Md. Code, Agriculture, Title 10

in effect

Md. Code, Agriculture § 10-10A-01

(a) There is a Seafood Program Management Team to be administered by the Maryland Cooperative Extension. (b) The Team shall: (1) Establish and monitor a grant program for the implementation of appropriate projects that support the economic health of the Maryland seafood industry; (2) Prioritize, select for funding, and oversee seafood industry projects under a rapid response structure; and (3) Examine new technologies, equipment, raw and value–added products, feasibility studies, and market development and cost control strategies. (c) The Team shall consist of the following 18 individuals appointed by the Department: (1) 12 members including: (i) 1 holder of tidal fisheries license; (ii) 1 crab processor; (iii) 1 oyster packer; (iv) 1 surf clam processor; (v) 1 finfish processor; (vi) 1 value–added processor; (vii) 1 wholesale distributor; (viii) 1 seafood distributor; (ix) 1 aquafarmer; (x) 1 representative of the Chesapeake Bay Seafood Industries Association; (xi) 1 representative of the Maryland Watermen’s Association; and (xii) 1 representative of the Seafood Marketing Advisory Commission; and (2) 6 advisors, including 1 representative each from: (i) The University of Maryland, College Park Campus; (ii) The University of Maryland Eastern Shore; (iii) The Department; (iv) The Department of the Environment; (v) The Department of Natural Resources; and (vi) The Maryland Department of Health. (d) (1) (i) Team members shall select the chair from among the Team members. (ii) Only Team members may vote in the selection of projects to be funded. (2) At the invitation of the members, Team advisors may assist with project design, proposal preparation, and project–related research. (e) If a project is funded by the Team, the Team shall make public the project’s design and results on the Department’s website and by other methods determined by the Team or as required by law.

Md. Code, Agriculture § 10-10B-01

(a) There is an Innovative Seafood Technologies Program. (b) The Program shall: (1) With industry and other relevant partners, evaluate existing and innovative seafood technologies to determine the nature and extent of limitations on expansion and profitability and to identify potential strategies for growth; (2) Conduct applied studies, including comparisons of alternative processing methods, to determine effective and efficient methods to expand the production and profitability of Maryland seafood; (3) Conduct market tests to determine new product acceptability and potential demand; (4) As appropriate, implement pilot projects and small commercial demonstrations to resolve any outstanding quality or production issues and to educate industry representatives, regulators, and other partners; (5) Support the seafood industry in its efforts to implement innovative procedures and to comply with associated regulations; and (6) Enhance the awareness of innovative products and programs among commercial buyers and the general public. (c) As appropriate, the Program shall utilize the expertise of representatives of the Seafood Program Management Team, the seafood industry, including seafood harvesters, producers, processors, buyers, and food industry suppliers, and government and related academic fields.

Md. Code, Agriculture § 10-101

(a) In this subtitle the following words have the meanings indicated. (b) “Agricultural commodity” means livestock, poultry, field crops, including nursery stock, bulbs, and flowers; and other agricultural products having a domestic or foreign market. (c) “Certified agency” means any association, board, council, or other entity authorized by the Secretary to conduct a referendum under this section among the persons qualifying as voters. (d) “Voter”, with respect to a referendum on the question of an annual assessment on a particular agricultural commodity, means any person engaged in the production of the commodity, and includes the owner of the farm on which the commodity is produced, tenants, and sharecroppers.

Md. Code, Agriculture § 10-102

(a) It is declared to be in the interest of the public welfare that the Maryland farmers who are producers of livestock, poultry, field crops, including nursery stock, bulbs, and flowers; and other agricultural products having a domestic or foreign market, shall be permitted and encouraged to act jointly and in cooperation with growers, handlers, dealers, and processors of these products in promoting and stimulating, by advertising and other methods, the increased production, and domestic and foreign use and sale of any agricultural commodities. (b) The passage by the Seventy-Ninth Congress of a law designated as Public Law 733, and, particularly Title II of that act, cited as “Agricultural Marketing Act of 1946”, makes it important for producers, handlers, processors, and others concerned with specific agricultural commodities to associate themselves in action programs, separately, and with public and private agencies, to obtain the greatest and most immediate benefits under the provisions of the federal law, in respect to research, studies, and problems of marketing, transportation, and distribution. (c) It is declared to be in the public interest and highly advantageous to the State’s agricultural economy that farmers, producers, and growers commercially producing agricultural commodities be permitted by referendum to be held among the respective groups and, subject to the provisions of this article, to levy upon themselves an assessment on the respective commodities or upon the acreage used in their production and provide for the collection of the assessment. The assessments are for the financing, or to contribute towards the financing, of a program of advertising and other methods designed to increase consumption and domestic and foreign markets for any agricultural commodity. The assessments also may be used for the financing, or to contribute towards the financing, of a program of production, use, and sale of any agricultural commodity.

Md. Code, Agriculture § 10-103

No association, meeting, or activity undertaken in pursuance of the provisions of this article and intended to benefit all of the producers, handlers, and processors of a particular agricultural commodity shall be deemed illegal or in restraint of trade.

Md. Code, Agriculture § 10-104

(a) Any association, council, board, or other agency fairly representative of persons qualifying as voters may apply to the Secretary for certification and approval to conduct a referendum among the persons qualifying as voters on the question of levying an assessment, and collecting and utilizing the proceeds for the purposes stated in the referendum. (b) Upon the filing of the application the Secretary shall consider the application within 90 days. If the Secretary finds that the applicant is fairly representative of and has been duly chosen and delegated as representative of the persons qualifying as voters, and otherwise finds and determines that the application conforms to the provisions of this article and its purposes, he shall certify the association, council, board, or other agency as the certified agency of the persons qualifying as voters.

Md. Code, Agriculture § 10-105

(a) The certified agency shall arrange and manage any referendum conducted under the provisions of this article and shall bear all expenses in connection with the referendum. (b) Before calling and announcing a referendum, the certified agency shall determine and publicly announce through the public press at least 60 days before the date determined for the referendum: (1) The date, hours, polling places, and rules and regulations for voting; (2) The amount and basis of the assessment proposed to be collected; (3) The method by which the authorized assessment shall be collected; and (4) How the proceeds shall be administered and the general purposes to which they shall be applied. (c) The agency also shall give direct written notice to every farm organization in the State and to the county agent in each county in which the agricultural commodity is grown.

Md. Code, Agriculture § 10-106

(a) Any referendum may be held either on an area or statewide basis, as determined by the certified agency before the referendum is called. (b) Any persons qualifying as a voter may participate in the referendum. (c) The voters shall vote upon the question of whether an annual assessment shall be levied for a period of five years in the amount set forth in the call for the referendum on the agricultural commodity.

Md. Code, Agriculture § 10-107

The certified agency shall prepare and distribute in advance of the referendum all necessary ballots and, under rules and regulations adopted by the certified agency, arrange for the necessary poll holders for conducting the referendum. Within ten days after the referendum, the certified agency shall canvass and publicly declare the result of the referendum.

Md. Code, Agriculture § 10-108

(a) (1) A proposed assessment on an agricultural commodity passes if a majority of those persons qualifying as voters and voting in the area in which the referendum is conducted vote in favor of the levying and collection of the proposed assessment on the agricultural commodity. (2) If a proposed assessment passes, the agency conducting the referendum shall announce the assessment. (b) The assessment shall be collected: (1) According to the method and rules and regulations adopted by the certified agency conducting the referendum; and (2) For the number of years set forth in the call for the referendum.

