COMAR Title 15 — MARYLAND DEPARTMENT OF AGRICULTURE

title-15COMAR Title 15Regulation

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15.01.01 Procedural Regulations

COMAR 15.01.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Contested case” means a proceeding before the Department as provided under the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) “Department” means the Maryland Department of Agriculture.

(3) “Secretary” means:

(a) The Secretary of Agriculture or the Secretary's designee; and

(b) If a unit of the Department is authorized to conduct hearings, the head of that unit or the unit head's designee.

History

  • Administrative History: Effective date: May, 1967
  • Administrative History: Regulation .02B amended as an emergency provision effective April 4, 1978 (5:8 Md. R. 588); adopted permanently effective July 14, 1978 (5:14 Md. R. 1138)
  • Administrative History: Regulation .02D, E adopted as an emergency provision effective December 19, 1977 (4:27 Md. R. 2099); adopted permanently effective April 7, 1978 (5:7 Md. R. 524)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 15, 2006 (33:18 Md. R. 1502); revised permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .03 amended effective June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §2-103; State Government Article, §10-206; Annotated Code of Maryland
COMAR 15.01.01.02 Procedural Regulations — Promulgation of Regulations.

A. Unless otherwise designated by statute, these procedures will be followed with respect to the promulgation of all regulations.

B. Regulation Adoption and Declaratory Rulings.

(1) Secretary of the Department. The Secretary of Agriculture is responsible for adopting the regulations of the Department. He shall review, and approve, disapprove, or revise the regulations of all units within the jurisdiction of the Department.

(2) Adoption of Regulations. New, amended, revised, or repealed regulations shall be proposed and adopted on a regular or emergency basis, as prescribed by the State Documents Law and the Administrative Procedures Act.

(3) Petition for the Adoption of Regulations.

(a) Who May File. Any interested person may file a petition with the Secretary, requesting the promulgation, amendment, or repeal of any regulation.

(b) Form. The petition shall be in writing and shall contain a brief statement of the regulation, or reference to the regulation, amendment, or repeal which is sought, and a statement of any proposed amendment. The petition should contain a brief statement of reasons in support of the proposed regulation or change and shall contain the name, address, and telephone number of the petitioner.

(c) Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for his consideration and disposition. The Secretary shall either deny the petition in writing, stating the reasons for his denial, or initiate appropriate regulation-making procedures according to his decision.

(4) Petition for Declaratory Ruling.

(a) Who May File. Any interested person may file with the Secretary a petition for a declaratory ruling with respect to the applicability to any person, corporation, property, or statement of facts of any statute or Departmental regulation pertaining to the Department's activities.

(b) Form. The petition shall:

(i) Be in writing:

(ii) Contain a detailed statement of the facts which are applicable to the regulation or statute in question;

(iii) Pose the question of whether, and in what manner, the stated regulation or statute applies to the facts contained in the petition;

(iv) Contain the name, address, and telephone number of the petitioner; and

(v) Contain a statement by the petitioner, under oath, that the facts contained in the petition are true to the best of his knowledge, information, and belief.

(c) Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for his consideration and disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing of whatever action he may decide to take, stating the reasons for his decision.

(5) The Secretary shall:

(a) Set the date and place of all hearings;

(b) Give notice as provided here;

(c) Preside at all hearings;

(d) Receive all views and data, either written or oral, pertaining to proposed action of the Department.

History

  • Administrative History: Effective date: May, 1967
  • Administrative History: Regulation .02B amended as an emergency provision effective April 4, 1978 (5:8 Md. R. 588); adopted permanently effective July 14, 1978 (5:14 Md. R. 1138)
  • Administrative History: Regulation .02D, E adopted as an emergency provision effective December 19, 1977 (4:27 Md. R. 2099); adopted permanently effective April 7, 1978 (5:7 Md. R. 524)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 15, 2006 (33:18 Md. R. 1502); revised permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .03 amended effective June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §2-103; State Government Article, §10-206; Annotated Code of Maryland
COMAR 15.01.01.03 Procedural Regulations — Contested Cases.

A. Notice of Agency Action.

(1) In a contested case, the Department shall give reasonable notice of the agency's action.

(2) The notice shall state:

(a) The facts that are asserted or if they cannot be stated in detail when the notice is given, the issues that are involved;

(b) The pertinent statutory and regulatory sections under which the Department is taking its action;

(c) The sanction proposed or potential penalty, if any, as a result of the Department's action;

(d) The opportunity of the recipient of the notice to request a hearing, specifying:

(i) What, if anything, the person shall do to receive a hearing; and

(ii) All relevant time requirements; and

(e) The direct consequences, sanction, or potential penalty, if any, of the recipient's failure to exercise in a timely manner the opportunity for a hearing or, if a hearing is scheduled, the recipient's failure to appear at that hearing.

B. Request for Hearing.

(1) A person may request a hearing by mailing or delivering a clear written request in the manner and within the time frame specified in the Notice of Agency Action.

(2) A request for hearing shall be considered filed on the date that the request is actually received in any office of the Department.

C. Default.

(1) The Department may issue a default order if:

(a) The recipient of the notice fails to exercise in a timely manner the opportunity for a hearing; or

(b) A hearing has been scheduled, and the recipient fails to appear at that hearing.

(2) On motion filed within 15 days after the date of the default order, the Department may, on good cause shown, vacate or modify the default order and set the case in for further proceedings as appropriate.

(3) The Department may issue a default decision and order, and impose the proposed sanction if:

(a) The recipient fails to file a motion within the time frame specified in §C(2) of this regulation; or

(b) The motion is denied.

D. Hearings.

(1) The Secretary shall preside as hearing officer at all hearings.

(2) Unless otherwise specified by law, the Department shall notify all parties to a contested hearing at least 10 days before the scheduled hearing.

(3) Any party to a hearing may be represented by counsel. The party or his counsel shall notify the hearing officer of the name, address, and telephone number of the counsel at least 5 days before the date of the hearing.

(4) Before the hearing and upon the specific request, in writing, of any party, or his counsel, the hearing officer may furnish at his office, for inspection or copying, any documents or other material relating to the matter at issue, or mail copies of the material upon request to the party. The cost shall be borne by the requesting party.

(5) The hearing officer may provide a stenographer or furnish an electric transcription device for any hearing. Any party may request a copy of the proceedings of the hearing at his own expense.

(6) At any contested hearing, a representative of the Department or other moving party shall present the case for the party first, and the other party or parties, or counsel for them, may cross-examine each witness for the Department or other moving party. The other party or parties to the hearing shall thereafter present evidence, subject to cross-examination. The parties and the Department shall be permitted to present additional evidence at any time during the hearing, and shall be permitted to present oral arguments at the close of all the evidence.

(7) The hearing officer, at his discretion, may postpone the hearing for any reason upon request of any party, his counsel, or Department official.

(8) Failure to appear at the hearing at the time and place designated in the notice, or designated by the hearing officer in the event of postponement, shall be deemed a default on the part of any party, other than the hearing officer, and the hearing officer may take the action set forth in the notice without further hearing.

(9) Within 30 days after the hearing record is closed, the hearing officer shall prepare a written decision and mail it to the last known address of each party. The 30-day period provided in this subsection is directory and no penalty shall incur if this time limitation is not satisfied. The mailing date of the hearing officer’s decision to a party constitutes notice of the decision.

E. Review by the Secretary.

(1) Except as provided by law, a person aggrieved by a decision of a position or unit within the Department after a contested case hearing or default decision that is subject to judicial review under the Administrative Procedure Act, may file a written statement with the Secretary requesting review of that decision setting forth the nature of the complaint and the relevant facts and argument.

(2) The aggrieved person shall file the written statement with the Secretary within 30 days from either the date of the written decision issued under §D(9) of this regulation or any default decision. The time restrictions imposed by this subsection is mandatory and any written statement filed beyond 30 days may not be considered.

(3) The Secretary may require the aggrieved person to pay the costs of compiling the record of the decision to be reviewed, including the cost to transcribe testimony, if any.

(4) Within 90 days after receiving the complete record, the Secretary shall investigate any claim made in the written statement, review the record, issue a decision in writing, and send a copy to each party. The 90-day period provided in this subsection is not mandatory; however, any delay beyond the 90-day period operates as an automatic denial by the Secretary.

(5) The Secretary may affirm, reverse, or modify any written decision issued by any position or unit within the Department, including any default decision. The decision of the Secretary shall be the final agency decision or action for purposes of judicial review under the Administrative Procedure Act.

(6) A party aggrieved by the final decision of the Secretary may file a petition for judicial review with the appropriate circuit court as required by the Maryland Rules of Civil Procedure.

F. Administrative Procedure Act. In addition to the foregoing regulations, the Administrative Procedure Act in the State Government Article, Annotated Code of Maryland, shall govern the practice and procedure in all hearings and appeals.

History

  • Administrative History: Effective date: May, 1967
  • Administrative History: Regulation .02B amended as an emergency provision effective April 4, 1978 (5:8 Md. R. 588); adopted permanently effective July 14, 1978 (5:14 Md. R. 1138)
  • Administrative History: Regulation .02D, E adopted as an emergency provision effective December 19, 1977 (4:27 Md. R. 2099); adopted permanently effective April 7, 1978 (5:7 Md. R. 524)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective August 15, 2006 (33:18 Md. R. 1502); revised permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .03 amended effective June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §2-103; State Government Article, §10-206; Annotated Code of Maryland

15.01.02 Distribution of Funds for the Maintenance of Drainage Systems for Agricultural Land

COMAR 15.01.02.01 Cost Sharing.

The Secretary of Agriculture may provide up to 50 percent of the cost necessary to maintain drainage outlet systems for the draining of agricultural land constructed pursuant to Article 25, §§52—59 (Public Drainage Associations) and §§169—218 (Public Watershed Associations), Annotated Code of Maryland.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulations .02C and .03A, B amended effective February 15, 1982 (9:3 Md. R. 222)
  • Administrative History: Regulation .03E-G adopted effective February 15, 1982 (9:3 Md. R. 222)
  • Authority: Agriculture Article, §§2-103 and 8-602, Annotated Code of Maryland
COMAR 15.01.02.02 Requirements for Application for Cost Sharing.

An association wishing to be considered for cost sharing pursuant to this chapter shall make written application to the Secretary as provided by the Department and shall conform to the following requirements:

A. Each association shall be active with a currently elected board of managers.

B. Each association shall have adopted and implemented an operations and maintenance program which provides for the regular maintenance of that association's drainage outlet systems.

C. Each association, upon application for assistance, shall submit an operations and maintenance plan for the maintenance of drainage outlet systems, for which cost sharing is requested. This plan shall include cost estimates and shall have been approved by the local soil conservation district in the year of application.

D. Each association shall submit a written commitment indicating the source of the funds to be matched.

E. Each association shall have the continuing duty to keep all drainage improvements in good repair.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulations .02C and .03A, B amended effective February 15, 1982 (9:3 Md. R. 222)
  • Administrative History: Regulation .03E-G adopted effective February 15, 1982 (9:3 Md. R. 222)
  • Authority: Agriculture Article, §§2-103 and 8-602, Annotated Code of Maryland
COMAR 15.01.02.03 Criteria for Allocation of Cost Sharing Funds.

A. Cost sharing for the maintenance of drainage outlet systems for agricultural land will be limited to the control of vegetation and removal of channel obstructions as follows:

(1) Control of vegetation will be limited to control of herbaceous growth or removal of shrubs or small trees which do not exceed 4 inches in diameter at breast height.

(2) Movement of earth will be limited to:

(a) Cleaning of sediment traps or construction of sediment traps as is considered necessary by the soil conservation district.

(b) Removal of material which does not change the original design of the channel, or constitute a major channel reconstruction or realignment. The original design shall be maintained and removal of material may not exceed 6 inches below the original design grade of the channel.

(c) Placement of soil shall be as specified by the soil conservation district.

B. The Secretary may provide funds for use in each county based on the mileage of ditches in each county applied for by associations and approved by districts as compared to the total mileage applied for in the State.

C. Associations which have received funds in prior years will receive a lower priority for cost sharing purposes than those which have not. A higher priority may be given where other funds, above the required 50 percent, are available from other sources such as county cost sharing funds.

D. In establishing priorities for the purpose of cost sharing for drainage outlet systems, the Secretary may consider other criteria which will promote the control of vegetation, the removal of channel obstructions, and debris from drainage outlet systems for the draining of agricultural land.

E. The Secretary may provide funds through a soil conservation district.

F. Funds are allocated for use within 12 months of the date made available to the association. The association will verify to the Secretary the expenditure of State funds and the amount of local matching funds.

G. Work for which funds are provided shall be verified by the soil conservation district for compliance with the district approved operations and maintenance plan. Any change from the plan must be approved by the soil conservation district.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulations .02C and .03A, B amended effective February 15, 1982 (9:3 Md. R. 222)
  • Administrative History: Regulation .03E-G adopted effective February 15, 1982 (9:3 Md. R. 222)
  • Authority: Agriculture Article, §§2-103 and 8-602, Annotated Code of Maryland

15.01.03 Approval of the Secretary of Agriculture for the Giving Away of Live Animals as Prizes

COMAR 15.01.03.01 Permission of the Secretary.

A. The Secretary of Agriculture is responsible for approving the giving away of a live animal (vertebrate) in the following cases when given:

(1) As a prize or an inducement to enter a contest, game, or other competition; or

(2) As an inducement to enter a place of amusement;

(3) As an incentive to enter into a business agreement when an animal is offered for the purpose of attracting trade.

B. Approval for giving away a live animal is not required when the animal is given away:

(1) As an agricultural project;

(2) For a conservation purpose;

(3) For slaughter.

History

  • Administrative History: Effective date: June 15, 1979 (6:12 Md. R. 1052)
  • Administrative History: Regulation .02 amended effective July 6, 1992 (19:13 Md. R. 1203); January 2, 1994 (20:26 Md. R. 2028); August 12, 1996 (23:16 Md. R. 1176)
  • Administrative History: Regulation .03 amended effective August 12, 1996 (23:16 Md. R. 1176)
  • Authority: Criminal Law Article, §10-610, Annotated Code of Maryland
COMAR 15.01.03.02 Requests for Approval.

A. Requests for approval to give an animal away shall be submitted in writing to the Secretary and shall provide details which clearly describe the following:

(1) The applicant's efforts to provide the animal with a sanitary environment;

(2) The type of food the animal will be provided and at what intervals the animal will be fed and, when appropriate, watered;

(3) What effort the applicant shall make to ensure that an animal is kept healthy and in good condition;

(4) The locations and dates where the giveaway is to occur, for example, the location of the fair and when the fair will take place; and

(5) When appropriate, a description of the container that the recipient will be provided to transport the animal.

B. Unless the applicant provides all of the details required under this regulation, the Secretary shall deny the request.

History

  • Administrative History: Effective date: June 15, 1979 (6:12 Md. R. 1052)
  • Administrative History: Regulation .02 amended effective July 6, 1992 (19:13 Md. R. 1203); January 2, 1994 (20:26 Md. R. 2028); August 12, 1996 (23:16 Md. R. 1176)
  • Administrative History: Regulation .03 amended effective August 12, 1996 (23:16 Md. R. 1176)
  • Authority: Criminal Law Article, §10-610, Annotated Code of Maryland
COMAR 15.01.03.03 Approval of Requests.

A. In deciding whether to give an applicant permission to give an animal away, the Secretary will judge each application on a case-by-case basis depending on the needs of each animal.

B. To receive the Secretary's approval of the request to give away live animals, the applicant shall comply with the following requirements:

(1) The applicant shall treat humanely all animals to be given away;

(2) The applicant may not give an animal to a person who does not want it;

(3) The applicant shall take steps to ensure that the animal is kept healthy and in good condition, including but not limited to the following:

(a) Provide the animal with a sanitary environment, for example, that the container holding the animal is cleaned regularly and maintained in a sanitary condition,

(b) When appropriate, provide potable water to the animal, and

(c) Feed the animal nutritious food in sufficient quantities;

(4) The applicant may not give away an animal that is not in good health;

(5) The applicant shall inform the recipient of an animal that the applicant will care for the animal until the recipient leaves the event in which the giveaway is occurring, for example, the fair;

(6) The applicant shall give the recipient or winner a coupon which may be used to redeem the animal at the time the recipient or winner departs from the event, for example, the fair;

(7) For each recipient of an animal, the applicant shall provide written instructions on how to care for the animal and, when appropriate, a suitable container to transport the animal; and

(8) The applicant shall permit the Secretary or the Secretary's agent to examine an animal that is to be given away.

C. If the Secretary approves the giving away of an animal, the approval shall be in writing and retained on the premises where the animal is to be given away.

D. Violations.

(1) Except as provided in §D(2) of this regulation, if a person violates the terms of an approval, or provides inaccurate information to the Secretary, an approval may be revoked after a hearing as provided by regulations of the Maryland Department of Agriculture.

(2) The Department may summarily suspend its approval if it finds that the safety or welfare of an animal under the applicant's care requires emergency action and promptly gives the applicant:

(a) Written notice of the suspension, the finding, and the reasons that support the finding; and

(b) An opportunity to be heard.

History

  • Administrative History: Effective date: June 15, 1979 (6:12 Md. R. 1052)
  • Administrative History: Regulation .02 amended effective July 6, 1992 (19:13 Md. R. 1203); January 2, 1994 (20:26 Md. R. 2028); August 12, 1996 (23:16 Md. R. 1176)
  • Administrative History: Regulation .03 amended effective August 12, 1996 (23:16 Md. R. 1176)
  • Authority: Criminal Law Article, §10-610, Annotated Code of Maryland

15.01.04 Public Information Act Requests

COMAR 15.01.04.01 Scope.

This chapter sets out procedures under the Public Information Act for filing and processing requests to the Department of Agriculture for the inspection and copying of public records of the Department.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.02 Policy.

It is the policy of the Department to facilitate access to the public records of the Department, when access is allowed by law, by minimizing costs and time delays to applicants.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.

(2) “Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.

(3) “Board” has the meaning stated in General Provisions Article, §4-101(c), Annotated Code of Maryland.

(4) “Copy” means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image.

(5) “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.

(6) “Department” means the Department of Agriculture.

(7) “Indigent” has the meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of Maryland.

(8) “Metadata” has the meaning stated in General Provisions Article, §4-205(a), Annotated Code of Maryland.

(9) “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland.

(10) “PIA Coordinator” means the Department employee who is responsible for accepting requests for public records.

(11) “Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, to resolve disputes under the Act.

(12) “Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland.

(13) “Reasonable fee” has the meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of Maryland.

(14) “Secretary” means the Secretary of Agriculture.

(15) “Working day” means a day other than Saturday, Sunday, or a State holiday.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.04 Secretary as Official Custodian.

Unless otherwise provided by law, the Secretary is the official custodian of the public records of the Department.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.05 Who May Request Public Records.

Any person may request to inspect or copy public records of the Department.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.06 Necessity for Written Request.

A. Inspection.

(1) Except as otherwise provided in this chapter, the custodian shall make public records of the Department available for inspection by an applicant without demanding a written request.

(2) The custodian shall require a written request if the custodian reasonably believes that:

(a) The Act or any other law may prevent the disclosure of one or more public records to the applicant; or

(b) A written request will materially assist the Department in responding.

B. Copies. If the applicant requests one or more copies of any public records of the Department, the custodian may require a written request.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.07 Contents of Written Request.

A written request shall:

A. Contain the applicant’s name and address;

B. Be signed by the applicant; and

C. Reasonably identify, by brief description, the public record sought.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.08 Addressee.

A request to inspect or copy a public record of the Department shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Secretary or the PIA Coordinator.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.09 Response to Request.

A. Custodian’s Initial Responsibilities.

(1) If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection:

(a) Immediately; or

(b) Within a reasonable time period, not to exceed 30 days after the date of the request, if that period is needed to retrieve the public record and conduct any necessary review.

(2) If the custodian reasonably believes that it will take more than 10 working days to produce the record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request:

(a) The amount of time that the custodian anticipates it will take to produce the public record;

(b) An estimate of the range of fees that may be charged to comply with the request for public records; and

(c) The reason why it will take more than 10 working days to produce the records.

B. If the custodian decides to deny a request for inspection, the custodian shall:

(1) Deny the request within 30 days after the request; and

(2) Immediately notify the applicant of the denial.

C. If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that gives:

(1) The reason for denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of:

(a) Why denial is necessary; and

(b) Why the harm from disclosure of the public record would be greater than the public interest in providing access to the information in the public record such that disclosure of the public record would be contrary to the public interest;

(2) The legal authority for the denial;

(3) Without disclosing the protected information, a brief description of the undisclosed records that will enable the applicant to assess the applicability of the legal authority for the denial; and

(4) Notice of the remedies available for review of the denial.

D. If a requested public record is not in the custody or control of the person to whom application is made, that person shall, within 10 working days after receipt of the request, notify the applicant:

(1) That the person does not have custody or control of the requested public record; and

(2) If the person knows, of:

(a) The name of the custodian of the public record; and

(b) The location or possible location of the public record.

E. Any time limit imposed by §§A—C of this regulation may be extended:

(1) With the consent of the applicant, for an additional period of up to 30 days; and

(2) For the period of time during which a dispute initiated by the applicant is pending before the Public Access Ombudsman.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.10 Notice to and Consideration of Views of Person Potentially Affected by Disclosure.

A. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Department to any person, who in the judgment of the custodian, could be adversely affected by disclosure of that public record.

B. The custodian may consider the views of the potentially affected person before deciding whether to disclose the public record to the applicant.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.11 Electronic Records.

A. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:

(1) The public record is in a searchable and analyzable electronic format;

(2) The applicant requests a copy of the public record in a searchable and analyzable electronic format; and

(3) The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act.

B. The custodian shall provide a portion of the public record in a searchable and analyzable electronic format if:

(1) Requested by the applicant; and

(2) The custodian is able to do so by using the existing functions of the database or software program that contains the searchable and analyzable data.

C. The custodian is not required to:

(1) Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format; or

(2) Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained.

D. The custodian may remove metadata from an electronic document before providing the electronic record to an applicant by:

(1) Using a software program or function; or

(2) Converting the electronic record into a different searchable and analyzable format.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.12 Public Record Destroyed or Lost.

If the custodian knows that a requested public record has been destroyed or lost, the custodian shall promptly:

A. Notify the applicant that the public record is not available; and

B. Explain the reasons why the public record cannot be produced.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.13 Review of Denial.

A. If the custodian denies a request to inspect or copy a public record of the Department, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §§B and C of this regulation.

B. If the custodian charges a fee of more than $350 under Regulation .15 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written complaint with the Board under General Provisions Article, §4-1A-05(a), Annotated Code of Maryland.

C. The applicant and the custodian each may contact the Public Access Ombudsman to resolve, under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, a dispute relating to requests for public records.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.14 Disclosure Against Public Interest.

A. Denial Pending Court Order.

(1) If, in the opinion of the Secretary, disclosure of a public record of the Department otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request and seek a court order allowing continued nondisclosure.

(2) A temporary denial shall be in writing.

B. Circuit Court Review.

(1) Within 10 working days after the denial, the Secretary shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access.

(2) Notice of the Secretary’s complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.15 Fees.

A. The fee schedule for copying and certifying copies of public records of the Department is as follows:

(1) Copies.

(a) The fee for each copy made by a standard printer or photocopying or scanning machine with the Department is 25 cents per page.

(b) The fee for each copy made otherwise shall be based on the actual cost of reproduction.

(2) Certification of Copies. If a person requests that a copy of a public record be certified as a true copy, an additional fee of $1 per page (or if appropriate, per item) shall be charged.

(3) Minimum Fee. No charge will be made if the total fee is $10 or less.

B. Notwithstanding §A of this regulation, if the fee for copies or certified copies of any public record of the Department is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee.

C. If the custodian cannot copy a public record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall:

(1) Collect from the applicant a fee to cover the actual cost of reproduction; or

(2) Direct the applicant to pay the cost of reproduction directly to the facility making the copy.

D. Before copying a public record of the Department, the custodian shall estimate the cost of reproduction and either:

(1) Obtain the agreement of the applicant to pay the cost; or

(2) Require prepayment of all or a portion of the cost.

E. Search and Preparation Fee.

(1) Except as provided in §F of this regulation, the custodian may charge a reasonable fee for time that an official employee of the Department spends:

(a) To search for requested public records;

(b) Review requested public records for inspection and copying; and

(c) To prepare public records for inspection and copying.

(2) The custodian shall determine the fee under §E(1) of this regulation by multiplying the employee’s salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and copying.

F. The custodian may not charge a fee under §E of this regulation for the first 2 hours spent searching for and preparing a public record for inspection.

G. Waiver or Reduction of Fee.

(1) The official custodian may waive or reduce any fee set under this regulation if:

(a) The applicant requests a waiver; and

(b) Either:

(i) The custodian determines that the waiver or reduction is in the public interest; or

(ii) The applicant is indigent and files an affidavit verifying the facts that support a claim of indigency.

(2) In determining whether a fee is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.

H. If the applicant requests that copies of a public record be mailed or delivered to the applicant or to a third party, the custodian may charge the applicant for the cost of postage or delivery.

Cross References

15.01.04.13B

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland
COMAR 15.01.04.16 Time and Place of Inspection.

A. An applicant may inspect any public record of the Department that the applicant is entitled to inspect during the normal working hours of the Department.

B. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant’s express wish, determines that another place is more suitable and convenient.

History

  • Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1367)
  • Administrative History: Regulations .01—.08, .10—.16 amended effective April 4, 1988 (15:7 Md. R. 852)
  • Administrative History: Regulation .17 adopted effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 repealed and new Regulations .01—.16 adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §§4-101—4-601; Annotated Code of Maryland

15.01.05 Cost Sharing — Water Pollution Control Program

COMAR 15.01.05.01 General.

This chapter explains the State's cost sharing program to assist eligible applicants in implementing certain agricultural practices which will lessen water pollution caused by nutrients, sediment, animal wastes, or agricultural chemicals. Under this program, grants are made to farmers for the primary purpose of conserving soil and water resources and for protecting or restoring the environment for the public benefit.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Best management practice” means a conservation or pollution control practice that manages soil loss due to farming practices or manages animal wastes or agricultural chemicals so as to minimize movement into the surface waters of the State.

(2) “County Soil Survey” means a report developed by the United States Department of Agriculture, Natural Resource Conservation Service, for each county which identifies soil types.

(3) “Critical condition” means a condition on land where there is or there may be a high potential for the movement of pollutants from nutrients, sediment, animal wastes, or agricultural chemicals into the waters of the State.

(4) “Department” means the Maryland Department of Agriculture.

(5) “District” means a soil conservation district.

(6) “Eligible cost” means a capital expenditure for installing, purchasing, or constructing a best management practice or fixed natural filter practice, including, but not limited to, the cost of pollution control equipment, animal waste facilities, water control structures, diversion facilities, sediment basins or grade stabilization structures, establishing permanent vegetative cover, or a contour, strip-cropping, terrace, or conservation tillage system of farming. It does not include the cost of land or interests in land, or the costs of operating or maintaining best management practices.

(7) “Fixed natural filter practice” means one of the following practices:

(a) The planting of riparian forest buffers;

(b) The planting of riparian herbaceous cover;

(c) Tree plantings that are:

(i) On agricultural land; or

(ii) Outside a riparian buffer;

(d) Wetland restoration; or

(e) Pasture management, including rotational grazing systems such as livestock fencing and watering systems implemented as part of the conversion of cropland to pasture.

(8) “Geographic area” means a watershed or major portion of a watershed which contains or has a high potential for containing priority areas.

(9) “Improved conservation benefit” means an improvement in the condition of the soil, water, or other such natural resource of the State, and includes, among other beneficial effects, improved water quality, improved soil health, reduced soil loss, and restored wetlands.

(10) “Natural resource concern” means the expected degradation of the soil, water, or other resource base to the extent that the sustainability or intended use of the resource is impaired, and includes, among other concerns, soil erosion, soil quality degradation, water quality degradation, and excess water.

(11) “Nutrient management plan” means a plan prepared by a State-certified nutrient management consultant to manage the amount, placement, timing, and application of animal waste, fertilizer, biosolids, sewage sludge, or other plant nutrients in order to prevent pollution and to maintain the productivity of the soil. Requirements for plan content, recommendations, maintenance, updates, and record keeping are further defined under COMAR 15.20.08.

(12) “Person” means an individual, partnership, corporation, trust, or other business enterprise which as an owner, landlord, or tenant, participates in the operation of a farm.

(13) “Pooling agreement” means a written agreement between persons approved by the Secretary, to perform best management practices and which is intended to solve a mutual pollution problem on different farms.

(14) “Priority area” means an area where a critical condition exists.

(15) “Project” means a project to prevent or control agriculturally related nonpoint source water pollution by establishing best management practices on a farm.

(16) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

(17) “Waters of the State” means both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.03 Program Eligibility — Priority and Geographic Areas for Water Pollution Control.

A. A person who operates a farm in a priority area as designated in this regulation is eligible to apply for financial assistance for one or more projects under the State's cost share program for water pollution control.

B. The following geographic areas within this State are identified by watershed name and watershed segment number because they are likely to contain priority areas for water pollution control:

(1) The following watersheds in the Middle Potomac River Basin:

(a) Double Pipe Creek (02-14-03-04);

(b) Upper Monacacy River (02-14-03-03);

(c) Catoctin Creek (02-14-03-05);

(d) Lower Monacacy River (02-14-03-02);

(e) Direct drainage to the Potomac River between the Monocacy and Shenandoah Rivers (02-14-03-01);

(2) The following watersheds in the Upper Potomac River Basin:

(a) Antietam Creek (02-14-05-02);

(b) Conococheague Creek (02-12-05-04);

(3) The Seneca Creek Watershed in the Potomac River Washington Metro Area (02-14-02-08);

(4) The Deer Creek Watershed in the Lower Susquehanna River Basin (02-12-02-02);

(5) The Sassafras River Watershed in the Elk River Basin (02-13-06-10);

(6) The following watersheds in the Chester River Basin:

(a) Miles River (02-13-05-02);

(b) Wye River (02-13-05-03);

(c) Middle Chester River (02-13-05-09);

(d) Upper Chester River (02-13-05-10);

(7) The following watersheds in the Pocomoke River Basin:

(a) Nassawango Creek (02-13-02-05);

(b) Lower Pocomoke River (02-13-02-02);

(c) Manokin River (02-13-02-08);

(d) Upper Pocomoke River (02-13-02-03);

(e) Dividing Creek (2-13-02-04);

(8) The following watersheds in the Choptank River Basin:

(a) Upper Choptank (02-13-04-04);

(b) Lower Choptank (02-13-04-03;

(c) Tuckahoe Creek (02-13-04-05);

(9) The following watersheds in the Nanticoke/Wicomico River Basin:

(a) Lower Wicomico (02-13-03-01);

(b) Nanticoke River (02-13-03-05);

(c) Marshy Hope Creek (02-13-03-06);

(d) Wicomico Creek (02-13-03-03);

(e) Transquaking River (02-13-03-08);

(10) The South Branch Patapsco Watershed in the Patapsco River Basin (02-13-09-08);

(11) The following reservoir watersheds:

(a) Loch Raven (02-13-08-05);

(b) Prettyboy (02-13-08-06);

(c) Liberty (02-13-09-07); and

(12) All watersheds in the Patuxent River Basin (02-13-11-xx).

C. State Cost Share Funds Shall be Made Available Only in a Priority Area.

(1) A priority area is an area:

(a) Within a geographic area located within 1,000 feet of the surface waters of the State where critical conditions exist;

(b) Within a geographic area located more than 1,000 feet from the surface waters of the State provided a severe agricultural pollution problem exists;

(c) Outside a geographic area located within 1,000 feet of the surface waters of the State where critical conditions exist; or

(d) Outside a geographic area located more than 1,000 feet from the surface waters of the State provided a severe agricultural pollution problem exists.

(2) In determining the existence of critical conditions, the Department shall place emphasis on evidence that water runoff is carrying or has the potential to carry any pollutants from nutrients, sediment, animal wastes, or agricultural chemicals to the waters of the State. In addition, the Department shall consider the following criteria in designating a priority area:

(a) Whether the area has a serious soil loss due to sheet, rill, gully, or wind erosion;

(b) Whether the area has severely eroded soils as designated by erosion symbol 3 in the county soil survey;

(c) Whether the area is designated as a land use capability class IIIe or higher, including all areas in class C slopes or greater, as designated by the county soil survey;

(d) Whether the area is included in a land use capability subclass S, as designated by the county soil survey; and

(e) Whether critical conditions exist near the surface waters of the State.

(3) The following documents are incorporated by reference. They are available for review at each soil conservation district office. These documents are:

(a) Soil Survey of Allegany County;

(b) Soil Survey of Anne Arundel County;

(c) Soil Survey of Baltimore County;

(d) Soil Survey of Calvert County;

(e) Soil Survey of Caroline County;

(f) Soil Survey of Carroll County;

(g) Soil Survey of Cecil County;

(h) Soil Survey of Charles County;

(i) Soil Survey of Dorchester County;

(j) Soil Survey of Frederick County;

(k) Soil Survey of Garrett County;

(l) Soil Survey of Harford County;

(m) Soil Survey of Howard County;

(n) Soil Survey of Kent County;

(o) Soil Survey of Montgomery County;

(p) Soil Survey of Prince George's County;

(q) Soil Survey of Queen Anne's County;

(r) Soil Survey of St. Mary's County;

(s) Soil Survey of Somerset County;

(t) Soil Survey of Talbot County;

(u) Soil Survey of Washington County;

(v) Soil Survey of Wicomico County; and

(w) Soil Survey of Worcester County.

D. A landowner who engages in an agricultural operation is eligible to receive cost share assistance for the preparation and the implementation of a nutrient management plan project provided that landowner is a State-certified nutrient management consultant or uses technical assistance from a private State-certified and licensed nutrient management consultant.

E. Any nutrient management plan project shall comply with the following:

(1) If the person is using commercial fertilizer, as defined by Agriculture Article, §6-201(f), Annotated Code of Maryland, the plan shall be based on both nitrogen and phosphorus as limiting nutrients; or

(2) If the person is using animal manure, the plan:

(a) May be based on nitrogen as the only limiting nutrient if developed before July 1, 2004; and

(b) Shall be based on phosphorus as the limiting nutrient in accordance with COMAR 15.20.07.

F. A person receiving cost share assistance for nutrient management plan development shall implement the plan in accordance with deadlines set forth in COMAR 15.20.07.04.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.04 Application Procedures.

A. A person may apply for cost sharing funds for a project on a Departmental request form provided by each local district.

B. Upon request by the applicant, the district shall complete a project technical determination form which shall include an approximate project cost figure. For projects other than nutrient management plans, the district shall recommend whether a critical condition exists on a farm. Cost figures for nutrient management plan development may be calculated by a State-certified and licensed nutrient management consultant using State-designated flat rates.

C. The district shall forward both forms to the Department for review.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.05 Application Review and Approval.

A. The Department to Approve or Disapprove an Application.

(1) If the Department approves a project, it shall base the amount of State cost sharing on:

(a) The existence of a critical condition;

(b) Water quality improvements to be achieved, with consideration given to the cumulative effect of other projects on the same body of water;

(c) Excepting riparian forest buffers, riparian herbaceous cover, wetland restoration, or pasture management, the estimated reduction of soil loss;

(d) The estimated reduction of pollution from animal waste;

(e) The estimated economic benefit to the participating farmer from use of the best management practice;

(f) Use of the most cost-effective best management practice;

(g) For pasture management, the applicable rate established by the U.S. Department of Agriculture’s Environmental Quality Incentives Program; and

(h) For the planting of multiple species of cover crops, the rate shall equal or exceed the rates paid for the planting of a single species of cover crop.

(2) The Department shall disapprove an application for any of the following reasons:

(a) The applicant seeks to reestablish agricultural practices which have deteriorated due to the negligence or mismanagement of an applicant;

(b) The applicant seeks funding for a conservation practice that does not:

(i) Address a natural resource concern identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service; or

(ii) Result in an improved conservation benefit;

(c) The application is incomplete or does not comply with these regulations;

(d) The applicant's land is not a farm or is not used for agricultural purposes;

(e) The application is for a farm where a critical condition does not exist;

(f) The application is for a project which is already under construction; or

(g) No available funds.

B. Within 30 days, the Department shall notify both the applicant and the district if an application is approved, and the applicant shall be notified of the estimated State cost sharing amount for the project and the applicant's required matching amount.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.06 Technical Assistance by the District.

Upon application approval and notice by the Department, the applicant shall request the district to prepare or approve all design, construction, maintenance, or other plans for the project. The district shall provide any necessary layout and construction supervision. The district shall prepare a technical report along with its final estimate of project cost and send it to the applicant and to the Department.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.07 Cost Sharing Agreement.

