Md. Code, Agriculture, Title 3

Md. Code, Agriculture, Title 3
in effect

Md. Code, Agriculture § 3-101

(a) The Secretary shall protect the health of the domestic animals of the State from all contagious or infectious diseases. For this purpose, the Secretary may: (1) Adopt and enforce quarantine, sanitary, or other rules and regulations he deems necessary; (2) Make and prosecute diligent inquiries in the several counties to ascertain the exact condition of the health of the livestock; and (3) Notwithstanding § 3–102 of this subtitle, prohibit the importation from another state of any animal he has reason to believe is infected with or has been exposed to a contagious or infectious disease and detain the animal at any place for inspection or quarantine. (b) The Secretary may establish, maintain, and enforce a quarantine order if he determines it is urgent and necessary for the prompt performance of the provisions provided in this section. (c) The Secretary may adopt rules and regulations governing the importation of domestic animals into the State from another state. (d) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall maintain all animal health diagnostic or analytical reports and reports filed under an animal health program established by the Secretary in a manner that protects the identity of the animal owner. (2) (i) If the Secretary determines that the disclosure is necessary to protect the public health or prevent the spread of an infectious or contagious disease, the Secretary may disclose identifying information. (ii) In determining whether disclosure is necessary to protect the public health or prevent the spread of an infectious or contagious disease, the Secretary shall consult with the Secretary of Health.

Md. Code, Agriculture § 3-102

If the Secretary presents facts to the Governor showing the existence of any contagious or infectious disease among domestic animals of another state, the Governor, by proclamation, may declare any state or any geographical area of it, in quarantine. During the quarantine no person may bring into the State from a quarantined area any animal of the kind so infected.

Md. Code, Agriculture § 3-103

(a) The Secretary may cooperate with the Department of Agriculture of the United States or other properly constituted agency of the federal government, to eradicate or control any contagious or infectious disease among livestock or poultry in the State, if the agreement provides that any work shall be controlled by the State. (b) In the event of an epidemic of contagious or infectious disease among livestock or poultry in the State, the Secretary may appoint the assistants necessary to suppress promptly the epidemic. The Secretary shall fix compensation for the assistants.

Md. Code, Agriculture § 3-104

(a) Every local health authority of every county shall investigate each reported case of contagious or infectious disease of livestock or poultry in the county. If the authority finds a contagious or infectious disease, it shall report to the Secretary. (b) Any person practicing veterinary medicine in the State shall report immediately to the Secretary any contagious or infectious disease among livestock or poultry of which he has knowledge. The report shall be in writing, and include a description of each animal affected, the name and exact address of the owner or person in charge of the animal, if known, the exact location of the animal, and the number of susceptible domestic animals that have been exposed to the disease. The report shall be made within 48 hours after the person knows of the disease.

Md. Code, Agriculture § 3-105

(a) To prevent the spread of contagious or infectious diseases, the Secretary, or his agent, may: (1) Visit at any time the location in any county where he has reason to believe any contagious or infectious disease may exist; (2) Test any animal for any contagious disease by any method; (3) Order every animal which has been exposed to a contagious or infectious disease to be isolated in the manner he deems necessary to prevent the spread of the disease; (4) Order any location where any contagious or infectious disease has existed or presently exists to be quarantined, so that no domestic animal of the same species may be removed from or brought to the quarantined premises until it is properly disinfected; (5) Issue any order he deems necessary or expedient to prevent the communication of any infectious or contagious disease from the quarantined area; (6) Issue an order requiring the destruction of any animal infected with or exposed to an infectious or contagious disease, and for the proper destruction of its hide or carcass, and any object which might carry infection or contagion; (7) Issue an order requiring disinfection of every building, premises, vehicle, and every object which may breed or convey any infectious or contagious disease; (8) Destroy any building or article that is contaminated and incapable of proper disinfection; (9) Modify, cancel, or withdraw the terms of any order the Secretary issues pursuant to this subtitle; and (10) Institute a livestock patrol along the State borders to prevent any livestock affected with any contagious or infectious disease from being brought into the State contrary to the laws regulating shipment of livestock into the State. (b) The owner or his agent shall secure the animal to make it possible for the Secretary or his agent to apply any test. (c) The Secretary may order any sheriff, deputy sheriff, or other law enforcement officer of the State or of any county to provide information or assist in the execution or enforcement of any order of the Department. (d) For the performance of duties imposed by this section, the sheriff, deputy sheriff, or other law enforcement officer shall be compensated on a basis of performance of similar duties under existing laws.