Md. Code, Agriculture § 10-109

(a) If an assessment has passed and the assessments have been levied annually for the period set forth in the call for the referendum, then the agency that conducted the referendum may call and conduct another referendum during the last year of the assessment period, on the question of an annual assessment for the next 5 years. (b) If a proposed assessment does not pass, then the agency that conducted the referendum may call another referendum the next succeeding year, for the purposes set forth in this subtitle, on the question of an annual assessment for 5 years.

Md. Code, Agriculture § 10-110

The collected assessments shall be paid into the certified agency treasury to be used together with any other funds from other sources, including donations from any person and grants from the State or governmental agencies, to promote and stimulate, by advertising and other methods, the increased domestic and foreign use and sale of the agricultural commodity covered by the referendum. The assessments also may be used to finance research and education programs or to contribute toward the financing of a program on production, use, and sale of any agricultural commodity. The assessments may be used to support multistate, area, or national programs whose purposes are essentially the same as those of the State producers.

Md. Code, Agriculture § 10-111

(a) As an alternate method for the collection of assessments under § 10–110 of this subtitle, and upon the request of a certified agency, the Secretary shall notify, by registered letter, any person engaged in the business of purchasing any agricultural commodity in the State that the assessments shall be deducted by the purchaser, or the purchaser’s agent or representative, from the purchase price of the agricultural commodity. (b) (1) The deducted assessment shall be remitted by the purchaser to the certified agency as directed by the Secretary. (2) A certified agency may initiate judicial proceedings in the circuit court of the county where the agricultural commodity was purchased if a purchaser fails to remit the deducted assessment required under paragraph (1) of this subsection. (c) The books and records of a purchaser of any agricultural commodity shall be open for inspection by the Secretary or the certified agency that conducted the referendum for the agricultural commodity at any time during regular business hours.

Md. Code, Agriculture § 10-112

As an alternate method for the collection of assessments provided for in § 10–110 of this subtitle, the certified agency representing the producers of peaches, apples, or other tree fruits may establish the names and addresses of the persons qualifying as voters, and number of trees or acres of trees and certify them to the Secretary. The Secretary shall notify the persons qualifying as voters by registered letter that by the date specified by the certified agency, the persons qualifying as voters shall pay the assessments to the Secretary. The certified date of collection of the assessments may be established by the certified agency representing the producers of any agricultural commodity.

Md. Code, Agriculture § 10-113

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

Md. Code, Agriculture § 10-114

(a) If the referendum is supported and the assessment is levied and collected as provided, any person upon whom an annual assessment was levied and collected, if dissatisfied with the assessment may demand and receive from the treasurer of the certified agency a refund of the collected annual assessment. (b) The demand for refund shall be made in writing within 30 days from the date of collection from the person. (c) However, any person, qualified to vote in a referendum in which potatoes or peaches are the agricultural commodity, may seek a refund of an assessment, if he pays the assessment by the end of the assessment year in which the assessment was levied. The assessment year shall be determined by the certified agency representing the commodity. (d) If any person, qualified to vote in a referendum in which potatoes or peaches are the agricultural commodity, fails to make any protest against the assessment and levy in writing, addressed to the certified agency representing the commodity concerned, within 30 days from the date the assessment becomes due and payable, and the certified agency concerned may institute judicial proceedings to enforce the collection of the assessment.

Md. Code, Agriculture § 10-115

(a) Within 30 days after the end of any year in which an assessment was levied and collected, the treasurer of the certified agency conducting the referendum shall publish in the public press a statement of the amount received and collected by him during that year under this subtitle. (b) Before collecting and receiving the assessments, the treasurer of the certified agency shall give a bond in the amount of at least the estimated total of the assessments to be collected. The surety on the bond shall be a surety company licensed to do business in the State and shall be in the form and amount approved by the certified agency and filed with the chairman or executive head of the agency.

Md. Code, Agriculture § 10-116

The assessing body and the Secretary each may deduct not more than 3 percent of the funds collected by the certified agency to defray the expenses of making assessments under this subtitle.

Md. Code, Agriculture § 10-201

No buyer, handler, distributor, dealer, or agent, who purchases or contracts to purchase, from a producer field and livestock products produced on a farm may: (1) Use duress against, coerce, or boycott any producer of raw agricultural products in the exercise of his right to join and belong to a cooperative agricultural marketing association; or (2) Discriminate against a producer of raw agricultural products, solely by reason of the producer’s membership in or marketing contract with a cooperative agricultural marketing association.

Md. Code, Agriculture § 10-202

To enforce this section, the Attorney General shall receive sworn complaints of violations or threatened violations of this subtitle from affected producers of raw agricultural products or the cooperative agricultural marketing association of which the producers are members, or with whom they have a marketing contract. The Attorney General immediately shall make all necessary investigations, examinations, or inspections of any violation or threatened violation specified in the sworn complaint filed with him.

Md. Code, Agriculture § 10-203

After receiving a sworn complaint and holding an informal hearing on the charges made in the complaint, the Attorney General immediately shall bring an action to enjoin the violation of any provision of this subtitle as set forth in the complaint in the circuit court of the county where the violation occurred. A summons in the action against any defendant shall be issued as in other civil actions. Actions against different defendants may be consolidated, in the discretion of the court, if the alleged violations are of the same provision, have occurred in the same or an adjoining county, relate to the same production season, and consolidation can be made without prejudice to a substantial right of any defendant.

Md. Code, Agriculture § 10-204

This subtitle does not affect the rights of a producer of raw agricultural products, who has not signed a contract with a cooperative agricultural marketing association, to bargain for his crop individually with any buyer. A buyer may bargain for any of his raw agricultural product requirements with any cooperative agricultural marketing association but is not required to do so. The inability of a buyer or his refusal to meet the terms and conditions of any cooperative agricultural marketing association proposed contract shall not be interpreted as a boycott or discrimination against the cooperative agricultural marketing association or its members.

Md. Code, Agriculture § 10-301

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

Md. Code, Agriculture § 10-302

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

Md. Code, Agriculture § 10-303

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

Md. Code, Agriculture § 10-401

(a) In this subtitle the following words have the meanings indicated. (b) “Commercial Maryland Native Plant List” means a list of plants that are native to Maryland that are commercially available and appropriate for growing in residential or commercial landscapes. (c) (1) “Native plant” means a plant that occurs naturally in the State and surrounding region, ecosystem, and habitat, without direct or indirect human actions. (2) “Native plant” includes a plant that: (i) Was present before colonial settlement; or (ii) Is listed as native to Maryland on the Maryland Plant Atlas website. (d) “Native Plant Specialist” means the University of Maryland Extension agent hired under § 10–403 of this subtitle. (e) “Program” means the Maryland Native Plants Program.

Md. Code, Agriculture § 10-402

(a) There is a Maryland Native Plants Program. (b) The purpose of the Program is to: (1) Respond to the increasing demand for, use of, and sale of native plants by retail garden centers, retail nurseries, and wholesale nurseries; and (2) Educate the public, landscapers, and other plant users on the importance, benefit, and availability of native plants. (c) (1) Subject to paragraph (2) of this subsection, the Department shall administer the Program. (2) The University of Maryland Extension shall administer the educational components of the Program in coordination with the Department and other agencies.