A. After a technical report of the project has been submitted to the Department by the district, the Department, with the approval of the Board of Public Works (when proceeds of State bonds are used to finance the State share), the district and the applicant shall execute an agreement. The agreement, among other things, shall obligate the applicant to:

(1) Establish, construct, or install one or more best management practices in accordance with district technical specifications;

(2) Maintain the best management practice for its expected life span;

(3) Bind any successor in title for the life of the project as specified in the agreement;

(4) Provide any required funds for the project; and

(5) Grant the Department, if it requests, a security interest in any equipment, structures, or similar items purchased with State cost sharing funds.

B. Before the Department executes a cost sharing agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and conditions of the agreement.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.08 Project Establishment.

A. After all parties execute a cost sharing agreement, and upon notice to the local district by the applicant, an applicant shall begin the approved project.

B. The applicant shall be responsible for all steps in completing the project, including, but not limited to, obtaining any necessary permits and the services of contractors, or obtaining any necessary materials or equipment to complete project construction.

C. The applicant shall provide the Department with a copy of the nutrient management plan immediately upon its final preparation when submitting a claim for payment for cost share assistance.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.09 Project Supervision.

A. A district shall periodically inspect the construction or installation of any project to ensure that it complies with district technical specifications.

B. An applicant shall agree to allow district, Department, and U.S. Department of Agriculture—Natural Resource Conservation Service representatives reasonable access to the project site for the purpose of site inspection and for reviewing the applicant's project records.

C. In order to verify implementation of the nutrient management plan project, the applicant shall agree to allow a Department representative access to the:

(1) Project site; and

(2) Applicant's project records.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.10 Distribution of Cost Sharing Funds.

A. A person who executes a cost sharing agreement shall do all of the following before making a claim for payment to the Department:

(1) A person shall document all eligible costs on an itemized statement and submit it to the district for approval. Each itemized cost shall be supported by payment receipts or unpaid invoices from vendors. Each receipt shall be signed by the person who executes a cost share agreement and certified that each cost is true and correct to the best of that person's knowledge;

(2) Each payment receipt or unpaid invoice shall show the following:

(a) Vendor, or vendors names;

(b) Type of material, labor, or equipment used on the project; and

(c) The unit cost paid for the item, the total amount paid to the vendor, and the date payment was received.

(3) The total amount of any claim for payment shall be shown clearly on a separate line on the face of the receipt. If receipts include items which were not used on the approved project, a person shall delete those items and adjust any total on the receipt.

B. After a project has been completed, a person shall complete a departmental claim for payment form, which is available from a district.

C. The district shall certify to the Department that the project meets all applicable standards and specifications. The district shall also certify to the Department that a person's claim for payment properly represents all eligible costs. Only a State-certified nutrient management consultant may certify that a nutrient management plan meets all applicable standards and specifications.

D. The Department shall distribute cost sharing funds only after it has determined that the project or best management practice has been established, or in the case of equipment, structures, or similar items, that it has been received and properly installed.

E. Distribution.

(1) General Rule. The Department may distribute cost sharing funds for a project up to 100 percent of eligible costs, subject to the restrictions in §E(2)—(4) of this regulation.

(2) Single Projects Other than Animal Waste Storage or Treatment Projects. The payment made under this program for a single non-waste storage or treatment project not covered by a pooling agreement may not exceed $150,000, and the payment for a single non-waste storage or treatment project covered by a pooling agreement may not exceed $200,000.

(3) Animal Waste Storage or Treatment Projects.

(a) The payment made under this program for a single animal waste storage or treatment project may not exceed $200,000.

(b) The total payment made for all animal waste storage or treatment projects located on a farm or farms that a person owns or operates or in which the person has a controlling interest may not exceed $450,000 whether the person installed the project or a predecessor-in-title installed the project. This rule does not apply to an animal waste storage or treatment project that is no longer subject to an active agreement with the Department.

(c) The payment for an animal waste storage or treatment project:

(i) Shall address an existing resource concern; and

(ii) If it is for a start-up poultry or livestock operation or the expansion of a poultry or livestock operation, may not exceed 50 percent of the eligible cost.

(4) Nutrient Management Plans. The payment made under this program for a nutrient management plan may be for up to 87-1/2 percent of eligible costs which may include soil, plant tissue, and manure analysis. Payment made for the nutrient management plan project is not included in the maximum total cost share allowed per person.

F. If total cost sharing funds available from all sources exceed the State's maximum cost share rate for a project, the State's share shall be adjusted or prorated so as not to exceed the State's rate.

G. If actual costs are less than the estimated costs contained in the agreement, the payment may not exceed the cost share rate based on the actual costs.

H. If actual costs are more than the estimated costs contained in the agreement, the payment may be based on the actual cost if the Department approves the overrun and if funds are available.

I. Payment may be made either to the person when the person has advanced money, or directly to a vendor or contractor in accordance with the agreement.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.11 Project Monitoring.

A. After the Department has distributed cost sharing funds, the district or the Department shall monitor projects to see if they are maintained in accordance with the agreement. Any violations shall be reported by the district to the Department.

B. The district shall maintain a complete record of technical assistance provided to persons under the cost sharing program. These records will be available to the Department upon request.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
COMAR 15.01.05.12 Failure to Establish or Maintain Best Management Practices.

If a person fails to establish, install, construct, or maintain a best management practice in accordance with any agreement executed with the Department, that person shall be liable for the full amount of State cost sharing funds paid for any practice that was not implemented or maintained. However, a person is not liable for inadequate maintenance or destruction of a best management practice if caused by an act of nature that could not be reasonably anticipated.

History

  • Administrative History: Effective date: June 6, 1983 (10:11 Md. R. 978)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393); emergency status expired May 15, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .03D—F adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulations .03B and .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .03D—F amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .04B amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .05A amended as an emergency provision effective December 8, 2020 (48:1 Md. R. 9); amended permanently effective May 17, 2021 (48:10 Md. R. 401)
  • Administrative History: Regulation .08C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .09B amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09C adopted as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); adopted permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
  • Administrative History: Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
  • Administrative History: Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
  • Administrative History: Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
  • Administrative History: Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
  • Administrative History: Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .10E amended as an emergency provision effective July 30, 2021 (48:17 Md. R. 665); amended permanently effective October 18, 2021 (48:21 Md. R. 892)
  • Administrative History: Regulation .10E amended effective May 2, 2022 (49:9 Md. R. 531)
  • Administrative History: Regulation .10E amended as an emergency provision effective January 1, 2024 (51:3 Md. R. 153); amended permanently effective April 15, 2024 (51:7 Md. R. 334)
  • Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland

15.01.06 Correction or Amendment of Public Records

COMAR 15.01.06.01 Scope.

This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Maryland Department of Agriculture.

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland.

(2) “Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.

(3) “Custodian has the meaning stated in General Provisions Article, §4-101 (d), Annotated Code of Maryland.

(4) “Department” means the Department of Agriculture.

(5) “Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland.

(6) “Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland.

(7) “Secretary” means the Secretary of Agriculture.

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.03 Who May Request.

A person in interest may request that the Department correct or amend any public record that:

A. The Department keeps; and

B. The person in interest is authorized to inspect.

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.04 Contents of Request.

A. A person in interest shall make a request to correct or amend a public record in writing.

B. The request shall:

(1) Identify the public record to be corrected or amended;

(2) State the precise correction or amendment requested;

(3) State the reason for the correction or amendment; and

(4) Include a statement that, to the best of the requester’s belief, the public record is inaccurate or incomplete.

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.05 Addressee.

A request to correct or amend a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Secretary.

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.06 Return of Nonconforming Request.

A. The Department shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter.

B. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Department shall return the request to the requester with:

(1) An explanation of the reason for the return; and

(2) A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.07 Response to Request.

Within 30 days after the Department receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall:

A. Make the requested correction or amendment, and inform the requester in writing of the action; or

B. Inform the requester in writing that the Department will not:

(1) Make the requested correction or amendment, and the reason for the refusal; or

(2) Act on the request because:

(a) The requester is not a person in interest;

(b) The requestor is not authorized to inspect the record; or

(c) Of any other reason authorized by law.

Cross References

15.01.06.11A(1)

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.08 Refusal of Request.

If the Department refuses to make a requested correction or amendment, a person in interest may file with the Department a concise statement of the reasons for:

A. The requested correction or amendment; and

B. The person’s disagreement with the refusal of the Department to make the correction or amendment.

Cross References

15.01.06.09

15.01.06.11A(2)

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.09 Requirements for Statement of Disagreement.

The statement submitted under Regulation .08 of this chapter shall:

A. Be on pages no larger than 8.5 x 11 inches in size;

B. Use only one side of each page; and

C. Consist of no more than five pages.

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.10 Provide Statement of Disagreement.

If a person in interest files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the Department shall provide a copy of the statement whenever the Department discloses the public record to a third party.

Cross References

15.01.06.11A(3)

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland
COMAR 15.01.06.11 Administrative Review.

A. person may request administrative review under this regulation if the Department:

(1) Has refused the person’s request to correct or amend a public record under Regulation .07 of this chapter;

(2) Has rejected the person’s statement of disagreement under Regulation .08 of this chapter; or

(3) Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter.

B. A request for review shall be filed with the Secretary within 30 days after the requester is advised of the Department’s action.

C. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and the administrative hearing regulations of the Department.

History

  • Administrative History: Effective date: February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 under chapter, Correction or Amendment of Personal Records repealed and new Regulations .01—.11 under new chapter, Correction or Amendment of Public Records adopted effective February 10, 2020 (47:3 Md. R. 172)
  • Authority: Agriculture Article, §2-103; General Provisions Article, §4-502; Annotated Code of Maryland

15.01.07 Aquaculture Grant Program

COMAR 15.01.07.01 General.

These regulations explain the Aquaculture Grant Program.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01--.09 adopted as an emergency provision effective February 9, 1990 (17:5 Md. R. 634); emergency status expired June 11, 1990; adopted permanently effective June 25, 1990 (17:12 Md. R. 1494)
  • Authority: Chapter 14, Laws of Maryland 1989
COMAR 15.01.07.02 Purpose.

The purpose of the Aquaculture Grant Program is to provide matching funds for wastewater facilities for private aquaculture operations. This program will help Maryland aquafarmers design and construct devices that will reduce wastewater discharge or treat effluent to comply with water quality standards established by the Maryland Department of the Environment and the federal Environmental Protection Agency.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01--.09 adopted as an emergency provision effective February 9, 1990 (17:5 Md. R. 634); emergency status expired June 11, 1990; adopted permanently effective June 25, 1990 (17:12 Md. R. 1494)
  • Authority: Chapter 14, Laws of Maryland 1989
COMAR 15.01.07.03 Who May Apply.

A person with an aquaculture project that meets the program objectives as contained in this chapter may apply to the Department for a matching aquaculture grant.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01--.09 adopted as an emergency provision effective February 9, 1990 (17:5 Md. R. 634); emergency status expired June 11, 1990; adopted permanently effective June 25, 1990 (17:12 Md. R. 1494)
  • Authority: Chapter 14, Laws of Maryland 1989
COMAR 15.01.07.04 Application Contents.

A. An application shall contain the following, with each section beginning on a separate sheet of paper:

(1) Title page, which shall contain the following:

(a) The project title;

(b) The requested grant amount;

(c) A statement of the funding phase, that is, design and testing, or construction and use;

(d) The county where the aquaculture project is located; and

(e) The applicant's name and signature, address and phone number, or name and signature of the applicant's authorized representative, if any.

(2) Project description, which shall include:

(a) The project's objective;

(b) A short, general summary, of approximately 300—400 words, of the proposed project;

(c) The project's design description, including drawings, as appropriate;

(d) How the project will be operated and tested to meet the program objective or objectives as provided in Regulation .05A(1)(c) of this chapter;

(e) An identification of the way in which the wastewater will be discharged and where, including the body of water, if any, receiving the wastewater;

(f) Any other information the applicant believes necessary for the Department's complete review of the proposed project.

(3) Project Budget.

(a) The applicant shall contribute at least 50 percent to the cost of any project.

(b) The application shall contain a proposed budget for the project, identifying all sources and uses of money, and the estimated value of the applicant's other contributions to the cost of the project, such as goods and labor.

(c) An applicant's labor contribution shall be based on the value of any salary paid for necessary labor, including benefits.

(d) Any contribution of equipment shall be for equipment necessary for the project.

(e) The applicant shall provide the Department with budget information in the following areas:

(i) Labor;

(ii) Travel;

(iii) Equipment;

(iv) Testing; and

(v) Other necessary costs for the project.

(f) The budget shall include a proposed beginning and an ending date for the project.

(4) Resumes.

(a) Each applicant shall include a resume, and resumes of key personnel involved in the project.

(b) All resumes shall include the educational background and the experience of the applicant and key personnel as these relate to the project.

B. An applicant shall submit the application to the Maryland Department of Agriculture, Aquaculture Office, 50 Harry S Truman Parkway, Annapolis, Maryland 21401.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01--.09 adopted as an emergency provision effective February 9, 1990 (17:5 Md. R. 634); emergency status expired June 11, 1990; adopted permanently effective June 25, 1990 (17:12 Md. R. 1494)
  • Authority: Chapter 14, Laws of Maryland 1989
COMAR 15.01.07.05 Application Review and Approval.

A. The Department shall approve or disapprove an application as follows:

(1) The Department shall approve projects in the order in which applications are received, if funds are available, and if in the Department's judgment:

(a) The scientific and engineering objectives of the project are reasonable;

(b) The technological aspects of the project are appropriate and feasible;

(c) Project plans are adequate to fulfill one or more of the following grant program objectives:

(i) Water conservation,

(ii) Water recirculation,

(iii) Nutrient discharge reduction,

(iv) Solids reduction,

(v) Thermal pollution abatement;

(d) The applicant agrees to pay at least 50 percent of the cost of an aquaculture project.

(2) The Department shall disapprove an application for any of the following reasons:

(a) The application is incomplete or does not comply with these regulations.

(b) Funds are not available. Any application disapproved for this reason may be held for consideration by the Department for the next fund cycle.

B. The Department shall notify the applicant if an application is approved or disapproved. If the application is approved, the applicant shall be notified of the amount of the State grant for the project and the applicant's required matching amount.

Cross References

15.01.07.04A(2)(d)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01--.09 adopted as an emergency provision effective February 9, 1990 (17:5 Md. R. 634); emergency status expired June 11, 1990; adopted permanently effective June 25, 1990 (17:12 Md. R. 1494)
  • Authority: Chapter 14, Laws of Maryland 1989
COMAR 15.01.07.06 Grant Agreement.

Upon approval of an application by the Department, the applicant shall execute an agreement. The agreement, among other things, shall obligate the applicant to:

A. Establish and operate an aquaculture project according to project specifications;

B. Provide any required funds for the project;

C. Bind any successor in title for the life of the project;

D. Maintain records as required;

E. Allow the Department to monitor the project to determine that the project is constructed and operated in accordance with any agreement.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01--.09 adopted as an emergency provision effective February 9, 1990 (17:5 Md. R. 634); emergency status expired June 11, 1990; adopted permanently effective June 25, 1990 (17:12 Md. R. 1494)
  • Authority: Chapter 14, Laws of Maryland 1989
COMAR 15.01.07.07 Distribution of Grant.

A. The Department may disburse funds for a project up to 50 percent of eligible costs or $15,000, whichever is less.

B. Grant funds shall be distributed as follows:

(1) One third of the grant shall be awarded to the applicant following the execution of the cost-sharing agreement.

(2) One third of the grant shall be awarded to the applicant when the project begins operation. The Department shall verify the operation before payment.

(3) One third of the grant shall be awarded to the applicant following receipt of a project final report prepared by the applicant. The final report shall contain:

(a) An evaluation of the degree to which the project meets grant program objectives as provided in Regulation .05A(1)(c), including test results;

(b) An accounting of the disbursement of all funds with an itemized list of costs associated with the project;

(c) The date and the signature of the applicant certifying that the information presented is true and correct to the best of that person's knowledge.

C. If actual costs are less than the estimated costs contained in the agreement, the payment may not exceed the cost share rate based on the actual costs.

D. If actual costs are more than the estimated costs contained in the agreement, the payment may be based on the actual cost if the Department approves the overrun and if funds are available.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01--.09 adopted as an emergency provision effective February 9, 1990 (17:5 Md. R. 634); emergency status expired June 11, 1990; adopted permanently effective June 25, 1990 (17:12 Md. R. 1494)
  • Authority: Chapter 14, Laws of Maryland 1989
COMAR 15.01.07.08 Project Monitoring.

After the Department has distributed funds, the Department shall monitor projects to see if the projects are in accordance with the agreement.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01--.09 adopted as an emergency provision effective February 9, 1990 (17:5 Md. R. 634); emergency status expired June 11, 1990; adopted permanently effective June 25, 1990 (17:12 Md. R. 1494)
  • Authority: Chapter 14, Laws of Maryland 1989
COMAR 15.01.07.09 Failure to Establish or Operate a Project.

If a person fails to establish or operate a project in accordance with any agreement executed with the Department, that person shall be liable for the full amount of State funds paid for any project that was not implemented.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01--.09 adopted as an emergency provision effective February 9, 1990 (17:5 Md. R. 634); emergency status expired June 11, 1990; adopted permanently effective June 25, 1990 (17:12 Md. R. 1494)
  • Authority: Chapter 14, Laws of Maryland 1989

15.01.08 Conflicts of Interest Policy for Employees Who Own or Operate a Farm

COMAR 15.01.08.01 Scope.

The Maryland Department of Agriculture's State agriculture programs benefit from the specialized knowledge of employees who own or operate a farm. This chapter explains the Department's policy governing conflicts of interest relating to financial interest and secondary employment for employees who work for the Department and at the same time own or operate a farm that is subject to the Department's regulatory authority.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 428)
  • Authority: Agriculture Article §2-102(e), Annotated Code of Maryland
COMAR 15.01.08.02 Required Employee Disclosure.

An individual who applies for employment, or who is employed by the Department, shall disclose whether that individual or employee owns, has an ownership interest in, or operates a farm.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 428)
  • Authority: Agriculture Article §2-102(e), Annotated Code of Maryland
COMAR 15.01.08.03 Employment Participation Restrictions.

A Department employee may not participate, as a part of that employee's duties, in any of the following matters if that participation in any way affects the employee's farm, or a farm that directly competes for business with the employee's farm operation:

A. Any contract with the Department;

B. Any regulatory or enforcement action;

C. Any Department program that controls, or in any way regulates the employee's farm operation; or

D. Any matter that will have a direct and predictable effect on the employee's financial interest in the employee's farm operation, including such a matter involving:

(1) The employees' spouse, or immediate family;

(2) An outside employer or prospective employer of the employee;

(3) An organization in which the employee serves as an officer, director, or general partner; or

(4) Any person with whom the employee has or seeks a business, contractual, or other financial relationship.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 428)
  • Authority: Agriculture Article §2-102(e), Annotated Code of Maryland
COMAR 15.01.08.04 Ethics Law Restrictions.

A. Any Department employee who owns or operates a farm is subject to all applicable provisions of the Ethics Law.

B. For example, the Ethics Law, in part, prohibits employees from participating in matters in which the employee or a relative has a financial or other interest under State Government Article, §15-501, Annotated Code of Maryland.

C. The Ethics Law contains restrictions on:

(1) Post-employment, under State Government Article, §15-504, Annotated Code of Maryland;

(2) Gifts, under State Government Article, §15-505, Annotated Code of Maryland; and

(3) Procurement, under State Government Article, §15-508, Annotated Code of Maryland.

D. The Ethics Law precludes employees from intentionally using the prestige of their position to benefit themselves or others, under State Government Article, §15-606, Annotated Code of Maryland, and State Government Article, §2-307, Annotated Code of Maryland.

E. The Ethics Law precludes disclosure or use of confidential information acquired by reason of the employee's public position and not yet available to the public:

(1) For personal economic benefit; or

(2) For the economic benefit of another, unless the confidential information is released in the discharge of an official duty, under State Government Article, §15-507, Annotated Code of Maryland.

F. In accordance with State Government Article, §15-601, Annotated Code of Maryland, employees may be subject to financial disclosure provisions and may be required to file annual statements if identified as being required to file under that section.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 428)
  • Authority: Agriculture Article §2-102(e), Annotated Code of Maryland
COMAR 15.01.08.05 Department Responsibilities.

The Department is responsible for:

A. Making each employee aware of the requirements of this chapter;

B. Ensuring that each employee who has an outside farm business acknowledges that the employee has read and agrees to be bound by the requirements of this chapter;

C. Ensuring that each employee subject to this chapter has executed a nonparticipation agreement with the Department that requires the employee to designate a representative to interact with the Department on matters involving the employee's farming business, and directs the employee to acknowledge that the employee may not participate in any way in any decision regarding any complaint or question regarding their farming business;

D. Keeping records for each employee who is subject to the requirements of this chapter; and

E. Monitoring and enforcing employee compliance with the requirements of this chapter.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 428)
  • Authority: Agriculture Article §2-102(e), Annotated Code of Maryland
COMAR 15.01.08.06 Noncompliance.

An employee who violates this chapter is subject to disciplinary action, including termination from State service.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 428)
  • Authority: Agriculture Article §2-102(e), Annotated Code of Maryland
COMAR 15.01.08.07 Reports to the Ethics Commission.

The Department shall provide copies of applicable nonparticipating agreements, and provide annual reports to the State Ethics Commission on the number of employees hired by the Department during any year who own or operate a farm that is subject to the Department's regulatory authority.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 428)
  • Authority: Agriculture Article §2-102(e), Annotated Code of Maryland
COMAR 15.01.08.08 Report to the General Assembly.

On or before December 31, 2010, the Maryland Department of Agriculture and the State Ethics Commission shall jointly prepare and submit a report to the General Assembly, in accordance with State Government Article, §2-1246, Annotated Code of Maryland that includes:

A. The number of employees hired by the Department, on or after October 1, 2007, who own or operate a farm;

B. The positions for which the employees identified in this regulation were hired; and

C. Information on how the Department addressed any conflict of interest or potential conflict of interest in hiring the employees identified in this regulation.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 428)
  • Authority: Agriculture Article §2-102(e), Annotated Code of Maryland

15.01.09 Advertising Agricultural Products as Local or Locally Grown

COMAR 15.01.09.01 Purpose.

A. The purpose of this chapter is to require a person who advertises a particular agricultural product as local or locally grown to disclose certain information about the particular product. It applies to any person who, in advertising a particular agricultural product for sale in this State, represents the particular product to be local or locally grown, including, but not limited to, wholesalers, retail stores, farmers markets, and restaurants.

B. The purpose of the disclosure is to allow a consumer to make his or her own determination as to whether an agricultural product advertised as local conforms to the consumer’s own definition of local or locally grown.

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Authority: Agriculture Article §10-1701, Annotated Code of Maryland
COMAR 15.01.09.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Advertise” means to publish, circulate, disseminate, or place before the public in any way or through any medium.

(2) “Agricultural product” means raw meat, eggs, fish, fruits, vegetables, shellfish, and processed dairy products, intended for human consumption..

(3) “Person” includes an individual, association, partnership, corporation, or any other business entity, or an agent or employee of an individual or entity.

(4) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Authority: Agriculture Article §10-1701, Annotated Code of Maryland
COMAR 15.01.09.03 Prohibition and Disclosure Statement.

A person may not advertise a particular agricultural product for sale as local or locally grown, or use any term that may lead a consumer to believe that the product is local or locally grown, including the term “regional”, unless the advertisement includes a disclosure of the place of origin, naming the state where the product was originally grown or raised, or in the case of fish or shellfish, the state where the product was raised or landed.

Cross References

15.01.09.04A

15.01.09.04B

15.01.09.04C

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Authority: Agriculture Article §10-1701, Annotated Code of Maryland
COMAR 15.01.09.04 Posting of Disclosure Statement.

A. A person who is subject to the requirements of this chapter shall post in a clear and conspicuous manner the disclosure statement required by Regulation .03 of this chapter so that it can be seen easily by the consumer before the consumer buys or consumes the product about which the disclosure is made.

B. A person subject to this chapter shall post the disclosure statement required by Regulation .03 of this chapter with or immediately adjacent to any advertisement representing that the product is local or locally grown.

C. If products sourced from different states of origin are intermingled for sale under a single advertisement, a person subject to this chapter shall post the disclosure statement required by Regulation .03 of this chapter for each state from which the intermingled products originated.

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Authority: Agriculture Article §10-1701, Annotated Code of Maryland
COMAR 15.01.09.05 Documentation Requirement.

Upon request by the Secretary, a person subject to the requirements of this chapter shall provide the Secretary with documentation that shows the state of origin for any agricultural product advertised for sale as local or locally grown.

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Authority: Agriculture Article §10-1701, Annotated Code of Maryland
COMAR 15.01.09.06 Penalty.

A person who knowingly violates this chapter is guilty of a misdemeanor and is subject to a penalty provided in Agriculture Article, Title 12, Annotated Code of Maryland.

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Authority: Agriculture Article §10-1701, Annotated Code of Maryland

15.01.10 Spay/Neuter Grant Program

COMAR 15.01.10.01 Purpose.

This chapter explains the requirements of the Spay/Neuter Grant Program. The purpose of this program, administered by the Maryland Department of Agriculture, is to reduce animal shelter overpopulation and cat and dog euthanasia rates by financing grants to local governments and animal welfare organizations for programs that most efficiently and effectively facilitate and promote spay and neuter services for cats and dogs.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland
COMAR 15.01.10.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Animal welfare organization” means a not-for-profit organization established to promote animal welfare that has received tax exempt status under 501(c)(3) of the U.S. Internal Revenue Code and is registered to do business in Maryland.

(2) “Department” means Maryland Department of Agriculture.

(3) “Fund” means the Spay/Neuter Fund.

(4) “Project” means an action plan that the applicant agrees to follow for spay and neuter services for cats and dogs.

(5) “Spay/Neuter Advisory Board” means the Spay/Neuter Advisory Board of the Department.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland
COMAR 15.01.10.03 Who May Apply for Grants.

Only the following may apply for a grant under this chapter:

A. A municipal or county government; or

B. An animal welfare organization.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland
COMAR 15.01.10.04 Grant Application Contents.

A qualified applicant who applies for a grant shall apply on a departmental form that includes, among other things, the following:

A. The project title;

B. The applicant’s name and contact information;

C. The qualifications of the applicant and the personnel who will work on the project, including veterinary services, if applicable;

D. The amount of the grant requested; and

E. A project description, which shall include:

(1) The project’s objectives and expected outcomes;

(2) A work plan and budget summary of the proposed project;

(3) How the project meets the purposes of the Fund and the requirements of the grant; and

(4) Any additional information required by the Department.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland
COMAR 15.01.10.05 Application Review and Approval.

A. The Department shall solicit one or more times annually, depending on available funding, competitive grant proposals to facilitate the delivery of spay and neuter services. It is the Department’s intent to select the best proposals that most efficiently and effectively facilitate and promote the provision of those services and target low-income communities and populations to the maximum extent possible.

B. The Department shall provide guidelines and detailed instructions for submitting a proposal for the Department’s consideration.

C. The Department shall rank applications based on the following:

(1) The Department shall rank eligible applications and select for funding those that most effectively and efficiently achieve the purpose of the Fund; and

(2) In determining which projects to fund, the Department will consider:

(a) How low-income communities and populations are targeted and how the goal of reaching those communities and populations will be accomplished;

(b) How well the project proposal identifies and assesses the need for additional spay and neuter services in the targeted community or population, and how effectively and efficiently the project will meet that need;

(c) Whether a proposal targeting feral cat populations violates local law;

(d) How the project proposal identifies and meets the need to promote spay/neuter services to the targeted population or community through education and outreach;

(e) The extent to which the project increases the number of spay/neuter procedures in Maryland and impacts animal shelter over-population and cat and dog euthanasia rates;

(f) The expected project results relative to the amount of funds requested;

(g) The qualifications and experience of the applicant and the individuals who will be responsible for implementing the project; and

(h) The recommendations of the Spay Neuter Advisory Board.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland
COMAR 15.01.10.06 Grant Agreement.

Upon approval of a grant application by the Department, the applicant on a Departmental form, shall execute a grant agreement that, among other things, requires the applicant to:

A. Establish and operate the project according to the project description;

B. Maintain and provide records and reports as required to the Department; and

C. Use grant funds for only those activities provided in the approved project application.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland
COMAR 15.01.10.07 Distribution of Grant.

The Department shall distribute grants, unless otherwise provided in the grant agreement, as follows:

A. 50 percent of the grant will be disbursed after receipt of an executed grant agreement and after receipt of any required documentation; and

B. The remaining 50 percent of the grant will be disbursed after receipt of the 2nd quarter report that is due 180 days after the grant cycle begins.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland
COMAR 15.01.10.08 Project Monitoring and Reporting.

A. The recipient of a spay/neuter grant shall:

(1) Keep and maintain complete and accurate records of all activities connected with the grant;

(2) Report relevant information to the Department on how the grant was used to date, including data on the number and type of spay or neuter procedures performed, and such other information as requested by the Department;

(3) Submit a final report, to the Department, both narrative and financial, within 30 days after the conclusion of the grant cycle, or upon completion of the project, whichever comes first. The final report shall be in a form as required by the Department, and shall include:

(a) Data on the number of spay and neuter procedures performed under the grant;

(b) A description of any public education and outreach efforts implemented;

(c) An evaluation of the degree to which the project’s objectives and expected outcomes were met;

(d) A detailed accounting of the disbursement of all funds; and

(e) Any other information required by the Department; and

(4) Notify the Department in writing immediately of any significant change to the grant application or any funded grant activity.

B. Failure to report as required by this regulation may jeopardize future grants to the grant recipient, and may result in the grant recipient being required to repay current grant funds.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland
COMAR 15.01.10.09 Penalties.

If the Department determines that the grant recipient has violated the grant agreement or that grant funds have not been used for their intended purpose as provided in the grant agreement, the Department may:

A. Discontinue any future grant payments;

B. Require the grant recipient to repay immediately to the Department the full amount of the grant, or a portion of the grant; and

C. Deny any future grant eligibility to the grant recipient.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland
COMAR 15.01.10.10 Spay/Neuter Fund.

A. Any person who registers a commercial feed under Agriculture Article, §6-107, Annotated Code of Maryland, that is prepared and distributed for consumption by a cat or dog shall:

(1) Pay to the Department for use in the spay/neuter fund, the following fees for each registered brand or product:

(a) From October 1, 2013, through September 30, 2014, inclusive — $50;

(b) From October 1, 2014, through September 30, 2015, inclusive — $75; and

(c) After September 30, 2015 — $100; and

(2) Declare on each application for registration that the product is prepared and distributed for consumption by a cat or dog.

B. Any person who fails to pay any fees required by this regulation is subject to the standards, policies, and procedures for the collection of claims of the State pursuant to COMAR 17.01.01.

History

  • Administrative History: Effective date: June 23, 2014 (41:12 Md. R. 668)
  • Authority: Agriculture Article §§2-1602 and 2-1605, Annotated Code of Maryland

15.01.11 Animal Shelters — Minimum Standards of Care

COMAR 15.01.11.01 Purpose.

The purpose of this chapter is to set forth minimum standards of care for the following animal shelters that keep dogs and cats:

A. A shelter that is owned by a county or municipality;

B. A shelter that a county or municipality contracts with for animal control services; or

C. A shelter that has received a grant from the Maryland Spay and Neuter Grants Program during the previous year.

History

  • Administrative History: Effective date: April 23, 2018 (45:8 Md. R. 422)
  • Authority: Agriculture Article §2-1701 at seq., Annotated Code of Maryland
COMAR 15.01.11.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Animal” means a dog or a cat that is kept temporarily or permanently at an animal shelter.

(2) “Animal enrichment” means providing an animal with social contact, mental stimulation, physical activity and other activities that allow the animal to demonstrate species typical behavior and enhanced well-being.

(3) “Animal shelter” or “shelter” means a physical structure that provides temporary or permanent housing for animals and is owned by a local government, or by an organization that counties or municipalities contract with for animal control services, or by an organization that shelters animals and received a grant from the Maryland Spay and Neuter Grants Program during the previous year.

(4) “Department” means Maryland Department of Agriculture.

(5) “Drop box” means an unattended receptacle where live animals can be placed by the public for later shelter intake.

(6) “Fully clean” means to disinfect an area or an item with chemical agents that kill harmful micro-organisms.

(7) “Primary animal enclosure” means any structure used consistently to restrict an animal to a limited amount of space, such as a room, pen, crate, cage, kennel, or compartment.

(8) “Responsible individual” means the shelter’s responsible individual as defined by COMAR 15.14.04.06.

(9) “Run” or “dog run” means a dedicated area, either indoors or outdoors, that is enclosed by a fence or gate, where dogs may move about untethered and unleashed.

(10) “Spot clean” means to clean only a stain or spot and generally involves using mild cleaning agents, such as soaps and detergents.

(11) “Transport carrier” means a portable enclosure designed to temporarily contain an animal that is being transported from one location to another.

(12) “Veterinarian” means a veterinarian who is licensed, registered and in good standing with the Maryland State Board of Veterinary Medical Examiners.

History

  • Administrative History: Effective date: April 23, 2018 (45:8 Md. R. 422)
  • Authority: Agriculture Article §2-1701 at seq., Annotated Code of Maryland
COMAR 15.01.11.03 Animal Shelter Buildings.

The responsible individual shall ensure that the shelter is a safe, structurally sound, and sanitary building that meets the following standards:

A. A shelter may not have any structural defects that could cause injury to animals or staff members handling animals;

B. Surfaces in animal areas, such as floors, junctions, walls, doors, shall be made of nonporous material that can easily be disinfected;

C. Ceilings shall be kept in good condition without leaks;

D. All areas where animals are present shall have adequate ventilation and be kept between 60—80 degrees F;

E. By July 1, 2019, all rooms where animals are housed shall have a fire alarm system that will alert authorities of fire or heavy smoke;

F. A shelter shall have written policies and protocols in place to maintain adequate capacity to prevent and eliminate overcrowding; and

G. Upon request, a shelter shall allow the Department to inspect the premises for compliance with this chapter.

History

  • Administrative History: Effective date: April 23, 2018 (45:8 Md. R. 422)
  • Authority: Agriculture Article §2-1701 at seq., Annotated Code of Maryland
COMAR 15.01.11.04 Primary Animal Enclosures.

A. The responsible individual shall ensure that any primary animal enclosure is structurally sound and maintained in a safe, working condition at all times; and that it enables animals to remain dry, clean, and shielded from extreme temperatures and weather conditions.

B. A primary animal enclosure shall meet the following standards:

(1) A primary animal enclosure shall provide sufficient space to allow each animal, regardless of size, to:

(a) Hold their tails erect and their heads high when in a normal standing position;

(b) Turn freely and easily stand, sit, stretch, and move their head, without touching the top of the enclosure;

(c) Lie in a resting position with limbs extended; and

(d) Move about and assume a comfortable posture for feeding, drinking, urinating, or defecating;

(2) Food, water bowls, and any other items in the primary animal enclosure may not impede the animal’s ability to stretch out;

(3) A primary enclosure shall allow any animal to sit, sleep, and eat away from areas of its enclosure where it may defecate or urinate;

(4) Latches or other closing devices on a primary animal enclosure shall be secure enough to keep the animal in the enclosure, keep other animals out of the enclosure, and prevent injury, while allowing personnel to easily open the enclosure from the outside and, where applicable, from inside the enclosure;

(5) A primary enclosure, temporary enclosure, and transport carriers that compromise the safety of animals or that have been identified as needing repair are prohibited from being used for permanent or temporary animal housing;

(6) Transport carriers may not be used as a primary enclosure;

(7) All animals housed in outdoor areas, or allowed exercise time in outdoor areas, shall be provided with appropriate shelter from the elements; and

(8) Drop boxes are prohibited except under the following conditions:

(a) Each drop box shall have automatic locking doors that allow only one animal drop-off to be made at each box;

(b) Bedding and shelter from the weather shall be provided in each drop box, and bedding shall be fully cleaned before and after every use;

(c) Fresh food and water shall be provided in each drop box every night, and food bowls and water bowls must be fully cleaned before and after every use;

(d) Security cameras shall be installed and periodically monitored by staff;

(e) The shelter shall have written protocols in place to ensure that dropped off animals that appear to need medical treatment are examined by a veterinarian immediately; and

(f) An animal may not remain in a drop box for more than 12 hours.

History

  • Administrative History: Effective date: April 23, 2018 (45:8 Md. R. 422)
  • Authority: Agriculture Article §2-1701 at seq., Annotated Code of Maryland
COMAR 15.01.11.05 Sanitation Practices.