Md. Code, Agriculture § 3-105.1

§3–105.1. (a) The Secretary or a designee of the Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any factory, warehouse, vehicle, building, establishment, or other premises to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to the regulation and prevention of infectious and contagious livestock and poultry diseases. (b) (1) The application shall be in writing and signed and sworn to by the applicant and shall particularly describe the place, structure, premises, vehicle, or records to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant. (2) Before the filing of a search warrant application with a court, it shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application. (c) A judge of a court referred to in subsection (a) of this section may issue the warrant on finding that: (1) The applicant has sought access to the property for the purpose of making an inspection; (2) (i) After requesting, at a reasonable time, the owner, tenant, or other individual in charge of the property to allow access, has been denied access to the property; or (ii) After making a reasonable effort, has been unable to locate any of these individuals; (3) The requirements of subsection (b) of this section are met; (4) The Secretary or designee of the Secretary is authorized or required by law to make an inspection of the property for which the warrant is sought; and (5) Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of this subtitle or any rule or regulation adopted under this subtitle. (d) (1) An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle, or records to be inspected. (2) The inspection conducted may not exceed the limits specified in the warrant. (e) An administrative search warrant issued under this section authorizes the Secretary or designee of the Secretary to enter the specified property to perform the inspection, sampling, and other functions authorized by law to determine compliance with the provisions of this subtitle relating to the regulation and prevention of infectious and contagious livestock and poultry diseases. (f) An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within: (1) The time specified in the warrant, not to exceed 30 days; or (2) If no time period is specified in the warrant, 15 days from the date of its issuance. (g) Any information obtained pursuant to an administrative search warrant shall be considered as confidential and may not be disclosed except to the extent utilized in an administrative or judicial proceeding.

Md. Code, Agriculture § 3-106

The Secretary or his agent may prohibit the shipment of livestock or poultry into an area in which contagious disease eradication is being carried on until the livestock or poultry have been subjected to a test satisfactory to the Secretary and have been found to be free of any contagious disease. The Secretary may quarantine any animals that may have been brought into the area and require that they be tested as provided in § 3–105 of this subtitle.

Md. Code, Agriculture § 3-107

(a) (1) This section does not apply to and the Department is not responsible for the reimbursement of any person whose flock of ducks dies or is quarantined and destroyed because of an infectious or contagious disease if those ducks were imported into the State without being certified as disease free. (2) Before any building or article is destroyed or any animal slaughtered, the Secretary shall have the building, article, or animal appraised pursuant to the departmental rules and regulations. (b) There shall be two appraisers who shall be sworn before any officer authorized to administer oaths and affirmations. One shall be appointed by the owner or the agent of the owner of the building, article, or animal to be destroyed or slaughtered, and the other shall be appointed by the Secretary. If there is a disagreement, the Secretary shall appoint a third appraiser. If the owner or his agent refuses or neglects to name an appraiser, the Secretary shall appoint one. (c) The appraisal of any animal, together with its carcass, hide, and offal, may not exceed 90 percent of the fair market value of the animal, or $500 for any one animal. The appraisal of any building may not exceed 90 percent of its fair market value. When approved by the Secretary, the appraisal shall be filed with the Comptroller who shall issue his warrant to the Treasurer in favor of the owner for the amount of the appraisal. (d) If the owner of the building, article, or property is not satisfied with the appraisal, he may appeal to the circuit court of the county where the building, article, or property is located. The appeal shall be heard de novo.

Md. Code, Agriculture § 3-108

When any animal is slaughtered under the provisions of this subtitle, the owner may dispose of the carcass or any part of it, the hides, and offal, pursuant to the departmental rules and regulations, and in a manner that does not tend to spread disease or endanger the public health.

Md. Code, Agriculture § 3-109

The owner of any domestic animal that has died of a contagious or infectious disease shall bury it at a depth of at least three feet or burn it within three hours before sunset of the day following the discovery of the animal.

Md. Code, Agriculture § 3-110

A person may not knowingly expose any animal to an animal infected with a contagious or infectious disease, or place or cause to be placed any healthy or unexposed animal of the same species on any premises declared to be infected, until the infected animal is declared free from infection by the Secretary or agent. In addition to any penalty provided by the provisions of this article, any animal introduced into any infected location that has been declared infected shall be slaughtered by the Secretary or his agent, or upon order of the Secretary, without appraisement or compensation from the State.

Md. Code, Agriculture § 3-111

(a) A person may not sell or otherwise dispose of an animal which he knows or has good reason to believe is infected with any contagious or infectious disease, or has been exposed to one within 90 days. Also, a person may not permit the animal to pass over any public highway, street, lane, or alley, or to graze any unfenced lot or piece of ground without the consent of the Secretary. (b) No person may inoculate any animal in the State with the virus of any infectious or contagious disease incident to animals without the written consent of the Secretary.

Md. Code, Agriculture § 3-112

An agent of the Secretary may not knowingly pass as healthy any diseased animal or any part of it contrary to the departmental rules and regulations.