Md. Code, Agriculture § 10-403

(a) (1) The University of Maryland Extension shall hire an extension agent to serve as a Native Plant Specialist. (2) The individual hired to serve as the Native Plant Specialist must have expertise in native plants. (b) The Native Plant Specialist shall: (1) Assist the University of Maryland Extension in fulfilling educational and professional training responsibilities related to the Program; (2) Coordinate with the Department to deliver educational components of the Program; (3) Provide input and expertise to the Department in the development of the Commercial Maryland Native Plant List developed under § 10–404 of this subtitle; (4) Provide input and expertise to the Department on the development of a list of certified Maryland native plant growers and retailers developed under § 10–405 of this subtitle; (5) Teach growers and other stakeholders about techniques for growing native plants; and (6) Coordinate education, applied research, and outreach to teach the public, landscapers, and other plant users about the importance, benefit, and availability of native plants.

Md. Code, Agriculture § 10-404

(a) The University of Maryland Extension shall provide input to the Department, who shall receive input from the Department of Natural Resources and the Maryland Native Plant Society, to develop a Commercial Maryland Native Plant List. (b) The University of Maryland Extension shall provide input to the Department, who shall receive input from the Department of Natural Resources and the Maryland Native Plant Society, to review and update the Commercial Maryland Native Plant List at least once every 3 years. (c) When a cultivar or hybrid of a native plant fills an ecological niche that a native plant is no longer able to fill due to widespread attack by disease or insects, the Native Plant Specialist shall first receive input from the Department of Natural Resources and the Maryland Native Plant Society and then inform and guide the Department in evaluating the cultivar or hybrid of a native plant for inclusion on the Commercial Maryland Native Plant List. (d) The Commercial Maryland Native Plant List shall be posted online in accordance with § 10–407 of this subtitle.

Md. Code, Agriculture § 10-405

(a) (1) The Department, in consultation with the University of Maryland Extension, shall create a voluntary certification program for growers and retailers to be identified as a Maryland Native Plant Grower or a Maryland Native Plant Retailer, or both. (2) This certification shall only be available to growers and retailers that are selling native plants listed on the Commercial Maryland Native Plant List. (b) (1) The Department shall develop and maintain a list of certified Maryland Native Plant Growers and certified Maryland Native Plant Retailers. (2) The lists developed under this subsection shall be posted online in accordance with § 10–407 of this subtitle.

Md. Code, Agriculture § 10-406

(a) The Department, in coordination with the University of Maryland Extension, shall create a “Maryland Natives” marketing program to encourage and promote the use and sale of native plants that are listed on the Commercial Maryland Native Plant List. (b) The “Maryland Natives” marketing program shall develop: (1) A “Maryland Natives” logo to identify plants that are listed on the Commercial Maryland Native Plant List; and (2) A QR code containing plant identification information that links to the webpages and websites specified in § 10–407 of this subtitle. (c) The “Maryland Natives” logo shall be made available to growers and retailers who may: (1) Place the logo on labels, stickers, or pots of each plant listed on the Commercial Maryland Native Plant List; and (2) Use the logo in displays with plants listed on the Commercial Maryland Native Plant List.

Md. Code, Agriculture § 10-407

(a) (1) The University of Maryland Extension shall create a “Maryland Native Plants” webpage on the University of Maryland Extension’s website. (2) The “Maryland Native Plants” webpage shall include: (i) The Commercial Maryland Native Plant List developed under § 10–404 of this subtitle; (ii) The lists of certified Maryland Native Plant Growers and certified Maryland Native Plant Retailers developed under § 10–405 of this subtitle; and (iii) General information on native plants. (b) The Department shall promote the Program and include on the Department of Agriculture’s “Maryland’s Best” website: (1) The Commercial Maryland Native Plant List developed under § 10–404 of this subtitle; (2) The lists of certified Maryland Native Plant Growers and certified Maryland Native Plant Retailers developed under § 10–405 of this subtitle; and (3) General information about native plants. (c) A link to the “Maryland Native Plants” webpage shall be posted on the Department of Natural Resources’ native plants website. (d) For fiscal year 2025 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $150,000 for the University of Maryland Extension to hire one extension agent as a Native Plant Specialist and $100,000 for the Department to hire staff to administer the Program.

Md. Code, Agriculture § 10-501

(a) In this subtitle the following words have the meanings indicated. (b) “Farm product” means any agricultural, horticultural, vegetable, or fruit product of the soil, whether raw, canned, frozen, dried, pickled, or otherwise processed; livestock, meats, marine food products, poultry, eggs, dairy products; wool, hides, feathers, nuts, honey; and every product of farm, forest, orchard, garden, or water.

Md. Code, Agriculture § 10-502

The Secretary may: (1) Devise and establish official trademarks or other insignia for farm products of the State and secure copyrights for them under the law of the United States or the State; (2) Permit the use of official trademarks or other insignia on farm products of the State or on their containers and charge reasonable and necessary fees for this use; (3) Prevent the unauthorized or improper use of official trademarks or other insignia and protect them from infringements; and (4) Adopt rules and regulations and take any action necessary to effectuate the purposes of this subtitle.

Md. Code, Agriculture § 10-503

The Secretary may enter any building, vehicle, other enclosure, or conveyance in the State, where any farm product is produced, stored, sold, or shipped, or offered, exposed, packed, or transported for sale, or presented for intrastate or interstate shipment. He may examine any farm product found in any of these places, and may take for further examination samples of the farm products and their containers necessary to determine whether this subtitle is violated.

Md. Code, Agriculture § 10-504

The State’s Attorney of any county in which any violation of this subtitle occurs shall prosecute any person accused of any violation of this subtitle. Upon the request of the Secretary, he shall institute and prosecute the action as may be proper.

Md. Code, Agriculture § 10-601

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

Md. Code, Agriculture § 10-602

When requested by any person financially interested in any farm product, the Secretary may: (1) Examine the product and practices used in its production to determine its quality, condition, grade, or other classification, either on the basis of the standards established by the Secretary, or the standards announced from time to time by the United States Department of Agriculture or the United States Food and Drug Administration; (2) Provide the person with an official certificate; and (3) Adopt rules and regulations concerning the inspection and certification of any farm product, including the payment of reasonable fees, as necessary to effectuate the purposes of this subtitle.

Md. Code, Agriculture § 10-603

(a) The Secretary shall cooperate with the United States government and any federal agency and may designate any competent person who has been licensed, commissioned, or credentialed for work by the United States Department of Agriculture or the United States Food and Drug Administration, to inspect, examine, classify, and certify any farm product or farm production practices in accordance with the rules and regulations it adopts and at the places the volume of business warrants. (b) The Secretary may accept technical, financial, and advisory assistance from any cooperating federal agency.

Md. Code, Agriculture § 10-604

There is a Commodity Quality Grading Fund. All money levied and collected under this subtitle constitutes a special fund to defray partially the expenses incurred in administration of this subtitle. Notwithstanding any other provision of law, any money unexpended at the end of a fiscal year shall remain in the fund and does not revert to the general funds of the State.

Md. Code, Agriculture § 10-605

Any person pecuniarily interested in any farm product may appeal the assigned grade classification to the Secretary, in accordance with the rules and regulations adopted by the Secretary. When filing the appeal, the appellant shall deposit a sum double the fee charged by the Secretary, which shall be refunded to the appellant, if the assigned grade classification is found erroneous. The Secretary shall correct any error by affirmative action as necessary.

