concerning the plan, the
				Secretary shall schedule a meeting between the Departments to resolve any
				disagreement.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.01 - Agricultural Drainage Projects › Section 15.20.01.09 - Inspection and Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Channel Inspection by the Association.
(1)
				The association managers or designee shall inspect the project within 2 weeks
				following any storm which results in water flow exceeding channel
				capacity.
(2) An association shall
				send a written inspection report to the Secretary not later than 90 days
				following the storm event. The report shall:
(a) Detail the damage to the channels,
				vegetation, and water control structures; and
(b) Describe needed repairs and corrective
				maintenance and the projected time when the work shall be
				accomplished.
(3) The
				association managers or designee shall inspect the project at least once every
				2 years. The following apply:
(a) An
				association shall send a written inspection report to the Secretary by March
				1st of the appropriate year. The report shall:
(i) Outline the last inspection of the
				project performed not more than 6 months before submission;
(ii) Detail the condition of the channel,
				vegetation, and structures;
(iii)
				Describe needed maintenance and the projected time when the work shall be
				completed; and
(iv) Describe the
				work completed in the previous 2 years.
(b) An association need not file the biennial
				written inspection report required in §A(3) if:
(i) Storm damage occurred during the 6 months
				before March 1st of the appropriate year; and
(ii) An inspection report required in
				§A(1) was submitted.
(4) An association shall keep records on work
				performed on a project. These records shall:
(a) Include the items of work, cost, and the
				date the work was completed; and
(b) Be made available upon request to the
				Secretary.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.03 - Deferral of Mitigation of Nontidal Wetlands on Agricultural Land › Section 15.20.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter describes how farm owners or operators may
				  petition the Department of Agriculture for written permission to defer
				  mitigation for nontidal wetlands for agricultural activities under the Nontidal
				  Wetlands Protection Act, Natural Resources Article, Title 8, Subtitle 12,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.03 - Deferral of Mitigation of Nontidal Wetlands on Agricultural Land › Section 15.20.03.02 - Petition to Defer Mitigation

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the requirements of this chapter, a farm owner or
				  operator may petition the Department for written permission to defer an
				  applicable nontidal wetland mitigation component of a soil conservation and
				  water quality plan on the grounds that mitigation will create an economic
				  hardship that would jeopardize the continued operation of the
				  farm.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.03 - Deferral of Mitigation of Nontidal Wetlands on Agricultural Land › Section 15.20.03.03 - Petition Content

Current through Register Vol. 51, No. 14, July 12, 2024
A farm owner or operator who petitions the Department as
				  provided under Regulation .02 of this chapter shall use a departmental form
				  that contains:
A. The name and address
				of the farm owner or operator;
B.
				The farm's location;
C. The farm's
				total acreage;
D. A description of
				the farm's operation;
E. The number
				of nontidal wetland acres requiring mitigation;
F. A copy of proposed mitigation
				alternatives;
G. The estimated cost
				or costs of the mitigation proposal or proposals, verified by the local soil
				conservation district;
H. A
				statement showing how mitigation will jeopardize the continued operation of the
				farm;
I. A financial statement:
(1) Showing the owner or operator's complete
				assets and liabilities for the most current 2 consecutive years, and
(2) Signed by the owner or operator under the
				penalty of perjury that the information contained in the financial statement is
				true and correct; and
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.03 - Deferral of Mitigation of Nontidal Wetlands on Agricultural Land › Section 15.20.03.04 - Grounds for Deferral

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall decide whether an applicant is entitled
				  to a deferral of mitigation of nontidal wetlands by doing the following:
A. Evaluating the applicant's petition and
				determine the applicant's net worth;
B. Comparing the applicant's net worth with
				the cost of any proposed mitigation alternatives on the farm; and
C. Determining whether a deferral is
				justified on the grounds that any required mitigation of nontidal wetlands will
				create an economic hardship which would jeopardize the viable continued
				operation of the farm.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.03 - Deferral of Mitigation of Nontidal Wetlands on Agricultural Land › Section 15.20.03.05 - Department Deferral

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				Department makes a written determination that mitigation will create an
				economic hardship that would jeopardize the continued operation of a farm,
				mitigation may be deferred until one or more of the following occur:
(1) The economic hardship no longer
				exists;
(2) The current owner or
				operator transfers the farm to a new owner or operator, but if this occurs, the
				current owner or operator shall remain responsible for any mitigation;
				or
(3) Agricultural activities no
				longer take place on the impacted nontidal wetland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.03 - Deferral of Mitigation of Nontidal Wetlands on Agricultural Land › Section 15.20.03.06 - End of Deferral

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the
				time the Department determines the end of the economic hardship as provided in
				this chapter, an owner or operator shall implement the mitigation component of
				the Soil Conservation and Water Quality Plan within 3 years of the loss of the
				nontidal wetlands, or within 1 year of the end of the economic hardship,
				whichever is greater.
B. Within 90
				days of the end of the Department's determination of economic hardship, an
				owner or operator shall file the required surety bond with the Department of
				Natural Resources under COMAR 08.05.04.13D.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.03 - Deferral of Mitigation of Nontidal Wetlands on Agricultural Land › Section 15.20.03.07 - Department Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Department shall submit an annual mitigation report to the Department of
				Natural Resources at the end of each fiscal year.
B. The report in §A of this regulation
				shall provide the following information on the status of the Department's
				approval of economic hardship mitigation deferrals for each farm:
(1) Whether the economic hardship still
				exists;
(2) Whether the owner or
				operator granted the deferral is the current owner or operator; and
(3) The acreage of nontidal wetland losses
				for which mitigation has been deferred because of the economic
				hardship.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.03 - Deferral of Mitigation of Nontidal Wetlands on Agricultural Land › Section 15.20.03.08 - Public Information

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall deny public access to records if access
				  is denied under the Maryland Public Information Act, State Government Article,
				  Title 10, Subtitle 6, Annotated Code of Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.03 - Deferral of Mitigation of Nontidal Wetlands on Agricultural Land › Section 15.20.03.09 - Revoking Approval

Current through Register Vol. 51, No. 14, July 12, 2024
After an opportunity for a hearing, the Department may refuse
				  to issue or revoke its approval granted to any person under this chapter
				  for:
A. Any false or incomplete
				statements made by any person to the Department for the Department's approval;
				or
B. A violation of any of the
				provisions of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. These
				regulations describe the Department's certification and licensing program for
				individuals or businesses that prepare and offer farm nutrient management
				plans.
B. When a nutrient
				management plan is prepared for a farm it indicates how essential primary
				nutrients, that is, nitrogen, phosphorus, and potassium, are to be annually
				managed on farm fields for crop production and for the protection of water
				quality. Plans contain recommendations to farmers based on expected crop yield,
				existing nutrient levels in the soil, organic residuals, optimum timing and
				placement of nutrients, environmental protection, and normal farming practices
				such as liming, tillage, and crop rotation. The Department shall certify
				qualified individuals to prepare these plans.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meaning indicated.
B. Terms Defined.
(1) "Certified farm operator" means an
				individual certified by the Department under this subtitle to prepare a
				nutrient management plan solely for agricultural land that the individual:
(a) Owns;
(b) Operates, or
(c) Has a legal interest in.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 20 - SOIL AND WATER CONSERVATION › Chapter 15.20.04 - Nutrient Management Certification and Licensing › Section 15.20.04.03 - Certification and License Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless certified by the Department, an
				individual may not act as a certified nutrient management consultant or a
				certified farm operator as provided by this chapter.
B. Unless licensed by the Department, a
				person may not engage in the business of providing a certified nutrient
				management plan as provided by this chapter.