Md. Code, Agriculture § 3-113

(a) A person may not refuse the Secretary or his agent access to his premises or vehicle nor resist the application of any quarantine order or rule or regulation. (b) A person may not conceal the fact that a contagious or infectious disease exists on his premises.

Md. Code, Agriculture § 3-114

The State’s Attorney of the appropriate county shall prosecute any person accused of violating the provisions of this subtitle and shall defend in every appeal from an appraisement.

Md. Code, Agriculture § 3-115

(a) The General Assembly finds and declares that it is in the public interest to insure the public health, safety, and welfare by strictly regulating in this State the importation, transportation, sale, transfer, and possession of those animals which pose a possibility of: (1) The introduction of a disease or pest harmful to livestock or poultry; (2) Problems of enforcing laws and regulations relative to agriculture and animal husbandry; or (3) Threatening the physical welfare of livestock or poultry populations. (b) (1) For the purposes of this subsection, “animal” does not include: (i) Human beings; (ii) Livestock or poultry; or (iii) Wildlife regulated by the Department of Natural Resources. (2) The Secretary may promulgate a list of animals determined to be harmful to livestock or poultry and prohibit or restrict their transportation, importation, sale, transfer, and possession in this State.

Md. Code, Agriculture § 3-116

(a) In lieu of or in addition to any penalty provided by this title, the Secretary may impose an administrative penalty on any person who violates any provision of this title. (b) The penalty imposed under this section may not exceed $10,000. (c) All penalties collected under this section shall be distributed to the Animal Health Fund established under § 3–117 of this subtitle. (d) The Secretary shall adopt regulations necessary to implement the provisions of this section.

Md. Code, Agriculture § 3-117

(a) In this section, “Fund” means the Animal Health Fund. (b) There is an Animal Health Fund. (c) The purpose of the Fund is to defray the Department’s cost of issuing orders or conducting site visits and animal testing to prevent the spread of contagious or infectious diseases. (d) The Department shall administer the Fund. (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article. (2) The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (f) The Fund consists of: (1) Administrative penalties distributed to the Fund under § 3-116(c) of this subtitle; (2) Money appropriated in the State budget to the Fund; (3) Any investment earnings of the Fund; and (4) Any other money from any other source accepted for the benefit of the Fund. (g) The Fund may be used only for defraying the Department’s cost of issuing orders or conducting site visits and animal testing to prevent the spread of contagious or infectious diseases. (h) (1) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (2) Any investment earnings of the Fund shall be credited to the Fund. (i) Expenditures from the Fund may be made only in accordance with the State budget.

Md. Code, Agriculture § 3-118

(a) A person may not willfully make a false statement to the Department as to: (1) The identity of an animal; (2) The location of an animal; (3) The place of origin or destination of an animal; or (4) The health status of an animal, including whether an animal is infected with or has been exposed to a contagious or infectious disease. (b) A person may not willfully provide false information on any report to the Department or provide false information to any person completing any animal health certificate, any laboratory report, or other document pertaining to the health status of any animal. (c) A person may not willfully alter any animal health certificate or report issued by a veterinarian, any laboratory, any agency of the State of Maryland or its political subdivisions, any agency of the United States or the several states, U.S. territories and the District of Columbia or any sovereign nation regarding the health of any animal entering, leaving, transiting, or residing in the State. (d) A person may not knowingly possess any altered animal health certificate or animal health report or present to any party as genuine, an altered or invalid animal health certificate or report regarding the health of any animal entering, leaving, transiting, or residing in the State. (e) A person may not willfully alter, damage, use, or attempt to use, with the intention to deceive, any animal cargo seal device, an animal or premises identification number, an animal or premises identification device, or an animal or premises registration document used in any animal health program of the Department. (f) A person may not knowingly make false statements or misrepresentations of fact to the Department in the application for any animal health program license, permit, registration, certification, diagnostic service, or an application for participation in any other animal health program of the Department. (g) A person may not willfully alter any license, permit, registration, certificate, laboratory or other report, order, sign, or any other completed document issued by the Department for the purpose of regulating or promoting animal health. (h) A person may not knowingly possess or present to any party as genuine, an altered or invalid license, permit, registration, certificate, laboratory or other report, order, or any other completed document issued by the Department for the purpose of regulating or promoting animal health.

Md. Code, Agriculture § 3-119

(a) (1) The Department may bring an action for an injunction against any person violating the provisions of this subtitle, or violating any valid order or quarantine issued by the Department. (2) In any action for an injunction brought under this section, any finding of the Department after a hearing shall be prima facie evidence of each fact found. (b) (1) On a showing by the Department that any person is violating or is about to violate the provisions of this subtitle or is violating or is about to violate any valid order or quarantine issued by the Department, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law. (2) In circumstances of an emergency creating conditions of imminent danger to animal health, the Department may institute an action for an immediate injunction to halt any activity causing the danger. (3) An injunction instituted under paragraph (2) of this subsection shall be issued without bond.