Md. Code, Agriculture § 10-606

If not superseded by an appeal or issued pursuant to an appeal, an official certificate issued under this subtitle shall be accepted in any court of the State as prima facie evidence of the facts contained in it.

Md. Code, Agriculture § 10-607

(a) Except as provided in subsection (b) of this section, the Secretary shall deny access to any business–related information concerning any person who applies for a certificate or is certified under this subtitle. (b) If the Secretary determines that disclosure is necessary to protect the public health, the Secretary may disclose any business–related information concerning any person who applies for a certificate or is certified under this subtitle.

Md. Code, Agriculture § 10-608

After an opportunity for a hearing, the Secretary may revoke or suspend a certificate issued under this subtitle to any person for failing to comply with any regulation adopted under this subtitle.

Md. Code, Agriculture § 10-701

(a) In this subtitle the following words have the meanings indicated. (b) “Fruit” means any fruit sold; offered, exposed, packed, or transported for sale; shipped; or presented for intrastate or interstate shipment, except any fruit which is canned, dried, pickled, or frozen. (c) “Sell” means to sell; offer, or expose, pack, or transport for sale; ship; or present for intrastate or interstate shipment. (d) “Vegetable” means any vegetable sold; offered, exposed, packed, or transported for sale; shipped; or presented for intrastate or interstate shipment, except any vegetable which is canned, dried, pickled, or frozen.

Md. Code, Agriculture § 10-702

The Secretary may adopt and enforce rules and regulations necessary to secure uniformity in the enforcement of this subtitle and the proper marking of the container of any fruit or vegetable.

Md. Code, Agriculture § 10-703

(a) The Secretary, after investigation and public hearing, may: (1) Establish official standards or grades for any fruit or vegetable; (2) Adopt rules and regulations governing the markings required on the container of any fruit or vegetable, for the purpose of showing any or all of the following: (i) The true grade or size of the product, or both, according to any applicable standard or grade established by the Secretary; (ii) The name and address of the grower or packer; (iii) The name of the state where grown; or (iv) The variety, quantity, quality, condition, and size of the product. (b) Any standard, grade, rule or regulation established under this section does not take effect until 30 days after it is adopted officially. After this period, every container of any fruit or vegetable shall bear plainly and conspicuously on its exterior any marking prescribed by the Secretary under this section.

Md. Code, Agriculture § 10-704

(a) No standard, grade, rule or regulation adopted under this section affects the right of any person to sell his fruit or vegetable without conforming to it. (b) However, no person may mark any fruit or vegetable, or container in a manner that indicates that the fruit or vegetable conforms with any standard or grade of the Secretary, unless the person conforms with all rules and regulations adopted under this subtitle.

Md. Code, Agriculture § 10-705

The Secretary may enter any building, vehicle, other enclosure, or conveyance in the State, where any fruit or vegetable is produced, stored, or sold. He may examine any fruit or vegetable found in any of these places and may take for further examination any sample of the produce and any container necessary to determine whether this subtitle is violated.

Md. Code, Agriculture § 10-706

Any person who sells any fruit or vegetable in a container not properly marked may not be prosecuted, if he can establish by satisfactory evidence that he was not a party to the grading or packing of the fruit or vegetable in question, and had no knowledge that they were mismarked or illegally packed.

Md. Code, Agriculture § 10-707

No person may be prosecuted for violation of any provision of this subtitle where it can be established that the fruit or vegetable passed inspection by an authorized inspector of the Department or by an inspector of the United States Department of Agriculture and was graded, packed and marked in accordance with the provisions of this subtitle. Certificates of inspection issued by any of these inspectors shall be accepted as prima facie evidence of the facts contained in them.

Md. Code, Agriculture § 10-708

The State’s Attorney of any county in which any violation of this subtitle occurs shall prosecute any person accused of any violation of this subtitle. On the request of the Secretary, he shall institute and prosecute the action.

Md. Code, Agriculture § 10-801

(a) In this subtitle the following words have the meanings indicated. (b) “Closed package” means any bag, box, barrel, basket, carton, cellpack, hamper, or traypack, or any other container covered with burlap, tarlatan, slat, or any other cover or closure, constructed so that the contents of the package cannot be seen nor inspected when the package is closed.

Md. Code, Agriculture § 10-802

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

Md. Code, Agriculture § 10-803

The Maryland standards of grades for apples shall be the current United States standards for apples, as provided by federal statute and rules and regulations of the United States Department of Agriculture, unless otherwise provided by the departmental rules and regulations.

Md. Code, Agriculture § 10-804

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

Md. Code, Agriculture § 10-805

(a) No person may pack, possess, expose, store, transport, or represent for sale, or sell apples in closed packages, except as provided in this subtitle. (b) After receiving a “stop-sale” order, a person may not sell, transport, offer, or expose for sale any apples with respect to which the order is issued. (c) No person may report falsely, or with intent to deceive, any requirement of this subtitle.

Md. Code, Agriculture § 10-806

The Secretary may enforce by injunction any provision of this subtitle, or any rule or regulation adopted pursuant to it.

Md. Code, Agriculture § 10-807

This subtitle may be cited as the Maryland Apple Grade Law.

Md. Code, Agriculture § 10-1001

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

Md. Code, Agriculture § 10-1002

(a) In this section, “Fund” means the Seafood and Aquaculture Products Marketing Fund. (b) There is a Seafood and Aquaculture Products Marketing Fund. (c) The purpose of the Fund is to facilitate the marketing of seafood and aquaculture products. (d) The Secretary 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 State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (f) The Fund may receive proceeds from activities conducted by the Seafood and Aquaculture Products Marketing Program. These activities may include cookbook sales, poster sales, seafood festivals, and similar activities. (g) The Fund consists of: (1) Revenue distributed to the Fund under § 4–701 of the Natural Resources Article; (2) Money appropriated in the State budget to the Fund; (3) Proceeds from activities conducted by the Seafood and Aquaculture Products Marketing Program; and (4) Any other money from any other source accepted for the benefit of the Fund. (h) The Fund may be used only for expenses related to seafood and aquaculture marketing. (i) The Secretary shall adopt regulations to administer the Fund.

Md. Code, Agriculture § 10-1101

(a) There is a Seafood Marketing Advisory Commission. (b) The Commission consists of 13 members. (c) Of the 13 Commission members: (1) 1 shall be the Secretary of Agriculture or the designee of the Secretary of Agriculture, as an ex officio nonvoting member; (2) 1 shall be the Secretary of Natural Resources or the designee of the Secretary of Natural Resources, as an ex officio nonvoting member; (3) 5 shall represent the seafood packers in this State, at least 3 of whom shall be members of the Chesapeake Bay Seafood Industries Association; (4) 2 shall be licensed Maryland watermen; (5) 1 shall represent the retail food industry in this State; (6) 1 shall represent the aquaculture industry in this State; and (7) 2 shall be consumer members. (d) (1) The Governor shall appoint the 3 members representing the Chesapeake Bay Seafood Industries Association from a list of names submitted to the Governor by the Chesapeake Bay Seafood Industries Association. The names on the list shall be three times the number of vacancies; (2) Except for the ex officio members and the members representing the Chesapeake Bay Seafood Industries Association, the Governor shall appoint each member with the advice of the Secretary; and (3) Except for the ex officio members, each member appointed by the Governor shall be appointed with the advice and consent of the Senate. (e) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution. (f) The term of a member is 4 years. (g) A member may not serve more than 2 terms on the Commission. (h) The terms of the initial voting members of the Commission expire as follows: (1) 2 in 1988; (2) 3 in 1989; (3) 3 in 1990; and (4) 3 in 1991. (i) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (j) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (k) The Governor may remove a member for incompetence or misconduct. (l) The Commission shall assist the Seafood and Aquaculture Products Marketing Program in the Department in: (1) Promoting increased consumption and distribution of Maryland seafood; and (2) Seeking efficient methods to reduce cost and improve the quality and marketability of Maryland seafood.