The responsible individual shall ensure that the shelter building, primary animal enclosures, and all other areas where animals are kept are sanitary and regularly cleaned to reduce disease transmission among animals, protect public human health, increase animal comfort, and meet the following standards:

A. All primary animal enclosures, food bowls, and water bowls shall be fully cleaned before a new animal is placed in enclosures;

B. All animal bedding shall be fully cleaned before being used by a new animal and subsequently fully cleaned, as often as necessary;

C. All cages, food bowls, and water bowls shall be spot-cleaned daily and fully cleaned as necessary;

D. All floors, junctions, walls, doors, and drains shall be immediately sanitized and fully cleaned after coming into contact with feces, urine, vomit, or an animal known or suspected of having an infectious disease;

E. Only cleaners that are safe for animals shall be used to clean primary enclosures, transport carriers, exercise areas, or any area of the shelter where animals are present or likely to be present;

F. All chemicals shall be removed from the enclosure prior to placing an animal in the enclosure;

G. No animal or animal’s drinking water or water bowl shall be left in an enclosure while cleaning chemicals are being used;

H. The shelter building and runs shall be kept reasonably free of flies, fleas, mosquitoes, rats, mice, and other vectors or nuisance species;

I. All trash cans in areas of a shelter where animals are located shall have lids; and

J. Relevant shelter staff shall be trained in the shelters’ sanitation protocols, and a written record of that training shall be kept on-site and available for inspection.

History

  • Administrative History: Effective date: April 23, 2018 (45:8 Md. R. 422)
  • Authority: Agriculture Article §2-1701 at seq., Annotated Code of Maryland
COMAR 15.01.11.06 Medical Standards.

The responsible individual shall ensure that all animals are monitored, assessed, examined, and treated for medical conditions in a timely manner as follows:

A. A veterinarian shall supervise the medical care and medical treatment of all animals in an animal shelter;

B. Any surgeries shall be performed in accordance with the Maryland Veterinary Practice Act and in a facility currently licensed and registered by the State Board of Veterinary Medical Examiners;

C. Animal shelter staff shall observe animals daily for signs of illness or injury, and obtain treatment, as appropriate;

D. Clean water shall be provided to all animals at all times unless otherwise directed by a veterinarian;

E. All animals with parasites shall be treated immediately unless otherwise directed by a veterinarian;

F. Any animal appearing to be experiencing pain, suffering distress, rapidly deteriorating health, life-threatening problems, or suspected zoonotic disease shall be assessed by a veterinarian as soon as possible or euthanized to prevent further distress or suffering;

G. Any animal with a suspected zoonotic disease that does not appear to be experiencing pain, distress, or deteriorating health, but that poses a threat to human health and safety, shall be isolated by the shelter to limit exposure to other animals and people, and shall be assessed by a veterinarian immediately or as soon as possible;

H. Any animal that is observed to be experiencing mental suffering, distress, or behavioral deterioration shall be assessed and appropriately treated by a veterinarian in a timely manner or humanely euthanized by the shelter;

I. Animals that can be handled safely shall be provided with animal enrichment activities, whenever possible; and

J. Animal food that is more than 6 months past the “sell by” date shall not be provided to an animal.

History

  • Administrative History: Effective date: April 23, 2018 (45:8 Md. R. 422)
  • Authority: Agriculture Article §2-1701 at seq., Annotated Code of Maryland
COMAR 15.01.11.07 Equipment.

A. The responsible individual shall ensure that anyone working with animals, including a volunteer, has the equipment necessary to handle all situations in a safe and humane manner, including the following:

(1) Adequate ear protection, gloves, and other safety equipment to all staff members who handle animals or clean cages; and

(2) Equipment that allows staff to restrain animals as humanely as possible while ensuring the safety of both the animal and the handler.

B. Scanners and Microchip Readers. All animals shall be scanned within 24 hours of arrival at the shelter for microchips unless it is unsafe to do so. Scans shall also be performed prior to surgery, adoption, release to an owner, release to a rescue, and euthanasia.

History

  • Administrative History: Effective date: April 23, 2018 (45:8 Md. R. 422)
  • Authority: Agriculture Article §2-1701 at seq., Annotated Code of Maryland
COMAR 15.01.11.08 Record Keeping.

A. The responsible individual shall ensure that records are kept for each animal entering the shelter. Information shall include:

(1) The animal’s species and unique identification number;

(2) The estimated age of the animal;

(3) Date of entry into the shelter;

(4) Date and explanation of all treatments and medical procedures; and

(5) Final disposition (date and type).

B. All shelters shall have active adoption programs with written protocols available for inspection, as defined in Agriculture Article, §2-1704, Annotated Code of Maryland.

History

  • Administrative History: Effective date: April 23, 2018 (45:8 Md. R. 422)
  • Authority: Agriculture Article §2-1701 at seq., Annotated Code of Maryland
COMAR 15.01.11.09 Civil Penalty.

A. The Department may impose a civil penalty on a shelter that violates the requirements of this chapter or Agriculture Article, §2-1704, Annotated Code of Maryland, which requires shelters to adopt a written protocol for reclaiming animals, up to $500 for each violation.

B. Before imposing any civil penalty under this chapter, the Department shall consider the following:

(1) The nature and gravity of each violation;

(2) The willfulness of the violation and the extent to which the existence of the violation was known to the shelter but uncorrected by the shelter; and

(3) A history of prior violations, if any.

C. The Department shall issue a written notice of violation to the shelter owner upon finding that a violation has occurred or is ongoing. The written notice of violation shall include:

(1) A statement of the regulation violated by the shelter;

(2) A description of the evidence of a violation;

(3) A statement informing the shelter of the right to an informal meeting with the Department;

(4) The amount of the proposed civil penalty;

(5) A statement of the remedial action necessary to bring the shelter into compliance; and

(6) A reasonable amount of time, as determined by the Department, to correct a violation.

D. A shelter may petition the Department for a contested case hearing on a violation and penalty within 30 calendar days of the issuance of the notice of violation by the Department.

E. Unless a shelter requests a contested case hearing, the shelter shall promptly pay the penalty. Payment of a penalty is not a substitute for compliance. If the shelter continues to violate this chapter, the Department may impose additional civil penalties.

History

  • Administrative History: Effective date: April 23, 2018 (45:8 Md. R. 422)
  • Authority: Agriculture Article §2-1701 at seq., Annotated Code of Maryland

15.01.12 Food Donation Program

COMAR 15.01.12.01 Purpose.

In cooperation with the Comptroller, this chapter explains the Secretary of Agriculture’s Food Donation Program, which provides a tax credit against the State income tax for eligible food donations made by a farm located in Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an Emergency provision effective September 8, 2017 (44:20 Md. R. 944); emergency status expired effective January 3, 2018
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 adopted effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .01 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .02B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .03 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .04A, B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .04B amended effective November 13, 2023 (50:22 Md. R. 978)
  • Authority: Tax-General Article, §10-745, Annotated Code of Maryland
COMAR 15.01.12.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Certified organic produce” means an eligible food donation that is certified under Title 10, Subtitle 14 of the Agriculture Article as an organically produced commodity.

(2) “Eligible food donation” means fresh farm products for human consumption.

(3) “Qualified farm” means a farm business that is located in Maryland.

(4) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

(5) “Tax Credit Certificate Administrator” or “TCCA” means a person or an organization that is authorized under this chapter to receive eligible food donations.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an Emergency provision effective September 8, 2017 (44:20 Md. R. 944); emergency status expired effective January 3, 2018
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 adopted effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .01 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .02B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .03 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .04A, B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .04B amended effective November 13, 2023 (50:22 Md. R. 978)
  • Authority: Tax-General Article, §10-745, Annotated Code of Maryland
COMAR 15.01.12.03 Income Tax Credit Limitations.

A. Subject to the limitations of this chapter, a qualified farm may claim a credit against State income tax for an eligible food donation in the amount stated on any tax credit certificate issued to a qualified farm by a qualified tax credit certificate administrator (TCCA).

B. The amount of tax credit claimed by a qualified farm is controlled by Tax-General Article, §10-745, Annotated Code of Maryland.

C. Unless increased by the Secretary, the aggregate amount of credits for any taxable year for a qualified farm may not exceed $5,000.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an Emergency provision effective September 8, 2017 (44:20 Md. R. 944); emergency status expired effective January 3, 2018
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 adopted effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .01 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .02B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .03 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .04A, B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .04B amended effective November 13, 2023 (50:22 Md. R. 978)
  • Authority: Tax-General Article, §10-745, Annotated Code of Maryland
COMAR 15.01.12.04 Tax Credit Certificate Administrator.

A. General Requirements.

(1) Unless certified by the Secretary, a person or organization may not act as a TCCA. A certified TCCA shall agree in writing with the Secretary to comply with requirements of this chapter.

(2) A TCCA certified by the Secretary that receives an eligible food donation from a qualified farm shall issue the qualified farm a tax credit certificate (the Secretary, in consultation with the Comptroller, is required to prepare tax certificate forms) that provides the following information:

(a) The date of donation;

(b) The identity of the qualified farm;

(c) The type of donation;

(d) The weight of the donation;

(e) The value of the donation;

(f) The maximum amount of the tax credit for which the qualified farm is eligible; and

(g) Any other information the State Department of Agriculture or Comptroller requires.

(3) Within 30 calendar days after issuing a tax credit certificate, the certified TCCA shall provide a copy of the tax credit certificate to the Secretary and the Comptroller.

(4) When notified by the Secretary, the TCCA shall stop issuing tax credit certificates as required by Tax-General Article, §10-745(e)(6)(i)1, Annotated Code of Maryland.

(5) Procedures for Issuing a Fiscal Year's Remaining Tax Credit Certificates.

(a) After the Secretary notifies each TCCA to stop issuing tax credit certificates when the total amount of the tax credit certificates issued during the fiscal year equals or exceeds $50,000, the Secretary may authorize the issuance of any remaining credits as provided in this regulation.

(b) Within 20 days from receipt of the Secretary's notification, a TCCA may request written permission from the Secretary to issue additional tax credit certificates during the current fiscal year, specifying the dollar amount in additional tax credits it seeks to issue and the basis for that request (e.g., to support its request, the TCCA may be requested by MDA to provide information indicating the amount of food donations by type that it has received and is likely to receive from qualified farms during the current fiscal year, and other such records showing that its request is reasonable).

(c) The Secretary shall review each timely request from a TCCA in conjunction with other timely requests and assess whether the basis for the request is reasonable.

(d) If the total dollar amount of the requests received from all TCCAs does not exceed $50,000, the Secretary may permit each TCCA to issue tax credits up to the amount specified in its request and will notify each TCCA of its determination in writing.

(e) If the total dollar amount of the requests received from all TCCAs exceeds $50,000, the Secretary shall strive to distribute the additional tax credits to each TCCA for food donations from qualified farms in a fair and equitable manner.

(f) If a TCCA recognizes that it will be unable to issue the tax credits that the Secretary has authorized under either §A(5)(d) or (e) of this regulation, it shall immediately notify the Secretary who will strive to distribute these certificates in a fair and equitable manner to those TCCAs still in need of additional tax credits.

B. Tax Credit Value. The TCCA shall determine the value of the tax credit as follows:

(1) A qualified farm that makes eligible food donations is eligible for a tax credit certificate with a stated tax credit amount equal to 100 percent of the value of eligible food donation.

(2) A qualified farm that makes a donation of certified organic produce is eligible for a tax credit certificate with a stated tax credit amount equal to 100 percent of the value of the donated certified organic produce.

(3) The TCCA shall determine the value of any eligible food donations based on the Secretary's weekly published categories and values of certified organic produce and food donations as required by Tax-General Article, §10-745(d), Annotated Code of Maryland.

C. Record Requirement.

(1) The TCCA shall maintain any records relating to the issuance of any tax credit certificate to any qualified farm.

(2) Any record shall be maintained for 3 years and shall be available to the Secretary or the Comptroller upon request.

D. Conflicts of Interest. A TCCA may not issue a tax credit certificate to any person who owns or operates a qualified farm if the TCCA has a business interest or is a family member of the owner or operator in the farm.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an Emergency provision effective September 8, 2017 (44:20 Md. R. 944); emergency status expired effective January 3, 2018
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 adopted effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .01 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .02B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .03 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .04A, B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .04B amended effective November 13, 2023 (50:22 Md. R. 978)
  • Authority: Tax-General Article, §10-745, Annotated Code of Maryland
COMAR 15.01.12.05 Certification of Tax Credit Certificate Administrator.

An applicant who applies to serve as a Tax Credit Certificate Administrator shall apply to the Secretary on a departmental form and shall have the following qualifications:

A. Be a 501c3 nonprofit;

B. Have record-keeping capabilities (information systems) that include the date of the donation, farm name/farmer, type of fresh farm product, and volume in pounds of produce received;

C. Be certified in and comply with safe food handling practices and have been reviewed by an outside organization (i.e. health inspector, AIB certified);

D. Possess a scale certified by the Maryland Department of Agriculture that is calibrated on a quarterly basis;

E. Follow food safety regulations regarding storage and inventory; and

F. Have an established partner network for quick food distribution or distribute directly to clients.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an Emergency provision effective September 8, 2017 (44:20 Md. R. 944); emergency status expired effective January 3, 2018
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 adopted effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .01 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .02B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .03 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .04A, B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .04B amended effective November 13, 2023 (50:22 Md. R. 978)
  • Authority: Tax-General Article, §10-745, Annotated Code of Maryland
COMAR 15.01.12.06 Application Review and Approval.

A. The Secretary shall review each application and certify the most qualified applicants who will best promote the objectives of the Food Donation Pilot Program as described in this chapter.

B. Upon approval of an application for certification, the certified applicant shall execute an agreement with the Secretary that describes the duties and responsibilities of a person or organization acting as a Tax Credit Certificate Administrator.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an Emergency provision effective September 8, 2017 (44:20 Md. R. 944); emergency status expired effective January 3, 2018
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 adopted effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .01 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .02B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .03 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .04A, B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .04B amended effective November 13, 2023 (50:22 Md. R. 978)
  • Authority: Tax-General Article, §10-745, Annotated Code of Maryland
COMAR 15.01.12.07 Penalty.

Upon notice and an opportunity to be heard, for any violation of this chapter, the Secretary may revoke or suspend the authority of any TCCA to issue a tax credit certificate for any qualified farm.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an Emergency provision effective September 8, 2017 (44:20 Md. R. 944); emergency status expired effective January 3, 2018
  • Administrative History: ——————
  • Administrative History: Regulations .01—.07 adopted effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .01 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .02B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .03 amended effective April 6, 2020 (47:7 Md. R. 384); November 13, 2023 (50:22 Md. R. 978)
  • Administrative History: Regulation .04A, B amended effective April 6, 2020 (47:7 Md. R. 384)
  • Administrative History: Regulation .04B amended effective November 13, 2023 (50:22 Md. R. 978)
  • Authority: Tax-General Article, §10-745, Annotated Code of Maryland

15.01.13 Supervision and Review of Decisions and Actions of Units Within the Department

COMAR 15.01.13.01 Purpose.

A. This chapter is adopted in response to the U.S. Supreme Court’s decision in North Carolina Board of Dental Examiners v. Federal Trade Commission.

B. The purpose of this chapter is to provide for active supervision of certain units within the Department to:

(1) Prevent unreasonable anticompetitive actions; and

(2) Ensure that anticompetitive actions are consistent with affirmatively expressed and clearly articulated State policies to displace competition.

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 579)
  • Authority: State Government Article, §8-205.1, Annotated Code of Maryland
COMAR 15.01.13.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Department” means Maryland Department of Agriculture.

(2) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

(3) “Secretary’s designee” means the Assistant Secretary who is responsible for actively supervising a unit’s operation.

(4) “Unit” means a regulatory board or commission composed in whole or in part of individuals participating in the occupation or profession regulated by that board or commission.

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 579)
  • Authority: State Government Article, §8-205.1, Annotated Code of Maryland
COMAR 15.01.13.03 Secretary’s Supervision Responsibilities.

A. The Secretary is responsible for supervising each unit within the Department that is composed in whole or in part of individuals participating in the occupation or profession regulated by the unit to:

(1) Prevent unreasonable anticompetitive actions by the unit; and

(2) Determine whether the decisions and actions of the unit with anticompetitive effect further an affirmatively expressed and clearly articulated State policy to displace competition in the unit’s regulated market (as opposed to serving the private interests of the market participant regulators).

B. For purposes of the Secretary’s responsibilities under this chapter, the following types of decisions and actions of a unit generally are not unreasonable anticompetitive actions by the unit:

(1) Ministerial or nondiscretionary acts undertaken in good faith implementation of the unit’s enabling legislation;

(2) An investigation, charge, or disposition of a disciplinary charge against a single individual subject to the regulatory authority of a unit involving an issue such as standard of care; and

(3) The initiation and prosecution of a lawsuit by a regulatory board unless it falls within the “sham exception.” Professional Real Estate Investors v. Columbia Pictures Industries, 508 U.S. 49 (1993); California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508 (1972).

C. For purposes of the Secretary’s responsibilities under this chapter, the types of decisions and actions for which anticompetitive consequences should be evaluated, include, but are not limited to:

(1) Decisions or actions governing the scope of a licensed individual’s practice;

(2) Requirements for granting a license;

(3) Pricing regulations;

(4) Restrictions on advertising or soliciting customers;

(5) Territorial allocations;

(6) Restrictions on market participation or actions against nonlicensees;

(7) Restrictions on competitive bidding; and

(8) Patterns of disciplinary action by a unit against similarly situated licensees.

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 579)
  • Authority: State Government Article, §8-205.1, Annotated Code of Maryland
COMAR 15.01.13.04 Secretary’s Designee Responsibilities.

A. Each Assistant Secretary at the Department is designated as responsible for supervising each unit in the Assistant Secretary’s section that is composed in whole or in part of individuals participating in the occupation or profession regulated by the unit to:

(1) Prevent unreasonable anticompetitive actions by the unit; and

(2) Determine whether an anticompetitive decision or action of the unit furthers a clearly articulated State policy to displace competition in the unit’s regulated market.

B. Each Assistant Secretary is responsible for keeping fully informed of all proposed anticompetitive actions and decisions of any unit subject to this chapter by consulting with both the unit’s Executive Director and legal advisor from the Office of the Attorney General.

C. If the Secretary or the Secretary’s designee finds that a proposed decision or action of the unit with anticompetitive effect may result in an unreasonable restraint on competition or may not further a clearly articulated State policy to displace competition in the regulated marketplace, the Secretary or the Secretary’s designee shall:

(1) Immediately notify the unit not to make a final decision or take the proposed action;

(2) Review the evidentiary record created by the unit, and, if necessary, supplement the evidentiary record of the unit;

(3) Conduct a substantive review of the merits of the unit’s proposed decision or action to consider the anticompetitive consequences of the proposed decision or action as well as any State policy advanced;

(4) Assess whether the unit’s proposed decision or action furthers a clearly articulated State policy to displace competition in the regulated market; and

(5) Issue expeditiously a written decision approving, disapproving, or modifying the proposed decision or action or remanding the proposed decision or action back to the unit for further review before:

(a) A final decision is issued; or

(b) The proposed action is implemented.

(6) A written decision approving an anticompetitive decision or action of a unit shall identify any clearly articulated and affirmatively expressed State policy to displace competition in the regulated market advanced by the proposed decision or action and explain why the decision or action should be approved, notwithstanding the anticompetitive effect.

(7) A written statement disapproving an anticompetitive decision or action shall explain the reasons supporting the decision not to approve the proposed decision or action.

D. The Secretary or the Secretary’s designee may not approve an anticompetitive decision or action of a unit that does not further a clearly articulated State policy to displace competition in the regulated market.

Cross References

15.01.13.05A

15.01.13.05B

15.01.13.05C

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 579)
  • Authority: State Government Article, §8-205.1, Annotated Code of Maryland
COMAR 15.01.13.05 Unit’s Responsibilities.

A. Upon notice to the unit by the Secretary or the Secretary’s designee as provided in Regulation .04C of this chapter, a unit may not make any decision or take any action on any proposal.

B. A decision or action of a unit may not constitute a final decision or action of the unit until after the Secretary or the Secretary’s designee has conducted the review required under Regulation .04C of this chapter.

C. The final decision or action of a unit shall comply with the written decision of the Secretary or the Secretary’s designee issued in accordance with Regulation .04C of this chapter.

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 579)
  • Authority: State Government Article, §8-205.1, Annotated Code of Maryland

15.01.14 Seafood Marketing

COMAR 15.01.14.01 True Blue Marketing Program.

A. Definition.

(1) In this chapter, the following term has the meaning indicated.

(2) Term Defined. “True Blue” means a certification from the Department verifying that a food service establishment is selling blue crab product harvested or processed in Maryland.

B. Application. Any food service establishment selling blue crab product harvested or processed in Maryland may apply to the Department to receive a True Blue certification by submitting the appropriate forms provided by the Department.

C. Approval. Any approved food service establishment may market or advertise blue crab product that is harvested or processed in Maryland as True Blue certified.

D. Validation. Any participating food service establishment shall provide any required documentation to the Department to show proof of the source of blue crab product.

E. Penalties. A food service establishment that violates the terms of the program may have its certification revoked.

History

  • Administrative History: Transferred from Department of Natural Resources, COMAR 08.02.24
  • Administrative History: ——————
  • Administrative History: Effective date: July 1, 2017
  • Authority: Agriculture Article, §10-1002, Annotated Code of Maryland

15.01.15 Use of Antimicrobial Drugs

COMAR 15.01.15.01 Purpose.

The purpose of this chapter is to describe the restrictions on the use of medically important antimicrobial drugs in the production of cattle, swine and poultry.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Administrative History: Regulation .02 amended as an emergency provision effective April 12, 2019 (46:9 Md. R. 444); amended permanently effective September 9, 2019 (46:18 Md. R. 775)
  • Administrative History: Regulation .02B amended effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .03E adopted effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .04 amended effective January 14, 2021 (48:1 Md. R. 10)
  • Authority: Agriculture Article, §§3-1001—3-1003, 3-1005, and 3-1006, Annotated Code of Maryland
COMAR 15.01.15.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administered in a regular pattern” means used:

(a) For multiple courses of therapy in the same animal or group of animals; or

(b) As a standard operating procedure, including:

(i) In correspondence with a particular life stage of an animal, such as in ovo, at birth or hatch, or at weaning;

(ii) As an ongoing management strategy or tool, such as in correspondence with a particular age or weight of an animal, time of the week, month, or year, or season; or

(iii) When moving animals from one location to another.

(2) “Animal” means cattle, swine or poultry.

(3) “Dry cycle” means a period of time when a cow is not lactating.

(4) Elevated Risk.

(a) “Elevated risk” means a risk that is significantly higher than that present under normal or standard operating conditions.

(b) “Elevated risk” does not include a risk typically or frequently present under normal or standard operating conditions.

(5) “Prophylaxis” or “Prophylactic” means the prevention of disease or infection in the absence of documented clinical signs of disease or infection.

(6) “Medically important antimicrobial drug” means any drug from a class of drug or a derivative of a class of drug that is either:

(a) Made from a mold or bacterium that kills or slows the growth of other microbes, specifically bacteria, and used in human beings or intended for use in human beings to treat or prevent disease or infection; or

(b) 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.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Administrative History: Regulation .02 amended as an emergency provision effective April 12, 2019 (46:9 Md. R. 444); amended permanently effective September 9, 2019 (46:18 Md. R. 775)
  • Administrative History: Regulation .02B amended effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .03E adopted effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .04 amended effective January 14, 2021 (48:1 Md. R. 10)
  • Authority: Agriculture Article, §§3-1001—3-1003, 3-1005, and 3-1006, Annotated Code of Maryland
COMAR 15.01.15.03 When Permitted.

A. Except as provided in this regulation, a person may administer a medically important antimicrobial drug to cattle, swine, or poultry if, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is necessary:

(1) To treat a disease or infection;

(2) To control the spread of a disease or infection; or

(3) For a surgery or medical procedure.

B. A person may administer a medically important antimicrobial drug to cattle, swine, or poultry if, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is necessary for prophylaxis to address an elevated risk of contraction of a particular disease or infection.

C. Unless administration of a medically important antimicrobial drug is consistent with §A of this regulation, a person may not administer a medically important antimicrobial drug in a regular pattern to cattle, swine, or poultry.

D. A person may not administer a medically important antimicrobial drug to cattle, swine, or poultry solely for the purpose of:

(1) Promoting weight gain; or

(2) Improving feed efficiency.

E. Dry Cow Treatment.

(1) General Rule Requiring Assessment. The administration of a medically important antimicrobial drug to a cow entering a dry cycle is prohibited except when the cow is diagnosed with a bacterial intramammary infection (mastitis).

(2) Methods of Assessing Mastitis in an Individual Cow.

(a) Tests. A person may assess the presence of mastitis in an individual cow through one or more of the following tests:

(i) A positive bacterial culture test;

(ii) A positive California Mastitis Test;

(iii) A somatic cell count for an individual cow greater than 200,000 cells per milliliter in the most recent lactation; and

(iv) Any other assessment method approved by the Secretary generally recognized by the American Association of Bovine Practitioners.

(b) Signs of Mastitis. A person may assess the presence of mastitis in an individual cow using one or more of the following indicators:

(i) Visibly abnormal milk including the presence of clots, blood, or discoloration; or

(ii) Heat, pain, tenderness, or swelling of a gland.

(c) A licensed veterinarian may assess the presence of mastitis in an individual cow through the observation of clinical signs of mastitis.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Administrative History: Regulation .02 amended as an emergency provision effective April 12, 2019 (46:9 Md. R. 444); amended permanently effective September 9, 2019 (46:18 Md. R. 775)
  • Administrative History: Regulation .02B amended effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .03E adopted effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .04 amended effective January 14, 2021 (48:1 Md. R. 10)
  • Authority: Agriculture Article, §§3-1001—3-1003, 3-1005, and 3-1006, Annotated Code of Maryland
COMAR 15.01.15.04 Applicability.

Except as otherwise provided in federal law or regulation, this chapter does not apply to antimicrobial use in:

A. Cattle on a farm operation that sells fewer than 200 cattle per year;

B. Dairy cattle on a farm operation with a herd size of fewer than 300 dairy cattle;

C. Swine on a farm operation that sells fewer than 200 swine per year; or

D. Poultry on a farm operation that sells fewer than 60,000 birds per year.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Administrative History: Regulation .02 amended as an emergency provision effective April 12, 2019 (46:9 Md. R. 444); amended permanently effective September 9, 2019 (46:18 Md. R. 775)
  • Administrative History: Regulation .02B amended effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .03E adopted effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .04 amended effective January 14, 2021 (48:1 Md. R. 10)
  • Authority: Agriculture Article, §§3-1001—3-1003, 3-1005, and 3-1006, Annotated Code of Maryland
COMAR 15.01.15.05 Civil Penalty.

A. The Department may impose a civil penalty on any person who violates the requirements of this chapter up to $2,000 for each violation.

B. Before imposing any civil penalty under this chapter, the Department shall consider the following:

(1) The nature and gravity of each violation;

(2) The willfulness of the violation and the extent to which the existence of the violation was known to the person but uncorrected by the person; and

(3) A history of prior violations, if any.

C. The Department shall issue a written notice of violation to the person subject to this chapter upon finding that a violation has occurred or is ongoing. The written notice of violation shall include:

(1) A statement of the regulation violated by the person;

(2) A description of the evidence of a violation;

(3) A statement informing the person of the right to an informal meeting with the Department;

(4) The amount of the proposed civil penalty;

(5) A statement of the remedial action necessary to bring the person into compliance; and

(6) A reasonable amount of time, as determined by the Department, to correct a violation.

D. A person may petition the Department for a contested case hearing on the violation and penalty within 30 calendar days of the issuance of the notice of violation by the Department.

E. Unless a person requests a contested case hearing, the person shall promptly pay the penalty. Payment of a penalty is not a substitute for compliance. If the person continues to violate this chapter, the Department may impose additional civil penalties.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Administrative History: Regulation .02 amended as an emergency provision effective April 12, 2019 (46:9 Md. R. 444); amended permanently effective September 9, 2019 (46:18 Md. R. 775)
  • Administrative History: Regulation .02B amended effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .03E adopted effective January 14, 2021 (48:1 Md. R. 10)
  • Administrative History: Regulation .04 amended effective January 14, 2021 (48:1 Md. R. 10)
  • Authority: Agriculture Article, §§3-1001—3-1003, 3-1005, and 3-1006, Annotated Code of Maryland

15.01.16 Industrial Hemp Pilot Program

COMAR 15.01.16.01 Purpose.

This chapter establishes the Maryland Department of Agriculture’s Industrial Hemp Pilot Program, including the requirement for the registration and the certification of a site that will be used to grow or cultivate industrial hemp to further agricultural or academic research purposes.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Authority: Agriculture Article, §14-102(i), Annotated Code of Maryland
COMAR 15.01.16.02 Definitions.

A. In this chapter, the following terms have the meanings indicated:

B. Terms Defined.

(1) “Authorized holder” or “holder” means an institution of higher education or a person who has contracted with an institution or the Department to grow or cultivate industrial hemp for agricultural research or academic research purposes as authorized by this chapter.

(2) “Certified site” means any property site certified by and registered with the Department as a site where industrial hemp may be grown or cultivated for agricultural or academic research purposes.

(3) “Department” means Maryland Department of Agriculture.

(4) “Independent testing laboratory” has the meaning stated in Health-General Article, §13-3301, Annotated Code of Maryland.

(5) Industrial Hemp.

(a) “Industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.

(b) “Industrial hemp” does not include any plant or part of a plant intended for a use that is regulated under Health-General Article, Title 13, Subtitle 33, Annotated Code of Maryland.

(6) “Institution of higher education” or “institution” has the meaning stated in the federal Higher Education Act of 1965.

(7) “Person” means an individual, partnership, corporation, limited liability company, association, or any business entity, by whatever name designated and whether or not incorporated, unless the context clearly indicates otherwise.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Authority: Agriculture Article, §14-102(i), Annotated Code of Maryland
COMAR 15.01.16.03 Authorization to Grow and Cultivate Industrial Hemp.

A. Only an institution of higher education within Maryland may submit an application to the Department for authorization to grow, cultivate, harvest, process, manufacture, transport, market or sell industrial hemp for agricultural, industrial, or commercial purposes to further agricultural or academic research purposes.

B. Only a person contracting with the Department or an approved institution of higher education as provided in this regulation may possess, grow, cultivate, harvest, process, manufacture, transport, market, or sell industrial hemp for commercial purposes as part of the Pilot Program to further agricultural or academic research purposes.

C. Industrial hemp may only be grown or cultivated at a registered site or premises owned or controlled by an institution of higher education or by a person who contracts with an institution to grow and cultivate it.

D. A person who contracts with an institution to grow and cultivate industrial hemp shall:

(1) Be at least 18 years old;

(2) Pass a criminal background test with no felony convictions in the past 10 years;

(3) Own or lease, with the approval of the owner, the property used to grow and cultivate hemp;

(4) Have the site registered and approved with the Department before contracting to grow or cultivate hemp;

(5) Grant the Department permission to enter and inspect the property to ensure compliance with the requirements of this chapter.

(6) Only grow hemp on land that is at least 1,000 feet from a school or public recreation area when the hemp is being grown in an outdoor field or an outdoor site;

(7) Post a sign on the certified site that notifies the public that the site is used to grow hemp as part of the Pilot Program; and

(8) Attend an orientation session by the Department, in cooperation with the institution, that explains the requirements of this chapter before contracting to grow or cultivate hemp.

E. It is the sole responsibility of any institution or person qualifying under this chapter to hold any required federal permit to possess, grow, or cultivate industrial hemp.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Authority: Agriculture Article, §14-102(i), Annotated Code of Maryland
COMAR 15.01.16.04 Application Review and Approval.

An application to grow, cultivate, harvest, process, manufacture, transport, market, or sell industrial hemp to further agricultural research or academic research purposes shall be made on a Departmental form. Each application shall provide the following information, including, but not limited to:

A. A description of each site where industrial hemp will be grown or cultivated, either by the institution of higher education or by an authorized person who contracts with the institution by physical address with a map clearly showing the location of the site with GPS coordinates;

B. A diagram for each site that visually depicts the buildings, structures, and improvements on the premises, and identifies their use, and that sets forth the relevant activities conducted at the site;

C. A detailed summary of the issues and matters that the applicant intends to study in conjunction with growing, cultivating, processing, manufacturing, transporting, marketing, or selling industrial hemp; and

D. Payment of a $250 fee to certify and register each site used to grow or cultivate industrial hemp either by the institution or the person who contracts with the institution.

Cross References

15.01.16.05A

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Authority: Agriculture Article, §14-102(i), Annotated Code of Maryland
COMAR 15.01.16.05 Rejection of Application or Revocation of Authority.

The Department may reject any application to grow or cultivate industrial hemp, and may revoke an authorization to grow and cultivate industrial hemp, if the Department determines that:

A. The application is incomplete or does not provide the information required pursuant to Regulation .04 of this chapter; or

B. The authorized holder has failed to comply with the requirements of this chapter or the terms of the holder’s application.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Authority: Agriculture Article, §14-102(i), Annotated Code of Maryland
COMAR 15.01.16.06 Hemp Seeds.

A person or institution that grows or cultivates industrial hemp as authorized by this chapter may purchase or otherwise obtain seeds or a plant or plant part that can be utilized to grow a new plant that produce plants that meet the definition of industrial hemp as provided in this chapter.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Authority: Agriculture Article, §14-102(i), Annotated Code of Maryland
COMAR 15.01.16.07 Hemp Verification and Reports.

A. In accordance with this regulation, a person who grows or cultivates industrial hemp as authorized by this chapter shall:

(1) Verify that the plants grown or cultivated by the person meet the definition of industrial hemp under this chapter;

(2) Maintain all records of verification at the site that is used to grow or cultivate industrial hemp; and

(3) Make all records available for inspection by:

(a) The Department; or

(b) The institution of higher education that contracted with the person under this chapter to grow or cultivate industrial hemp.

B. The verification required under this regulation shall include:

(1) Documentation from an independent testing laboratory registered as defined by this chapter; or

(2) Documentation from the institution of higher education that contracted with the person under this chapter to grow or cultivate industrial hemp.

C. An independent testing laboratory or an institution of higher education that provides verification documentation under this chapter shall conduct on-site inspections to perform the testing necessary for the verification.

D. If it is determined that the industrial hemp exceeds a delta-9-tetrahydrocannabnol concentration that exceeds 0.3 percent on a dry weight basis, it shall be destroyed by the authorized holder within 7 days under the supervision of the institution of higher education.

E. The frequency of the verification required under this subsection shall be determined by:

(1) The Department; or

(2) The institution of higher education that contracted with a person under this chapter to grow or cultivate industrial hemp.

History

  • Administrative History: Effective date: January 28, 2019 (46:2 Md. R. 53)
  • Authority: Agriculture Article, §14-102(i), Annotated Code of Maryland

15.01.17 Hemp Farming Program

COMAR 15.01.17.01 Purpose.

This chapter explains the Maryland Department of Agriculture’s Hemp Farming Program, which licenses and regulates the production of hemp in the State. This chapter does not apply to an institution of higher education or a person who produces hemp under the Hemp Research Pilot Program. As required by State law, the Program has been approved by the United States Department of Agriculture.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Acceptable hemp THC level” means the application of the measurement uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis producing a distribution or range that includes 0.3 percent or less total THC.

(2) “Applicant” means a person, or for a business entity, a person authorized to act on behalf of the business entity, who applies to the Department to become a licensed hemp grower in the State.

(3) “Authorized agent” means a sampling agent who has received a certificate of completion of training from USDA or the Department and has been approved by the Department to sample hemp under the Program.

(4) “Authorized laboratory” means a laboratory that is:

(a) DEA registered; or

(b) Accredited to ISO17025:2017.

(5) Cannabis.

(a) “Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indicia and Cannabis ruderalis are subspecies thereof.

(b) “Cannabis” includes any form of the plant in which the delta-9-tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.

(6) “CBD” means cannabidiol.

(7) “Conviction” means any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged.

(8) “Culpable mental state greater than negligence” means to act intentionally, knowingly, willfully, or recklessly.

(9) “Cultivate” means to plant, water, grow, or harvest a plant or crop.

(10) “DEA” means the United States Drug Enforcement Administration.

(11) “Decarboxylated” means the completion of the chemical reaction that converts THC-A into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value may also be calculated using a conversion formula that sums delta-9-THC and THC-A.

(12) “Decarboxylation” means the removal or elimination of a carboxyl group from a molecule or organic compound.

(13) “Delta-9-THC” or “THC” means delta-9-tetrahydrocannabinol concentration, the primary intoxicating component of cannabis.

(14) “Department” means the Maryland Department of Agriculture.

(15) “Disposal” or “destruction” means the procedure to render a plant or a product derived from such plant unusable by burning, incorporating with other materials, or other methods approved by the Department consistent with USDA guidelines.

(16) “Dry weight basis” means the ratio of the amount of dry solid in a sample after drying to the total mass of the sample before drying, including the moisture in a sample.

(17) “GPS” means Global Positioning System.

(18) “Growing area” means either an outdoor or an enclosed indoor area where hemp is cultivated.

(19) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.

(20) “Hemp greens” means hemp leaves from immature plants that are no more than 10 inches tall and are not flowering.