Md. Code, Agriculture § 3-201

(a) In this subtitle the following words have the meanings indicated. (b) “Biological product” means any product derived from or containing microorganisms or animal tissues removed from the animal and used for diagnosing, treating, or immunizing against livestock or poultry diseases.

Md. Code, Agriculture § 3-201.1

§3–201.1. (a) (1) Except as provided in this subsection, a person may not possess, sell, donate, or distribute any biological product that is usable for the treatment or prevention of a disease transmissible to a human being. (2) This subsection does not apply to: (i) A physician licensed to practice in this State; (ii) A veterinarian licensed to practice in this State; (iii) A person who sells or distributes a biological product to a physician or veterinarian licensed to practice in this State; (iv) A person employed by the Maryland Department of Health who possesses the biological product under an official program that is being conducted by that Department; (v) A person who, while engaged in the service of a bona fide product laboratory, performs research or an investigation of or about a biological product; (vi) The following products used for immunizing animals: leptospirosis vaccines and bacterins, staphylococcus bacterins and toxoids, streptococcus bacterins and toxoids, newcastle disease vaccine, erysipelas vaccines and bacterins, tetanus toxoids and such other products as may by regulation be granted exception; or (vii) Any other person to whom the Secretary grants an exception that is based on a finding: 1. That there is a need; and 2. That the exception would not impose a serious health hazard. (b) Except as authorized by the Secretary, a person may not possess, sell, donate, or distribute any biological product that is designated by the Secretary for use in a current government program for the control of animal disease.

Md. Code, Agriculture § 3-203

(a) The Secretary may establish, equip, and supervise a biological laboratory for producing any biological product in the State and for investigating and testing biological methods and products for treating livestock and poultry diseases. (b) The Secretary may cooperate with the University System of Maryland to prepare, test, use, and distribute biological products.

Md. Code, Agriculture § 3-204

(a) The Secretary may conduct tests and investigations of any biological product and perform research at the biological products laboratory. (b) Upon request of any governmental unit or political subdivision of the State, the Secretary shall conduct requested tests and investigations of any biological product for public purposes.

Md. Code, Agriculture § 3-205

The Secretary may sell any biological product to any licensed physician or veterinarian. The Secretary may charge a fee to cover the approximate cost of producing the biological product.

Md. Code, Agriculture § 3-206

Notwithstanding any other provision of this subtitle, the Secretary may authorize any person not connected with the State laboratory he deems qualified to make experiments with any biological product.

Md. Code, Agriculture § 3-207

Any person who buys or receives any biological product in intrastate commerce shall maintain a correct record of the amount he receives, uses, and possesses.

Md. Code, Agriculture § 3-208

Any biological product used only for the testing or immunizing of animals sold, donated, or used within the State shall bear a label stating the name and address of the person manufacturing it, the date of its preparation, its contents, its intended use, and stating that it is for animal use only.

Md. Code, Agriculture § 3-209

(a) No person may treat any animal with any material or substance or in any manner for the purpose of preventing normal reaction of the animal to any test. (b) A person may not knowingly sell or offer for sale any animal that has reacted to any test, without informing the purchaser of the reaction. (c) No animal that has reacted to a test may be sold or removed from the premises where the test was made without the written permission of the Secretary.

Md. Code, Agriculture § 3-301

(a) In this subtitle the following words have the meanings indicated. (b) “Livestock” means cattle, swine, sheep, horses, asses, mules, or goats notwithstanding any other provision of this article. (c) “Livestock dealer” means any person who engages in the business of selling, buying, exchanging, or transferring livestock at any place and at any time. (d) “Livestock market” means an established location where livestock are offered for sale. (e) “3–D livestock” means livestock that is unable to rise even with assistance (a “downer”), is debilitated, or is diseased. (f) “Trucker or hauler” means a person who engages in the business of transporting livestock in trucks or other conveyances to or from a farm, a livestock auction, sales agency, or dealer’s premises.

Md. Code, Agriculture § 3-302

The license fees received by the Secretary pursuant to § 3–303 of this subtitle constitute a fund to defray partially expenses incurred in administering this subtitle.

Md. Code, Agriculture § 3-303

(a) No person may be a livestock dealer without first obtaining an annual livestock dealer’s license from the Secretary. No person may operate a livestock market without first obtaining an annual livestock market license from the Secretary for each market he operates. (b) (1) An agent of a person who possesses a livestock dealer’s license is not required to obtain a livestock dealer’s license. (2) A dealer who possesses a livestock market license is not required to obtain a dealer’s license if he sells livestock only at the licensed livestock market. (c) Each license shall be issued upon payment of a $50 fee and shall be effective until June 30, following, unless revoked. (d) The Secretary shall issue an identification card to each licensee and his agent who shall carry it on his person. The licensee or agent shall display the license at each place of business.