Md. Code, Agriculture § 10-1401

The Department shall establish the Organic Certification Program governing the production and handling of organic agricultural commodities.

Md. Code, Agriculture § 10-1402

The Organic Certification Program established by the Department shall conform to the requirements of the federal Organic Food Production Act, 7 U.S.C. § 6501 et seq., including implementing federal regulations and all subsequent amendments and revisions.

Md. Code, Agriculture § 10-1403

The Department may: (1) Certify producers or handlers who apply for certification under the Department’s organic certification program; (2) Establish requirements governing the production or handling of commodities that are certified by the Department as organically produced; (3) Adopt logos for organically produced commodities that are certified by the Department; and (4) Deny, suspend, or revoke the logo or certification issued by the Department of any producer or handler who violates any regulations adopted under this subtitle.

Md. Code, Agriculture § 10-1404

(a) A person may not represent any uncertified commodity as certified under this subtitle. (b) In addition to the denial, suspension, or revocation of a certificate issued under this subtitle, the Secretary may impose a civil penalty of not more than $1,000 for a violation of this section. (c) Each uncertified commodity represented as certified constitutes a separate violation of this section. (d) Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

Md. Code, Agriculture § 10-1405

The Department may provide assistance in promoting organically produced commodities certified as provided in regulations adopted under this subtitle.

Md. Code, Agriculture § 10-1406

The Secretary shall set a reasonable fee to defray the cost of conducting field inspections and laboratory analysis as required by the United States Department of Agriculture’s Organic Food Program for accredited certifying agents.

Md. Code, Agriculture § 10-1407

Except as provided by regulations adopted by the United States Department of Agriculture pursuant to the federal Organic Food Production Act, 7 U.S.C. § 6501 et seq., the record custodian shall deny access to any business-related information concerning any person regulated under this subtitle.

Md. Code, Agriculture § 10-1501

(a) In this subtitle the following words have the meanings indicated. (b) “Biodiesel” means an alternative motor fuel produced from a renewable resource such as vegetable oil or animal fat. (c) “Board” means the Renewable Fuels Incentive Board. (d) “Ethanol” means fermented ethyl alcohol derived from agricultural or forest products. (e) (1) “Small grains” means a winter grain crop. (2) “Small grains” includes wheat, rye, triticale, oats, and hulled or hull-less barley.

Md. Code, Agriculture § 10-1502

This subtitle authorizes credits for the production of: (1) Ethanol that: (i) Satisfies the American Society for Testing and Materials Specifications D 4806-88; and (ii) Is denatured as specified in 27 C.F.R. Parts 20 and 21; and (2) Biodiesel that satisfies the American Society for Testing and Materials D 6751.

Md. Code, Agriculture § 10-1503

(a) There is a Renewable Fuels Incentive Board. (b) The Board consists of four members as follows: (1) The Secretary of Agriculture or the Secretary’s designee; (2) The Secretary of Commerce or the Secretary’s designee; (3) The Secretary of the Environment or the Secretary’s designee; and (4) The Director of the Maryland Energy Administration or the Director’s designee. (c) (1) The Secretary of Agriculture or the Secretary’s designee shall serve as the Chair of the Board. (2) The Department of Agriculture, the Department of Commerce, and the Maryland Department of the Environment jointly shall provide staff support for the Board. (d) The Board shall review credit certification applications and pay credits under this subtitle.

Md. Code, Agriculture § 10-1504

(a) To be eligible for credits under this subtitle, an ethanol or biodiesel producer shall apply to the Board for certification on an application provided by the Board. (b) An applicant shall show in the application to the satisfaction of the Board: (1) That the applicant will construct or operate a facility capable of producing ethanol or biodiesel; (2) That the applicant will invest or has invested substantial resources in the State in connection with the facility; (3) That the facility will constitute a permanent fixture in the State; (4) For an ethanol production facility, information demonstrating: (i) The production capacity of the facility; and (ii) The quantity and availability of small grains and other suitable agricultural products in the vicinity of the production facility that may be used by the facility; (5) For a biodiesel production facility, information demonstrating: (i) The production capacity of the facility; and (ii) The quantity and availability of soybean oil and other suitable bio-based oils in the vicinity of the production facility that may be used by the facility; (6) Information demonstrating: (i) The availability and cost of energy sufficient to operate the facility; (ii) The availability of sufficient water and waste disposal systems for the facility; (iii) The availability of sufficient labor and a qualified site manager for the facility; and (iv) That the facility will meet all State and federal environmental standards; (7) Any proposed marketing agreements for the ethanol or biodiesel products; (8) A plan to give farmers in the State the opportunity to invest in the facility; and (9) That the applicant will meet any other requirement established by the Board. (c) The Board shall: (1) Review each application submitted under this subtitle; (2) Approve or deny the application within 60 days of receipt of the application; and (3) For an approved application, certify the producer as eligible for a credit in an amount that is: (i) Based on the production capacity of the facility, as determined by the Board; and (ii) Consistent with subsection (d) of this section. (d) (1) The Board may not certify ethanol production credits for more than a total of 15,000,000 gallons per calendar year, of which at least 10,000,000 gallons shall be produced from small grains. (2) The Board may not certify biodiesel production credits for more than a total of 5,000,000 gallons per calendar year, of which at least 2,000,000 gallons shall be from soybean oil produced: (i) In a facility that began operating after December 31, 2004; or (ii) Under the expanded capacity of a facility, the expansion of which occurred after December 31, 2004. (e) (1) If eligible, a producer may apply to the Board for certification for additional credits if the producer increases the production capacity of the facility. (2) If a facility does not achieve its certified production capacity for 2 consecutive years, the Board may revise the stated production capacity of the facility and the corresponding credit certification of the producer to reflect actual production. (f) An application submitted to the Board under this section is not subject to disclosure under the Maryland Public Information Act.

Md. Code, Agriculture § 10-1505

(a) (1) The Board may pay credits as calculated under this section to certified producers of ethanol or biodiesel in the State for ethanol or biodiesel produced on or after December 31, 2007. (2) (i) For the purposes of this subtitle, a person that holds a controlling interest in more than one ethanol production facility is considered to be a single ethanol producer. (ii) For the purposes of this subtitle, a person that holds a controlling interest in more than one biodiesel production facility is considered to be a single biodiesel producer. (b) (1) For an ethanol producer, a credit may not exceed the maximum amount certified by the Board and shall be: (i) 20 cents per gallon of ethanol produced from small grains; and (ii) 5 cents per gallon of ethanol produced from other agricultural products. (2) For a biodiesel producer, a credit may not exceed the maximum amount certified by the Board and shall be: (i) 20 cents per gallon of biodiesel produced from soybean oil produced: 1. In a facility that began operating after December 31, 2004; or 2. Under the expanded capacity of a facility, the expansion of which occurred after December 31, 2004; and (ii) 5 cents per gallon of biodiesel produced from other feedstock, including soybean oil produced in a facility that began operating on or before December 31, 2004. (c) The Board may not pay a credit for ethanol or biodiesel produced after December 31, 2017.