(21) “Hemp microgreens” means immature hemp seedlings for human consumption that are:

(a) Cut off above the soil or substrate line and harvested before flowering and not more than 14 days after germination; and

(b) Typically, between 2 and 3 inches in height, but not taller than 5 inches.

(22) “Hemp transplants” means nonflowering hemp seedlings, rooted cuttings, immature plants produced from tissue culture, or other means of reproduction, which are not harvested but transplanted into a large container or field to mature for harvest.

(23) Key Participant.

(a) “Key participant” means a sole proprietor, a partner in partnership, or a person with executive managerial control in a corporation, such as a chief executive officer or chief operating officer.

(b) “Key participant” does not include a nonexecutive manager, such as a farm, field, or shift manager.

(24) “Law enforcement agency” means the Maryland State Police, DEA, or other federal, state, or local law enforcement agency or drug suppression unit.

(25) “License” means written authorization by the Department permitting a person to cultivate, store, handle, or market hemp in the State.

(26) Licensed Area.

(a) “Licensed area” means the land area shown in an approved licensing application, or, subsequently, in an approved site modification plan, on which a hemp grower plans to cultivate, store, or handle hemp.

(b) “Licensed area” includes growing areas, storage facilities, and other areas that are to be used in the grower’s hemp operation.

(27) “Licensed grower” means a person possessing a license issued by the Department under the authority of this chapter to cultivate, store, handle, or market hemp.

(28) “Lot” means a contiguous area in a field, greenhouse, or indoor facility growing the same variety or strain of hemp that was planted at the same time throughout this area.

(29) “Map” means a diagram depicting all borders of the hemp operation, including the nearest roads to aid in orientation, the cardinal direction north, and the boundaries of the legally described parcel on which the hemp operation is located.

(30) “Measurement uncertainty” or “MU” means the parameter associated with the result of a measurement that characterizes the dispersion of the values that could be reasonably attributed to the measurement.

(31) Negligent Violation.

(a) “Negligent violation” means a failure to exercise the level of care that a reasonably prudent person would exercise in complying with the requirements of this chapter.

(b) “Negligent violation” does not include intentional misconduct.

(32) “Nonmarketable hemp” means hemp that exceeds the acceptable hemp THC level.

(33) “Official sample” means the pre-harvest hemp sample collected by the Department, in accordance with Department policy, which is used to assess the THC concentration of a single lot of hemp.

(34) “Person” means an individual, partnership, corporation, limited liability company, association, or any business entity by whatever name designated and whether or not incorporated unless the context clearly indicates otherwise.

(35) “Program” means the Hemp Farming Program established under this chapter.

(36) “Propagule” means a plant or plant part that can be utilized to grow a new plant.

(37) “THC-A” means tetrahydrocannabinolic acid, a precursor to THC.

(38) “USDA” means the U.S. Department of Agriculture.

(39) “Variety” means a group of plants or an individual plant that exhibits a distinctive observable physical characteristic or has a distinct genetic composition.

(40) “Volunteer plant” means a hemp plant that was not intentionally planted by the person licensed to grow hemp, but results from a previous crop, growing on its own accord from seeds or roots in the years following an intentionally planted hemp crop.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.03 Prohibition Against Growing or Producing Hemp Without a License.

A person may not cultivate or produce hemp under the Program unless the person is licensed by the Department in accordance with this chapter.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.04 Contents of Application and Licensing Terms.

A. Contents. To obtain a license to cultivate or produce hemp under the Program, a person shall annually submit a signed, complete, accurate, and legible Departmental application that provides:

(1) The applicant’s full name, business or residential address, telephone number, and email address (if the applicant is a business entity, the full name of the business, the address of the principal business location, the full name and title of key participants, the email address of that business, and EIN number of the business);

(2) The legal description of the land on which the hemp operation is proposed;

(3) The GPS coordinates for the land on which the hemp operation is proposed;

(4) A map of the land owned or controlled by the person to be licensed, showing the location, boundaries, and dimensions (in acres or square feet) of:

(a) If hemp is grown indoors, the green house or indoor facility used to grow hemp;

(b) If hemp is grown outdoors, each field (by field number) where hemp will be grown (clearly indicating the names or lot numbers of all lots and planning locations) and the entrance to each field;

(c) The facility used to store hemp post-harvest; and

(d) Others fields or facilities to be used in the hemp operation;

(5) The portion or portions of the hemp plant or flower that the applicant intends to market, that is, seed, grain, fiber, hurd, or CBD;

(6) A certification that the applicant is at least 18 years of age;

(7) A criminal background report of the applicant and other key participants, prepared by the Federal Bureau of Investigation, dated no more than 60 days before the date of the applicant’s application; and

(8) Documentation showing that the applicant has the legal right to cultivate hemp on the land (the proposed licensed area) and the legal authority to grant the Department access for inspection and sampling, including deeds, leasing agreements, written agreements by a landowner, or other appropriate documentation.

B. The Department shall provide the applicant a reasonable opportunity to amend an application that is insufficient or to resolve any minor violations of this chapter.

C. Site Modification. A licensed grower may apply to the Department to alter the approved licensed area. To accomplish this, the licensed grower shall pay the site modification fee and submit a signed, complete, accurate, and legible Departmental application at least 15 days before the proposed modification that includes:

(1) An updated legal description of the land that will comprise the hemp operation;

(2) Updated GPS coordinates that will comprise the hemp operation; and

(3) An updated map providing the information required under §A(4) of this regulation.

D. Licensing Terms. By signing and submitting the application, the applicant agrees to abide by the following licensing terms:

(1) The licensed grower shall fully cooperate and assist the Department with all aspects of the administration and enforcement of the Program, including, but not limited to, the application, license, reporting, inspection, and sampling processes;

(2) The licensed grower shall permit the Department or any other law enforcement agency to enter the property for the purpose of collecting, sampling, or inspecting hemp plants in the licensed area, whether in the field or in storage, during the licensing period or in the immediate 30-day time period after the license has expired or is suspended or surrendered;

(3) If hemp plants test greater than the acceptable hemp THC level or otherwise do not comply with this chapter, the licensed grower shall inspect the property post-harvest and, for the following growing season, pre-harvest, and destroy, as directed by the Department, any volunteer plants;

(4) The licensed grower shall maintain all records pertaining to hemp production for a minimum period of 3 years, including, but not limited to, the following records:

(a) Planting records;

(b) Harvesting records;

(c) Sampling and testing records; and

(d) Records pertaining to the disposal of noncompliant hemp;

(5) The licensed grower shall keep the records required under §D(4) of this regulation in the State and make them available during normal business hours for copying and inspection by the Department or other law enforcement agencies;

(6) The licensed grower shall submit all required reports by the applicable due dates specified by the Department;

(7) The licensed grower shall name an in-State agent for the receipt of notices in enforcement actions for records and other matters;

(8) The licensed grower shall notify the Department within 15 days of any changes to the hemp grower’s operation, including planting, harvesting, testing, or sampling, or any changes to the license holder’s address or other contact information; and

(9) The licensed grower shall pay any fees as required by this chapter.

E. Required Certification. The applicant shall certify that the contents of the application are true and correct and that, when licensed, the grower will comply with all of the Department’s reporting requirements and those of USDA and all other regulatory and statutory requirements for producing hemp under the Program.

F. Grounds for Denying Licensure. The Department may not issue a license to a person to grow hemp under the Program if the person:

(1) Has a felony conviction under state or federal law related to a controlled substance during the 10-year period preceding the date of application;

(2) Provides materially false or misleading information in the application; or

(3) Has not met the requirements of this chapter.

Cross References

15.01.17.07A(11)

15.01.17.15A(5)

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.05 Licensing Period.

A person may apply to become a licensed grower at any time during a calendar year. Unless suspended or revoked, a license to grow hemp under the Program is valid from the date it was issued through December 31 of the same year. To ensure continuity of the license, a licensed grower shall submit to the Department an application to renew the person’s license no later than December 1 of the year that the license is due to expire. A license issued under this chapter may not be assigned or transferred to another person under any circumstances.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.06 Fees.

The following nonrefundable fees apply to hemp growers:

A. An annual application fee — $50;

B. An annual license fee — $500;

C. A fee for each additional location owned or controlled by a grower with a different mailing address — $500;

D. A fee each time that the Department samples and tests official samples for THC — $250; and

E. A site modification fee if the GPS coordinates listed in the application are changed — $250.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.07 Prohibited Acts.

A. A licensed grower may not:

(1) Grow or store hemp in a structure that is used for residential purposes;

(2) Plant, grow, or store hemp on any site that is not located within the licensed area;

(3) Display or exhibit live hemp plants, viable seeds, or floral materials at trade shows, county fairs, or educational or other similar events without written permission from the organizer of the event;

(4) Allow unsupervised public access to hemp plots or plantings;

(5) Sell, transfer, or permit the sale or transfer of living hemp plants or viable hemp seeds to any person in the State who does not hold a license issued by the Department;

(6) Sell, transfer, or permit the sale or transfer of living plants, viable seeds, leaf material, or floral material to any person in another state who is not authorized by the laws of that state to own or otherwise possess such products;

(7) Comingle hemp plant material from one lot with hemp plant material from other lots unless the lots have been tested and deemed compliant with this chapter;

(8) Place in the stream of commerce any hemp grown in a lot that has a noncompliant THC level;

(9) Provide false or misleading information in any report, record, or other document required under this chapter or during the course of an inspection conducted under this chapter;

(10) Hinder or obstruct an authorized agent of the Department or any other law enforcement officer from entering the licensed area for the purpose of collecting, sampling, or inspecting hemp;

(11) Violate any of the provisions of this chapter, including, but not limited to, the licensing terms set forth in Regulation .04 of this chapter; or

(12) Violate any applicable laws and regulations relating to the use and development of the land for hemp production.

B. There is no distance requirement, limitation, or buffer zone between licensed growers and between licensed growers and medical cannabis growers licensed under Health-General Article, §13-3306, Annotated Code of Maryland. No rule may establish such a distance requirement, limitation, or buffer zone without the Department’s evaluation, in consultation with the Natalie M. LaPrade Medical Cannabis Commission, of sufficient scientific data showing impacts to either crop as a result of cross-pollination.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.08 Grower Reporting Requirements.

A. Field Planting Report.

(1) Within 10 days after planting, a licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Field Planting Report that includes:

(a) The licensed grower's full name and contact information;

(b) The license number;

(c) The planting date and anticipated harvest date;

(d) The hemp's variety name;

(e) The field location ID listed in the application;

(f) An updated detailed map depicting any changes; and

(g) The primary intended use of the harvested hemp for each planting.

(2) A licensed grower who does not plant hemp in an approved outdoor growing area listed in the application shall submit a Field Planting Report on or before July 31, stating that hemp has not and will not be planted at that site.

(3) If a replanting of seeds or propagules occurs, the licensed grower shall complete and submit to the Department a new Field Planting Report within 10 days after the planting, providing the information required under this section.

B. Indoor Planting Report.

(1) Within 10 days after establishing plants at an indoor location, a licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Greenhouse/Indoor Planting Report that includes:

(a) The licensed grower's full name and contact information;

(b) The license number;

(c) The planting date and anticipated harvest date;

(d) The hemp's variety name; and

(e) The primary intended use of the harvested hemp of each planting.

(2) The licensed grower shall submit this report each time hemp is planted in, moved within, or moved into a licensed area, except for replanting into a larger container within the same indoor location.

(3) In addition to completing the initial Greenhouse/Indoor Planting Report, the licensed grower shall submit to the Department quarterly reports for each location ID to the Department no later than March 31, June 30, September 30, and December 31.

C. Destruction Report. Within 48 hours after crop destruction or as ordered by the Department, the licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Destruction Report that includes:

(1) The licensed grower's full name and contact information;

(2) The license number;

(3) The disposal date of each lot destroyed; and

(4) The method of destruction.

D. Annual Production Report. A licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Annual Production Report by December 1 of each year that provides the following information:

(1) The licensed grower's full name and contact information;

(2) The license number;

(3) The acreage or amount of greenhouse space planted, the planting date, the harvest date, and the varieties grown; and

(4) The weight and type of plant material harvested and the plant material being stored and the location of its storage as of the date of the report.

E. Hemp Crop Acreage Report to Farm Service Agency. A licensed grower shall report information pertaining to the grower's hemp operation with USDA, Farm Service Agency, as required under federal law. This information may include:

(1) The license number that the Department issued to the licensed grower;

(2) The street address where licensed grower is producing hemp;

(3) The geospatial location of each lot or greenhouse where hemp will be produced;

(4) If hemp is grown outdoors, the hemp crop acreage, including the total acreage planted and harvested, and, if any portion of the crop is disposed of, the amount;

(5) If hemp is grown indoors, the indoor square footage or acreage dedicated to the production of hemp; and

(6) If the licensed area is altered in accordance with Regulation .04, updated information pertaining to the site modification.

F. Drug Felony Conviction Report.

(1) Within 15 days of conviction of a disqualifying felony offense, a licensed grower shall inform any co-licensees and submit to the Department a signed, complete, accurate, and legible Departmental Drug Felony Conviction Report that includes:

(a) The license number;

(b) The date of conviction; and

(c) An acknowledgement that all co-licensees have been informed of the disqualifying offense, if applicable, and the co-licensees have assumed full responsibility for the hemp crop.

(2) Failure to report the disqualifying offense may result in an order of destruction.

G. Record-Keeping Requirements. A licensed grower shall keep and maintain for at least 3 years all information that supports, verifies, or documents all reports required under this regulation.

Cross References

15.01.17.15A(9)

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.09 Regulatory Inspections of Hemp Operations.

A. Annual Inspections. The Department shall conduct annual inspections of, at a minimum, a random sample of licensed growers and collect regulatory samples of hemp to verify that hemp is not being produced in violation of this chapter. The Department shall conduct these inspections during normal business hours. The Department may conduct these inspections without notice.

B. Additional Inspections. If the Department has reason to believe that a violation of the Program is occurring, it may conduct such additional regulatory inspections of a licensed grower’s operation and sampling of hemp it deems appropriate. The Department shall conduct these inspections during normal business hours. It may conduct these operations without notice.

C. Sampling and Testing Regulatory Samples. When conducting regulatory sampling and testing of hemp under §§A and B of this regulation, the Department shall follow the official sampling methodology and testing requirements set forth in Regulation .10 of this chapter.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.10 Sampling and Testing for THC.

A. A licensed grower may request the Department or an authorized agent to collect official samples of hemp for testing under §D of this regulation.

B. Official Sampling Methodology. To ensure a confidence level of 95 percent that no more than 1 percent of the plants in a lot exceeds the acceptable hemp THC level, official samples collected by the Department or an authorized agent shall be done in accordance with the Department's sampling methodology, which requires that:

(1) Samples shall be collected by the Department or an authorized agent;

(2) Samples selected shall be solely determined by the Department or authorized agent;

(3) Samples shall be from the [flower material of the hemp plant;] flowering tops of plants which shall be approximately 5 to 8 inches in length from:

(a) The main stem (that includes the leaves and flowers);

(b) The terminal bud (that occurs at the end of a stem); or

(c) The central cola (cut stem that could develop into a bud);

(4) Samples shall represent a homogeneous composition of the lot being collected, and a minimum of two samples from each lot shall be collected (the number of plants selected for sampling will be dependent on the size of the growing area);

(5) Samples of hemp plant material from one lot may not be commingled with hemp plant material from other lots;

(6) Samples shall be collected during the growing season and before harvest;

(7) When a scheduled sampling occurs, the grower or an authorized grower representative shall be present at the growing site;

(8) The grower shall provide the Department or an authorized agent complete and unrestricted access to all hemp plants and all locations listed in the application;

(9) The grower or authorized agent shall take any other action that the Department deems necessary to ensure that the stated confidence level is met;

(10) If the licensed grower fails to complete the harvest within 30 days, a new sample of the lot shall be collected for testing purposes following the procedures set forth in this regulation;

(11) The Department or authorized agent shall place the composite representative sample in a properly labeled paper bag, seal the bag, and place the following information on the bag or otherwise include it with the sample:

(a) License number;

(b) Name and contact information of the sampling agent;

(c) Name and contact information of the licensee;

(d) Date sample was taken;

(e) Sample identification number for the lot;

(f) Field identification number listed in the application; and

(g) Any other information that may be required by the Department; and

(12) The sample and sampling report shall be hand-delivered or placed in a box, sealed with security tape, and shipped overnight to the Department or authorized laboratory.

C. All hemp samples collected become the property of the Department without cost to it and are nonrefundable.

D. Testing Requirements. The Department or an authorized laboratory shall test hemp for prohibited THC levels by performing a quantitative laboratory determination of the total delta-9 THC concentration on a dry weight basis. In conducting this work, the following standards shall be met:

(1) Laboratory quality assurance shall ensure the quality and validity of the test results and that the testing method used is appropriate;

(2) An appropriate chain of custody shall be maintained at all times;

(3) The official samples shall be dried, the stem and seed shall be separated from floral material and discarded, and the floral material shall be ground;

(4) The ground floral material shall be tested for THC content;

(5) The THC testing procedure shall include a valid testing methodology that uses post-decarboxylation or other similarly reliable methods, including, but not limited to, gas chromatography with flame ionization detection, or liquid chromatography with ultraviolet detection (The testing methodology shall consider the potential conversion of THCA in hemp into THC and the test result shall measure total available THC derived from the sum of the THC and THC-A content. The total THC concentration level shall be determined and reported on a dry weight basis. MU shall be used in determining the range of the result found.); and

(6) A sample test result with a delta-9 THC concentration on a dry weight basis greater than the acceptable hemp THC level is conclusive evidence that the lot represented by the sample contains a delta-9 THC concentration on a dry weight basis of more than 0.3 percent and that the hemp is therefore not in compliance with this chapter.

E. Test Results Report. If an authorized laboratory conducts the testing, the hemp grower shall direct the laboratory to report the test results for all samples tested to the Department and USDA. The test results report shall contain the information below for each sample tested:

(1) Hemp grower's license or authorization identifier;

(2) Name of hemp grower;

(3) Business address of hemp grower;

(4) Lot identification number for the sample;

(5) Name and address of laboratory;

(6) Date of test and report;

(7) Identification of a retest; and

(8) Test result.

Cross References

15.01.17.09C

15.01.17.11I(1)

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.11 Hemp Greens, Hemp Microgreens, and Hemp Transplants.

A. Performance-Based Sampling Protocol. For hemp plants that are not intended to be produced to a mature, flowering state (for example, hemp greens, hemp microgreens, and hemp transplants), the Department may utilize a performance-based sampling protocol to determine THC crop compliance. This protocol, which has been approved by USDA, includes seed certification processes and other processes that identify varieties that have consistently resulted in compliant hemp plants.

B. Notice to the Department. At planting, the licensed grower shall notify the Department of the grower’s intent and plans for producing hemp greens, hemp microgreens, or hemp transplants, including the grower’s intent to harvest these plants.

C. If the licensed grower is intending to produce hemp greens, hemp microgreens, or hemp transplants, the grower may only use hemp seeds or propagules that originate from THC compliant hemp plants. To ensure this, the licensed grower may only use:

(1) Seeds originating from THC compliant hemp plants that have been certified by a member agency of the Association of Official Seed Certifying Agencies;

(2) Seeds derived from hemp plants that were tested during the preceding 2-year period and, for each of these 2 years, deemed THC compliant by the Department, an authorized laboratory, or other USDA-approved hemp program; and

(3) Propagules from hemp plants that were tested by the Department, an authorized agency, or other USDA-approved program and deemed THC compliant.

D. If the licensed grower is using certified seeds, the grower shall provide the Department copies of the seed tags. If the licensed grower is using propagules, the grower shall provide the Department the test results of the hemp plants.

E. The Department may conduct random testing of hemp greens, hemp microgreens, and hemp transplants produced by licensed growers. The Department may collect samples for determining the total THC concentration. The licensed grower shall have an authorized representative on-site during the site inspection conducted by the Department. If the crop does not meet the protocol for determining crop compliance under this regulation, the licensed grower shall hold the harvest lot until notified by the Department of the grower’s options.

F. Hemp Microgreens Verification. The Department shall verify that the producer:

(1) Obtained and used only authorized hemp seed or propagules;

(2) Harvested the crop no more than 14 days after planting;

(3) Only grew hemp plants that were no more than 5 inches in height; and

(4) Did not grow hemp plants to a flowering state.

G. Hemp Greens Verification. The Department shall verify that the producer:

(1) Obtained and used only authorized hemp seed or propagules;

(2) Harvested the crop prior to the plants being 10 inches in height; and

(3) Did not produce a flowering crop.

H. Hemp Transplants Verification. The Department shall verify that the producer:

(1) Obtained and used only authorized hemp seed or propagules;

(2) Only grew plants that were no more than 12 inches in height; and

(3) Did not grow plants to a flowering state.

I. If the licensed grower produces a crop that does not meet the protocol for determining THC crop compliance under this regulation, the grower shall:

(1) Follow the compliance, sampling, and testing requirements set forth in Regulation .10 of this chapter; or

(2) Dispose of the crop.

J. Records.

(1) Proof of THC Compliance. A licensed grower producing hemp greens, hemp microgreens, or hemp transplants shall maintain for 3 years records showing proof of THC compliance of seeds or propagules used to produce these crops.

(2) Sales Records. A licensed grower producing hemp transplants shall maintain for 3 years records showing the name and address of persons to whom the transplants were sold or transferred.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.12 Prerequisites for Placing Hemp in Commerce.

A. A licensed grower may not co-mingle, transport, transfer, sell, market, process, or otherwise dispose of hemp pending a THC analysis by the Department or an authorized laboratory.

B. To place hemp in the stream of commerce, test results shall confirm that the final product batch hemp contains no more than a total 0.3 percent delta-9 THC on a dry weight basis using the method’s determined measurement uncertainty, and all such testing results shall be retained by the grower and made available to the Department upon demand for a minimum of 3 years.

C. Hemp samples with a post-decarboxylated THC level equal to or below the acceptable hemp THC level require no further action by the Department. The area or harvested plant material from which the sample was obtained that was harvested within 30 days of the date of sampling may be marketed or further processed.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.13 Nonmarketable Hemp.

A. Upon receipt of a failing test result, a licensed grower may request resampling and retesting of the varieties in question. If no retest is requested, or the retested sample is greater than 0.3 percent THC, the area represented by the sample, or any harvested hemp from the area represented by the sample, shall be disposed of as provided in Regulation .14 of this chapter. The grower shall retain all such testing results and make them available to the Department upon demand for a minimum of 3 years.

B. Hemp plants from lots determined to be nonmarketable (that is, the plants exceed the acceptable hemp THC level) and products derived from such plants may not be further handled, processed, or enter the stream of commerce.

C. If a grower comingles hemp from a lot with hemp from another lot before the test results from any of the comingled lots are made known, the grower shall dispose of all of the hemp if the test results from just one of these lots is subsequently found to be nonmarketable.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.14 Grower’s Duty to Dispose of Nonmarketable Hemp.

A. The costs of disposal of nonmarketable hemp plants and products derived from such plants are the responsibility of the grower.

B. The grower shall notify the Department immediately upon receipt of a test report determining that any portion of the crop tests positive for a prohibited amount of THC.

C. If hemp is deemed nonmarketable (that is, the plants exceed the acceptable hemp THC level), the Department shall:

(1) Notify the grower to stop the harvest and shipment of any plants or plant material harvested from the tested area;

(2) Send a representative from the Department to conduct an inventory of the harvested and unharvested plants from the area that was tested;

(3) Offer options for retesting and remediation consistent with remediation guidelines approved by U.S. Domestic Hemp Production Program; and

(4) Offer options for disposal.

D. The disposal of hemp deemed noncompliant with this chapter shall render a plant or a product derived from such plant unusable by burning, incorporating with other materials, or other methods approved by the Department consistent with USDA guidelines.

E. The grower shall notify the Department of the grower’s intent to dispose of nonconforming plants.

F. A representative from the Department or a law enforcement official shall supervise the disposal of any noncompliant hemp plants or plant materials.

G. The grower shall verify disposal by submitting required documentation to the Department and retain a copy of the disposal record for 3 years.

Cross References

15.01.17.13A

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.15 Sanctions for Violating the Department’s Hemp Farming Program.

A. Except as provided in §C of this regulation, the Department, upon notice and an opportunity to be heard, may deny a license application or suspend or revoke a license to produce hemp under the Program, if the person:

(1) Fails to comply with the Department's plan for monitoring and regulating the production of hemp;

(2) Misrepresents the legal description of land on which hemp is produced;

(3) Produces hemp without a valid license;

(4) Produces plants, or any part of a plant, that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3 percent on a dry weight basis;

(5) Violates the licensing terms set forth in Regulation .04D of this chapter;

(6) Provides false or misleading information in any report, record, or other document required under this chapter or during the course of an inspection conducted under this chapter;

(7) Hinders or obstructs an authorized agent of the Department or any other law enforcement officer from entering the licensed area for the purpose of collecting, sampling, or inspecting hemp;

(8) Fails to maintain all records pertaining to hemp production required by this chapter and to make these records available during normal business hours for copying and inspection by the Department or other law enforcement agency;

(9) Fails to submit complete, signed, and accurate reports required under Regulation .08 of this chapter;

(10) Fails to dispose of hemp as directed by the Department;

(11) Is found to be growing or in possession of hemp not in compliance with these regulations;

(12) Is convicted of a felony related to a controlled substance under state or federal law;

(13) Cultivates or stores hemp on any site not listed in the application;

(14) Represents hemp seeds which are indistinguishable by the plant's characteristics to be of a recognized variety, without having adequate information for such variety representation; or

(15) Violates any provision of this chapter.

B. The Department shall deny a license application or suspend or revoke a license to produce hemp under the Program if the person provides false or misleading information in the application for a licensee to grow hemp as provided in this chapter.

C. Negligent Violations.

(1) If it determines that a violation is a negligent violation, the Department, in lieu of sanctioning the person as provided in §A of this regulation, may issue a corrective action plan, affording the person an opportunity to correct that violation and come into compliance. A person may not have more than one negligent violation per growing season. A negligent action includes, but is not limited to, the following:

(a) The failure to provide a legal description of the land;

(b) The failure to obtain a license;

(c) The production of cannabis with the total THC concentration exceeding the acceptable hemp THC level (0.3 percent with MU) unless the person has made reasonable efforts to grow hemp and the cannabis does not have a total delta-9-THC concentration of more than 1 percent on a dry weight basis.

(2) The corrective action plan issued by the Department shall include the following:

(a) A date by which the person shall correct the violation;

(b) The action that the person shall take to come into compliance;

(c) To ensure compliance, a requirement that the person shall report to the Department at a frequency determined by the Department for a period of not less than 2 calendar years from the date of the violation the compliance measures it is taking; and

(d) Inspection requirements as determined by the Department.

(3) If the person fails to implement or comply with the corrective action plan, the Department may proceed to suspend or revoke the grower's license to produce hemp as provided in §A of this regulation.

(4) If the Department determines that a person has violated this chapter three times in a 4-year period, that person is banned from producing hemp for a period of 5 years beginning on the date of the third violation.

D. Violations Exceeding Negligence — Immediate Suspension.

(1) If the Department determines that a person has violated the Program with a culpable mental state greater than negligence, the Department shall:

(a) Send a Notice of Suspension to the person, ordering the person to suspend all hemp operations immediately; and

(b) Refer the matter to the United States Attorney General, the Maryland Attorney General, or State's Attorney, as appropriate, to enforce the requirements of this chapter.

(2) If the Department issues a Notice of Suspension, the grower may not harvest or remove cannabis from the premises where hemp or other cannabis was located at the time the Department issued this notice.

(3) As soon as possible after the Notification of the Suspension, the Department shall inspect the grower's premises and perform an inventory of all hemp and hemp products that are in the grower's possession.

(4) The Department shall schedule a license revocation hearing for a date as soon as practicable after the Notification of Suspension, but in any event not later than 60 days following the notification of suspension.

Cross References

15.01.17.16A

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.16 Notice, Hearings, and Appeals.

A. Notice. If it determines that sanctions are warranted against a person under Regulation .15 of this chapter, the Department shall provide the person written notice of the violation via regular mail, certified mail, or personal service that includes:

(1) The facts that are asserted pertaining to the violation;

(2) The pertinent statutory and regulatory sections under which the Department is taking its action;

(3) The Department's determination whether the person's conduct constitutes a negligent violation or a violation with a culpable mental state greater than negligence;

(4) A statement explaining whether the Department has informed law enforcement of the violation;

(5) The sanction proposed, if any, as a result of the Department's action; and

(6) Unless a hearing is automatically scheduled, notice that the person may request a hearing within 20 days from receiving the notice of the violation; what, if anything, the person shall do to receive a hearing; and the direct consequences, including sanctions, if any, of the person's failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing.

B. To receive a hearing on the matter set forth in the Notice of Violation, the person shall submit a written request for a hearing to the Maryland Department of Agriculture, Hemp Farming Program, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401. If the person fails to submit a written request in a timely manner, the notice of violation shall become final and the Department may impose the proposed sanction stated in the notice.

C. Hearings. Hearings under this regulation shall be in accordance with the Maryland Administrative Procedure Act and COMAR 15.01.01.

D. Appeals. A person aggrieved by a decision of the Department under this chapter, including a decision to deny an application for a license, or to suspend or revoke a license, may appeal the decision to the circuit court pursuant to the Maryland Rules of Civil Procedure.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.17 Department Reports to USDA.

A. By the first of each month, the Department shall file with USDA a report on each licensed grower with the following information:

(1) For each new licensee that is an individual, the report shall include:

(a) The full name of the individual;

(b) The license number and status;

(c) The business address;

(d) Telephone number and email address (if applicable); and

(e) A legal description and GPS coordinates for each field, greenhouse, indoor growing structure, or site where industrial hemp will be cultivated, handled, or stored.

(2) For each new licensee that is a business entity, the report shall include:

(a) The full name of the business entity;

(b) The license number and status;

(c) The principal business location address;

(d) The full name, title, and email address (if applicable) of each person for whom the entity is required to submit a criminal background check; and

(e) A legal description and GPS coordinates for each field, greenhouse, indoor growing structure, or site where industrial hemp will be cultivated, handled or stored.

(3) For each licensee that was included in a previous report and whose reported information has changed, the report shall include the previously reported information and the new information, including the following:

(a) The status of each grower and seed producer's license;

(b) The period covered by the report; and

(c) Indication whether there were changes during the current reporting cycle if applicable.

B. By the first of each month, the Department shall file with USDA a report of any occurrence among licensed hemp growers where hemp plants or plant parts have exceeded the acceptable THC levels as provided in this chapter with the following information:

(1) The name and address of the licensee;

(2) Producer license number;

(3) Location information, such as a lot number, location type, and GPS coordinates or other location descriptor for the production area subject to hemp disposal;

(4) Information on the agent handling the disposal; and

(5) Documentation or traceability from seed acquisition to harvest or crop termination.

C. In addition to the hemp disposal report described in §B of this regulation, the Department shall promptly notify USDAs Agricultural Marketing Service of any occurrence of hemp plants that do not meet the definition of hemp as provided in this chapter or products derived from such plants. Records shall be attached to the report demonstrating that the proper disposal methods were followed.

D. By December 15 of each year, the Department shall submit an annual report to USDA that provides the following information under the Program:

(1) Total planted acreage;

(2) Total harvested acreage; and

(3) Total acreage disposed.

E. Any report filed by the Department with USDA shall be submitted using a digital form compatible with USDAs sharing systems, whenever possible.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.18 Public Records.

A. Any public record held by the Department is subject to inspection and release only as provided by the Maryland Public Information Act.

B. The Department shall release to USDA record information about each hemp grower in a timely manner, as required by the United States Secretary of Agriculture.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.19 Criminal Penalties.

In addition to any other penalty provided by law, a person who violates this chapter may be subject to criminal penalties under Agriculture Article, §12-101 et seq., Annotated Code of Maryland.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.20 Enforcement.

The Department shall report a person to the United States Attorney General and the Maryland Attorney General who knowingly:

A. Fails to comply with the Department's plan for monitoring and regulating the production of hemp;

B. Misrepresents the legal description of land on which hemp is produced;

C. Produces hemp without a valid license;

D. Produces plants, or any part of a plant, that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3 percent on a dry weight basis; or

E. Knowingly violates any provisions of Agriculture Article, Title 14, Subtitle 3, Annotated Code of Maryland.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland
COMAR 15.01.17.21 Sampling Guidelines.

A. For purposes of determining the number of individual plants to select for sampling, the size of the growing area set forth in the chart below shall be followed. For sampling purposes, samples from separate lots shall be kept separate and may not be comingled.

| Size of Lot | Minimum Quantity | Size of Lot | Minimum Quantity | | --- | --- | --- | --- | | <1000 sq. ft. | 10 | 10 — 14.99 acres | 35 | | <0.99 acre | 11 | 15 — 19.99 acres | 40 | | 1 — 1.99 acres | 15 | 20 — 24.99 acres | 45 | | 2 — 2.99 acres | 17 | 25 — 29.99 acres | 50 | | 3 — 3.99 acres | 19 | 30 — 39.99 acres | 55 | | 4 — 4.99 acres | 20 | 40 — 49.99 acres | 60 | | 5 — 5.99 acres | 21 | 50 — 50.99 acres | 65 | | 6 — 6.99 acres | 24 | 60 — 60.99 acres | 70 | | 7 — 7.99 acres | 27 | 70 — 74.99 acres | 75 | | 8 — 8.99 acres | 30 | 75 + acres | 1 per acre | | 9 — 9.99 acres | 33 | | |

B. The authorized agent shall walk at right angles to the rows of plants, if possible, beginning at one point of the lot and walking towards another point on the opposite side of the lot. If the lot is too dense for this to be possible, the authorized agent shall take all reasonable steps to ensure that a sample is collected that represents a homogeneous composition of the lot by avoiding edges and thoroughfares.

C. While walking through the growing area, the authorized agent shall cut the number of inflorescences (the flower or bud of a plant) based on the acreage of the growing area at random but convenient distances, and avoid collecting sample specimens from the borders of the field/greenhouse.

D. The cut shall be obtained from the flowering tops of plants when flowering tops are present and shall be approximately 5 to 8 inches in length from the “main stem” (that includes the leaves and flowers), “terminal bud” (that occurs at the end of a stem), or “central cola” (cut stem that develops into a bud) of the flowering top of the plant.

History

  • Administrative History: Effective date: November 1, 2020 (47:21 Md. R. 904)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 7, 2023 (50:1 Md. R. 683)
  • Authority: Agriculture Article, §14-307, Annotated Code of Maryland

15.01.18 Farmers' Market Nutrition Program — Appeal Procedure

COMAR 15.01.18.01 Purpose.

A. This chapter sets forth the appeal procedure for the Senior Farmers’ Market Nutrition Program (SFMNP) and the WIC Farmers’ Market Nutrition Program (WIC FMNP). The SFMNP and the WIC FMNP are segments of the Farmers’ Market Nutrition Program (FMNP). The Maryland Department of Agriculture administers SFMNP in the State. The Maryland Department of Health assists the Department in administering the WIC FMNP in the State. The FMNP, a federal-State partnership with USDA, is designed to:

(1) Provide FMNP recipients with access to locally grown fruits, vegetables, honey, and herbs; and

(2) Increase the domestic consumption of agricultural commodities through farmers’ markets, roadside stands, and community supported agricultural programs.

B. This chapter, as required under 7 CFR §248.16 for the WIC FMNP and 7 CFR §249.16 for the SFMNP, establishes a procedure for the following persons to appeal certain adverse actions of the Maryland Department of Agriculture in its administration of the FMNP:

(1) SFMNP applicants and recipients;

(2) Local agencies assisting in implementing the SFMNP; and

(3) Farmers participating in the SFMNP and the WIC FMNP and who have applied to participate in these programs.

C. The Maryland Department of Health has adopted a procedure for the following persons to appeal certain adverse actions it takes in administering its portion of the WIC FMNP:

(1) WIC FMNP recipients; and

(2) Local agencies assisting in distribution of the WIC FMNP.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Department” means the Maryland Department of Agriculture.

(2) “Farmers’ Market Nutrition Program” or “FMNP” means the Senior FMNP and the WIC FMNP.

(3) “Local agency” means a nonprofit entity or local government agency that certifies eligible SFMNP recipients, issues SFMNP coupons, or provides nutrition education or information on operational aspects of the SFMNP to SFMNP recipients.

(4) “Secretary” means the Secretary of the Maryland Department of Agriculture.

(5) “Senior Farmers’ Market Nutrition Program” or “SFMNP” means the Federal-State partnership between USDA and the Department in which USDA provides federal funds to the Department to administer a program designed to:

(a) Provide SFMNP recipients access to locally grown fruits, vegetables, honey, and herbs; and

(b) Increase the domestic consumption of agricultural commodities through farmers’ markets, roadside stands, and community supported agricultural programs.