Md. Code, Agriculture § 3-304

The Secretary may refuse to issue a license or may suspend or revoke a license on any of the following grounds: (1) Fraudulent or deceptive statement on an application for a license; (2) Conviction of a violation of any of the provisions of this subtitle or the rules or regulations adopted pursuant to it; or (3) Frequent or numerous violations of departmental rules and regulations.

Md. Code, Agriculture § 3-305

(a) Each licensed livestock market operator and licensed livestock dealer shall maintain a record covering all animals received and disposed of by him or his agents. The record shall include date of receipt, date of sale, and name and address of consignor and purchaser. Each animal shall be identified by any of the following (1) by a metal ear tag number, tattoo number, purebred name and registry number, or horn or hoof brand number, or any other method approved by the Secretary, and (2) by breed, sex, age, approximate weight, and health status. The record also shall show the purpose for which the animals are consigned, that is, whether for breeding, feeding, grazing, or milk production. Every record shall be retained for three years. (b) Individual identification is not required for (1) steers, (2) spayed heifers, or (3) calves under eight months of age of beef type for feeding and grazing purposes.

Md. Code, Agriculture § 3-306

(a) Every owner or consignor shall furnish the trucker or hauler of animals being moved to a farm or to sale with a health certificate or a declaration giving the name and address of the owner or consignor of the animals and the name and address of the consignee. Each trucker or hauler shall ensure that the operator of the truck or other vehicle possesses the appropriate health certificate or declaration for each animal. (b) Any consignment of animals not accompanied by the appropriate health certificate or declaration may be quarantined.

Md. Code, Agriculture § 3-307

The Secretary may adopt regulations: (1) Establishing standards of sanitation and sanitary practices to be observed on all premises used by any person licensed pursuant to this subtitle; and (2) Governing the humane treatment of 3-D livestock at a livestock auction.

Md. Code, Agriculture § 3-308

The provisions of this subtitle do not apply to the following: (1) Any person who by dispersal sale is permanently discontinuing the business of dairying, breeding, raising, or feeding animals. (2) The part of the business of a farmer which consists of buying and receiving animals for grazing and feeding purposes and the sale or disposal of these animals after the grazing and feeding period. (3) The sale by a farmer of any breeding, surplus, or unprofitable animal owned by him. (4) The private sale, exchange, or transportation of any equine.

Md. Code, Agriculture § 3-309

Any State’s Attorney to whom any violation is reported shall institute appropriate judicial proceedings without delay. Before the Secretary reports a violation for prosecution, the person against whom proceedings are contemplated shall be given the opportunity to present his view.

Md. Code, Agriculture § 3-310

Notwithstanding the existence of other remedies at law, the Secretary may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted pursuant to it. The injunction shall be issued without bond.

Md. Code, Agriculture § 3-401

No person may import into the State cattle for breeding or show purposes, unless the cattle are accompanied by a certificate from a certified inspector in the state of origin, certifying that the cattle have been examined, tested as required by the Secretary, and are free from disease. Cattle may not be imported unless the Secretary approves the certificate. This section does not apply to cattle brought into the State for immediate slaughter.

Md. Code, Agriculture § 3-402

In lieu of an inspection certificate, imported cattle may be detained at any suitable location in the State nearest any State line from which they are shipped and examined at the expense of the owner. Cattle may be shipped in quarantine to their destination in the State pursuant to departmental rules and regulations if they remain in quarantine until properly examined at the expense of the owner and released by the Secretary.

Md. Code, Agriculture § 3-403

All swine imported into the State for breeding purposes or show purposes shall be accompanied by a health certificate issued by a graduate veterinarian stating that they are free from every infectious or contagious disease, and that no infectious or contagious disease has existed for at least 30 days prior to shipment on the premises from where the swine are shipped. The Secretary shall approve all certificates. This section does not apply to swine imported for immediate slaughter.