Md. Code, Agriculture § 10-1506

(a) After February 1, 2008, to receive a credit payment a certified ethanol or biodiesel producer shall file a claim with the Board by the end of January, April, July, and October of each year. (b) A claim filed under this section shall state: (1) (i) The producer’s total ethanol production in the State during the previous quarter, categorized by ethanol produced from small grains and ethanol produced from other agricultural products; or (ii) The producer’s total biodiesel production in Maryland during the previous quarter, categorized by biodiesel produced from: 1. Soybean oil produced in a facility that began operating after December 31, 2004, or under the expanded capacity of a facility, the expansion of which occurred after December 31, 2004; and 2. Other feedstock, including soybean oil produced in a facility that began operating on or before December 31, 2004; (2) The location of the producer; (3) The average number of Maryland citizens employed by the producer in the previous quarter; (4) (i) For an ethanol producer, the number of bushels of Maryland-grown small grains and other agricultural commodities used by the producer in the previous quarter; or (ii) For a biodiesel producer, the number of gallons of Maryland-produced soybean oil and other bio-based oils used by the producer in the previous quarter; and (5) Any other information that the Board requires. (c) A claim filed under this section shall be reviewed by an independent certified public accountant with respect to, as appropriate: (1) The total ethanol production; (2) The breakdown between ethanol produced from small grains and ethanol produced from other agricultural products; (3) The total biodiesel production; and (4) The breakdown between biodiesel produced from: (i) Soybean oil produced in a facility that began operating after December 31, 2004, or under the expanded capacity of a facility, the expansion of which occurred after December 31, 2004; and (ii) Other feedstock, including soybean oil produced in a facility that began operating on or before December 31, 2004. (d) A claim submitted to the Board under this section is not subject to disclosure under the Maryland Public Information Act.

Md. Code, Agriculture § 10-1507

(a) For fiscal year 2008 and each succeeding fiscal year, the Governor shall include sufficient funds in the State budget to implement this subtitle. (b) To implement this subtitle, the Board: (1) Shall maximize the use of federal funds or matching programs to the extent possible; and (2) May solicit and accept grants or donations from State, local, or private entities.

Md. Code, Agriculture § 10-1601

(a) (1) In this section the following words have the meanings indicated. (2) “Farm product” means any agricultural, horticultural, vegetable, fruit product, whether raw, canned, frozen, dried, pickled, or otherwise processed, livestock, meats, marine food products, poultry, eggs, dairy products, nuts, honey, and every edible product of farm, orchard, garden, or water. (3) “Program” means the Jane Lawton Farm–to–School Program. (b) There is a Jane Lawton Farm–to–School Program in the Department. (c) The Program is established for the purpose of: (1) Promoting the sale of farm products grown in the State to Maryland schools in consultation with the State Department of Education; (2) Soliciting farmers to sell their farm products to Maryland schools; (3) Developing and regularly updating a database of farmers interested in selling their farm products to Maryland schools, including the types and amounts of farm products the farmers want to sell and the time periods in which the farmers want to sell; (4) Facilitating purchases from farmers by interested Maryland schools in consultation with the State Department of Education and in compliance with applicable procurement requirements; and (5) Providing outreach and guidance to farmers concerning the value of and procedure for selling their farm products to interested Maryland schools. (d) (1) The Program, in partnership with the State Department of Education and in consultation with school food service directors and interested farming organizations, shall establish promotional events that promote State agriculture and farm products to children through school meal and classroom programs. (2) At least one promotional event shall: (i) Last for a period of 1 week; (ii) Be known as “Maryland Homegrown School Lunch Week”; (iii) Promote State agriculture and farm products to children through school meal and classroom programs; and (iv) Arrange for interaction between students and farmers through promotional activities that may include field trips to farms and in–school presentations by farmers. (e) On or before January 1 of each year, each local educational agency participating in the Program shall report to the Department the types and amounts of farm products purchased from farms in the State.

Md. Code, Agriculture § 10-1701

(a) Subject to subsection (b) of this section, the Secretary may adopt standards to regulate the use of the terms “locally grown” and “local” to advertise or identify an agricultural product. (b) Before adopting standards under this section, the Secretary shall convene and consult with an advisory group of interested stakeholders to determine the definition of the term “locally grown”. (c) The interested stakeholders convened under subsection (b) of this section shall include representatives from organizations that represent: (1) Farmers; (2) Food distributors; (3) Retail stores; (4) Food service industries; and (5) Restaurants.

Md. Code, Agriculture § 10-1702

A person may not knowingly advertise or identify any agricultural product in violation of the standards adopted by the Secretary under § 10–1701 of this subtitle.

Md. Code, Agriculture § 10-1801

(a) In this subtitle the following words have the meanings indicated. (b) “Food establishment” means: (1) A food service facility; or (2) A food processing plant. (c) (1) “Registrant” means a person who has registered with the Department as a transporter of waste kitchen grease under this subtitle. (2) “Registrant” includes a person who holds an equity, ownership, or debt liability interest exceeding 5% in: (i) A vehicle used by a registrant to transport waste kitchen grease; or (ii) A registrant that is a business or corporation. (d) “Renderer” means a person that cooks animal carcasses, or parts or products of carcasses, waste animal by–products, and waste kitchen grease into usable end products. (e) (1) “Waste kitchen grease” means animal fats or vegetable oils used in cooking or generated by a food establishment that will not be consumed or reused as food. (2) “Waste kitchen grease” includes animal fats or vegetable oils that are principally derived from food preparation and processing and have not been processed by a renderer.

Md. Code, Agriculture § 10-1802

(a) Except as provided in subsection (b) of this section, a person shall register annually with the Department before transporting waste kitchen grease. (b) (1) A person may transport waste kitchen grease to property owned by the person to convert the waste kitchen grease to biofuel for the person’s own use provided that the person: (i) Transports only 275 gallons of waste kitchen grease in a single vehicle; (ii) Possesses or controls no more than a total of 1,320 gallons of waste kitchen grease, biofuel feedstock derived from waste kitchen grease, or biofuel stock; and (iii) Has not obtained any of the waste kitchen grease that will be transported from: 1. A container owned by a registrant or a commercial renderer; or 2. A food establishment under contract with a registrant. (2) A person may transport waste kitchen grease to a facility to convert the waste kitchen grease to biofuel provided that: (i) The person: 1. Meets all of the requirements of paragraph (1) of this subsection; and 2. Other than to a property owned by the person, will transport the waste kitchen grease to only one facility during a single 24–hour period; and (ii) The receiving facility: 1. Has a production capacity not exceeding 500 gallons of biofuel a day; and 2. Possesses or controls no more than a total of 1,320 gallons of waste kitchen grease, biofuel feedstock derived from waste kitchen grease, or biofuel. (3) Biofuel used to power the vehicle transporting the waste kitchen grease is excluded for the purposes of paragraphs (1) and (2) of this subsection.