(6) “SFMNP recipient” means an individual, as defined under 7 CFR §249.6, as amended, who is eligible to receive benefits under the SFMNP.

(7) “USDA” means the United States Department of Agriculture, Food and Nutrition Service.

(8) “WIC FMNP” means a Federal-State partnership that USDA has with the Department in which USDA provides federal funds to the Department to administer a program designed to:

(a) Provide WIC FMNP recipients access to locally grown fruits, vegetables, and herbs; and

(b) Increase the domestic consumption of agricultural commodities through farmers’ markets, roadside stands, and community supported agricultural programs.

(9) “WIC FMNP recipient” means a pregnant woman, breastfeeding woman, postpartum woman, infant, or child who is receiving benefits under the Program, and the breastfed infant of a breastfeeding woman participant under the WIC Program authorized under §17 of the Child Nutrition Act of 1966, as amended.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.03 Appealing Adverse Actions to the Secretary.

A. SFMNP applicants. An SFMNP applicant may appeal the denial of certification of SFMNP benefits unless the denial is solely because of the lack of sufficient funding to provide SFMNP benefits to all eligible applicants. While awaiting the hearing, the SFMNP applicant may not receive SFMNP benefits.

B. SFMNP Participants.

(1) An SFMNP recipient may appeal the disqualification or suspension of SFMNP benefits.

(2) Excepting an SFMNP recipient whose certification period has already expired or who become otherwise ineligible for SFMNP benefits, an SFMNP recipient who appeals the termination of benefits within the period of time provided under Regulation .05 of this chapter shall continue to receive SFMNP benefits until the Secretary reaches a decision or the certification period expires, whichever occurs first.

(3) An SFMNP recipient who becomes ineligible during a certification, or whose certification period expires, may appeal the termination. While awaiting the hearing, the SFMNP recipient may not receive new benefits.

C. A local agency may appeal an action disqualifying it from participating in the SFMNP.

D. A farmer may appeal an action:

(1) Denying that person’s application to participate in the WIC FMNP or SFMNP;

(2) Imposing a sanction under the WIC FMNP or SFMNP; or

(3) Disqualifying that person from participating in the WIC FMNP or SFMNP.

Cross References

15.01.18.05A

15.01.18.07

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.04 Matters Not Subject to Appeal.

A farmer or local agency may not appeal the expiration of a contract or agreement with the Department in connection with the WIC FMNP or SFMNP under this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.05 Time Limit for Requesting a Hearing.

A. Except a farmer participating in the WIC FMNP, a person who is the subject of an adverse action listed in Regulation .03 of this chapter (for example, the SFMNP applicant or recipient, a local agency, or a farmer participating in the SFMNP) shall file a written request for a hearing with the Department within 30 days from the date that the Department mails or otherwise issues the notice of the action.

B. A farmer participating in the WIC FMNP shall file a written request for a hearing with the Maryland Department of Health within 10 days from the date that the Department mails or otherwise issues the notice of action.

C. The Department shall consider a request for a hearing filed on the earlier of the dates it is:

(1) Received by the Department, such as by delivery by the person; or

(2) Postmarked by the United States Postal Service.

Cross References

15.01.18.03B(2)

15.01.18.07B

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.06 Postponement Pending Decision.

If the Department finds that an adverse action that affects a local agency or farmer may unduly inconvenience SFMNP or WIC FMNP recipients, the Department may postpone the action until a decision in the appeal is rendered.

Cross References

15.01.18.07A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.07 Procedure.

If the Department takes one of the adverse actions listed in Regulation .03 of this chapter, it shall provide the person affected (for example, the SFMNP applicant or recipient, a local agency, or a farmer) with the following:

A. 15 calendar days in advance of the effective date of the adverse action, written notification of the adverse action, the cause for the action, and the effective date of the action, including the Department’s determination of whether the action shall be postponed under Regulation .06 of this chapter if it is appealed, and the opportunity for a hearing;

B. The opportunity to appeal the Department’s action within the time limits set forth in Regulation .05 of this chapter;

C. 10 business days advance notice of the time and place of the hearing to provide all parties involved sufficient time to prepare for the hearing;

D. The opportunity to present the person’s case and at least one opportunity to reschedule the hearing date upon specific request;

E. The opportunity to confront and cross-examine adverse witnesses;

F. The opportunity to be represented by counsel or, in the case of an SFMNP recipient, by a representative designated by the recipient, if desired;

G. The opportunity to review the case record before the hearing; and

H. Written notification of the decision in the appeal, within 60 days from the date of receipt of the request for a hearing by the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.08 Department’s Decision.

The Department’s action shall rest solely on the evidence presented at the hearing and the statutory and regulatory provisions governing such hearings. The basis for the Department’s decision shall be stated in writing.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.09 Continuing Responsibilities.

When a farmer or local agency appeals an adverse action and is permitted to continue in the FMNP while the appeal is pending, the farmer or local agency continues to be responsible for compliance with all FMNP regulations and the terms of the written agreement or contract with the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.10 Judicial Review.

An SFMNP applicant or recipient, a local agency, or a farmer affected by an adverse decision of the Secretary may file a petition for judicial review in the appropriate circuit court as required by the Maryland Rules of Procedure.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland
COMAR 15.01.18.11 Mediation.

If a person affected by an adverse action of the Department has filed an appeal with the Secretary, the person may request that the appeal process be paused for 60 days to attempt to resolve the matter through the Department’s Mediation Program. If the matter is not resolved through mediation by the end of the 60-day period, the appeal process shall resume.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective September 10, 2021 (48:19 Md. R. 799); emergency provision expired effective March 8, 2022
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 adopted effective April 4, 2022 (49:7 Md. R. 469)
  • Administrative History: Regulation .01 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .02B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .03B amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .05 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .07A, B, C amended effective January 22, 2024 (51:1 Md. R. 16)
  • Administrative History: Regulation .09 amended effective January 22, 2024 (51:1 Md. R. 16)
  • Authority: Agriculture Article, §2-103, Annotated Code of Maryland

15.01.19 Certified Local Farm Enterprise Program

COMAR 15.01.19.01 General — Purpose.

Each procurement agency shall structure its procurement procedures for food to try to achieve an overall goal of 20 percent of the unit’s total dollar value of all such procurement contracts made directly or indirectly from Certified Local Farm Enterprises.

Cross References

15.01.19.06A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.19.02 Scope.

This chapter applies to every procurement of food by a procurement agency.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.19.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Certification” means a determination by the Office for the Certified Local Farm Enterprise Program through the procedures outlined in this chapter that a legal entity is a Certified Local Farm Enterprise for purposes of these regulations.

(2) “Certified Local Farm Enterprise” means a local farm enterprise that holds a certification issued by the Office for the Certified Local Farm Enterprise Program.

(3) “Department” means the Maryland Department of Agriculture.

(4) “Food” or “food product” means any locally grown agricultural, horticultural, vegetable, or fruit product of the soil, including livestock, meats, poultry, eggs, dairy products, nuts, honey, and every food product of a farm, a forest, an orchard, a garden or water.

(5) “Locally grown” means food grown in Maryland or within 50 miles of the Maryland State border.

(6) “Office” means the Office for the Certified Local Farm Enterprise Program.

(7) “Procurement agency” means a principal department or independent unit of the Executive Branch of the State, not otherwise exempted from application of this chapter, that is authorized under State law to procure food.

(8) “Program” means the Certified Local Farm Enterprise Program.

(9) “Solicitation” means public notice of a solicitation for bids, offers, or expressions of interest which contains the nature of the procurement, relevant dates, the availability of solicitation documents, if any, and other pertinent information. The notice may consist of, but is not limited to:

(a) Legal advertisement;

(b) Newspaper notice;

(c) Bid board notice;

(d) Bid or proposal documents including the invitation for bids or request for proposals; or

(e) eMaryland Marketplace notice.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.19.04 Criteria to Become a Certified Local Farm Enterprise.

A. To become a Certified Local Farm Enterprise, the Office need only determine that a local farm enterprise meets the nutrient management requirements established under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland. No other criteria shall be required for certification.

B. The Office shall certify and decertify local farm enterprises through a single process, which may occur by mail, hand-delivery, or electronic application on a form created by the Office. The Office may decertify a local farm enterprise that no longer meets the nutrient management requirements established under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland.

C. The Office may consider initial applications for certification at any time. The Office shall re-certify local farm enterprises on an annual basis in January of each year.

D. The Office may decertify any local farm enterprise if the Department determines that a local farm enterprise does not meet the nutrient management requirements established under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.19.05 Central Directory.

A. The Office shall publish and maintain in an electronic format available to the general public through the internet a Central Directory of local farm enterprises it has certified under this chapter. The Central Directory shall specify the type of food primarily provided by and the date of certification of the Certified Local Farm Enterprise and shall include the address, phone number, and contact person for the Certified Local Farm Enterprise.

B. The Central Directory shall include all contract information available to the Office for the Certified Local Farm Enterprise, except when disclosure is prohibited by State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland, and the certification number of the local farm enterprise.

C. The Central Directory may include other information the Office considers necessary or appropriate to encourage participation in the procurement process by Certified Local Farm Enterprises.

D. The Central Directory:

(1) Shall be continuously updated each year;

(2) Shall identify the date of certification for each local farm enterprise that has obtained certification during the previous calendar year;

(3) Shall include a list of all local farm enterprises that have become ineligible to participate in the Program in the previous calendar year because they have been decertified; and

(4) May not include any local farm enterprise that has a pending certification application.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.19.06 Procurement Solicitations.

A. To attain the Certified Local Farm Enterprise purpose under Regulation .01 of this chapter, a procurement agency shall set an overall Certified Local Farm Enterprise participation goal of 20 percent of the unit's total dollar value of all procurement contracts for food.

B. Prebid and Preproposal Conferences. When prebid or preproposal conferences are held, the procurement agency shall explain the Certified Local Farm Enterprise provisions of the solicitation, the documentation required, and their relationship to the determinations that will be made in connection with the evaluation process.

Cross References

15.01.19.07A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.19.07 Waiver.

A. An agency head may waive any of the provisions of Regulation .06 of this chapter for a sole-source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of those procedures.

B. If, for good reason, the apparent successful bidder or offeror is unable to achieve the overall Certified Local Farm Enterprise contract goal, the bidder or offeror shall submit to the procurement agency the following documentation in support of a waiver request:

(1) A detailed statement of the efforts made to utilize Certified Local Farm Enterprises;

(2) A detailed statement of the efforts made to contact and negotiate with Certified Local Farm Enterprises, including:

(a) The names, addresses, dates, and telephone and certification numbers of Certified Local Farm Enterprises contacted;

(b) A description of the information provided to Certified Local Farm Enterprises contacted regarding any solicitation; and

(3) A list of Certified Local Farm Enterprises found to be unavailable.

C. A procurement agency may only grant a waiver of a Certified Local Farm Enterprise contract goal upon a reasonable demonstration by the bidder or offeror that Certified Local Farm Enterprise participation was unable to be obtained, or was unable to be obtained at a reasonable price, and if the agency head or designee determines that the public interest is served by a waiver. In making a determination under this section, the agency head or designee may consider supply estimates, food prices, general market availability, and availability of Certified Local Farm Enterprises in the area where the food is to be supplied, other bids or offers substantiating significant variances between Certified Local Farm Enterprises and noncertified suppliers, and their impact on the overall cost of the contract to the State and any other relevant factor.

D. The Office may waive any of the requirements of this chapter for a sole-source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of the requirements in this chapter.

E. When a waiver is granted, one copy of the waiver determination and the reasons for the determination shall be kept by the Office.

F. Not later than July 31 of each year, the Office shall submit directly to the Board of Public Works an Annual Report of Waivers Granted under this regulation.

G. The report required under §F of this regulation shall contain the following information on those contracts where Certified Local Farm Enterprise goals are present and one or more waiver requests have been approved:

(1) The contract titles, numbers, and dates;

(2) The number of waiver requests received;

(3) The number of waiver requests granted; and

(4) Any other information specifically requested by the Board of Public Works.

H. The Board of Public Works shall:

(1) Retain a copy of the Annual Report of Waivers Granted; and

(2) Forward a copy of the Annual Report of Waivers Granted to the Senate Education, Health and Environmental Affairs Committee and the House Health and Government Operations Committee on or before October 1 of each year.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.19.08 Amendment of Procurement Bid.

A. If, at any time after submission of a bid or proposal and before execution of a contract, a bidder or offeror determines that a Certified Local Farm Enterprise listed on the Certified Local Farm Enterprise participation schedule has become or will become unavailable or ineligible to provide the food products required under the contract, then the bidder or offeror:

(1) Within 72 hours of making the determination, shall provide written notice to the procurement officer; and

(2) Within 5 business days of making the determination, may make a written request to the procurement officer to amend the Certified Local Farm Enterprise participation portion of the bid.

B. For purposes of this regulation, “ineligible” means a farm enterprise may not be counted toward meeting the goal of 20 percent of the unit's total dollar value of a procurement contract because the farm enterprise is no longer certified by the Office.

C. The request to amend the Certified Local Farm Enterprise participation shall include:

(1) An explanation of the reason for excluding the ineligible supplier;

(2) The name of each Certified Local Farm Enterprise that will substitute for the ineligible supplier; and

(3) A full description of the bidder's or offeror's efforts to substitute another Certified Local Farm Enterprise to supply the food that the unavailable or ineligible Certified Local Farm Enterprise would have supplied.

D. If a bidder or offeror cannot designate a substitute Certified Local Farm Enterprise for an ineligible supplier, the bidder or offeror’s bid may be disqualified.

E. If, during the term of a procurement contract, a Certified Local Farm Enterprise becomes decertified, the bidder or offeror shall designate within 30 calendar days a substitute Certified Local Farm Enterprise to complete the contract obligations.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.19.09 Compliance.

A. Each procurement agency is responsible for ensuring compliance with Certified Local Farm Enterprise participation goals.

B. To ensure compliance with Certified Local Farm Enterprise participation goals, each procurement agency shall:

(1) Verify that the Certified Local Farm Enterprises listed in the Certified Local Farm Enterprise participation contract are actually providing farm products and receiving required compensation; and

(2) Monitor and collect data on contractor compliance with Certified Local Farm Enterprise participation goals.

C. The contractor shall permit the procurement agency to inspect any relevant matter, including records.

D. Upon determining that a contractor did not make good faith efforts to comply with Certified Local Farm Enterprise participation goals, the procurement agency shall notify the contractor in writing of its findings and shall specify what corrective actions are required. The contractor shall initiate the corrective actions within 10 calendar days and complete them within the time specified by the procurement agency.

E. If a procurement agency determines that material noncompliance with local farm enterprise contract provisions exists and that the contractor refuses or fails to take the corrective action required by the procurement agency, then the following sanctions may be invoked:

(1) Termination of the contract;

(2) Referral to the Office of the Attorney General for appropriate action; or

(3) Initiation of any other specific remedy identified by contract.

F. Upon completion of any contract, the procurement agency shall:

(1) Prepare a report that compares the dollar value of the payments actually received by Certified Local Farm Enterprises with the dollar value of the amount that Certified Local Farm Enterprises were intended to have received under the contract's Certified Local Farm Enterprise participation goal; and

(2) Include in the report an explanation of any discrepancy.

G. A procurement agency may use any other compliance mechanism authorized by contract or this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.19.10 Reporting.

A. Within 90 days after the end of each fiscal year, each procurement agency shall report to the Office.

B. A report under this regulation for the preceding fiscal year shall:

(1) State the total number and value of procurement contracts for food, as applicable, between the procurement agency; and

(a) A Certified Local Farm Enterprise; or

(b) A primary contractor, showing the number and value of contracts that the primary contractor has with Certified Local Farm Enterprises;

(2) State the percentage that those procurement contracts for food in §B(1) of this regulation represents of the total number and value of procurement contracts for food awarded by the procurement agency;

(3) State the total number and the names of Certified Local Farm Enterprises that participated in procurement contracts for food awarded by the procurement agency; and

(4) For each Certified Local Farm Enterprise included in the report under §B(3) of this regulation, list all procurement contracts for food awarded by the procurement agency to the Certified Local Farm Enterprise or a vendor who has contracted with a Certified Local Farm Enterprise, including a description of the contract.

C. Reports required by this regulation shall be:

(1) In a form prescribed by the Office; and

(2) Approved by the Board of Public Works.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective December 16, 2021 (49:2 Md. R. 76); adopted permanently effective April 4, 2022 (49:7 Md. R. 469)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland

15.01.20 Urban Agriculture Water and Power Infrastructure Grant Program

COMAR 15.01.20.01 General.

This chapter establishes the Urban Agriculture Water and Power Infrastructure Grant Program. The purpose of the Program is to increase the viability of urban farming and community and to improve access to urban-grown foods.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.02 Definitions.

A In this chapter, the following terms have the meaning indicated.

B Terms Defined.

(1) “Department” means Maryland Department of Agriculture.

(2) “Eligible cost” means a cost that the Department determines is necessary for the purchase and installation of:

(a) Water meters;

(b) Water pipes;

(c) Irrigation hoses;

(d) Electric meters;

(e) Electric lines; or

(f) Any other equipment associated with water supply and irrigation or electric power access that may be required to provide water or electrical power to operation.

(3) “Farm product” means:

(a) Any agricultural, horticultural, vegetable, or fruit product of the soil, whether raw or canned, frozen, dried, pickled, or otherwise processed;

(b) Livestock, meats, marine food products, poultry, eggs, or dairy products;

(c) Wool, hides, feathers, nuts, or honey; or

(d) Any product of farm, forest, orchard, garden, or water.

(4) “Program” means the Urban Agriculture Water and Power Infrastructure Grant Program.

(5) “Project” means the installation of equipment associated with water supply and irrigation or electric power access to provide water or electrical power to a farm or community garden in an urban area.

(6) “Qualified nonprofit organization” means a nonprofit organization that is organized and operated exclusively for exempt purposes under §501(c)(3) of the Internal Revenue Code and operates a farm or community garden in an urban area.

(7) “Urban agricultural producer” means any person that:

(a) Annually produces farm products in an urban area; and

(b) Sells, plans to sell, or normally would have sold at least $1,000 annually of farm products produced from a farming operation.

(8) “Urban area” means an area of the State delineated as an urban area by the U.S. Census Bureau set forth in “Urban Area Criteria for the 2020 Census—Final Criteria”, at 87 Federal Register 16706 (March 24, 2022).

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.03 Eligibility.

An urban agricultural producer or qualified nonprofit organization is eligible to apply for financial assistance under the Program to install equipment associated with water supply and irrigation or electric power access to provide water or electrical power to a farm or community garden in an urban area.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.04 Application Procedures.

A person who applies for cost-sharing funds under the Program shall submit to the Department the following:

A. An application on a Department form, including a project narrative describing the proposed project, which shall include an approximate total project cost figure based on all eligible costs;

B. A map identifying the project location, street address and parcel boundaries of the operation;

C. For a nonprofit organization:

(1) A favorable determination letter from the Internal Revenue Service that the organization meets the requirements of §501(c)(3) of the Internal Revenue Code; and

(2) A letter of good standing with the State of Maryland Department of Assessments and Taxation;

D. Documentation supporting the sale or anticipated sale of at least $1,000 annually of farm products from the farming operation in the State;

E. Except for an individual applying on the individual’s own behalf, documentation establishing that person’s authority to sign on behalf of the organization on all matters related to the Program; and

F. A completed Current Nutrient Management Plan Certification form or Nutrient Management Plan Waiver, as applicable.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.05 Application Review and Approval.

A. Department Approval or Disapproval of Application.

(1) If the Department approves a project, it shall base the amount of State cost-sharing funds on:

(a) The eligibility of the applicant; and

(b) The lack of existing water or power infrastructure to the operation.

(2) Department shall disapprove an application for any of the following reasons:

(a) The application is incomplete or does not comply with these regulations;

(b) The applicant’s land is not used for agricultural purposes;

(c) The application is for a project which is already under construction; or

(d) No funds are available.

B. Within 30 days, the Department shall notify the applicant if an application is approved. If the application has been approved, the Department shall inform the applicant of the estimated State cost-sharing amount for the project and the applicant’s required matching amount. If the application has not been approved, the Department shall inform the applicant of the reason it has been denied.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.06 Cost-Sharing Agreement.

A. The Department and the applicant shall execute an agreement. The agreement, among other things, shall obligate the applicant to:

(1) Establish, construct, or install utilities in accordance with the jurisdictions permit specifications;

(2) Maintain the utility for at least five years from date of completion;

(3) Bind any successor in title for the life of the project as specified in the agreement; and

(4) Provide any required funds for the project.

B. Before the Department executes a cost-sharing agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and conditions of the agreement.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.07 Project Establishment.

A. After all parties execute a cost-sharing agreement, an applicant shall begin the approved project.

B. The applicant shall be responsible for all steps in completing the project, including, but not limited to, obtaining any necessary permits and the services of contractors or obtaining any necessary materials or equipment to complete project construction.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.08 Distribution of Cost-Sharing Funds.

A. The applicant who executes a cost-sharing agreement shall be paid in accordance with the following payment schedule:

(1) Upon receipt of all required construction permits, up to 25 percent of the estimated costs as outlined in the cost-sharing agreement;

(2) Upon commencement of construction, up to 50 percent of estimated costs as outlined in the cost-sharing agreement minus any payment made previously; and

(3) Upon completion of project and satisfactory final inspection, 87.5 percent of realized eligible costs minus any payments made previously.

B. Except for payments described in §A(1) and (2) of this regulation, the applicant shall document all eligible costs on an itemized statement. Each itemized cost shall be supported by payment receipts or unpaid invoices from vendors. Each receipt shall be signed by the person who executes a cost-sharing agreement and certified that each cost is true and correct to the best of that person's knowledge. Each payment receipt or unpaid invoice shall show the following:

(1) Vendor names;

(2) Type of material, labor, or equipment used on the project; and

(3) The unit cost paid for the item, the total amount paid to the vendor, and the date payment was received.

C. The applicant shall complete and submit to the Department a departmental claim for payment form for each scheduled payment outlined in §A of this regulation.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.09 Project Monitoring.

After the Department has distributed cost-sharing funds, the Department shall monitor projects to see if they are maintained in accordance with the agreement. Any violations shall be documented on a departmental form, a copy of which shall be provided to the applicant.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.10 Failure to Establish or Maintain Project or to Have or Comply with Nutrient Management Plan.

A. If the applicant fails to establish, install, construct, or maintain the project in accordance with any agreement executed with the Department, that applicant shall be liable for the full amount of State cost-sharing funds paid for any practice that was not implemented or maintained. However, the applicant is not liable for inadequate maintenance or destruction of a best management practice if caused by an act of nature that could not be reasonably anticipated.

B. If the applicant is required to have a nutrient management plan under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland, and fails to obtain a nutrient management plan or to comply with this plan, the Department may require repayment of the cost-sharing funds it paid towards installation of the project.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland
COMAR 15.01.20.11 Administrative Reporting.

The Department shall submit a report to the Governor, the Senate Budget and Taxation Committee, and the House Appropriations Committee on the effectiveness of the funding provided for the Program by October 15 of each year.

History

  • Administrative History: Effective date: April 17, 2023 (50:7 Md. R. 302)
  • Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland

15.01.21 Urban Agriculture Grant Program

COMAR 15.01.21.01 General.

This chapter establishes the Urban Agriculture Grant Program. The purpose of the Program is to:

A. Increase the viability of urban farming; and

B. Improve access to urban-grown foods.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland
COMAR 15.01.21.02 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) “Department” means Maryland Department of Agriculture.

(2) “Eligible Cost” means a cost:

(a) To secure real property, limited to 20 percent of the grant amount;

(b) To make capital improvements;

(c) For operating expenses, limited to 15 percent of the amount of the grant; or

(d) That maintains safe, environmentally sustainable, and socially responsible practices.

(3) “Farm product” means:

(a) Any agricultural, horticultural, vegetable, or fruit product of the soil, whether raw or canned, frozen, dried, pickled, or otherwise processed;

(b) Livestock, meats, marine food products, poultry, eggs, or dairy products;

(c) Wool, hides, feathers, nuts, or honey; and

(d) Every product of farm, forest, orchard, garden, or water.

(4) “Healthy Food Priority Area” means a census tract in which:

(a) At least 25 percent of the residents qualify as low-income according to the most recent U.S. Census Bureau survey; or

(b) Accessibility to supermarkets, grocery stores, or other sources of healthy affordable food, including fresh fruits and vegetables, is limited (which may be determined using measurements and indicators that can be found in the Food Access Research Atlas published by the USDA Economic Research Service).

(5) “Program” means the Urban Agriculture Grant Program.

(6) “Qualified nonprofit organization” means a nonprofit organization that is organized and operated exclusively for exempt purposes under §501(c)(3) of the United States Code and operates a farm or community garden in an urban area.

(7) “Safe, environmentally sustainable, and socially responsible practices” include those that:

(a) Aim to minimize negative impacts on the environment such as practices that:

(i) Promote soil health;

(ii) Prevent soil erosion; and

(iii) Manage water resources (e.g., utilize efficient irrigation techniques such as drip irrigation);

(b) Ensure fair treatment of workers; and

(c) Support local communities by providing locally produced fruits and vegetables.

(8) “Socially disadvantaged urban farmer” means an urban agricultural producer who is a limited resource farmer (e.g., a farmer who has low household income and low gross farm sales), and may include a beginning farmer who is similarly situated.

(9) “Steward” means the owner of the land or a person who has control and possession of the land through a written lease.

(10) “Urban agricultural producer” means any person that annually sells, or normally would have sold, $1,000 or more of farm products in an urban area.

(11) “Urban area” means an area of the State that is:

(a) Delineated as an urban area by the U.S. Census Bureau; or

(b) Within the boundaries of a municipal corporation.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland
COMAR 15.01.21.03 Eligibility.

A. An urban agricultural producer is eligible to apply for financial assistance under the program provided the person:

(1) Is in compliance with the State’s Nutrient Management Law under Agriculture Article, §§8-801 et seq., Annotated Code of Maryland; and

(2) Agrees to complete a new farming training course, provides documentation of having completed a new farming training course, or participates in Department-approved continuing education programs.

B. A nonprofit organization or an institute of higher education is qualified to receive a grant if the Department determines that:

(1) With respect to a nonprofit organization, the nonprofit organization is incorporated in or maintains its principal place of business in an urban area;

(2) The entity will provide urban agricultural producers who receive grants under this Program direct training and ongoing technical assistance in accordance with a program certified by the U.S. Department of Agriculture or the Department; and

(3) The entity works to increase the viability of urban farming and improve access to urban-grown foods.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland
COMAR 15.01.21.04 Application Procedures.

A. A qualified applicant that applies for grant funds under the program shall submit to the Department the following:

(1) If the applicant is an urban agricultural producer:

(a) An application on a Department-produced form which shall include a budget estimate of the overall eligible costs;

(b) A map identifying the location of the operation including its street address and the parcel boundaries of the land on which the operation is situated;

(c) Documentation showing that the person annually sells, or would normally have sold, in an urban area at least $1,000 of farm products from the person’s farming operation;

(d) Except for an individual applying on the individual’s own behalf, documentation proving the applicant’s authority to sign on behalf of the organization on all matters related to the program;

(e) A completed Current Nutrient Management Plan Certification form or Nutrient Management Plan Waiver, as applicable; and

(f) A completed IRS Tax Form W-9.

(2) If the applicant is a non-profit organization or institution of higher education:

(a) An application based on a Department-approved form which shall include a budget estimate of the overall eligible costs; and

(b) For qualified nonprofit organizations:

(i) A current IRS Determination Letter indicating its §501(c)3 status under Title 26 of the United States Code; and

(ii) Evidence of good standing with the State of Maryland;

B. Use of Grant Funds.

(1) Limitations. A grant recipient may use a grant under this program to:

(a) Secure real property:

(i) That has established the necessary infrastructure to grow food;

(ii) For which the grantee is the steward of the real property; and

(iii) For which no more than 20 percent of the grant money will be used to secure property;

(b) Maintain safe, environmentally sustainable, and socially responsible practices; and

(c) Make capital improvements to support viable urban agriculture enterprises.

(2) To receive a grant under this program, the applicant shall demonstrate that the funds the person receives will provide a measurable community benefit including, but not limited to, improving local food access; and

(3) A grant recipient may not use more than 15 percent of the amount of the grant for operating expenses.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland
COMAR 15.01.21.05 Application Review and Approval.

A. The Department to Approve or Disapprove an Application.

(1) If the Department approves a project, it shall base the amount of State grant funds on:

(a) The eligibility of the applicant;

(b) Whether, and the degree to which, the project provides a benefit to socially disadvantaged urban farmers;

(c) Whether, and the degree to which, the project increases the viability of urban farming;

(d) Whether, and the degree to which, the project improves access to urban-grown foods; and

(e) Whether, and the degree to which, the project provides urban grown foods to urban areas designated as a Healthy Food Priority Area.

(2) The Department shall disapprove an application for any of the following reasons:

(a) The application is incomplete or does not comply with these regulations;

(b) The applicant’s land is not used for agricultural purposes;

(c) The application is for a project which is already under construction; or

(d) The Department has no available funds.

B. Within 30 days from receipt of an application, the Department shall notify the applicant whether the application has been approved and the amount of the grant funds awarded.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland
COMAR 15.01.21.06 Grant Agreement.

A. Urban Agricultural Producer.

(1) The Department and the applicant shall execute an agreement that, among other things, obligates the applicant to:

(a) Institute or install the project and to maintain it for the life of the project, that being, 5 years from the date of purchase or installation;

(b) Use, follow, or maintain items acquired under the grant as recommended by the manufacturer to promote safe, environmentally sustainable, and socially responsible practices;

(c) Maintain capital improvements as constructed or installed under the grant based on manufacturer’s recommendations for the life of the project as specified within this Agreement;

(d) Demonstrate that the project provides a measurable community benefit including, but not limited to, improving local food access; and

(e) If necessary, provide additional funds on balances to institute or install the project beyond the awarded funding.

(2) Before the Department executes a grant agreement with a farm tenant, the farm tenant shall obtain the landowner’s consent to proceed with the project as specified under the terms and conditions of the grant agreement.

B. Non-Profit Organization and Institutes of Higher Education. The Department and the applicant shall execute an agreement, that among other things, requires the entity to:

(1) Outline the curriculum for each course being offered;

(2) Outline each course being administered in-person, virtually, or combination of both; and

(3) Indicate the number of attendees that have received the Program’s assistance.

(4) Provide a final report to the Department within 90 days after the end of the grant cycle.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland
COMAR 15.01.21.07 Project Establishment.

A. After all parties execute a grant agreement, an applicant shall begin the approved project.

B. The applicant shall be responsible for all steps in completing the project, including, but not limited to, obtaining any necessary:

(1) Permits;

(2) The services of contractors to install or complete the project; or

(3) Materials or equipment to install or complete the project.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland
COMAR 15.01.21.08 Distribution of Grant Funds.

A. The applicant who executes a grant agreement shall be paid in accordance with the following payment schedule:

(1) Upon receipt of the approval letter, the person may request up to 50 percent of the award as outlined in the grant agreement;

(2) Upon submitting a Progress Report on a Departmental form as set forth in §B(1) of this regulation, the person may request up to 40 percent of the award as outlined in the grant agreement;

(3) Upon completion of the Final Progress Report on a Departmental form as set forth in §B(2) of this regulation, the remaining 10 percent of the award as outlined in the grant agreement can be requested for payment.

B. Reports.

(1) Progress Report. The Progress Report shall contain the following at a minimum:

(a) A narrative describing the work that has been completed thus far;

(b) A plan for remaining work to be completed;

(c) A summary of the project budget and schedule;

(d) A list of action items; and

(e) A narrative identifying any issues and risks, and what is being done to rectify them.

(2) Final Report. The Final Report shall contain the following at a minimum:

(a) A project summary narrative;

(b) A summary of how the project budget was utilized;

(c) Project Outputs (training events, outreach, sales of farm products and location of sales, etc.);

(d) Project Impacts (number of people benefitted/trained); and

(e) Any additional information requested by the Department.

C. The applicant shall document all eligible costs on an itemized statement. Each itemized cost shall be supported by payment receipts or unpaid invoices from vendors. Each receipt shall be signed by the person who executes a cost share agreement and certified that each cost is true and correct to the best of that person's knowledge. Each payment receipt or unpaid invoice shall show the following:

(1) Vendor, or vendors names and addresses;

(2) Type of material, labor, equipment, or item purchased; and

(3) The unit cost for the item, the total amount per item, and any payments made to the vendor.

D. The applicant shall complete and submit to the Department, utilizing a departmental claim for payment form, each scheduled payment outlined in §A of this regulation.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland
COMAR 15.01.21.09 Project Monitoring—Violations of Agreement.

A. After the Department has distributed grant funds, the Department shall monitor that purchases are utilized and maintained in accordance with the agreement. Any violations shall be documented on a departmental form, a copy of which shall be provided to the applicant.

B. If the applicant fails to comply with any portion of the agreement executed with the Department, that applicant shall be liable for the full amount of State grant funds paid. However, the applicant is not liable for inadequate maintenance or destruction of the items purchased if caused by an act of nature that could not be reasonably anticipated.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland
COMAR 15.01.21.10 Administrative Reporting.

The Department shall submit a report to the Governor, the Senate Budget and Taxation committee, and the House Appropriations Committee on the effectiveness of the funding provided for this Program by December 30 of each year.

History

  • Administrative History: Effective date: April 14, 2025 (52:7 Md. R. 325)
  • Administrative History: Regulation .02B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .04B amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .05A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Administrative History: Regulation .06A amended effective April 27, 2026 (53:8 Md. R. 356)
  • Authority: Agriculture Article, §§2-2001 et seq.; Annotated Code of Maryland

15.01.22 Class 4 Limited Winery License Exemption for Maryland-Grown Agricultural Products

COMAR 15.01.22.01 Purpose.

This chapter establishes the criteria and procedure for the Secretary to grant exemptions to Class 4 Limited Winery License applicants from the ingredient percentage requirement set forth in Alcoholic Beverages and Cannabis Article, §2-206(c)(2)(ii), Annotated Code of Maryland.

History

  • Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
  • Authority: Agriculture Article, §2-103; and Alcoholic Beverages and Cannabis Article, §2-206; Annotated Code of Maryland
COMAR 15.01.22.02 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) “Class 4 Limited Winery License holder” means a person who holds a Class 4 Limited Winery License that owns or has under contract less than 20 acres of Maryland-grown agricultural products in cultivation.

(2) “Maryland-grown agricultural product” means any product produced or cultivated on a farm or vineyard in the State other than cannabis or any other product containing tetrahydrocannabinol as defined in Alcoholic Beverages and Cannabis Article, §36-1102, Annotated Code of Maryland.

(3) “Secretary” means the Secretary of Agriculture.

History

  • Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
  • Authority: Agriculture Article, §2-103; and Alcoholic Beverages and Cannabis Article, §2-206; Annotated Code of Maryland
COMAR 15.01.22.03 Application for Exemption.

A. Time of Application. A Class 4 Limited Winery License holder may submit a written application to the Secretary requesting a 1-year exemption from the requirement set forth in Alcoholic Beverages and Cannabis Article, §2-206(c)(2)(ii), Annotated Code of Maryland, that at least 51 percent of the ingredients used in the annual production of the license holder’s wine are Maryland-grown agricultural products.

B. Decision on Application. Within 30 days after a completed exemption application is received pursuant to §A of this regulation, the Secretary shall issue a decision granting or denying the application.

C. Duration of Exemption. An exemption granted by the Secretary under this chapter shall be valid for 1 year following the date the application is granted by the Secretary.

History

  • Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
  • Authority: Agriculture Article, §2-103; and Alcoholic Beverages and Cannabis Article, §2-206; Annotated Code of Maryland
COMAR 15.01.22.04 Criteria and Basis for Granting Exemption.

A. Criteria. In deciding whether to grant a Class 4 Limited Winery holder’s request for an exemption under Regulation .03 of this chapter, the Secretary shall consider how the following events or factors may have affected the person within the year before filing the application:

(1) Weather disasters, including but not limited to excessive moisture, frost, winter kill, or hurricanes;

(2) Disease;

(3) Pest pressure;

(4) Chemical damage;

(5) Steps taken by the applicant to minimize the need for the requested exemption; and

(6) Any other event or factor that the Secretary deems relevant for deciding whether to grant an applicant’s request for a 1-year exemption from the ingredient percentage requirement set forth in Alcoholic Beverages and Cannabis Article, §2-206(c)(2)(ii), Annotated Code of Maryland, including, but not limited to, whether the Secretary:

(a) Determines that the event or factor is deemed to be one that was outside the control of the applicant; or

(b) Has previously granted the Class 4 Limited Winery License holder an exemption from the ingredient percentage requirement set forth in Alcoholic Beverages and Cannabis Article, §2-206(c)(2)(ii), Annotated Code of Maryland, and, if so, the number of times that the person has been granted this exemption.