Md. Code, Agriculture § 3-404

(a) For purposes of this section, “garbage” means any putrescible animal and fowl waste resulting from the handling, preparation, cooking, and consumption of foods, including any animal and fowl carcass, part of it, and any other substance that has been mixed with or been in contact with any animal or fowl waste or carcass. The Secretary may exclude from this definition: (1) Wastes that have been heat–treated to the extent that the resultant material is of uniform consistency containing by analysis not more than ten percent moisture, and which he has determined to be nonputrescible. Such treated nonputrescible waste shall be deemed commercial feed as the term is used in § 6–101 of this article, and shall be subject to the provisions of Title 6 of this article. (2) Wastes that have been heat–treated at their source in a manner which, in the opinion of the Secretary, would render them incapable of transmitting disease. Discharged animal feces may be included in hog feeds only if the finished feed meets the standards established by the United States Food and Drug Administration. Any person desiring to feed wastes in accordance with this provision shall obtain a license for that purpose from the Department, which license shall be issued annually in accordance with the terms described therefor at a fee of $100. Any fee collected under this subsection constitutes a fund to defray partially the cost of inspection and other expenses necessary for administering this subsection. (b) Garbage fed to swine contributes to the spread of infectious animal diseases. Therefore, it is the public policy of the State to prohibit the feeding of garbage to assist in the prevention and eradication of animal diseases and to protect the public health and public welfare. (c) No person may feed garbage to any swine, or deposit or receive garbage at any location where any swine is kept. (d) If any swine is fed garbage in violation of this section, it may not be sold or removed from the location within 30 days of having consumed the garbage, or longer if prescribed by the Secretary, and if the Secretary approves its removal. (e) This section does not apply to any person who feeds garbage from his own household to swine on his premises, if the swine is not sold or removed from the premises.

Md. Code, Agriculture § 3-405

(a) The Secretary may adopt rules and regulations he deems necessary to administer this section and enjoin violations of the section and departmental rules and regulations. (b) The Secretary or his agent may enter any location to conduct reasonable inspections in order to enforce § 3–404 of this subtitle. (c) The authority provided by this section and § 3–404 of this subtitle is in addition to and not in limitation of any other authority of the Secretary provided by law.

Md. Code, Agriculture § 3-502

(a) No person may permit a herd of livestock upon any improved highway of the State unless the herd is attended by competent persons. (b) At least one attendant shall precede the herd at a distance of not more than 100 yards, and there shall be a driver not more than 100 yards in the rear of the herd.

Md. Code, Agriculture § 3-503

The front and rear attendants shall carry a red lighted lantern from 30 minutes after sunset until sunrise to warn all persons approaching the herd so that proper precaution may be taken with reference to passing the herd.

Md. Code, Agriculture § 3-504

This subtitle does not apply to farmers or dairymen driving their herds to and from pasture, different farms, or parts of farms owned or occupied by them.

Md. Code, Agriculture § 3-601

This subtitle does not apply in Caroline County, Dorchester County, Garrett County, Montgomery County, or Prince George’s County.

Md. Code, Agriculture § 3-603

(a) The owner or occupant of an enclosure who finds a stray horse, sheep, hog, cow, or other domestic animal trespassing on the enclosure may impound the animal if the owner of the animal is known. (b) If the stray animal has caused damage, the individual who impounded the animal may have the damage valued under oath by two disinterested residents of the county. (c) After the damage is valued, the individual who impounded the animal shall notify the owner of the animal of the impoundment and the amount of the damage. (d) (1) After giving notice, the individual who impounded the animal may sell the animal at public auction to the highest bidder for cash unless the damage and a reasonable compensation for feeding the animal while impounded are paid or tendered. (2) The notice shall describe the animal and state the time and place of sale. (3) This notice shall be sent to the owner and be posted at least 10 days before the auction at three or more public places in the neighborhood. The day of impounding and the day of sale are not counted as part of the notice period. (e) (1) The individual who impounded the animal may deduct from the proceeds of the sale the amount of the damage and a reasonable compensation for keeping the animal while impounded. (2) On demand, the individual who impounded the animal shall pay over the residue of the sale proceeds to the owner of the animal.

Md. Code, Agriculture § 3-701

(a) A person may not willfully and maliciously open the gate of another’s field, pasture, or enclosure that encloses livestock. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

Md. Code, Agriculture § 3-801

(a) In this subtitle the following words have the meanings indicated. (b) “Live poultry market” means any facility or location where poultry: (1) Is offered for sale, sold, distributed, or transferred; or (2) Is slaughtered and sold on–site. (c) “Poultry” means any living domesticated bird. (d) “Poultry dealer” means a person who engages in the business of buying, selling, exchanging, or transporting poultry between a production facility and a live poultry market. (e) “Production facility” means the facility or farm that is the origin of poultry offered for sale at a live poultry market.

Md. Code, Agriculture § 3-802

(a) Except as provided by the Secretary, each live poultry market operator, production facility operator, and poultry dealer shall obtain an annual license from the Secretary. (b) Each license shall be effective until the following June 30, unless suspended or revoked.

Md. Code, Agriculture § 3-803

(a) In addition to the power to protect the health of domestic animals set forth elsewhere in this article, and subject to Subtitle 10 of this title, the Secretary may adopt an animal health protection program that is applicable to any live poultry market, production facility, and poultry dealer. (b) An animal health protection program adopted by the Secretary under subsection (a) of this section may include a program that meets the regulatory requirements of the United States Department of Agriculture’s Uniform Standards for the Prevention and Control of H5 and H7 Low Pathogenicity Avian Influenza in the live bird marketing system.