Md. Code, Agriculture § 10-1803

(a) A person required to register annually with the Department under this subtitle as a transporter of waste kitchen grease shall submit an application for registration in the form required by the Department. (b) An application to register under subsection (a) of this section shall include: (1) The applicant’s name and address; (2) The make, model, license number, and vehicle identification number of any vehicle that the applicant will use to transport waste kitchen grease; (3) A description of the operations to be performed by the applicant; and (4) Proof of vehicle insurance with personal injury and property damage combined single limit liability limits of at least $1,000,000. (c) Each application under this section shall be accompanied by: (1) A $100 application fee; and (2) A vehicle registration fee of $100 for each vehicle that the applicant will use to transport waste kitchen grease. (d) The registration required under this section shall be renewed annually on the payment of the fees required under subsection (c) of this section.

Md. Code, Agriculture § 10-1804

(a) The Department shall register each applicant who submits an application in accordance with § 10–1803 of this subtitle and issue each registrant a unique registration number and a certificate confirming registration. (b) The Department shall require each registrant to: (1) Carry the registration certificate containing the unique registration number when transporting waste kitchen grease; and (2) Conspicuously display the registrant’s name on any vehicle used to transport waste kitchen grease.

Md. Code, Agriculture § 10-1805

(a) Each registrant shall keep a record of the source, destination, date, and volume of waste kitchen grease hauled. (b) The registrant shall keep the records maintained under subsection (a) of this section for 2 years and make the records available for inspection by the State’s Attorney on request.

Md. Code, Agriculture § 10-1806

It shall be a violation of this subtitle for any person to knowingly: (1) Sell or offer for sale waste kitchen grease to an unregistered person for transport in violation of this subtitle; (2) Remove waste kitchen grease from a container owned by another person; (3) Steal or damage a waste kitchen grease container owned by another person, or place a label on a container owned by another person to assert ownership over the container; or (4) Take possession of waste kitchen grease that was stolen or transported in violation of this subtitle.

Md. Code, Agriculture § 10-1807

(a) There is a Waste Kitchen Grease Fund. (b) The Department shall administer the Fund. (c) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (d) The Fund consists of: (1) Money appropriated in the State budget to the Fund; (2) Money received from any public or private source; (3) Interest and investment earnings on the Fund; and (4) Fees collected under this subtitle. (e) The Fund may be used only to implement this subtitle. (f) (1) The State Treasurer shall invest and reinvest 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 paid into the Fund.

Md. Code, Agriculture § 10-1808

A person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to: (1) For a first offense, a fine not exceeding $1,000 for each violation and court costs; and (2) For a second offense, a fine not exceeding $10,000, imprisonment not exceeding 1 year, or both.

Md. Code, Agriculture § 10-1809

The State’s Attorney of a county shall enforce the provisions of this subtitle.

Md. Code, Agriculture § 10-1901

(a) In this subtitle the following words have the meanings indicated. (b) “Blossom honey” or “nectar honey” means honey that comes from nectars of plants. (c) “Honey” means the natural food product that: (1) Honey bees produce from the nectar of plants, secretions of living parts of plants, or excretions of plant–sucking insects on the living parts of plants; (2) Honey bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store, and leave in the honey comb to ripen and mature; (3) Consists essentially of different sugars, predominantly fructose and glucose, and other substances, including organic acids, enzymes, and solid particles derived from honey collection; (4) Has the color that may vary from nearly colorless to dark brown; (5) Has the consistency that may be fluid, viscous, or partly to entirely crystallized; and (6) Has the flavor and aroma that are derived from the plant of origin and may vary. (d) “Honeydew honey” means honey that comes mainly from excretions of plant–sucking insects (Hemiptera) on the living parts of plants or secretions of living parts of plants.

Md. Code, Agriculture § 10-1902

There is a Maryland standard of identity for honey.

Md. Code, Agriculture § 10-1903

The Maryland standard of identity for honey shall apply to: (1) All honey produced by honey bees from nectar; (2) All styles of honey presentation that are processed and ultimately intended for direct consumption; and (3) All honey packed, processed, or intended for sale in bulk containers as honey that may be repacked for retail sale or for use as an ingredient in other foods.

Md. Code, Agriculture § 10-1904

(a) A product meets the Maryland standard of identity for honey if the product: (1) Does not contain any substance other than honey, including any food additive as defined in § 21–101 of the Health – General Article; (2) Has not been subjected to chemical or biochemical treatments used to influence honey crystallization; (3) Has not had any water added to the product in the course of extraction or packing for sale or resale as honey; (4) Has not begun to ferment or effervesce; (5) Does not have a moisture content greater than: (i) 23% for heather honey (Calluna); or (ii) 18.6% for all other honey; (6) Does not have a water–insoluble–solids content greater than: (i) 0.5 gram per 100 grams for pressed honey; or (ii) 0.1 gram per 100 grams for all other honey; (7) Does not have a fructose content greater than 50 grams per 100 grams; (8) Has a total amount of fructose and glucose equal to at least: (i) 45 grams per 100 grams for honeydew honey and blends of honeydew honey with blossom honey; or (ii) 60 grams per 100 grams for all other honey; and (9) Except as provided in subsection (b) of this section, has a sucrose content no greater than 5 grams per 100 grams. (b) (1) The sucrose content of the following types of honey may be greater than 5 grams per 100 grams but not greater than 10 grams per 100 grams to meet the Maryland standard of identity for honey: (i) Alfalfa (Medicago sativa); (ii) Citrus spp.; (iii) False Acacia (Robinia pseudoacacia); (iv) French Honeysuckle (Hedysarum); (v) Menzes Banksia (Banksia menziesii); (vi) Red Gum (Eucalyptus camaldulensisi); (vii) Leatherwood (Eucryphia lucida); and (viii) Eucryphia milligami. (2) The sucrose content of the following types of honey may be greater than 5 grams per 100 grams but not greater than 15 grams per 100 grams to meet the Maryland standard of identity for honey: (i) Lavender (Lavandula spp.); and (ii) Borage (Borago officinalis).

Md. Code, Agriculture § 10-1905

(a) A person may designate a food product as “honey” if the product conforms to the Maryland standard of identity for honey set forth in § 10–1904 of this subtitle. (b) If a food product contains any flavoring, spice, or other ingredient in addition to honey, the name of the product shall distinguish the product from pure honey and designate the food additive. (c) If processing materially changes the flavor, color, viscosity, or other material characteristic of pure honey, the name of the product shall distinguish the product from pure honey and designate the modification. (d) For blossom or nectar honey, the name of the food may be supplemented by the term “blossom” or “nectar”. (e) For honeydew honey, the word “honeydew” may be placed in close proximity to the name of the food. (f) For mixtures of blossom or nectar honey with honeydew honey, the name of the food may be supplemented with the words “a blend of honeydew honey with blossom honey” or “a blend of honeydew honey with nectar honey”. (g) (1) Honey may be designated by the name of a geographical or topographical region if the honey was produced exclusively within the area referred to in the designation. (2) When honey has been designated by the name of a geographical or topographical region, the name of the country where the honey has been produced shall be declared on the label. (h) (1) Honey may be designated according to a floral or plant source if it comes wholly or mainly from that particular source and has the organoleptic, physicochemical, and microscopic properties corresponding with that origin. (2) When honey has been designated according to a floral or plant source: (i) The common name or the botanical name of the floral source shall be in close proximity to the word “honey”; and (ii) The name of the country where the honey has been produced shall be declared on the label. (i) (1) Honey may be designated according to the following methods of removal from the comb: (i) “Extracted honey” is honey obtained by centrifuging decapped broodless combs; (ii) “Pressed honey” is honey obtained by pressing broodless combs; or (iii) “Drained honey” is honey obtained by draining decapped broodless combs. (2) The designations in paragraph (1) of this subsection may not be used unless the honey conforms to the applicable description. (j) (1) Honey may be designated according to the following styles: (i) “Honey” that is honey in liquid, crystalline state, or a mixture of the two; (ii) “Comb honey” that is honey stored by bees in the cells of freshly built broodless combs and that is sold in sealed whole combs or sections of such combs; or (iii) “Cut comb in honey”, “honey with comb”, or “chunk honey” that is honey containing one or more pieces of comb honey. (2) The styles designated in paragraph (1)(ii) and (iii) of this subsection shall be declared on the label.