B. Basis for Exemption. The Secretary may grant the Class 4 Limited Winery License holder’s request for an exemption if the person can demonstrate that:

(1) The failure to meet the ingredient percentage requirement set forth in Alcoholic Beverages and Cannabis Article, §2-206(c)(2)(ii), Annotated Code of Maryland, resulted from at least one of the events or factors identified in §A of this regulation; and

(2) Despite having taken reasonable steps to secure at least 51 percent of the ingredients used in the annual production of the licensed holder’s wine are Maryland-grown agricultural products, the Class 4 Limited Winery License holder is unable to meet the statutory percentage requirement.

C. The Secretary may deny a Class 4 Limited Winery License holder’s request for an exemption if the person has been granted an exemption for each of the previous 4 years.

History

  • Administrative History: Effective date: December 11, 2025 (52:24 Md. R. 1199)
  • Authority: Agriculture Article, §2-103; and Alcoholic Beverages and Cannabis Article, §2-206; Annotated Code of Maryland
COMAR 15.02.01 Board of Review Procedure [Repealed]

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective December 19, 1977 (4:27 Md. R. 2099); adopted permanently effective April 7, 1978 (5:7 Md. R. 524)
  • Administrative History: Regulation .03B amended effective January 22, 1990 (17:1 Md. R. 72)
  • Administrative History: Regulation .04A amended effective May 9, 1983 (10:9 Md. R. 793)
  • Administrative History: Regulation .04B amended effective January 22, 1990 (17:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed effective July 4, 2016 (43:13 Md. R. 713)

15.03.01 Commercial Weighing and Measuring Devices and Procedures for Testing Packaged Goods

COMAR 15.03.01.01 Specifications, Tolerances, and Technical Requirements for Commercial Weighing and Measuring Devices.

The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices used in the State are those adopted by the National Conference on Weights and Measures as published in National Institute of Standards and Technology Handbook 44, as amended, as provided under Agriculture Article, §11-203(c), Annotated Code of Maryland.

Cross References

15.03.04.03A(2)

History

  • Administrative History: Effective date: February 1, 1973
  • Administrative History: Regulation .01 amended effective January 7, 1991 (17:26 Md. R. 2977); July 20, 1992 (19:14 Md. R. 1285); June 7, 1993 (20:11 Md. R. 916); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); August 26, 1996 (23:17 Md. R. 1248); May 19, 1997 (24:10 Md. R. 712); June 29, 1998 (25:13 Md. R. 996); October 2, 2000 (27:19 Md. R. 1727)
  • Administrative History: Regulation .02 adopted effective January 7, 1991 (17:26 Md. R. 2977)
  • Administrative History: Regulation .02 amended effective October 2, 2000 (27:19 Md. R. 1727); August 5, 2002 (29:15 Md. R. 1143); March 6, 2023 (50:4 Md. R. 122)
  • Authority: Agriculture Article, §§11-203 and 11-206, Annotated Code of Maryland
COMAR 15.03.01.02 Procedures for Testing the Net Contents of Packaged Goods.

The procedures and statistical sampling techniques used by the Maryland Department of Agriculture to test packages for conformance with legal weights and measures standards in this State are those adopted by the National Conference on Weights and Measures as published in “NIST (National Institute of Standards and Technology) Handbook 133, 2020 Edition, Checking the Net Contents of Packaged Goods", which is incorporated by reference.

History

  • Administrative History: Effective date: February 1, 1973
  • Administrative History: Regulation .01 amended effective January 7, 1991 (17:26 Md. R. 2977); July 20, 1992 (19:14 Md. R. 1285); June 7, 1993 (20:11 Md. R. 916); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); August 26, 1996 (23:17 Md. R. 1248); May 19, 1997 (24:10 Md. R. 712); June 29, 1998 (25:13 Md. R. 996); October 2, 2000 (27:19 Md. R. 1727)
  • Administrative History: Regulation .02 adopted effective January 7, 1991 (17:26 Md. R. 2977)
  • Administrative History: Regulation .02 amended effective October 2, 2000 (27:19 Md. R. 1727); August 5, 2002 (29:15 Md. R. 1143); March 6, 2023 (50:4 Md. R. 122)
  • Authority: Agriculture Article, §§11-203 and 11-206, Annotated Code of Maryland

15.03.02 Packaging and Labeling

COMAR 15.03.02.01 Incorporation by Reference.

A. The following sections of NIST (National Institute of Standards and Technology) Handbook 130, 2022 Edition, are incorporated by reference:

(1) The section titled “Uniform Packaging and Labeling Regulation”; and

(2) The section titled “Examination Procedure for Price Verification”.

B. The requirements applicable to packaged commodities that are produced, kept, offered, or exposed for sale in this State are set forth in the section of Handbook 130 titled “Uniform Packaging and Labeling Regulation”.

C. The requirements applicable to examination procedures for price accuracy in retail stores in this State are set forth in the section of Handbook 130 titled “Examination Procedure for Price Verification”.

History

  • Administrative History: Effective date: February 1, 1973
  • Administrative History: Regulations .01—.13 repealed and new Regulation .01 adopted effective April 17, 2000 (27:7 Md. R. 706)
  • Administrative History: Regulation .01 amended effective August 5, 2002 (29:15 Md. R. 1143); March 6, 2023 (50:4 Md. R. 122)
  • Authority: Agriculture Article, §§11-203 and 11-207, Annotated Code of Maryland

15.03.03 Method of Sale of Commodities

COMAR 15.03.03.01 Application.

These regulations govern the methods and quantity terms to be employed in the representation, advertisement, and sale of some specific commodities and the advertisement of all commodities relative to use of posted prices. (Agency note: For packaging and labeling requirements refer to the Maryland Packaging and Labeling Regulations.)

History

  • Administrative History: Effective date: February 1, 1973
  • Administrative History: Regulation .04 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 adopted effective July 13, 1997 (24:14 Md. R. 1014)
  • Authority: Agriculture Article, §11-304(c), Annotated Code of Maryland
COMAR 15.03.03.02 All Commodities.

If an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, every element of the fraction shall be prominently displayed, and the numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of any numeral representing the whole cents.

History

  • Administrative History: Effective date: February 1, 1973
  • Administrative History: Regulation .04 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 adopted effective July 13, 1997 (24:14 Md. R. 1014)
  • Authority: Agriculture Article, §11-304(c), Annotated Code of Maryland
COMAR 15.03.03.03 Sale from Bulk.

Except as otherwise provided for in Agriculture Article, §§11-308, 11-316, and 11-505, Annotated Code of Maryland, whenever the quantity is determined by the seller, bulk sales in excess of $20, and all bulk deliveries of heating fuel, shall be accompanied by a delivery ticket containing at least the following information:

A. The name and address of the vendor and purchaser;

B. The date delivered;

C. The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;

D. The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale;

E. The count of individually wrapped packages, if any, and if more than one.

History

  • Administrative History: Effective date: February 1, 1973
  • Administrative History: Regulation .04 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 adopted effective July 13, 1997 (24:14 Md. R. 1014)
  • Authority: Agriculture Article, §11-304(c), Annotated Code of Maryland
COMAR 15.03.03.04 Food Products.

A. Berries and Small Fruits. Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 pint, 1 pint, or 1 quart, dry measure, provided that the labeling requirements of Regulations .03, .05, and .06 of COMAR 15.03.02 (Packaging and Labeling) may not apply to these containers.

B. Butter, Oleomargarine, and Margarine. Butter, oleomargarine, and margarine shall be offered and exposed for sale and sold by weight.

C. Flour, Corn Meal, and Hominy Grits. Wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, corn flour, corn meal, and hominy grits, whether enriched or not, shall be packaged, kept, offered, or exposed for sale, and sold by weight.

D. Meat, Poultry, and Seafood.

(1) Except for immediate consumption on the premises where sold, or as one of two or more different elements, excluding condiments, that comprise a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, or cooked and ready-to-eat whole chicken or chicken parts that are prepared on the premises, all meat, meat products, poultry, and all seafood except shell fish offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight.

(2) When meat, poultry, or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, the food product or combination shall be offered or exposed for sale, and sold by weight. The quantity representation may be the total weight of the product or combination and a quantity representation is not required for each element of the product or combination.

E. Fluid Dairy Products. All fluid dairy products, including whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk shall be sold by fluid volume.

F. Other Milk Products. Cottage cheese, cottage cheese products, sour cream, and yogurt shall be sold by weight.

G. Ice Cream and Similar Frozen Desserts.

(1) Ice cream, ice milk, frozen custard, frozen yogurt, sherbet, and similar products shall be kept, offered, or exposed for sale, and sold by fluid volume.

(2) Frozen yogurt shall be sold or offered for sale by weight, whether or not combined with other condiments, if the amount of the frozen yogurt to be purchased is:

(a) Determined by the purchaser; and

(b) Dispensed by the purchaser.

H. Pickles. The declaration of net quantity of contents on pickles and pickle products, including relishes but excluding one or two whole pickles in a transparent wrapping which may be declared by count, shall be expressed in terms of fluid measure. Sales of pickles from bulk may be by count. (See COMAR 15.03.02.06C(2)(c)).

I. Ice. The declaration of net quantity for ice, whether in block, cubes, flaked, crushed or other form, shall be expressed in terms of weight.

History

  • Administrative History: Effective date: February 1, 1973
  • Administrative History: Regulation .04 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 adopted effective July 13, 1997 (24:14 Md. R. 1014)
  • Authority: Agriculture Article, §11-304(c), Annotated Code of Maryland
COMAR 15.03.03.05 Nonfood Products.

A. Coatings. Asphalt paints, coatings sold in a viscous state, and plastics shall be sold in terms of liquid measure.

B. Softwood Lumber.

(1) Softwood lumber applies to softwood boards, timbers, and dimension lumber that have been dressed on four sides, but may not apply to rough lumber, to lumber that has been matched, patterned, or shiplapped, or to lumber remanufactured or joined so as to have changed the form or identity, such as individual, assembled, or packaged millwork items.

(2) Definitions.

(a) “Boards” means lumber 11/4 inches or less in actual thickness and 1 1/2 or more inches in actual width. Boards less than 5 1/2 inches in actual width may be classified as strips.

(b) “Dimension lumber” means lumber from 1 1/2 inches to, but not exceeding, 4 1/2 inches in actual thickness, and 1 1/2 or more inches in actual width. Dimension lumber may be classified as framing, joists, planks, rafters, studs, small timbers, etc.

(c) “Dressed (surfaced) lumber” means lumber that has been dressed (or surfaced) for the purpose of attaining smoothness of surface and uniformity of size.

(d) “Grade” means the commercial designation assigned to lumber meeting specifications established by a nationally recognized grade rule writing organization.

(e) “Matched lumber” means lumber that has been worked with a tongue on one edge of each piece and a groove on the opposite edge to provide a close tongue-and-groove joint by fitting two pieces together. When end-matched, the tongue and groove are worked in the ends also.

(f) “Minimum dressed sizes (width and thickness)” means the standardized width and thickness at which lumber is dressed when manufactured in accordance with Table 1.

(g) “Patterned lumber” means lumber that is shaped to a pattern or to a molded form, in addition to being dressed, matched, or shiplapped, or any combination of these workings.

(h) “Representation” means any advertisement, offering, invoice, or the like that pertains to the sale of lumber.

(i) “Rough lumber” means lumber that has not been dressed but which has been sawed, edged, and trimmed at least to the extent of showing saw marks in the wood on the four longitudinal surfaces of each piece for its overall length.

(j) “Shiplapped lumber” means lumber that has been worked or rabbeted on both edges of each piece to provide a close-lapped joint by fitting two pieces together.

(k) “Softwood lumber,” for the purpose of this regulation, means lumber produced from the cedar, fir, hemlock, juniper, larch, pine, redwood, spruce, tamarack, and yew species groups of trees.

(l) “Species” means the commercial name assigned to a species of trees.

(m) “Species group” shall be the commercial name assigned to two or more individual species having similar characteristics.

(n) “Timbers” means lumber 4 1/2 or more inches in least actual dimension. Timber may be classified as beams, stringers, posts, caps, sills, girders, purlins, etc.

(3) Identity. Representations shall include a declaration of identity that specifies the grade or grades, species or species group, and whether the lumber is unseasoned (green) or dry.

(4) Quantity. Representations shall be in terms of the number of pieces, the minimum dressed width and thickness, the length of individual pieces or the lineal footage, except that:

(a) The use of nominal dimensions shall be allowed when used in conjunction with the required minimum dressed sizes and actual length;

(b) With respect to all invoices, a table of minimum dressed sizes may appear on the reverse side of the invoice, so long as appropriate reference to the table is prominently and conspicuously shown on the face of the invoice.

Table 1 Softwood Lumber Sizes

Minimum standard dressed sizes at the time of manufacture for both unseasoned (green) and dry lumber.

| Product Classification (Nominal Size) | Minimum Dressed Sizes (See Note 2) | | | --- | --- | --- | | Unseasoned | Dry | | | Inches | Inches | Inches | | Dimension Lumber | | | | 2 x 4 | 1-9/16 x 3-9/16 | 1 1/2 x 3-1/2 | | 2 x 6 | 1-9/16 x 5-5/8 | 1 1/2 x 5-1/2 | | 2 x 8 | 1-9/16 x 7-1/2 | 1 1/2 x 7-1/4 | | 2 x 10 | 1-9/16 x 9-1/2 | 11/2 x 9-1/4 | | 2 x 12 | 1-9/16 x 11-1/2 | 11/2 x 11-1/4 | | (See Agency note 1) | | | | Board Lumber | | | | 1 x 4 | 25/32 x 3-9/16 | 3/4 x 3-1/2 | | 1 x 6 | 25/32 x 5-5/8 | 3/4 x 5-1/2 | | 1 x 8 | 25/32 x 7-1/2 | 3/4 x 7-1/4 | | 1 x 10 | 25/32 x 9-1/2 | 3/4 x 9-1/4 | | 1 x 12 | 25/32 x 11-1/2 | 3/4 x 11-1/4 |

Agency note 1. The dry thicknesses of nominal 3 inch and 4 inch lumber are 2 1/2 inches and 3 1/2 inches. Unseasoned thicknesses are 2-9/16 inches and 3-9/16 inches. Widths for these thicknesses are the same as shown above.

Agency note 2. Dry lumber is defined as being 19 percent or less in moisture content and unseasoned lumber as being over 19 percent moisture content.

C. Peat and Peat Moss.

(1) Peat and peat moss applies only with respect to organic matter of geological origin, excluding coal and lignite, originating principally from dead vegetative remains through the agency of water in the absence of air and occurring in a bog, swampland, or marsh, and containing an ash content not exceeding 25 percent on a dry-weight basis (dried in an oven at 105° C (221°F) until no further weight loss can be determined).

(2) Declaration of Quantity. The declaration of quantity of peat and peat moss shall be expressed in weight units or in cubic-measure units.

(3) Units.

(a) Weight. Peat and peat moss sold in terms of weight shall be offered and exposed for sale only in kilograms or pounds, or both.

(b) Cubic Measure. Peat and peat moss sold in terms of cubic measure shall be offered and exposed for sale only in liters or cubic feet, or both. If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the compressed state.

D. Roofing and Roofing Material.

(1) Roofing and roofing material shall be sold either by the square or by the square foot only.

(2) Definitions.

(a) “Square” means the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover an area of 100 square feet exclusive of side laps or side joints, provided that, in the case of roofing or roofing material of corrugated design, the side lap or side joint shall be one full corrugation.

(b) “Square foot” means the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover 1 square foot (144 square inches) exclusive of side laps or side joints.

(3) Declaration of Quantity.

(a) When the declaration of quantity on a package of roofing or roofing material contains the term “square,” it shall include, plainly and conspicuously, a numerical definition of the term “square”; for example, “One square covers 100 square feet of roof area.”

(b) Common Fractions. The use of the common fraction 1/3 is specifically authorized in the quantity statement of a package of roofing or roofing material when, and only when, used as the common fraction of the “square.”

(c) Quantity Statement. The primary declaration shall only be in terms of a square or square feet. There is no prohibition against the use of supplementary quantity declarations, such as shingle dimensions, but the weight of the material may not be stated or implied. However, the use of numerical descriptions for rolls of felt roofing material may continue to be used.

E. Sealants. Caulking compounds, glazing compounds, and putty shall be sold in terms of liquid measure, except that rope caulk shall be sold by weight.

F. Fireplace and Stove Wood.

(1) Definitions.

(a) “Cord” means the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. For the purposes of this section, “ranked and well stowed” means when pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner.

(b) “Fireplace and stove wood” means any kindling, logs, boards, timbers or other wood, natural or processed, split or not split, advertised, offered for sale or sold for use as fuel.

(c) “Flavoring chips” means any kindling, boards, timbers, or other natural or processed, split or unsplit wood that is advertised, offered for sale, or sold for flavoring smoked or barbequed foods.

(d) “Representation” means any advertisement, offering, invoice, or the like that pertains to the sale of fireplace or stove wood.

(e) “Species group” means the commercial name assigned to two or more individual species having similar characteristics (example: oak, hickory, pine, poplar, etc.).

(2) Identity. Representations shall include a declaration of identification that indicates the species group and whether the wood is unseasoned (green) or dry. A representation of two or more species groups shall indicate, within 10 percent accuracy, the percentages of each group.

(3) Quantity.

(a) Fireplace and stovewood shall be advertised, offered for sale, and sold only by measure, using the term “cord” and fractional parts of a cord.

(b) Packaged Natural Wood. Natural wood offered for sale in packaged form in quantities less than 1/8 cord (16 cubic feet) shall display the quantity in terms of cubic feet including fractions of cubic feet or cubic meters including fractions of cubic meters.

(c) Artificial Compressed or Processed Logs. A single fireplace log shall be sold by weight. Packages of these individual logs shall be sold by weight plus count.

(d) Stovewood Pellets or Chips. Pellets or chips not greater than 6 inches (15 centimeters) in any dimension shall be sold by weight. This requirement does not apply to flavoring chips.

(e) Flavoring Chips. Flavoring chips shall be sold by volume.

(4) Prohibition. The terms “face cord,” “rack,” “pile,” “truck load,” or terms of similar import may not be used when advertising, offering for sale, or selling wood for use as fuel.

(5) Delivery Ticket or Sales Invoice. A delivery ticket or sales invoice shall be presented by the seller to the purchaser whenever any nonpackaged fireplace or stovewood is sold. The delivery ticket or sales invoice shall contain at least the following information:

(a) The name and address of the vendor;

(b) The name and address of the purchaser;

(c) The date delivered;

(d) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;

(e) The price of the amount delivered; and

(f) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale.

G. Sod.

(1) Application. For the purpose of this regulation this section shall apply to all sod, including turf sod, turf plugs and turf sprigs.

(2) Definitions.

(a) “Sod” means “turf sod”, “turf plugs”, or “turf sprigs” of a single kind or variety or a mixture of kinds and varieties.

(b) “Turf” means a live population of one or more kinds of grasses, legumes, or other plant species used for lawns, recreational use, soil erosion control, or other purposes.

(c) “Turf plug” means a small section cut from live turf of those kinds of turf normally vegetatively propagated (such as zoysia grass), which, when severed, contains sufficient plant material to remain intact.

(d) “Turf sod” means a strip or section of live turf which, when severed, contains sufficient plant material to remain intact.

(e) “Turf sprig” means a live plant, stolon, crown, or section cut from perennial plants used as turf.

(3) Quantity.

(a) Sod shall be advertised, offered for sale, and sold by measure or by a combination of count and measure as prescribed by this section.

(b) Turf Sod. Turf sod shall be advertised, offered for sale, and sold in terms of square feet or square yards, as appropriate.

(c) Turf Plugs. Turf plugs shall be advertised, offered for sale, and sold in terms of count, combined with a statement of surface area dimension (example: "100 plugs, 2 inch diameter").

(d) Turf Sprigs. Turf sprigs shall be advertised, offered for sale, and sold in terms of the United States bushel or fractions thereof. (Agency note: Refer to Regulations .02B, C, D, H, .06B, C, F, and G of COMAR 15.03.02. In addition, refer to regulations pertaining to the Maryland Turf Grass Law.)

History

  • Administrative History: Effective date: February 1, 1973
  • Administrative History: Regulation .04 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 adopted effective July 13, 1997 (24:14 Md. R. 1014)
  • Authority: Agriculture Article, §11-304(c), Annotated Code of Maryland
COMAR 15.03.03.06 Home Food or Nonfood Service Plan Sales.

A. Definitions. In this regulation, the following terms have the meanings indicated:

(1) Buyer.

(a) “Buyer” includes both the actual and prospective buyer.

(b) “Buyer” does not include persons buying for resale.

(2) “Contract” means all of the buyer's written agreements at the time of sale relating to the purchase of a home food service plan, except promissory notes or other financing agreements.

(3) “Food item” means each edible product sold as part of a home food service plan, including, but not limited to, each constituent part or kind of meat cut from a primal source, each kind of whole poultry or poultry part, seafood products, and other similar products.

(4) “Home food service plan” means the offering for sale to a consumer, in the consumer's home, of any food item, or food item in combination with any nonfood item or services, or both, whether or not a membership fee or similar charge is involved.

(5) Nonfood Item.

(a) “Nonfood item” means each inedible product sold as part of a home food service plan, including, but not limited to, paper products, health and beauty products, detergents, cleaners and disinfectants, rolls of wrapping, and similar products.

(b) “Nonfood item” does not include food items and durable consumer goods such as appliances.

(6) “Primal source” means the following cuts:

(a) Round, flank, loin, rib, plate, brisket, chuck, and shank for beef;

(b) Leg, flank, loin, rack (rib), and shoulder for veal and lamb or mutton; and

(c) Belly, loin, ham, spareribs, shoulder, and jowl for pork.

(7) “Seller” means a person, partnership, corporation, or association, however organized, engaged in the sale of a home food service plan.

(8) “Service charge” means the total price for any additional features, services, and processing associated with the purchase of a home food service plan, whether stated in terms of membership fees or otherwise.

(9) “Unit price” means the price of a food or nonfood item sold as part of a home food service plan, computed to the nearest 0.1 cent when less than $1, and to the nearest cent when $1 or more. The unit price, exclusive of any service charge or charges, is expressed in terms of the price per unit of weight, measure, or count.

B. Contract and Disclosure Requirements.

(1) At the time of sale, or before the sale as required by this section, the seller shall provide the buyer with a written agreement, which shall clearly and conspicuously disclose the following:

(a) The name, address, and telephone number of the seller and the name and address of the buyer;

(b) The date of the contract;

(c) The price of the food and nonfood items of the home food service plan;

(d) The service charge or the price of any service charges associated with the home food service plan;

(e) The total price of the home food service plan including the price of the food and nonfood items, and the price of any service charge; and

(f) For sales with a purchase price of $25 or more solicited by the seller, a statement that the buyer has the right to cancel the home food or nonfood service plan contract until midnight of the third business day after the date on which the buyer executed the contract.

(2) The seller shall comply also with all applicable disclosure requirements of the Door-to-Door Sales Act, Commercial Law Article, Title 14, Subtitle 3, Annotated Code of Maryland. The seller may give the buyer either a separate notice of cancellation or have a detachable notice of cancellation in the agreement. The notice shall be in 10-point boldface type. A separate boldfaced statement of the right to cancel shall be near the buyer's signature. The seller shall orally inform the buyer of the right to cancel.

(3) In addition to the disclosures required in §B(1) and (2) of this regulation, the following disclosures shall be given to the buyer in a single document before entering into any written agreement:

(a) A written list of all food and nonfood items to be sold, which shall include:

(i) The identity of each unit and, if applicable, the United States Department of Agriculture quality grade of the item if graded, the primal source, and the brand or trade name,

(ii) The quantity of each item sold,

(iii) The estimated service size by net weight of each piece of meat, poultry, and seafood item offered for sale under the home food service plan, provided that the estimates may not differ from the actual weight at the time of delivery by more than 5 percent, and that the dollar value of the meat, poultry, and seafood items delivered is equal to or greater than that represented to the buyer, and

(iv) The net weight, measure, or count of all other food and nonfood items offered for sale;

(b) A current unit price list stating:

(i) In dollars and cents, the price per kilogram or pound or other appropriate unit of measure,

(ii) The total sale price of each item to be delivered, and

(iii) Clearly and conspicuously whether there are additional costs disclosed in the written agreement relating to any service charges associated with the purchase of the home food service plan;

(c) If a membership is sold, a written statement of all terms, conditions, benefits, and privileges applicable to the membership; and

(d) If a service charge is included, a written statement specifically identifying the service or services provided and the price charged.

(4) The seller shall provide information about the identity of each unit, quantity, weight, and unit price for each item in close proximity to one another. All disclosures shall be made clearly and conspicuously in a manner likely to be seen and understood by the consumer.

C. Delivery.

(1) At the time of delivery, the seller shall provide a receipt to the buyer.

(2) The buyer shall sign the receipt.

(3) The receipt shall disclose the following information:

(a) The identity of the item, and the net quantity of the contents in terms of weight as specified in §B(3)(a)(iii) of this regulation, measure, or count; and

(b) The unit price and total sales price of each food and nonfood item, which shall be the same as that specified on the unit price list given to the buyer at the time of sale.

D. Advertisement of Home Food or Nonfood Service Plans. A person who advertises a home food or nonfood service plan that discloses item pricing information shall set forth, in a clear and conspicuous manner, and not less prominently than for the item pricing information, any service charges or other additional costs associated with the purchase of the home food service or nonfood service plan.

History

  • Administrative History: Effective date: February 1, 1973
  • Administrative History: Regulation .04 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 adopted effective July 13, 1997 (24:14 Md. R. 1014)
  • Authority: Agriculture Article, §11-304(c), Annotated Code of Maryland

15.03.04 Farm Milk Tanks

COMAR 15.03.04.01 Scope.

A. This chapter applies to farm milk tanks that are:

(1) Located on the premises of the producer; and

(2) Used, or to be used, under an express agreement between the producer and the purchaser for the commercial measurement of milk.

B. This chapter does not apply to farm milk tanks that are mounted on highway vehicles.

C. This chapter does not apply if a fluid meter is used for the commercial measurement of milk. In this situation, the specifications, tolerances, and requirements specified in the National Institute of Standards and Technology Handbook 44, Section 3.35, apply.

History

  • Administrative History: Effective date: October 1, 1965
  • Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .04 repealed effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Authority: Agriculture Article, §§11-204 and 11-402, Annotated Code of Maryland
COMAR 15.03.04.02 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. Farm Milk Tank.

(1) “Farm milk tank” means a unit for measuring milk or other fluid dairy products, whether stationary or portable. It shall be considered suitable for commercial use only when it comprises:

(a) A vessel, whether or not equipped with means for cooling its contents;

(b) Means for reading the level-of-liquid in a tank, such as a removable gauge rod, surface gauge, or a gauge tube; and

(c) A chart for converting level-of-liquid readings to gallons or avoirdupois weight on the basis of 8.6 pounds per gallon.

(2) Each compartment of a subdivided tank shall, for the purpose of these regulations, be construed to be a “farm milk tank”.

C. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: October 1, 1965
  • Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .04 repealed effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Authority: Agriculture Article, §§11-204 and 11-402, Annotated Code of Maryland
COMAR 15.03.04.03 Specifications.

A. Manufacturers and installers of farm milk tanks and those using farm milk tanks shall comply with the specifications, tolerances, and other technical requirements specified in:

(1) This chapter; and

(2) The National Institute of Standards and Technology Handbook 44, Section 4.42, as provided under COMAR 15.03.01.01.

B. Design of Calibration Chart.

(1) The installer shall make calibration charts in triplicate with one for the purchaser of the tank, one for the purchaser of the milk, and one for the Secretary of Agriculture.

(2) The charts shall bear the following information:

(a) Manufacturer of the tank;

(b) Size of the tank;

(c) Model number;

(d) Serial number of the tank;

(e) Serial number of the rod;

(f) Name and address of the owner of the tank;

(g) Date of installation;

(h) Date of last calibration;

(i) Type of graduations on the rod;

(j) Purchaser of the milk; and

(k) Name of the person or firm who calibrated the tank.

History

  • Administrative History: Effective date: October 1, 1965
  • Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .04 repealed effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Authority: Agriculture Article, §§11-204 and 11-402, Annotated Code of Maryland
COMAR 15.03.04.04 Repealed.

History

  • Administrative History: Effective date: October 1, 1965
  • Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .04 repealed effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Authority: Agriculture Article, §§11-204 and 11-402, Annotated Code of Maryland
COMAR 15.03.04.05 Tolerances.

A. Application. The tolerances prescribed in this regulation shall be applied equally to errors in excess and errors in deficiency.

B. Minimum Tolerance Values. On a particular farm milk tank, the maintenance and acceptance tolerances applied may not be smaller than the smallest volume corresponding to a graduated interval at any point on the gauge rod or surface gauge.

C. Basic Tolerance Values. Basic maintenance and acceptance tolerance shall be as shown in Table 1. (The error at any liquid level of a farm milk tank is the difference between the gallonage shown for that level on the calibration chart and the corresponding gallonage by test. The tolerance is applied according to the volume of test liquid in the tank at each test draft, regardless of the nominal capacity of the tank.)

| Table 1 | | | --- | --- | | Basic Maintenance and Acceptance Tolerances for Farm Milk Tanks | | | Test Draft | Tolerance in excess and in deficiency | | | Gallons | | 250 or less | 1/2 | | 251 to 500, inclusive | 1 | | 501 to 1,000, inclusive | 2 | | 1,001 to 1,500, inclusive | 3 | | 1,501 to 2,000, inclusive | 4 | | Over 2,000 | 5 |

History

  • Administrative History: Effective date: October 1, 1965
  • Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .04 repealed effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Authority: Agriculture Article, §§11-204 and 11-402, Annotated Code of Maryland
COMAR 15.03.04.06 Storage of Gauge Rod.

Between periods of actual use for measuring, the producer shall keep the gauge rod stored at room temperature and may not place it inside a farm milk tank.

History

  • Administrative History: Effective date: October 1, 1965
  • Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .04 repealed effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Authority: Agriculture Article, §§11-204 and 11-402, Annotated Code of Maryland

15.03.05 Receiving, Weighing, Sampling and Testing of Milk or Other Fluid Dairy Products

COMAR 15.03.05.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: October 1, 1965
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.05.02 Permits, Licenses and Fees.

A. Receiving Station Permits.

(1) Stationary Receiving Stations. A permit is required for each stationary receiving station, such as any building, milk plant, or other non-mobile facility where milk and other fluid dairy products are received from the producer. Upon each permit application for a stationary receiving station, the applicant shall state, under oath, the average amount of milk or other fluid dairy products received daily during the 12-month period preceding the application. If the applicant did not purchase milk for the entire 12-month period, he will state the average amount received during the period when milk was purchased by him. If he purchased no milk during any portion of the previous 12 months, he will estimate his receipts for the period for which the permit is requested.

(2) Farm Milk Tank Truck—Mobile Receiving Station. A mobile receiving station shall be any milk tank truck, trailer, or semi-trailer which is used to receive the producer's milk on the farm. Each milk tank truck, trailer, or semi-trailer shall be considered a receiving station and each purchaser or receiver shall be required to hold a separate permit for each mobile receiving station. In addition to all other information required by the Secretary, the applicant shall state, under oath, the total capacity in gallons of each mobile receiving station for which a permit is required.

(3) Permit Fees.

(a) General. Each application for a permit shall be accompanied by a fee based on the average daily volume of milk or other fluid dairy products received, in the case of stationary receiving stations, and the total capacity of the carrying compartment(s) in the case of mobile receiving stations.

(b) Fee Determination.

(i) Stationary Receiving Stations.

(aa) Receiving milk and other fluid dairy products not exceeding 2000 pounds daily—$5

(bb) Receiving milk and other fluid dairy products exceeding 2000 pounds, but not exceeding 40,000 pounds daily—$10

(cc) Receiving milk and other fluid dairy products exceeding 40,000 pounds daily—$25

(ii) Mobile Receiving Stations.

(aa) Total capacity not exceeding 5000 gallons—$10

(bb) Total capacity exceeding 5000 gallons—$25

(4) Posting Permits.

(a) Stationary receiving station permits shall be conspicuously posted at the receiving station for which they are issued.

(b) Mobile receiving station permits shall be kept in the vehicle for which they are issued and shall be available for display and inspection at all times upon request by the Secretary.

(5) Permit Year. All receiving station permits shall be valid for 12 months or any fraction thereof beginning January 1 and expiring December 31 of the calendar year for which they are issued. Permits are not assignable or transferable.

B. Licenses.

(1) License Obtained by Examination. Every person weighing, measuring, sampling, or testing milk or other fluid dairy products for permit holders shall possess a license issued by the Secretary for that purpose. The license may be obtained by initiating an application and successfully completing any applicable examination required by the Secretary. After a person successfully completes the examination for a license to test and/or to weigh, measure, or sample, he shall receive written notification of that fact. Unless he applies for the license within a 2-year period from the date of examination, he shall be required to present himself for reexamination before being issued a license.

(2) License Renewal. Unless a person holding a valid license to test and/or to weigh, measure, and sample renews the license within 1 year after its expiration date, he shall be required to successfully complete an applicable examination prescribed by the Secretary before a current license may be issued.

(3) Farm Milk Tank Calibrator.

(a) Registration. All persons, not members of the Maryland Department of Agriculture, engaged in calibration of farm milk tanks located in the State shall be registered with the Secretary.

(b) License and Examination Required. All persons desiring to be registered as a farm milk tank calibrator shall initiate the prescribed action to obtain a license to weigh, measure, and sample as a minimum requirement, or obtain a license to weigh, measure, sample, and test. Examinations specifically for calibrators will, in addition to other material, contain subject matter directly related to farm milk tanks.

(4) License Year. All licenses shall be valid for 12 months or any fraction thereof beginning January 1 and expiring December 31 of the calendar year for which they are issued.

(5) Fees for Examination and License.

(a) Application and Examination Fee; General. Any person requesting an examination and initiating an application for a license to weigh, measure, sample and/or test milk or other fluid dairy products shall pay the prescribed fee.

(b) Application and Examination Fee; Cost. The application and examination fee shall be $1 for any person seeking a license to weigh, measure, and sample. The fee for any person seeking a license to weigh, measure, sample, and test shall be $1.50.

(c) License Fee. The fee for a license to weigh, measure, and sample shall be $2. The fee for a license to weigh, measure, sample, and test shall be $3.

History

  • Administrative History: Effective date: October 1, 1965
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.05.03 Equipment.

A. Glassware Calibration. There shall be a charge of 10 cents per item for milk test bottles, milk pipettes, and cream test bottles inspected and tested by the Secretary. There will be no charge for any equipment inspected and tested during routine laboratory inspections as required by Title 11, Agriculture Article, Annotated Code of Maryland.

B. Volumetric Field Test Measures. All volumetric measuring devices used for the calibration of farm milk tanks in Maryland shall be inspected, tested, and approved once each calendar year by the Secretary.

C. Farm Milk Tanks. Farm milk tanks shall conform to the specifications, tolerances, and other technical requirements of the National Bureau of Standards Handbook 44 and any amendments to it, except as otherwise stated in the Maryland Department of Agriculture regulations pertaining to farm milk tanks.

History

  • Administrative History: Effective date: October 1, 1965
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.05.04 Manner of Testing for Milk Fat Content.

Only procedures approved by the Association of Official Analytical Chemists or American Public Health Association and adopted or prescribed by the Secretary may be used. The Babcock Test or the automated light-scattering method for determining milk fat content of raw, unhomogenized milk are adopted as procedures for the determination of the milk fat content of milk as a basis of payment to producers.

History

  • Administrative History: Effective date: October 1, 1965
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.05.05 Samples.

A. Samples—General. The samples referred to in the Agriculture Article, §11-409, Annotated Code of Maryland, may be either fresh or time composite. Immediately before any sample is drawn from any container, the contents of the container from which it is drawn shall be thoroughly mixed for a minimum of 5 minutes. A weigh tank, farm milk tank, or other container from which a sample is to be drawn may not have any partition, division, or strainer which divides it, in any way, into more than one compartment. Each sample shall be put into a container of a type, labeled and stored in a manner, and at a temperature specified by the Secretary. Samples shall, at all times, be under the control of a person licensed as a weigher and sampler or as a weigher, sampler, and tester by the Secretary.

B. Sampling Procedures—Fresh Samples. When fresh samples (as opposed to time composite samples) are obtained for possible use as the basis of milk fat percentage determinations for producer payment, a representative sample shall be obtained and labeled in a manner approved by the Secretary. The representative sample will be drawn at the time milk is obtained from each producer's farm milk tank, but only by a person licensed under these regulations by the Secretary. A licensee will deliver the sample, with the producer's product, to the appropriate stationary receiving station.