Md. Code, Agriculture § 3-804

(a) Except as provided by the Secretary, a person may not keep poultry unless the poultry is registered with the Secretary. (b) A person who keeps poultry shall complete and submit to the Secretary a registration form on which the person shall include: (1) The name of the poultry keeper; (2) The location of the property on which the poultry is kept; (3) The type of poultry; and (4) Any other related information required by the Secretary. (c) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall maintain a person’s registration record filed under subsection (b) of this section in a manner that protects the identity of the registrant. (2) If the Secretary, after consultation with the Secretary of Health, determines that the disclosure is necessary to protect the public health or prevent the spread of an infectious or contagious disease, the Secretary may disclose identifying information.

Md. Code, Agriculture § 3-805

The Secretary may refuse to issue a license or registration, or may suspend or revoke a license or registration, on any of the following grounds: (1) Fraudulent or deceptive statement on an application for a license or certificate; or (2) A violation of Subtitle 1 of this title or any regulations adopted by the Secretary under this subtitle.

Md. Code, Agriculture § 3-901

In this subtitle, “transport” means to carry a horse, cause a horse to be carried, or allow a horse to be carried in a vehicle on a highway in the State.

Md. Code, Agriculture § 3-902

(a) A person may not transport a horse in a vehicle that is not designed and constructed in a manner that at all times protects the health and well-being of the horse being transported. (b) To meet the requirements of subsection (a) of this section, at a minimum, a vehicle used to transport a horse shall: (1) Be limited to one level throughout the vehicle where animals are confined; (2) Have an interior height sufficient to allow each horse being transported to stand with its head extended to the fullest normal upright position without making contact with the roof or an overhead structure; (3) Have doorway heights and widths that allow a horse to pass through without touching the sides of the openings; (4) Be equipped with ramps if the vertical distance from the floor to the compartment containing the horse is greater than 15 inches; (5) If the vehicle is equipped with ramps that sit at greater than a 25 degree angle, have ramps equipped with antiskid flooring and rails; and (6) Contain adequate space to ensure that no horse is crowded in a way that is likely to cause injury.

Md. Code, Agriculture § 3-903

Instead of any other penalty authorized under this article, a person who violates this subtitle is subject to a civil penalty of: (1) For a first violation, $500 for each horse being transported; and (2) For a second or subsequent violation, $1,000 for each horse being transported.

Md. Code, Agriculture § 3-1001

(a) In this subtitle the following words have the meanings indicated. (b) “Administered in a regular pattern” means used: (1) For multiple courses of therapy in the same animal or group of animals; or (2) As 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: 1. Age or weight of an animal; 2. Time of the week, month, or year; or 3. Season; or (iii) When moving animals from one location to another. (c) “Control the spread of disease or infection” means to contain the transmission of a documented disease or infection present in: (1) A group of animals in contact with each other; or (2) A barn or equivalent animal housing unit. (d) “Documented” means acknowledged and recorded. (e) (1) “Elevated risk” means a risk that is significantly higher than that present under normal or standard operating conditions. (2) “Elevated risk” does not include a risk typically or frequently present under normal or standard operating conditions. (f) “Medically important antimicrobial drug” means any drug from a class of drug or derivative of a class of drug that is: (1) (i) Made from a mold or bacterium that kills or slows the growth of other microbes, specifically bacteria; and (ii) Used in human beings or intended for use in human beings to treat or prevent disease or infection; or (2) Listed in: (i) Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, or important antimicrobial drugs; or (ii) A subsequent guidance document created by the federal Food and Drug Administration that ranks the medical importance of antimicrobial drugs. (g) “Medically important antimicrobial drug prescription” means an order issued by a veterinarian licensed in the State in the course of the veterinarian’s professional practice: (1) For a medically important antimicrobial drug that is: (i) In a water–soluble powder form; and (ii) To be added to the drinking water of cattle, swine, or poultry; and (2) That provides the same or substantially similar information as the information that is required for a veterinary feed directive under Title 21, § 558.6(b)(3) and (4) of the Code of Federal Regulations. (h) “Owner” means a person that: (1) Has an ownership interest in cattle, swine, or poultry, including a right or an option to purchase the cattle, swine, or poultry; or (2) Is otherwise engaged in the business of obtaining live cattle, swine, or poultry under a growing agreement for the purpose of either slaughtering the cattle, swine, or poultry or selling the cattle, swine, or poultry for slaughter. (i) “Prophylaxis” means the prevention of disease or infection in the absence of documented clinical signs of disease or infection. (j) “Treat a disease or infection” means to resolve clinical signs of infection or disease in an infected animal. (k) “Veterinary feed directive” means a written statement issued by a veterinarian licensed in the State in the course of the veterinarian’s professional practice that: (1) Orders the use of an animal drug in or on animal feed; (2) Authorizes an owner or a caretaker of an animal to obtain and use animal feed bearing or containing an animal drug to treat the animal; and (3) Meets the conditions and requirements specified under Title 21, § 558.6 of the Code of Federal Regulations.