Md. Code, Agriculture § 10-1906

(a) An action to enforce this subtitle may be filed in the circuit court of the county in which the violation occurred by: (1) A beekeeper or an association of beekeepers; (2) A honey packer or an association of honey packers; (3) A honey producer or an association of honey producers; or (4) The Attorney General. (b) If the court determines that a violation of this subtitle exists, the court may order appropriate relief, including an order to enjoin a producer, manufacturer, or distributor from distributing in the State a product designated as “honey” if the product does not conform to the Maryland standard of identity for honey established under this subtitle.

Md. Code, Agriculture § 10-1907

Notwithstanding any other provision of this article relating to the exercise of the Department’s enforcement authority, the Department is not required to enforce the requirements of this subtitle.

Md. Code, Agriculture § 10-2001

(a) In this subtitle the following words have the meanings indicated. (b) “FMNP” means the federal Farmers Market Nutrition Program. (c) “Fund” means the Maryland Farms and Families Fund. (d) “Program” means the Maryland Farms and Families Program. (e) “SNAP” means the federal Supplemental Nutrition Assistance Program. (f) “WIC” means the federal Special Supplemental Food Program for Women, Infants, and Children.

Md. Code, Agriculture § 10-2002

(a) There is a Maryland Farms and Families Program in the Department. (b) The purpose of the Program is to double the purchasing power of food–insecure Maryland residents with limited access to fresh fruits and vegetables and to increase revenue for farmers through redemption of federal nutrition benefits at Maryland farmers markets.

Md. Code, Agriculture § 10-2003

(a) There is a Maryland Farms and Families Fund. (b) The purpose of the Fund is to: (1) Match purchases made with FMNP, SNAP, and WIC benefits at participating farmers markets and farm stands; (2) Support nonprofit farmers markets to implement the Program by providing logistical and marketing support to increase the use of federal nutrition programs at these farmers markets; and (3) Support nonprofit organizations and other responsible persons to implement the Program in partnership with one or more participating local farmers markets. (c) The Secretary shall administer the Fund. (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (e) The Fund consists of: (1) Money appropriated in the State budget to the Fund; and (2) Any other money from any other source accepted for the benefit of the Fund. (f) (1) In accordance with this subsection, the Department may use the Fund for either one or both of the following purposes: (i) To implement, in whole or in part, the Program within the Department; and (ii) To provide funds to a qualified nonprofit organization or other responsible person to implement, in whole or in part, the Program. (2) A qualified nonprofit organization or other person that receives funds under this section: (i) Shall distribute at least 60% of the money it receives directly to participating farmers markets as funding for local market access coordinators and matching dollars for purchases made with FMNP, SNAP, and WIC benefits; and (ii) May not use more than 40% of the money it receives for Program development, promotion and outreach, farmers market training and capacity building, technical assistance, program data collection, evaluation, administration, and reporting. (g) (1) Subject to paragraph (2) of this subsection, the Governor shall include in the annual budget bill an appropriation to the Fund as follows: (i) For fiscal years 2021 through 2023, $100,000; and (ii) For fiscal year 2024 and each fiscal year thereafter, $300,000. (2) The appropriation required under paragraph (1) of this subsection shall be in addition to, and may not supplant, any funding appropriated to the Agriculture and Seafood Marketing Program in the Department.

Md. Code, Agriculture § 10-2004

(a) (1) A nonprofit organization or other person is qualified to receive funds in accordance with this subtitle if the Department determines that the organization or person has a demonstrated record of: (i) Designing and implementing successful healthy food incentive programs that connect federal food benefits recipients with local producers; (ii) Implementing funds distributing and reporting processes; (iii) Providing training and technical assistance to farmers markets; (iv) Conducting community outreach and data collection, including customer surveys; and (v) Providing a full accounting and administration of funds distributed to farmers markets. (2) In addition to the requirements under paragraph (1) of this subsection, in awarding funds in accordance with this subtitle, the Department may consider whether the organization or person has a demonstrated record of providing services in healthy food priority areas. (b) Within 90 days after the end of a calendar year, an organization or person that received funds in accordance with this subtitle shall submit a report to the Department that includes the following information: (1) The names and locations of Maryland farmers markets that received funds under the Program; (2) The dollar amount of funds awarded to each participating farmers market; (3) The dollar amount of FMNP, SNAP, and WIC benefits, and funds provided under the Program that were spent at participating farmers markets, as well as any unspent funds; (4) The number of FMNP, SNAP, and WIC transactions carried out at participating farmers markets; and (5) The impact of the Program on increasing the quantity of fresh fruits and vegetables consumed by FMNP, SNAP, and WIC families, as determined by customer surveys.

Md. Code, Agriculture § 10-2005

The Department may adopt regulations to implement this subtitle.

Md. Code, Agriculture § 10-2101

(a) In this subtitle the following words have the meanings indicated. (b) “Fund” means the Maryland Food and Agricultural Resiliency Mechanism Fund. (c) “MD FARM” means the Maryland Food and Agricultural Resiliency Mechanism Grant Program.

Md. Code, Agriculture § 10-2102

(a) There is a Maryland Food and Agricultural Resiliency Mechanism Grant Program. (b) The purpose of MD FARM is to build food system resiliency by leveraging Maryland agricultural products and services to support the State’s food banks and charitable emergency food providers to alleviate food insecurity.

Md. Code, Agriculture § 10-2103

(a) (1) There is a Maryland Food and Agricultural Resiliency Mechanism Fund in the Department. (2) The purpose of the Fund is to provide grants to food banks and charitable emergency food providers for: (i) The procurement of surplus, seasonal, or contractual agricultural food products; (ii) The processing and preparation of agricultural food products for distribution; and (iii) The transportation of agricultural food products. (b) The Department shall administer the Fund. (c) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (d) The Fund consists of: (1) Money appropriated in the State budget to the Fund; and (2) Any other money from any other source accepted for the benefit of the Fund. (e) (1) Subject to paragraph (2) of this subsection, the Fund shall be used to provide grants to food banks and charitable emergency food providers for: (i) The procurement of surplus, seasonal, or contractual agricultural food products; (ii) The processing and preparation of agricultural food products for distribution; and (iii) The transportation of agricultural food products. (2) A food bank or charitable emergency food provider may use grant money only for food products and services sourced from the State. (f) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $200,000 to the Fund.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026