C. Fresh Samples. When a permit holder or licensee uses fresh samples, a representative sample shall be tested at least 3 times each month for each producer. The sample shall be tested within a period of 1 day after being drawn, if possible, but never later than 3 days after initially being obtained by a licensee. The residue of the representative sample shall be held on the premises where tested in a manner to maintain it suitable for any testing by the Secretary for an additional period of not less than 2 working days. Fresh representative samples shall be of such size that the residue, for any test by the Secretary, shall be sufficient to make two tests. Samples obtained from milk delivered on consecutive days may not be used for tests in determining producer payments.

D. Fresh Sample Bottles. The sample bottle type for fresh samples may be of a proper style with screw-type, well-fitting, impervious caps or other approved style. Each sample container shall be clearly and distinctly marked with the producer's name or number.

E. Care of Fresh Samples. Samples shall be maintained, at all times, in an upright position and shall be refrigerated at a temperature not in excess of 40 degrees F or below a temperature which would result in freezing.

F. Sampling Procedures—Time Composite Samples. When using time composite samples as the basis of determination for producer payment, a representative fresh sample will be drawn at the time milk is obtained from each producer's farm milk tank and only by a person licensed by the Secretary in accordance with these regulations. A portion of the representative fresh sample shall be incorporated into an acceptable composite bottle and properly maintained at the appropriate stationary receiving station. The proportionate amount of the representative fresh sample incorporated into the composite bottle each day of shipment will be governed by the relative amount of milk shipped by the producer each day so that an accurate proportion will be established in the time composite sample.

G. Time Composite Samples. When using or developing time composite samples, a representative and correctly proportionate sample shall be taken from each delivery of each producer (as indicated in §F, above) and shall encompass a period of not more than 16 days. The samples shall contain the correct amount and kind of preservative prescribed by the Secretary. The time encompassed by these composite samples shall be the same for all producers at the same stationary receiving station. All time composite samples shall be tested within 3 working days following the close of the period encompassed by the samples. After all time composite samples have been tested, their residue shall be held on the premises where tested and in a manner to maintain them suitable for testing by the Secretary. These samples shall be held and properly maintained for a period of not less than 7 days. Time composite samples shall be of such adequate size that the residue for testing by the Secretary shall be sufficient for two tests.

H. Bottles for Time Composite Samples. Bottles used for time composite samples shall be clearly labeled with the name or number of the producer. The label shall be permanently attached to the bottle, or to the stopper provided the stopper is permanently attached to the bottle. Attaching the stopper to the bottle by means of a chain or collar is acceptable. Whenever time composite samples are used, the composite bottle shall be of more than sufficient capacity to contain the total volume of the daily proportionate amount of representative samples for the maximum number of days encompassed by the time composite sample. The composite bottle shall be of a type that can be tightly stoppered so as to prevent evaporation or the entrance of water and may not contain a recessed pouring lip. Stoppers shall be of rubber, glass, or other approved nonabsorbent material. Cork may not be used.

I. Preservation of Time Composite Samples.

(1) Time composite samples shall be preserved with the recommended quantity of mercuric chloride (corrosive sublimate) or another approved preservative. To aid in dissolving the preservative, necessarily used with a time composite sample, the sample shall be gently shaken or rotated when adding the first proportionate amount of the representative sample obtained from the producer.

(2) Thereafter, shaking will be avoided and held to a minimum upon the addition of the subsequent proportionate amounts of representative samples to prevent:

(a) Depositing cream on the walls of the container above the level of the sample; and

(b) Churning the sample.

(3) Since the addition of the preservative makes the milk somewhat more difficult to test, the tester should use additional precautions when testing preserved samples to insure proper test results.

J. Loss of Sample.

(1) Fresh Sample. When the fresh representative sample (as indicated in §B of this regulation) is destroyed or the test results are unsatisfactory, the next consecutive representative sample obtained should be tested.

(2) Time Composite Sample. When the time composite sample is destroyed or the results of the test are unsatisfactory, fresh representative samples from the next three consecutive shipments for every-other-day shippers (producers), or the next five shipments on an every-day basis shall be tested. The payment to the producer may then be adjusted in accordance with the average of the test of the fresh representative samples.

K. Unsatisfactory Product for Use as Samples or for Testing. Milk, cream, or other fluid dairy products which have been churned or frozen will not be acceptable for use in either fresh sample testing or time composite sample testing.

L. Cream.

(1) All cream shall be uniformly and thoroughly stirred before sampling.

(2) A permanent record shall be made of each producer's cream and the record shall show the:

(a) Date;

(b) Name or number of the producer;

(c) Quantity of cream, in pounds; and

(d) Test results.

(3) The person sampling the cream and keeping the required records shall be licensed by the Secretary in accordance with these regulations.

(4) When a producer has two or more containers of cream in any one delivery or shipment, a separate weight and test shall be made of each container.

(5) Composite samples may not be used in testing for fat content of cream when the results of the test are used for payment to the producers.

M. Testing Cream Samples. Representative samples of cream shall be tested within 24 hours after they have been obtained by a licensee. Subsequent to testing, the licensee shall retain a sufficient amount of the sample to permit at least two tests by the Secretary. These samples shall be held for 2 working days after the licensee has completed the test.

N. Test Methods for Cream Samples. When the Babcock method is used for testing cream, the following procedures are acceptable:

(1) To 9 grams of cream, add sufficient sulphuric acid (specific gravity 1.82-1.83) to produce a dark chocolate brown color;

(2) Shake thoroughly and add approximately 5 to 10 milliliters of hot water to stop the action of the acid, swirl the water into the mixture with one or two swirling motions;

(3) Centrifuge the material for 5 minutes, add water to bring the fat completely up into the neck of the bottle;

(4) Continue to centrifuge for an additional 1 minute, place the bottle in a hot water bath at 135 degrees—140 degrees F for not less than 5 minutes, add glymol and read the indications in the bottle neck.

O. Cream Test Scales and Accompanying Weights.

(1) All scales and any weights, used in conjunction therewith, for weighing cream, milk, or other fluid dairy products shall meet all applicable specifications, tolerances, and other technical requirements as published in National Bureau of Standards Handbook 44 and any amendments to it.

(2) A permit holder or licensee shall take adequate precautions consistent with the degree of use and environment to insure that all weighing equipment conforms to all applicable requirements of National Bureau of Standards Handbook 44 in addition to insuring that the equipment is maintained in a clean condition.

(3) A permit holder or licensee may not use or permit to be used a cream test scale or balance designed to accommodate more than four cream test bottles at any one time.

History

  • Administrative History: Effective date: October 1, 1965
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.05.06 Correct Weight, Measure and Test.

A. Conversion of Volume to Weight. When a volume of raw unhomogenized milk is converted to weight, it shall be on the basis of 8.6 pounds per gallon.

B. Weighing and Measuring Device Requirements. Weighing and measuring devices used for determining the weight and measure of milk or other fluid dairy products, when the weight or measure is used as the basis of payment, shall meet all specifications, tolerances, and other technical requirements of National Bureau of Standards Handbook 44 and any amendments to it. All weighing and measuring devices are subject to test and inspection by the Secretary as often as deemed necessary.

C. Manifest Tag, Quantity Ticket and Record Keeping. The quantity of a lot of milk or other fluid dairy products shall be determined by a person licensed under these regulations and shall be correctly entered on a manifest tag or quantity ticket with the producer's name or number and the date the quantity is determined. When the information recorded on a manifest tag or quantity ticket is transferred to a permanent record, the manifest tag or quantity ticket shall be kept on file for 12 months from the date the information is entered on the permanent record, at a place designated on the permit application. During the 12-month period, the indicated record and manifest tag or quantity ticket shall be open to inspection by the Secretary at all reasonable times.

History

  • Administrative History: Effective date: October 1, 1965
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.05.07 Producer Receipts and Records.

A. Records to be Properly Maintained. Immediately after the milk or other fluid dairy product is weighed, sampled, measured, or tested, a permanent record shall be made by a person licensed under these regulations. The record shall include any and all information that may be required. The portion of the record relating to the milk or other fluid dairy products produced by any person shall be open to inspection by that person or his agent at any and all reasonable times.

B. Notification to Producer. The purchaser or appropriate permit holder shall notify the producer of the results of any individual test within 3 working days after the test is accomplished. If the test is made by the producer's agent, however, the agent shall notify the producer of the results of the individual test on or before the date of settlement for the milk or other fluid dairy products involved. The purchaser or purchaser's agent shall, at each and every time of settlement with the producer, give the producer a statement showing the quantity of milk or other fluid dairy products delivered by the producer to the purchaser during the period for which the settlement is made. When the payment is made on a basis of test, statements shall show the average percentage of the tests and the unit used as the basis for the determination of the amount of the payment. The records of the payment shall be kept on file for a period of 12 months.

History

  • Administrative History: Effective date: October 1, 1965
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.05.08 Agreement with Other States.

A. When milk is transferred from farm milk tanks located in Maryland to any mobile receiving station for transportation directly to purchasers located in other states, sampling and testing procedures required by the state in which the purchaser is located, may be used as a basis for payment to the Maryland producer if the out-of-state weighing, measuring, sampling, and testing procedures are substantially equivalent to the procedures required by the Secretary and if prior permission is obtained from the Secretary.

B. Permission to use out-of-state weighing, measuring, sampling, and testing procedures as a basis of payment to Maryland producers will be denied where the procedures are not substantially equivalent to the procedures required by the Secretary.

C. A request for this permission should be made, in writing, to the Secretary giving the names and addresses of Maryland producers who will be operating under the arrangement and, in addition, the name and the address of the purchaser.

D. Even when this permission is granted, the licensing and permit regulations for mobile receiving station operators and mobile receiving stations obtaining milk from farm milk tanks located in Maryland shall remain in effect with respect to any such arrangement. Any milk delivered to milk plants or stationary receiving stations located in Maryland from producers involved in any such arrangement is subject to Maryland regulations.

History

  • Administrative History: Effective date: October 1, 1965
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland

15.03.06 Calibration and Operation of Automated Testing Equipment Used to Determine Fat Content of Raw Unhomogenized Milk

COMAR 15.03.06.01 Purpose.

These regulations are to prescribe the methods of calibrating and operating automated testing equipment authorized to be used to measure the milk fat content of raw, unhomogenized milk.

History

  • Administrative History: Effective date: November 15, 1973
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.06.02 Application.

These regulations shall apply to any automated testing equipment used at any time for the purpose of measuring milk fat content in raw, unhomogenized milk when the results are to be used as the basis for payment to milk producers.

History

  • Administrative History: Effective date: November 15, 1973
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.06.03 Authority.

In accordance with the authority of the Secretary to promulgate regulations to regulate the receiving, weighing, measuring, sampling, and testing of milk or other fluid dairy products when the results are to be used as a basis for payment to the producer of the products as contained in Title 11 of the Agriculture Article of the Annotated Code of Maryland, these regulations are adopted as regulations of the Maryland Department of Agriculture.

History

  • Administrative History: Effective date: November 15, 1973
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.06.04 Definitions.

A. “Automated testing equipment” means any contrivance, machine, or device manufactured for the purpose of measuring the milk fat content of milk or other fluid milk products within the design of the instrument, and approved by the Association of Official Analytical Chemists (AOAC).

B. “Cooperative” means a corporation or association as defined and construed in the Corporations and Associations Article, §5-501, Annotated Code of Maryland. A cooperative shall be deemed a producer within the provisions of these regulations and shall be entitled to their benefits.

C. “Department” means Maryland Department of Agriculture.

D. “Equipment operator” means a person licensed to operate automated testing equipment in accordance with these regulations.

E. “Person” includes:

(1) The State, any county, municipal corporation or other political subdivision of the State, or any of its units;

(2) An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;

(3) Any partnership, firm, association, public or private corporation; or

(4) Any other entity, unless otherwise provided.

F. “Producer” means any person who owns, controls, or operates a dairy herd for the production of milk to be sold or offered for sale.

G. “Purchaser” means any person who pays the producer or the person who pays a cooperative association representing the producers for the milk or other fluid dairy products.

H. “Reference method” means the method of testing milk for milk fat content that is known as the Babcock Test, provided, that for the purposes of these regulations, all measurements obtained by the Babcock Test shall be read to the nearest .05 percent.

I. “Sample” means that representative portion of the producer's shipment that is drawn and placed into a container approved by the Department and used for an analysis of milk constituent content on which payment to the producer may be based.

J. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

K. “Test” means an official procedure, approved by the Association of Official Analytical Chemists or American Public Health Association as published in the latest edition of their official publication and adopted by the Department, which is used to determine the amount of any milk constituent in any sample of milk or other fluid dairy product. The results of the analysis shall also be referred to as a test.

History

  • Administrative History: Effective date: November 15, 1973
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.06.05 Licensing Requirements.

A. A person may not operate any automated testing equipment for the purposes of determining the milk fat content of milk for payment purposes to the producer unless licensed by this Department.

B. Any person testing milk for the purpose of controlling the accuracy of the automated testing equipment shall also be licensed by the Department to test milk for milk fat content by the reference method.

History

  • Administrative History: Effective date: November 15, 1973
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.06.06 Calibration of Equipment.

A. Initial Calibration. Any person seeking to use automated testing equipment for measuring milk fat content in raw, unhomogenized milk as a basis of payment to producers shall first cause the equipment to be calibrated in accordance with these regulations. The Department shall be notified at least 10 State working days before initial calibration is to be conducted. The initial calibration may be performed only after the equipment has been installed and stabilized as approved by the Secretary. The initial calibration shall be performed by the equipment operator under the supervision of the Secretary, in accordance with the procedures approved by the Secretary. Subsequent calibrations shall be performed by the equipment operator in accordance with procedures approved by the Secretary, but need not be under the supervision of the Secretary.

B. Method of Calibration.

(1) The equipment operator shall obtain 20 representative samples of natural herd milk which have not been adjusted with skim milk, cream, or any other substance. Each sample shall be a representative mixture of the milk from any herd containing at least 20 cows milking.

(2) The collection and handling of the 20 representative samples shall be uniform and in accordance with milk sample handling procedures as set forth in the regulations of the Department.

(3) The milk fat content of the samples to be used as the natural herd milk samples shall be distributed within the ranges of 3 percent to 6 percent of milk fat and, if possible, reflect the expected milk fat content of the milk to be tested by the equipment.

(4) The samples shall be first tested for milk fat content using the reference method. Each sample shall be tested in triplicate. These samples shall then immediately be tested using the automated testing equipment and shall be tested in triplicate, using the automated testing equipment. All testing of the samples for purposes of calibration shall be completed within 24 hours from the time the samples were collected from the producer.

(5) The milk fat content for each sample as measured by the reference method shall be determined by taking the average of the three tests by that method. The three tests conducted using the automated testing equipment shall be averaged for each sample to determine its milk fat content as measured by that method. All averages shall be computed to the nearest 0.01 percent.

(6) Any sample, in which the fat content as measured by either method varies more than 0.10 percent during the course of being tested three times, may not be used in calculating the standard deviation of difference (Sd).

(7) The standard deviation of difference (Sd) shall be computed by using the averages of at least 18 of the 20 samples tested and applying the (Sd) formula used by the AOAC.

(8) The maximum allowable average difference (D) and the standard deviation of difference (Sd) between the results obtained by using the reference method and the results obtained by using the automated testing equipment may not exceed those established by the AOAC for the make and model of automated testing equipment used. Only automated testing equipment meeting these standards may be used to measure the milk fat in milk as a basis of determining the payment to producers.

Cross References

15.03.06.07A(4)

History

  • Administrative History: Effective date: November 15, 1973
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.06.07 Operating Procedures.

Once the automated testing equipment has been calibrated in accordance with the initial calibration procedures provided in these regulations, it may be used to determine the milk fat content of raw unhomogenized milk, provided it is operated in compliance with the following procedures:

A. Control Milk Samples. Milk samples to be used as control milk samples shall be prepared in accordance with the following procedures:

(1) Eight samples of natural herd milk shall be prepared in accordance with Regulation .06.

(2) These eight samples shall be tested three times by the reference method. The milk fat content of each sample shall be determined by averaging the results of the three tests to the nearest 0.01 percent. They shall contain a milk fat content within the range being tested by the equipment.

(3) The samples shall then be tested immediately by the automated equipment. The results of the three tests for each sample shall be averaged as provided in §A(2), above.

(4) If the standard deviation of difference between the average of the results obtained using the two methods does not exceed 0.06 percent, the equipment may continue to be used. If the (Sd) exceeds 0.06 percent, the equipment shall cease being used and be inspected to determine why the (Sd) exceeds this limit, be repaired, if necessary. and then recalibrated in accordance with the initial calibration procedures as set forth in Regulation .06 of this chapter. The Department need not be notified as to this recalibration.

(5) All control milk samples prepared shall be stored at temperatures between 35 degrees—40 degrees F. A control milk sample may not be used beyond 7 days from the date of its preparation.

B. Daily Performance Checks. At the beginning of each day in which the automated testing equipment is to be used, the following tests shall be conducted:

(1) Upon proper zero adjustment, a performance check shall be made by measuring a control milk sample four times in the automated testing equipment. The results of the first two tests shall be disregarded and the results of the last two tests shall be averaged to the nearest 0.01 percent.

(2) If in the performance check the difference between the milk fat content of the control milk sample and the averaged results of the two tests conducted using the automated testing equipment (D) is greater than 0.06 percent milk fat, the determination shall be repeated using three additional control milk samples, each of which shall be tested in duplicate.

(3) If the difference (D) of any of the three additional samples is again greater than 0.06 percent milk fat, then the equipment shall be recalibrated according to the procedures provided for initial calibration as provided in Regulation .06.

History

  • Administrative History: Effective date: November 15, 1973
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.06.08 Use of Automated Testing Equipment to Determine the Basis of Payment to Producers.

A. When the automated testing equipment is being used to determine the milk fat content of milk as a basis of payment to producers, a control milk sample will be tested by the automated testing equipment once every hour of its operation or once every 50 samples tested, whichever occurs first. If the difference between the milk fat content as measured by the equipment and the milk fat content of the control milk is 0.06 percent or less, the equipment may be continued in use as a basis of measuring milk fat content to determine payments to producers. If the difference is greater than 0.06 percent, the equipment shall cease being used for this purpose and shall be checked in accordance with Regulation .07, above. All test results obtained from the equipment subsequent to the last acceptable check as provided by this regulation as well as all payments to producers based on these tests shall be void. The equipment may not be used for determining payments to producers until it shall have been checked and calibrated, if necessary, in accordance with Regulation .07, above.

B. Required Records. When automated testing equipment is used to determine payments to producers, the following records shall be maintained on file for a period of 12 months, at the facility where the instrument is operated:

(1) Initial and subsequent calibrations, including the worksheet used in computing the standard deviation;

(2) Results of tests used as a basis of payment to producers;

(3) Control milk test results required by Regulation .07A, above;

(4) Daily performance checks;

(5) Machine adjustments;

(6) Major maintenance reports;

(7) Other procedural records required by the Department;

(8) Records of the preparation of control milk samples as required by Regulation .03.

History

  • Administrative History: Effective date: November 15, 1973
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland
COMAR 15.03.06.09 Inspection.

All automated testing equipment and required records shall be available for examination by the Department during any business hours.

History

  • Administrative History: Effective date: November 15, 1973
  • Authority: Agriculture Article, §11-402, Annotated Code of Maryland

15.03.07 Fees Charged to Test Standards and Other Equipment Used by Technicians

COMAR 15.03.07.01 Purpose.

These regulations set forth the fees that the Department will charge to test the standards of weights and measures and other appropriate equipment possessed and used by any technician and any agency engaged in the maintenance and repair of weighing and measuring devices.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.02 Cast Iron and Steel Weights — NIST Class F/ASTM Class 5,6,7.

The Department shall charge the following fees to test cast iron and steel weights (NIST Class F/ASTM Class 5,6,7):

A. If the weight is less than or equal to 50 pounds or 20 kilograms, the fee is $12 a unit;

B. If the weight is greater than 50 pounds but less than or equal 1,000 pounds, the fee is $28 a unit; and

C. If a weight requires adjustment, the adjustment fee is $9 a unit.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.03 Test Weight Sets— NIST Class F/ASTM Class 5,6,7.

The Department shall charge the following fees to test a Class F tolerances test weight set provided, however, that the set does not have a total capacity that is greater than 50 pounds or 20 kilograms:

A. If the number of weights in the set is less than or equal to 18, the fee is $80 a set;

B. If the number of weights in the set is greater than 18 but less than or equal to 36, the fee is $120 a set;

C. If the number of weights in the set is greater than 36 the fee is $5 a unit; and

D. If a weight requires adjustment, the adjustment fee is $9 a unit.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.04 Other Weighing Services — NIST Class F/ASTM Class 5,6,7

The Department may provide other weighing services not otherwise noted in this chapter at a rate of $75 an hour

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.05 Equipment Refurbishing.

If equipment needs refurbishing before it can be tested and if the Department agrees to refurbish the equipment, the Department shall do this work at the rate of $60 an hour.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.06 Weight-Moving Equipment for Vehicle Scales.

The Department shall charge $140 a unit to test weight-moving equipment for vehicle scales.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.07 Mass Laboratory Standards.

The Department shall charge the following fees to test mass laboratory standards:

A. If the standard is less than or equal to 5 kilograms, the fee is $25 a unit;

B. If the standard is greater than 5 kilograms but less than or equal to 30 kilograms, the fee is $60 a unit; and

C. If the standard is greater than 30 kilograms but less than or equal to 600 kilograms, the fee is $125 a unit.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.08 Other Services Related to Laboratory Standards of Mass.

The Department shall provide other services related to laboratory standards of mass at a rate of $100 an hour.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.09 Volumetric Field Standards—Volume Transfer.

The Department shall charge the following fees to test volumetric field standards:

A. If the standard is less than or equal to 5 gallons, the fee is $45 a unit;

B. If the standard is greater than 5 gallons but less than or equal to 20 gallons, the fee is $70 a unit;

C. If the standard is greater than 20 gallons but less than or equal to 200 gallons, the fee is $180 a unit; and

D. If the standard is for measuring liquefied petroleum gas between 20 gallons and 125 gallons, the fee is $350.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.10 Other Volumetric Calibrations—Volume Transfer.

The Department shall perform other volumetric calibrations not otherwise noted in this chapter at a rate of $75 an hour.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.11 Volumetric Laboratory Standards—Gravimetric.

The Department shall charge the following fees to test volumetric laboratory standards:

A. If the standard is less than or equal to 1 gallon the fee is $38 each;

B. If the standard is greater than 1 gallon but less than or equal to 5 gallons, the fee is $120 each.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.12 Other Volumetric Calibrations—Gravimetric.

The Department shall perform other volumetric calibrations not otherwise noted in this chapter at a rate of $100 an hour.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.13 Thermometry and Calibration Services.

The Department shall perform thermometry and calibration services at a rate of $65 an hour.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.14 Environmental Chamber Services.

For performing environmental chamber services, the Department shall charge as follows:

A. $250 per device for use of the chamber; and

B. $45 per hour for each technician required for testing the device.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland
COMAR 15.03.07.15 Linear Measures Testing.

The Department shall test linear measures at the following rates:

A. The fees for testing shall be $15 each test point; and

B. The fee for testing other linear devices shall be $50 an hour.

History

  • Administrative History: Effective date: May 13, 1991 (18:9 Md. R. 1011)
  • Administrative History: Regulation .02C and D amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 474)
  • Administrative History: Regulation .07 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 474); February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .14 amended effective February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 17, 2007 (34:25 Md. R. 2214)
  • Administrative History: Regulation .02 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .03 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .04 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .08 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .09 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .10 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .11 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .12 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .15 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-205, Annotated Code of Maryland

15.03.08 Registration of Commercial Weighing and Measuring Devices

COMAR 15.03.08.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Department” means the Maryland Department of Agriculture.

(2) “Person” includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(3) “Public-Facing Electric Vehicle Supply Equipment” means a device publicly available to fuel an electric vehicle where a transaction of monetary value occurs.

(4) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

(5) “Weight and measure” means any instrument or device used in determining:

(a) The weight, measurement, or count of any commodity sold or offered or exposed for sale, on the basis of weight, measure, or count;

(b) Any charge or payment for services rendered on the basis of weight, measurement, or count;

(c) Weight, measurement, or count when a charge is made for the determination.

History

  • Administrative History: Effective date: October 12, 1992 (19:20 Md. R. 1818)
  • Administrative History: Regulation .01B amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728); September 29, 2025 (52:19 Md. R. 957)
  • Administrative History: Regulation .05Q amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Authority: Agriculture Article, §§11-204.1—11-204.7, Annotated Code of Maryland
COMAR 15.03.08.02 Registration Requirement.

A. A person may not use or possess for current use a weight and measure unless it is registered with the Secretary as provided by this chapter.

B. The registration requirement of this chapter does not apply to a scale known as a “counting scale” which is designed by the manufacturer and used by the possessor or owner solely for determining the number or count of objects of the same weight placed in or on the counting scale's load-receiving element.

C. It is the responsibility of the user or possessor of a weight and measure to properly register the weight and measure with the Secretary as provided by this chapter.

History

  • Administrative History: Effective date: October 12, 1992 (19:20 Md. R. 1818)
  • Administrative History: Regulation .01B amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728); September 29, 2025 (52:19 Md. R. 957)
  • Administrative History: Regulation .05Q amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Authority: Agriculture Article, §§11-204.1—11-204.7, Annotated Code of Maryland
COMAR 15.03.08.03 Application and Renewal Procedure.

An applicant for registration or renewal of a registration of a weight and measure shall:

A. Submit to the Secretary an application on a form that the Secretary provides; and

B. Pay to the Secretary the applicable nonrefundable registration fee provided in Regulation .05 of this chapter.

Cross References

15.03.08.04A

15.03.08.04C

History

  • Administrative History: Effective date: October 12, 1992 (19:20 Md. R. 1818)
  • Administrative History: Regulation .01B amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728); September 29, 2025 (52:19 Md. R. 957)
  • Administrative History: Regulation .05Q amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Authority: Agriculture Article, §§11-204.1—11-204.7, Annotated Code of Maryland
COMAR 15.03.08.04 Registration Terms and Conditions.

A. Unless renewed as provided by Regulation .03 of this chapter, a registration for a weight and measure expires on May 31 of each year.

B. A registration issued by the Secretary applies only to the original weight and measure as described in the registration unless the possessor notifies the Secretary that the originally described weight and measure has been replaced by a weight and measure of the same class.

C. If the owner or possessor sells a registered weight and measure to another person, the new owner or possessor shall register the weight and measure as required by Regulation .03 of this chapter.

D. If the owner or possessor moves a weight and measure to a new business location, the owner or possessor shall notify the Secretary within 30 days of moving the weight and measure.

E. The owner or possessor of a weight and measure shall display the registration conspicuously at each place of business where the weight and measure is located.

History

  • Administrative History: Effective date: October 12, 1992 (19:20 Md. R. 1818)
  • Administrative History: Regulation .01B amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728); September 29, 2025 (52:19 Md. R. 957)
  • Administrative History: Regulation .05Q amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Authority: Agriculture Article, §§11-204.1—11-204.7, Annotated Code of Maryland
COMAR 15.03.08.05 Fees for Classes of Weights and Measures.

The Department's fees for registering each class of weight and measure used for commercial purposes under this subtitle are as follows:

A. Scale with a capacity of up to 100 pounds—$25 for each scale, plus $75 for each business location;

B. Scale with a capacity of more than 100 pounds, up to 2,000 pounds—$100;

C. Scale with a capacity of more than 2,000 pounds—$125;

D. Belt conveyor scale—$350;

E. Railroad track scale—$350;

F. Vehicle scale—$350;

G. Grain moisture meter—$150;

H. Retail motor fuel dispenser meter of under 20 gallons per minute—$20 each for each meter, plus $75 per business location;

I. Retail motor fuel dispenser meter of 20 gallons per minute or more—$65;

J. Retail DEF dispensers—$20 per meter;

K. Bulk petroleum fuel vehicle mounted meter of 20 gallons per minute or more—$100;

L. Bulk petroleum fuel meter stationary—$100;

M. Liquefied petroleum meter of 3/4 inch diameter or less—$100;

N. Liquefied petroleum gas meter 3/4 inch—2 inch diameter—$125;

O. Liquefied petroleum gas meters greater than 2 inch diameter—$150;

P. Point of sale system, as defined by the National Institute of Standards and Technology (NIST) Handbook 44, connected to a weighing or measuring device (per business location)—$125;

Q. Public-Facing Electric Vehicle Supply Equipment—$75 per port;

R. Mass Flow Meters—$330 per meter; and

S. Device registration fee 30 days or more delinquent—$125 per account.

Cross References

15.03.08.03B

History

  • Administrative History: Effective date: October 12, 1992 (19:20 Md. R. 1818)
  • Administrative History: Regulation .01B amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728); September 29, 2025 (52:19 Md. R. 957)
  • Administrative History: Regulation .05Q amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Authority: Agriculture Article, §§11-204.1—11-204.7, Annotated Code of Maryland
COMAR 15.03.08.06 Registration Denial, Suspension, or Revocation.

Subject to the provisions of the Administrative Procedure Act, the Secretary may deny, suspend, or revoke the registration for a weight and measure if:

A. The owner or possessor fails to comply with the requirements of this chapter;

B. The weight and measure does not meet the requirements of Agriculture Article, §§11-101—11-414, Annotated Code of Maryland;

C. An owner or possessor uses the weight and measure in violation of Agriculture Article, §§11-101—11-414, Annotated Code of Maryland, or in violation of any regulation adopted by the Secretary under the Maryland Weights and Measures Law.

History

  • Administrative History: Effective date: October 12, 1992 (19:20 Md. R. 1818)
  • Administrative History: Regulation .01B amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728); September 29, 2025 (52:19 Md. R. 957)
  • Administrative History: Regulation .05Q amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Authority: Agriculture Article, §§11-204.1—11-204.7, Annotated Code of Maryland
COMAR 15.03.08.07 Criminal Penalty; Stop Use Order.

A person who fails to comply with this chapter or who uses or possesses an unregistered weight and measure is subject to a criminal penalty, including a stop use order by the Secretary.

History

  • Administrative History: Effective date: October 12, 1992 (19:20 Md. R. 1818)
  • Administrative History: Regulation .01B amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728); September 29, 2025 (52:19 Md. R. 957)
  • Administrative History: Regulation .05Q amended as an emergency provision effective June 4, 2026 (53:13 Md. R. 583); amended permanently effective August 17, 2026 (53:16 Md. R. 688)
  • Authority: Agriculture Article, §§11-204.1—11-204.7, Annotated Code of Maryland

15.03.09 Approval and Type Evaluation Requirements

COMAR 15.03.09.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Certificate of Conformance” means a document which the National Conference on Weights and Measures issues as evidence that a weighing and measuring device was evaluated under the National Type Evaluation Program and found to comply with the applicable technical requirements of National Institute of Standards and Technology Handbook 44.

(2) “Counting scale” means a scale designed and used solely to indicate the number or count of objects placed in or on the scale's load receiving element.

(3) “Maryland Certificate of Approval” means a document which the Maryland Department of Agriculture issues as evidence that a weighing and measuring device was evaluated under the State Type Evaluation Program and found to comply with the applicable technical requirements of National Institute of Standards and Technology Handbook 44.

(4) “National Type Evaluation Program” means the uniform testing program managed by the National Conference on Weights and Measures for evaluating, at participating laboratories, whether a weighing and measuring device complies with the applicable technical standards of National Institute of Standards and Technology Handbook 44.

(5) “Participating laboratory” means a measurement laboratory that has been certified by the National Conference on Weights and Measures to conduct type evaluations under the National Type Evaluation Program.

(6) “Type” means a model or models of a particular measurement system, instrument, element, or a field standard that positively identifies the design. A specific type may vary in its measurement ranges, size, performance, and operating characteristics as specified in the Certificate of Conformance or Maryland Certificate of Approval.

History

  • Administrative History: Effective date: February 1, 1993 (20:2 Md. R. 113)
  • Administrative History: Regulation .01B amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .02A amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03F amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .05B amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05C amended effective December 30, 1996 (23:26 Md. R. 1861); November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .05C amended as an emergency provision effective January 31, 2002 (29:4 Md. R. 415); amended permanently effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .05C amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §§11-204.1 and 11-207.1, Annotated Code of Maryland
COMAR 15.03.09.02 Approval and Certificate Requirements.

A. Except as otherwise provided in §§C and D of this regulation, a person may not offer for sale, sell, or use a commercial weighing and measuring device in this State unless it has been approved by the Secretary.

B. The Secretary shall approve a weighing and measuring device for sale or use in this State if it:

(1) Has a valid Certificate of Conformance or a Maryland Certificate of Approval; and

(2) Is not otherwise prohibited for sale or use as provided under Regulation .04 of this chapter.

C. The limitation that a weighing or measuring device be approved by the Secretary before a person may offer it for sale, sell, or use it in this State does not apply to the following devices:

(1) A commercial weighing and measuring device manufactured before October 1, 1992;

(2) A counting scale;

(3) A weighing or measuring device that the Secretary has approved previously and whose approval has not been revoked; and

(4) A noncommercial weighing or measuring device such as an estimator.

D. If a weighing or measuring device does not have either of the requisite certificates but is accurate, the Secretary may permit the device's use for a specified period of time, provided, however, the device is:

(1) Submitted for evaluation under the State or National Type Evaluation Program; or

(2) Replaced with an approved device within the specified period of time.

History

  • Administrative History: Effective date: February 1, 1993 (20:2 Md. R. 113)
  • Administrative History: Regulation .01B amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .02A amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03F amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .05B amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05C amended effective December 30, 1996 (23:26 Md. R. 1861); November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .05C amended as an emergency provision effective January 31, 2002 (29:4 Md. R. 415); amended permanently effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .05C amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §§11-204.1 and 11-207.1, Annotated Code of Maryland
COMAR 15.03.09.03 Type Evaluation.

A. The Secretary shall establish a State Type Evaluation Program and provide type evaluation services for weights and measures to be offered for sale, sold, or used in Maryland.

B. If the Department's laboratory is certified as a participating laboratory, the Secretary may provide type evaluation services for weights and measures under the National Type Evaluation Program.

C. As provided under Regulation .05, the Secretary shall charge fees for all services it performs in the type evaluation process and for the use of equipment and laboratory facilities involved in the completion of a device evaluation.

D. When submitting a weighing and measuring device for evaluation, a person shall indicate whether it is to be tested under the State or National Program.

E. When evaluating a weighing and measuring device under either the State or National Type Evaluation Program, the Secretary shall follow the National Type Evaluation Program's uniform type evaluation criteria and test procedures.

F. If the Secretary finds that the device complies with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44, the Secretary shall:

(1) Notify the National Conference on Weights and Measures if the device is being evaluated under the National Program; or

(2) Issue a Maryland Certificate of Approval for the device if it is being evaluated under the State Program.

G. If a weighing and measuring device does not comply with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44, the Secretary shall notify the applicant of this finding.

H. A Maryland Certificate of Approval is appropriate under the following circumstances:

(1) When a Certificate of Conformance cannot be issued for a device because there are no current uniform type evaluation criteria and test procedures; or

(2) When the device's use is limited to Maryland.

History

  • Administrative History: Effective date: February 1, 1993 (20:2 Md. R. 113)
  • Administrative History: Regulation .01B amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .02A amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03F amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .05B amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05C amended effective December 30, 1996 (23:26 Md. R. 1861); November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .05C amended as an emergency provision effective January 31, 2002 (29:4 Md. R. 415); amended permanently effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .05C amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §§11-204.1 and 11-207.1, Annotated Code of Maryland
COMAR 15.03.09.04 Denying or Revoking Approval.

A. The Secretary may deny or revoke approval to sell or use a weighing and measuring device if the Secretary determines that:

(1) The owner or manufacturer has provided false or misleading information about the device;

(2) The device does not comply with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44 or any other requirement of this chapter; or

(3) The owner or manufacturer has not paid the Secretary the cost of conducting a type evaluation service for that device.

B. Before denying or revoking approval to sell or use a weighing and measuring device, the Secretary shall afford the owner or manufacturer of the device notice and an opportunity to be heard.

Cross References

15.03.09.02B(2)

History

  • Administrative History: Effective date: February 1, 1993 (20:2 Md. R. 113)
  • Administrative History: Regulation .01B amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .02A amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03F amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .05B amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05C amended effective December 30, 1996 (23:26 Md. R. 1861); November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .05C amended as an emergency provision effective January 31, 2002 (29:4 Md. R. 415); amended permanently effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .05C amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §§11-204.1 and 11-207.1, Annotated Code of Maryland
COMAR 15.03.09.05 Fees.

A. After receiving a request to conduct a type evaluation for a weighing and measuring device, the Secretary shall inform the applicant of the estimated cost to conduct this service.

B. Upon request by the Secretary, the applicant shall prepay the estimated cost to conduct the type evaluation service. If after completing this service the Secretary finds that the actual cost is greater than the estimated cost, the applicant shall pay the Secretary the difference. On the other hand, if the actual cost is less than the estimated cost, the Secretary shall refund the difference to the applicant.