Md. Code, Agriculture § 3-1002

Except as otherwise provided in federal law or regulation, this subtitle does not apply to antimicrobial use in: (1) Cattle on a farm operation that sells fewer than 200 cattle per year; (2) Dairy cattle on a farm operation with a herd size of fewer than 300 dairy cattle; (3) Swine on a farm operation that sells fewer than 200 swine per year; or (4) Poultry on a farm operation that sells fewer than 60,000 birds per year.

Md. Code, Agriculture § 3-1003

(a) A medically important antimicrobial drug may not be administered in feed or water to cattle, swine, or poultry unless ordered by a licensed veterinarian through: (1) A medically important antimicrobial drug prescription; or (2) A veterinary feed directive. (b) (1) On or after January 1, 2018, and subject to subsection (c) of this section, a medically important antimicrobial drug may be administered to cattle, swine, or poultry if, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is necessary: (i) To treat a disease or infection; (ii) To control the spread of a disease or infection; or (iii) For a surgery or medical procedure. (2) (i) On or after January 1, 2018, a medically important antimicrobial drug may be administered to cattle, swine, or poultry if, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is necessary for prophylaxis to address an elevated risk of contraction of a particular disease or infection. (ii) Notwithstanding subsection (e) of this section, administration of a medically important antimicrobial drug for the purpose of prophylaxis may not exceed 21 days unless federal label directions require a longer period of use. (c) Unless administration of a medically important antimicrobial drug is consistent with subsection (b)(1) of this section, a medically important antimicrobial drug may not be administered in a regular pattern to cattle, swine, or poultry. (d) A medically important antimicrobial drug may not be administered to cattle, swine, or poultry solely for the purpose of: (1) Promoting weight gain; or (2) Improving feed efficiency. (e) (1) Except as provided in paragraphs (2) and (3) of this subsection, a medically important antimicrobial drug may not be administered to cattle, swine, or poultry for a period longer than 21 days. (2) A medically important antimicrobial drug may be administered to cattle, swine, or poultry for a period longer than 21 days if the federal label directions for the drug require a longer period of use. (3) (i) A licensed veterinarian may extend administration of a medically important antimicrobial drug for not more than 21 days if, after conducting an on–site visit, the veterinarian determines that the extension is necessary to treat or control the spread of disease or infection. (ii) A licensed veterinarian may grant additional extensions of not more than 21 days, provided that the veterinarian conducts an on–site visit before each extension. (f) On or before January 1, 2021, the Department shall adopt regulations prohibiting the routine administration of a medically important antimicrobial drug to dairy cattle entering a dry cycle except when necessary based on an assessment of the presence of an intramammary infection.

Md. Code, Agriculture § 3-1004

(a) Each year the Department shall collect publicly available data on the use in the State of medically important antimicrobial drugs in cattle, swine, and poultry from: (1) The U.S. Department of Agriculture; (2) The Centers for Disease Control and Prevention; (3) The U.S. Food and Drug Administration; and (4) Appropriate national and State trade associations, organizations, and councils. (b) On or before February 1 each year, a licensed veterinarian shall submit to the Department, in a manner determined by the Department: (1) A copy of the record prescribing the medically important antimicrobial drug or a copy of the veterinary feed directive for each medically important antimicrobial drug, as listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, administered in feed or water to cattle, swine, or poultry during the previous calendar year; and (2) An accounting, as provided by the owner, of the total number of animals raised during the previous calendar year, categorized by species and production class. (c) (1) On or before July 1 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the data collected under subsections (a) and (b) of this section. (2) The report shall include the following information for the previous calendar year: (i) The total number of animals raised on farm operations covered by this subtitle, categorized by species and production class; (ii) The specific antimicrobial active ingredients and classes of antimicrobial active ingredients used; (iii) The total weight of antimicrobial active ingredients used; (iv) Indications for which veterinarians prescribed medically important antimicrobial drugs; and (v) Patterns of use for medically important antimicrobial drugs, including duration and seasonal variation. (3) (i) Subject to subparagraph (ii) of this paragraph, the information required under paragraph (2) of this subsection shall be disaggregated by county. (ii) If there are two or fewer reporting farm operations in a particular county for any of the categories described in paragraph (2) of this subsection, the Department may report the information for that category on a regional or statewide basis. (d) The Department shall maintain all records and information relating to the administration of medically important antimicrobial drugs submitted to the Department under this section: (1) In a manner that protects the identity of the owner, operator, and veterinarian for whom the information was submitted; and (2) For at least 5 years.

Md. Code, Agriculture § 3-1005

The Secretary may impose an administrative penalty, not exceeding $2,000 per violation, on a person that violates this subtitle.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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