C. For performing type evaluation under either the State or National Program, the Secretary shall charge the following fees:

(1) Technical services and evaluations —$150 per hour;

(2) Environmental chamber services —$450 per device;

(3) Certificate of Conformance drafting fee — $500;

(4) Trailer-mounted provers, 200 gallon capacity —$75 per day plus 45 cents per mile;

(5) Trailer-mounted provers, 1000-gallon capacity —$200 per day plus 65 cents per mile;

(6) Large scale test unit —$400 per day plus $3 per mile;

(7) Van or sedan —67 cents per mile;

(8) 1-ton truck —$1 per mile; and

(9) Travel costs —$100 per hour full reimbursement from Annapolis, Maryland, and daily Maryland per diem for meals.

History

  • Administrative History: Effective date: February 1, 1993 (20:2 Md. R. 113)
  • Administrative History: Regulation .01B amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .02A amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .03F amended effective October 14, 2002 (29:20 Md. R. 1590)
  • Administrative History: Regulation .05B amended effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .05C amended effective December 30, 1996 (23:26 Md. R. 1861); November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .05C amended as an emergency provision effective January 31, 2002 (29:4 Md. R. 415); amended permanently effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .05C amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §§11-204.1 and 11-207.1, Annotated Code of Maryland

15.03.10 Civil Penalty Standards for Weights and Measures

COMAR 15.03.10.01 Scope.

This chapter establishes standards for imposing civil penalties against a person who violates any provision of Agriculture Article, Title 11, Annotated Code of Maryland, or any regulation adopted under that title.

History

  • Administrative History: Effective date: December 5, 1994 (21:24 Md. R. 1990)
  • Administrative History: Regulation .02L adopted effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §11-208.1, Annotated Code of Maryland
COMAR 15.03.10.02 Assessment of Civil Penalty.

Instead of pursuing criminal charges, the Secretary may impose a civil penalty as provided under Regulation .03 of this chapter on a person who:

A. Uses an uninspected or unapproved weight and measure for:

(1) Buying or selling any commodity or object,

(2) Hire or award,

(3) Computing any charge or payment for services rendered on the basis of weight or measurement, or

(4) Determining any weight and measure for a charge;

B. Disposes of any rejected or condemned weight or measure in a manner contrary to law or rule or regulation;

C. Uses in retail trade, except in the preparation of medical prescriptions or packages put up in advance of sale, a weight or measure which is not so positioned that its indications may be accurately read and the weighing or measuring operations observed from some position which reasonably may be assumed by a customer;

D. Violates any provision of Agriculture Article, Title 11, Annotated Code of Maryland, or any regulation adopted under that title;

E. Sells, or offers or exposes for sale, less than the quantity represented of any commodity, object, or service;

F. Takes more than the quantity represented of any commodity, object, or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, object, or service is determined;

G. Misrepresents a weight, measurement, or count affecting any purchase, sale, award, or amounts paid or charged for a service;

H. Impersonates in any way the Secretary, or uses the Secretary's seal or a counterfeit of it in any manner;

I. Removes from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed by the Secretary;

J. Uses, sells, offers, or exposes for sale or hire, or possesses for the purpose of using, selling, or hiring an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure;

K. Manipulates or in any manner renders a weight or measure to a state calculated to deceive or defraud anyone; or

L. Advertises any agricultural product as local or locally grown in violation of COMAR 15.01.09.

Cross References

15.03.10.03A

15.03.10.03B

History

  • Administrative History: Effective date: December 5, 1994 (21:24 Md. R. 1990)
  • Administrative History: Regulation .02L adopted effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §11-208.1, Annotated Code of Maryland
COMAR 15.03.10.03 Classification of Violations for the Purpose of Determining Penalties.

A. In this regulation, “violation” means a criminal conviction or an administrative finding that a person has committed one of the acts referenced under Regulation .02 of this chapter.

B. For a violation of an act referenced under Regulation .02 of this chapter, a civil penalty may be imposed by the Secretary considering the nature and gravity of each violation consistent with the following standards:

(1) For the first violation, a penalty of not more than $500;

(2) For the second violation, a penalty of not more than $1,000;

(3) For the third and any subsequent violation, a penalty of not more than $2,000.

Cross References

15.03.10.02

History

  • Administrative History: Effective date: December 5, 1994 (21:24 Md. R. 1990)
  • Administrative History: Regulation .02L adopted effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §11-208.1, Annotated Code of Maryland
COMAR 15.03.10.04 Payment of Penalty.

Unless a stay has been granted, a person against whom a civil penalty has been imposed under this chapter shall pay the amount of the penalty promptly to the Department within the time specified in the Department's notice to that person, or as otherwise agreed upon by the Department and the person.

History

  • Administrative History: Effective date: December 5, 1994 (21:24 Md. R. 1990)
  • Administrative History: Regulation .02L adopted effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §11-208.1, Annotated Code of Maryland
COMAR 15.03.10.05 Appeal.

A person may appeal the Secretary's decision to impose a civil penalty as provided in Agriculture Article, §2-405, Annotated Code of Maryland. The person shall be notified of this right to appeal.

History

  • Administrative History: Effective date: December 5, 1994 (21:24 Md. R. 1990)
  • Administrative History: Regulation .02L adopted effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §11-208.1, Annotated Code of Maryland

15.03.11 Qualifications for Registration of a Service Technician and Service Agency

COMAR 15.03.11.01 Scope and Purpose.

This chapter describes the Department's voluntary registration of service technicians and service agencies. This certification program is intended to allow owners of commercially used weighing and measuring devices to immediately place into service devices that have been installed, serviced, or repaired by a service technician or service agency registered with the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Commercial Weighing and Measuring Device.

(a) “Commercial weighing and measuring device” means any weighing or measuring device commercially used:

(i) In establishing size, quantity, extent, area, or measurement of products for distribution or consumption which are purchased, offered, or submitted for sale, hire, or award; or

(ii) In computing any basic charge or payment for services rendered.

(b) “Commercial weighing and measuring device” includes any accessory attachment to or used in connection with a commercial weighing or measuring device if the accessory is designed or installed so its operation may affect the accuracy of the device.

(2) “Department” means Maryland Department of Agriculture.

(3) “Device” means a weighing and measuring device.

(4) “NIST” means the National Institute of Standards and Technology.

(5) “NTEP” means the National Type Evaluation Program.

(6) “Person” means any individual, corporation, partnership, association, firm, or other business entity.

(7) “Registered service agency” means a person that:

(a) Is registered with the Department as a service agency;

(b) Installs, services, or repairs a commercial weighing or measuring device; and

(c) Employs registered service technicians who have the authority to place devices into service.

(8) “Registered service technician” means an individual who:

(a) Is certified by the Department as a service technician;

(b) Installs, services, or repairs a commercial weighing or measuring device; and

(c) Has the authority to place devices into service.

(9) Secretary" means the Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.03 Application.

A. A person seeking certification shall obtain the appropriate form from, and make application to, the Department. An applicant shall pay a one-time application fee of $25 and provide the following information in an application:

(1) Name of the applicant or service agency;

(2) Principal business address of the applicant or service agency;

(3) Whether the applicant has a previous or current registration with any state government relating to service technicians or service agencies;

(4) Whether the applicant has ever had a registration suspended or revoked;

(5) Any other information the Department considers necessary to determine qualification for receipt of a certificate of registration; and

(6) A copy of the current certification of all standards used in the repair, service, or testing of weighing and measuring devices in Maryland.

B. The Secretary has the authority to accept or reject any application for certificate of registration.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.04 Qualifications for Registration.

A. Registered Service Technician. An applicant seeking to become a certified service technician shall:

(1) Except as provided in §B of this regulation, pass a written examination for each type of weighing and measuring device the applicant intends to install, service, repair, or pass and provide certification of National Council on Weights and Measures Registered Service Agency Exams.

(2) Possess a working knowledge of weighing and measuring devices for which the applicant intends to be registered;

(3) Possess or have access to standards of weights and measures and testing equipment that are:

(a) Appropriate in design and adequate in amount to provide the services for which the applicant is requesting registration; and

(b) Certified by a NIST-approved State metrology laboratory; and

(4) Pay the certificate of registration fee, as outlined in Regulation .07 of this chapter.

B. Instead of requiring the examination specified under §A of this regulation, the Department may accept scores obtained on other State or industry association-approved examinations.

C. Registered Service Agency. An applicant seeking to become a registered service agency shall meet the qualifications set forth in §A(3) and (4) of this regulation.

Cross References

15.03.11.07A

15.03.11.08C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.05 Notice of Pass or Fail.

A. The Department shall notify the applicant of the examination results for each type of weighing and measuring device for which the applicant tested.

B. An applicant who fails and wants to retake an examination shall pay a $25 reexamination fee.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.06 Additional Examinations following Certification.

A service technician possessing a current certificate of registration from the Department may take additional examinations for other types of weighing and measuring devices. The certified service technician shall submit to the Department, before the testing date, a $25 examination fee in the form of a check or money order.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.07 Certificate of Registration Fee.

A. The Department shall issue a certificate of registration to a qualified person under Regulation .04 of this chapter, upon receipt of the appropriate fee specified in §B of this regulation.

B. A qualified person seeking a certificate of registration shall pay to the Department one of the following fees for the appropriate type of registration for which certification is sought:

(1) $75 for a service technician certificate; or

(2) $250 for a service agency certificate.

C. A service agency is exempt from paying a registration fee if it is:

(1) A business employing service technicians to install, place into service, adjust, repair, or service weights or measures that are owned or operated by the business, and used by that business only; or

(2) An agency within State or county government engaged in the installation, placing into service, adjusting, repairing, or servicing of weights or measures owned or operated by a State or county government.

D. A service technician who is employed by a service agency that meets the exemption requirements of §C(1) or (2) of this regulation is exempt from paying the registration renewal fee normally required of a service technician.

Cross References

15.03.11.04A(4)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.08 Registration Renewal.

A. A registration expires on September 30 of the second year after the date issued.

B. The Department shall renew without penalty a registration which has lapsed for less than 3 months.

C. The Department shall renew a registration which has lapsed for 3 months or more only after the applicant meets the qualifications outlined in Regulation .04 of this chapter.

D. A service agency or service technician shall notify the Department in writing of any change in the registrant's name or address within 60 days after the change.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.09 Report Forms.

Within 5 days after a device is serviced, restored to service, or placed into service, a registered service technician or registered service agency shall notify and provide to the Department the following information:

A. Name and address of service agency, service technician, or both;

B. Location of device; and

C. Make and model of device.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.10 Examination of Testing Equipment.

A. At least once every two calendar years, each registered service agency and registered service technician shall submit for examination and certification all standards, except for those noted in §B of this regulation, that are used or intended to be used for servicing and testing commercial weighing and measuring devices for which competence is registered to one of the following locations:

(1) The Department;

(2) NIST; or

(3) A NIST-approved out-of-State weights and measures laboratory.

B. Once every calendar year, each registered service agency and registered service technician shall submit for examination and certification the following standards that are used or intended to be used for servicing and testing commercial weighing or measuring devices for which competence is registered to one of the locations referenced in §A of this regulation:

(1) Cast iron hand weights;

(2) Self-propelled weight carts; and

(3) Five-gallon test measures.

C. If a registered service agency or registered service technician submits standards to NIST or a NIST-approved out-of State weights and measures laboratory, as described in §§A and B of this regulation, the service agency or service technician within 30 days shall provide the Department a copy of the current certification of all standards used in the repair, service, or testing of weighing or measuring devices in Maryland.

D. A registered service agency or registered service technician may not use, in servicing commercial weighing or measuring devices, any standards that have not been certified by a NIST-approved State metrology laboratory. A registered service agency or service technician immediately shall submit to a NIST-approved laboratory for recertification a damaged standard.

E. A registered service agency or registered service technician that places into service a scale with a capacity in excess of 40,000 pounds shall have test weights that are:

(1) Certified by one of the three locations outlined in §A of this regulation; and

(2) Equal to a minimum of 12.5 percent of the scale's nominal capacity, or 10,000 pounds, whichever is greater.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.11 Record-Keeping Requirements.

A. Report Forms. Each service technician or service agency seeking registration with the Department shall submit, with the application for certificate of registration, a report form for approval by the Department. There is no specific format for the requested information, which shall include:

(1) Name and address of service agency, service technician, or both;

(2) Name and address of device owner;

(3) Location of device;

(4) Date of service;

(5) Make, model, and serial number of device;

(6) NTEP certificate of conformance number for any device manufactured after October 1992;

(7) Adjustments made and results of testing; and

(8) Signature of service technician.

B. A registered person shall make available for inspection, at the Department's request, the information required in §A of this regulation.

C. A registered service technician or registered service agency shall keep report forms for at least 24 months.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.12 Denial, Revocation, or Suspension of Application or Registration.

For good cause or for a violation of this chapter, the Secretary may deny an application for renewal of registration, or revoke or suspend the current registration, of any service technician or service agency:

A. Upon reasonable notice to an applicant; and

B. After an opportunity for a hearing.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
COMAR 15.03.11.13 Publishing of Registrant Lists.

The Secretary upon request shall publish or provide lists of registered service technicians and registered service agencies.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917)
  • Administrative History: Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161)
  • Administrative History: Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)
  • Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland

15.03.12 Biodiesel Motor Blend Fuel Registration for a Weighing and Measuring Device

COMAR 15.03.12.01 Scope and Purpose.

This chapter describes the Department’s exemption, allowed only to certain organizations that distribute biodiesel blend fuel to its members only, and not to the general public, that permits the limited use of a commercial measuring device that does not meet the technical requirements of Handbook 44 of the National Institute of Standards and Technology.

History

  • Administrative History: Effective date: May 23, 2016 (43:10 Md. R. 589)
  • Authority: Agriculture Article, §11-203(b) and (c), Annotated Code of Maryland
COMAR 15.03.12.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Biodiesel” means a renewable, biodegradable fuel that is manufactured from vegetable oils, animal fats, or recycled grease.

(2) “Biodiesel blend” means a motor fuel comprised of a minimum of 20 percent biodiesel fuel.

(3) “Department” means Maryland Department of Agriculture.

(4) “Device” means any weighing or measuring instrument or meter used for measuring the amount of fuel distributed by an organization.

History

  • Administrative History: Effective date: May 23, 2016 (43:10 Md. R. 589)
  • Authority: Agriculture Article, §11-203(b) and (c), Annotated Code of Maryland
COMAR 15.03.12.03 Application and Qualifications for Certification.

A. An organization requesting registration of a device shall make application to the Department on a Departmental form, pay any fee required by this chapter, and include the following information:

(1) Name of the applicant;

(2) Business address of the applicant;

(3) Whether the applicant has ever had a registration or license suspended or revoked by the Department; and

(4) Any other information the Department considers necessary to determine the qualifications of the applicant.

B. In addition to the above, the organization shall certify to the Department that it meets all of the following conditions:

(1) That the organization is organized under Corporations and Associations Article, Title 5, Subtitle 5A, Annotated Code of Maryland, or organized as another entity approved by the Department;

(2) That the biodiesel blend is not commercially available in the market area where the device is located;

(3) That the device is accurate and free of error;

(4) That the device is constructed so that it is permanent in its adjustments and repeats its indications correctly;

(5) That the device does not facilitate the perpetration of fraud;

(6) That the device will only be used to dispense biodiesel blend fuel for use by active fully paid members of the organization, and that all fees and fuel prices are the same for all members;

(7) That the organization does not advertise, publicize, or otherwise disseminate information to the public indicating the unit pricing of the biodiesel blend fuel;

(8) That the organization does not have more than 60 members who purchase biodiesel blend fuel;

(9) That no more than 30,000 gallons of biodiesel blend fuel shall be dispensed annually;

(10) That the device is clearly marked to indicate that it is not legal for trade and is restricted to members of the organization;

(11) That the organization is in compliance with all other applicable State and federal requirements relating to the biodiesel blend fueling facility;

(12) That the organization grants permission to the Department to inspect the device, any records required by this chapter, and the biodiesel blend fuel facility;

(13) That the organization purchases biodiesel blend fuel only from persons who are legally licensed to distribute fuel in Maryland; and

(14) That the organization acknowledges and agrees that its registration may be denied, revoked, or suspended by the Department as provided by Regulation .07 of this chapter.

Cross References

15.03.12.05B

15.03.12.07A(2)

History

  • Administrative History: Effective date: May 23, 2016 (43:10 Md. R. 589)
  • Authority: Agriculture Article, §11-203(b) and (c), Annotated Code of Maryland
COMAR 15.03.12.04 Certification of Registration Fee.

A. The Department shall issue a certification of registration for a device to any qualifying organization under this chapter upon payment of the fee specified in §B of this regulation.

B. The fees for registration are:

(1) $50 for each business location; and

(2) $12.50 per meter.

Cross References

15.03.12.05B

History

  • Administrative History: Effective date: May 23, 2016 (43:10 Md. R. 589)
  • Authority: Agriculture Article, §11-203(b) and (c), Annotated Code of Maryland
COMAR 15.03.12.05 Annual Registration Renewals.

A. A registration expires on May 31st each year after the date issued.

B. An organization may renew a registration as described by Regulation .03 of this chapter and upon payment of a fee as specified in Regulation .04B of this chapter.

History

  • Administrative History: Effective date: May 23, 2016 (43:10 Md. R. 589)
  • Authority: Agriculture Article, §11-203(b) and (c), Annotated Code of Maryland
COMAR 15.03.12.06 Record-Keeping Requirements.

Any organization whose device is certified for registration under this chapter shall keep for 3 years the following records and make them available to the Department upon request:

A. Copies of any bills of lading and delivery tickets for any biodiesel blend fuel acquired by the organization;

B. The name of each member of the organization who acquired biodiesel blend fuel during each calendar year; and

C. The total amount of biodiesel blend fuel dispensed each calendar year by the organization.

History

  • Administrative History: Effective date: May 23, 2016 (43:10 Md. R. 589)
  • Authority: Agriculture Article, §11-203(b) and (c), Annotated Code of Maryland
COMAR 15.03.12.07 Denial, Revocation, and Suspension of Application of Registration.

A. The Department may deny an application for renewal, or revoke or suspend the current registration of any device:

(1) For operating without a current registration for the device;

(2) For any violation of this chapter, including providing false information to the Department or any violation of any certification by the organization to the Department under Regulation .03 of this chapter; or

(3) If the Department determines that the biodiesel blend fuel is commercially available in the market area where the device is located.

B. Before the Department takes any action under this regulation, the organization shall be given reasonable notice and the opportunity to be heard.

Cross References

15.03.12.03B(14)

History

  • Administrative History: Effective date: May 23, 2016 (43:10 Md. R. 589)
  • Authority: Agriculture Article, §11-203(b) and (c), Annotated Code of Maryland

15.04.01 General Regulations

COMAR 15.04.01.01 Scope.

A. The regulations contained in this chapter:

(1) Prescribe the standards of quality for individual shell eggs sold in this State;

(2) Establish allowable tolerances for grades of shell eggs sold in this State;

(3) Prescribe the weights permitted by the Maryland Egg Law for the various size classifications of eggs;

(4) Establish special grades of eggs; and

(5) Indicate what information a person selling shell eggs to a consumer shall provide and the manner in which this information is to be provided.

B. The regulations contained in this chapter also implement a portion of a program jointly administered by this Department and the Maryland Department of Health (the remaining portions of this program are explained in COMAR 15.11.11, 10.15.03, and 10.15.04) that is intended to reduce the incidence of Salmonella serotype enteritidis in shell eggs distributed or sold in this State. Among other things, these regulations:

(1) Prohibit a person from distributing, offering for sale, or selling shell eggs in the State unless:

(a) That person is registered with the Secretary and provides certain written documentation that will assist the Secretary, if eggs are found to be adulterated or unfit for human consumption, to discover the particular flock from which those eggs are derived,

(b) The eggs have been produced by flocks that meet the standards established under COMAR 15.11.11.05A, and

(c) The carton or case, if the eggs have been packed in one of these containers for delivery to consumers, displays certain information; and

(2) Describe what is required of a person who packs shell eggs that are to be distributed, offered for sale, or sold in the State.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Carton” means a container holding up to 36 eggs, including overwrapped cartons and sleeves, that is used to pack eggs for distribution or sale to a consumer.

(2) “Case” means a container that is not a carton and that is used to pack eggs for distribution or sale to a consumer. A case may contain either loose eggs or cartons of eggs.

(3) “Consumer” means a person who purchases or otherwise acquires shell eggs for household consumption.

(4) “Department” means Maryland Department of Agriculture.

(5) “Distributor” means a person who:

(a) Sells, offers, or exposes for sale shell eggs to a wholesaler, retailer, or food service facility; or

(b) Distributes eggs to a retailer or food service facility owned by that person.

(6) “Food service facility” means a person who operates a facility where eggs are used in the preparation of food, and who does not distribute eggs to a food service facility owned by that person.

(7) “Loose eggs” means eggs not contained in a carton.

(8) “Lot designation” means a method of specifying the conditions under which eggs are packed or packaged which enables the packer and the Secretary to trace the eggs to the flock that produced the eggs.

(9) “Packer” means a person, including a repacker, who places shell eggs in the original case, carton, or container that is used to hold eggs for distribution or sale to consumers and other persons in the distribution chain, such as retailers and food service facilities.

(10) “Registration number” means the number that the Department assigns a packer or distributor.

(11) “Repacker” means a packer who repacks previously graded shell eggs.

(12) “Retailer” means a person who sells shell eggs to a consumer and who does not distribute eggs to a retail outlet owned by that person.

(13) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

(14) “Shell eggs” means raw eggs produced by chickens for human consumption.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.03 Sales of Eggs to Certain Business Entities.

A. Seller to Provide Certain Information. A person may not sell or deliver shell eggs to a retailer, food service facility, or distributor unless that person:

(1) Is registered with the Secretary as provided under Regulation .09 of this chapter; and

(2) Provides the retailer, food service facility, or distributor, before or at the time the eggs are delivered, the following information in English:

(a) The name and address of the seller and buyer;

(b) The date of delivery;

(c) The grade and size of eggs delivered;

(d) The quantity of eggs sold (list the number of eggs sold by grade and size);

(e) The registration number, if any, of the purchaser;

(f) The inspection fee, if applicable, as provided under §D of this regulation.

B. Means of Providing Required Information. The seller shall provide the information required under §A(2)(a)—(f) of this regulation, on an invoice or equivalent record.

C. Record-Keeping Requirements.

(1) The seller and the person to whom the eggs were sold or delivered, whether a retailer, food service facility, or distributor, shall keep at their respective places of business a copy of all of the information required to be provided under §A(2) of this regulation.

(2) Period to Retain Information.

(a) A retailer or food service facility shall retain this information for a period of 90 days following delivery of the eggs.

(b) A packer or distributor shall retain this information either for a period of:

(i) 1 year following delivery of eggs if the packer or distributor does not have an alternative method of keeping accurate records showing the number of eggs sold or delivered to a person; or

(ii) 90 days if the packer or distributor has an alternative method of accurately keeping these records.

(c) The Department shall be allowed to inspect the information in this section.

D. Applicability of Inspection Fee Statement on Invoice. The seller is not required to include the inspection fee statement on the invoice if the seller:

(1) Can accurately track the number of eggs sold or delivered to a person through an alternative method; and

(2) Has obtained the Department's express permission to employ this alternative method.

Cross References

10.15.03.24E(2)(c)

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.04 Sales of Eggs to Consumers.

A. This regulation does not apply to a person selling shell eggs for pasteurization.

B. A person may not distribute, offer for sale, or sell shell eggs to a consumer unless:

(1) That person is registered with the Secretary as provided under Regulation .09 of this chapter;

(2) That person has an invoice or equivalent record containing all of the information required under Regulation .03A; and

(3) The eggs are:

(a) Supplied by a registered packer,

(b) Supplied by a registered distributor, if applicable,

(c) Produced by flocks that meet the standards of COMAR 15.11.11.05A, and

(d) Distributed, offered for sale, or sold as provided under §C or D of this regulation.

C. Sale of Eggs in Cartons or Cases. A person may distribute, offer for sale, or sell eggs that have been packed in a carton or case for delivery to consumers only if the carton or case displays the information required under, and in the manner provided by, Regulation .08.

D. Sale of Loose Eggs.

(1) A person may distribute, offer for sale, or sell loose eggs only if that person places a placard on or near them that plainly and conspicuously displays their grade, size, packer, and lot designation.

(2) The information required under §D(1)(a) of this regulation to be placed on the placard shall be in legible printing in block letters not less than 3/8 inch in height. The grade or size designations may not be abbreviated. The minimum size of this placard shall be 4-1/2 by 6 inches. The position of the signs in the crate, basket, or other container in which eggs are displayed shall be such that the grade and size of the eggs is plainly visible to customers at all times.

E. Advertising of any other commodity may not be permitted on any egg container in which the advertising in any way:

(1) Might be representative of the grade or size of eggs;

(2) Misleads the consumer;

(3) Interferes with the legibility of the grade and size of the eggs.

F. A descriptive term or labeling may not be used when eggs are offered for sale, exposed for sale, sold, or advertised for sale if the term or labeling is false or misleading, or is in violation of any provision of this chapter.

G. A food service facility or retailer shall store, display, and transport shell eggs in the refrigerated area of a unit whose temperature is 45° or less.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.05 Grade and Size Classifications.

A. The standards of quality for individual shell eggs sold in Maryland shall be in accordance with the official standards of the U.S. Department of Agriculture, 7 CFR §56.200.

B. The tolerances allowable for grades of shell eggs sold in Maryland shall be in accordance with the official standards of the U.S. Department of Agriculture for Consumer Grades AA, A, and B allowed at destination, 7 CFR §§56.216 and 56.217.

C. The size (weight) classification for shell eggs sold in Maryland shall be in accordance with the official U.S. Department of Agriculture Weight Classes for eggs as follows:

| Table of Weight Classes | | | | | --- | --- | --- | --- | | Size or weight class | Minimum net weight per dozen | Minimum net weight per 30 dozen | Minimum weight for individual eggs at rate per dozen | | | Ounces | Pounds | Ounces | | Jumbo | 30 | 56 | 29 | | Extra large | 27 | 501/2 | 26 | | Large | 24 | 45 | 23 | | Medium | 21 | 391/2 | 20 | | Small | 18 | 34 | 17 | | Peewee | 15 | 28 | -- |

D. All advertising of eggs shall plainly and conspicuously indicate their proper grade and size classification and comply with the provision of Regulation .04F.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.06 Stop Sale.

Written “stop sale” orders may be issued when it is found that eggs are being sold, offered, or exposed for sale in violation of any of the provisions of law, or of any regulation promulgated pursuant to it. When a “stop sale” order has been issued, it shall be unlawful for anyone to remove either the eggs which are the subject of the order or the order, including copies of it, until ordered released by an authorized agent of the Department.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.07 Special Grades.

A. Maryland Fancy. The following special grade of eggs of a standard superior to Grade A eggs for use on a voluntary basis for eggs produced in Maryland is established under the authority granted to the Secretary under Agriculture Article, §4-306, Annotated Code of Maryland:

(1) This grade of eggs shall be known as Maryland Fancy grade and the eggs shall be produced and packed in Maryland.

(2) The standard of quality for individual eggs shall be the same as the standard of quality of U.S. AA eggs. Final determination as to meeting the standard of quality for shell eggs shall be made by candling or other acceptable methods as determined by the Secretary.

(3) The weight classes for Maryland Fancy grade of eggs shall be expressed as minimum net weight for individual eggs at the rate per dozen as follows:

(a) Jumbo, 30 ounces;

(b) Extra large, 27 ounces;

(c) Large, 24 ounces; and

(d) Medium, 21 ounces.

(4) Maryland Fancy eggs shall be at least 90 percent of Fancy quality when packed, candled, and packed by the producer or other authorized egg processors in authorized sealed or otherwise approved cartons bearing name and address, date when candled, and registry number. The eggs allowed by tolerance when packed may not be below Grade A quality.

(5) A person may not pack the Maryland Fancy grade for sale without first applying for registration and being issued a registry number. Applications for registration and registry number identifying seals or approved egg cartons shall be made to the authorized agents of the Department. Registration may be revoked for due cause.

(6) Registrants shall be required to submit information on Department form “Special Grades Inspection” relative to production, handling, distribution, and sales of Maryland Fancy grade eggs and their egg producing and packing facilities inspected and approved by an authorized agent of the Department.

(7) The registrant agrees to authorize the Department, through its authorized agents, to conduct an annual inspection of its premises and such additional inspections as the Secretary deems necessary to assure compliance with this regulation.

(8) The annual registration fee for the marketing of Maryland Fancy grade eggs shall be $20 per year.

(9) Tolerances. A tolerance of 15 percent in quality will be allowed at the retail level. The eggs allowed by tolerance may not be below Grade A quality. There shall be no tolerance permitted for the size of eggs.

B. Maryland Fresh. For those who desire to pack and sell eggs as Maryland Fresh, the eggs shall be produced and packed in Maryland and shall be of Grade A quality or better. The words “Maryland Fresh” can be used only in addition to the word Grade A. Those desiring to use the term “Maryland Fresh” shall first apply to the Department for permission and, upon furnishing the evidence relating to the origin of the eggs as outlined by the Secretary in the form “Special Grades Inspection” attached to these regulations, and upon approval of the egg producer and packing facilities following an inspection by an authorized agent of the Department, shall be issued a registry number. No one may sell, advertise, or represent any eggs as Maryland Fresh until a registry number is granted. Registry numbers shall be renewed each year and may be revoked for due cause.

C. Any person or association making application to pack or sell eggs as Maryland Fresh shall reveal to the Department, on forms supplied by the Department, the sources from which their eggs are obtained, their volume of Maryland produced eggs, and the volume of Maryland Fresh eggs sold.

D. An applicant shall agree to authorize the Department, through its authorized agents, to conduct an annual inspection of its premises and to conduct additional inspections as the Secretary considers necessary to assure compliance with this regulation.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.08 Prerequisites for Packing Shell Eggs.

A. This regulation does not apply to a person who packs shell eggs that are sold for pasteurization.

B. A packer, including a repacker, shall:

(1) Register with the Department as provided under Regulation .09 of this chapter;

(2) On cartons of eggs and cases of loose eggs, legibly print, as provided under §C of this regulation, using a color of permanent ink that contrasts with the container's background, the following:

(a) A notice requiring that eggs be refrigerated,

(b) The name and address of the distributor, packer, or repacker,

(c) The registration number of the packer and, if the eggs have been repacked, the registration number of the repacker,

(d) The lot designations of the eggs,

(e) The identity of the product as eggs,

(f) The classification (size or weight) of the eggs,

(g) The quantity of eggs, and

(h) The grade of eggs;

(3) On cases containing eggs packed in cartons (if the required information is printed on the cartons), using a color of permanent ink that contrasts with the container's background, legibly print on either end of the case where the handles are located:

(a) A notice requiring that eggs be refrigerated,

(b) The identity of the product as eggs, and

(c) The eggs' grade term and size (weight) classification.

C. Manner of Printing Required Information.

(1) Eggs Packed in a Carton. If the eggs are packed in a carton, the packer shall print the information required under §B(2) of this regulation to be placed on a container as follows:

(a) Minimum Type Size of Printed Information. Unless otherwise provided under 21 CFR 101, the minimum type size shall be:

(i) For the net quantity statement, as provided under Table 1;

(ii) For grade term and size (weight) classification of eggs, at least 3/8 inch in height; and

(iii) For all remaining information, at least 1/16 inch in height.

(b) Where Information is to be Displayed.

(i) The identity of the product as eggs, the grade term and size (weight) classification of the eggs, and the quantity of eggs in weight or numerical count shall be placed on the carton's principal display panel.

(ii) The lot designations of the eggs, the packer's or distributor's name and address, and the packer's registration number may be placed on either the carton's information panel or the principal display panel.

(iii) A notice requiring that the eggs be refrigerated shall be placed on the carton's principal display panel unless the carton is a full view carton, in which case this notice may be displayed on the carton's information panel.

(c) Grade and Size. The exact grade and size shall be plainly printed in block letters. Abbreviations of any grade term or size (weight) classification is not permitted.

(2) Loose Eggs Packed in a Case. If loose eggs are packed in a case, the packer shall print the information required under §B(2) of this regulation to be placed on a container as follows:

(a) Minimum Type Size of Printed Information. Except for that information placed within official USDA identification stamps, all information shall be at least 3/8 inch in height.

(b) Where Information is to be Displayed. The required information shall be placed on either end of the case where the handles are located.

(c) Grade and Size. The exact grade and size shall be plainly printed in block letters.

(3) Cases Containing Eggs Packed in Cartons. On cases containing eggs packed in cartons, the packer shall print the information required under §B(3) of this regulation to be placed on a case, as follows:

(a) Minimum Type Size of Printed Information. Except for that information placed within official USDA identification stamps, all information shall be at least 3/8 inch in height.

(b) Grade and Size. The exact grade and size shall be plainly printed in block letters.

D. Specifications.

| TABLE 1 | | | --- | --- | | Minimum Type Size * | Area of Principal Display Panel | | 1/16 inch | 5 square inches or less | | 1/8 inch | More than 5 square inches but not more than 25 square inches | | 3/16 inch | More than 25 square inches but not more than 100 square inches | | 1/4 inch | More than 100 square inches but not more than 400 square inches | | 1/2 inch | Over 400 square inches |

  • For the net quantity statements, the minimum type size is the smallest type size that is permitted based on the space available for labeling on the principal display panel. Determine the height of type of printing by measuring the height of the lower case letter “o” or its equivalent when mixed upper and lower case letters are used, or the height of the upper case letters when only upper case letters are used.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.09 Registration.

A. Packers, Including Repackers.

(1) For each business location where a person is operating as a packer, including a repacker, the person shall submit annually a completed application for registration on a form provided by the Department.

(2) Except as otherwise provided under §A(5) of this regulation, the Department shall issue a packer-applicant a certificate of registration if the person:

(a) Submits a completed application without any fraudulent or deceptive statements;

(b) Excluding a person operating only as a repacker, provides documentation that is satisfactory to the Department showing that the birds used to produce shell eggs meet the standards provided by COMAR 15.11.11.05A;

(c) Excluding a person operating only as a repacker, permits the Secretary to test the person's birds as provided under COMAR 15.11.11.05A during regular business hours if the Secretary has reason to believe the birds have been exposed to Salmonella enteritidis;

(d) Agrees to comply with any lawful direction the Secretary orders;

(e) Except as provided under §A(3) of this regulation, pays the $30 registration fee and any applicable inspection fee; and

(f) For the repacker only, provides documentation that is satisfactory to the Department showing that the eggs being packed for distribution or sale in Maryland originate only from packers who are currently registered with the Secretary.

(3) A packer who keeps 3,000 or fewer chickens and who sells, offers, or exposes for sale shell eggs only from those chickens shall register with the Secretary, but is exempt from paying the registration and inspection fees.

(4) A certificate of registration is effective for 1 year and, if during that year any of the following changes in status occur, the registrant shall notify the Department of the change within 15 calendar days of its occurrence:

(a) The Salmonella serotype enteritidis status of the flocks being used to produce shell eggs;

(b) The addition of birds or flocks to those identified in the original application for registration; and

(c) The corporate status, if the registrant is a corporation;

(d) The registrant's business location; and

(e) If a repacker, the addition of any packers from whom eggs are being obtained (give name and address) who had not been listed as a source of eggs in the original application for registration.

(5) The Department may suspend, revoke, or refuse to issue the certificate of registration of a person who packs shell eggs:

(a) If the person:

(i) Makes fraudulent or deceptive statements in the application for registration,

(ii) Fails to comply with any of the regulations of this chapter or any lawful direction the Secretary orders,

(iii) Refuses to permit the Secretary to test the person's birds as provided under COMAR 15.11.11.05A during regular business hours if the Secretary has reason to believe that those birds have been exposed to Salmonella enteritidis;

(b) If the person's birds have been exposed to Salmonella enteritidis and the person fails to comply with any lawful direction the Secretary orders; or

(c) If the person is a repacker and that person:

(i) Fails to provide the documentation required under §A(2)(f) of this regulation, or

(ii) Distributes or sells eggs in violation of any lawful direction of the Secretary, or which originate from packers who are not currently registered with the Secretary.

(6) The requirements set forth in this regulation also apply to repackers.

(7) A repacker is considered to be a packer if the repacker is in the business of placing shell eggs in a case, carton, or container used to hold eggs for distribution or sale, and the new case, carton, or container into which the eggs are repacked becomes for those eggs the original case, carton, or container.

(8) A packer also includes a person who places shell eggs in the original case, carton, or container that is used to hold eggs for distribution or sale to others in the distribution chain such as retailers and food service facilities, and not just consumers, as this limitation only was intended to exclude from this definition certain persons not in the business of packing eggs but who nevertheless place shell eggs into cartons, for example, consumers who are permitted by certain retailers to pack loose eggs into cartons.

B. Distributors.

(1) For each business location where a person operates as a distributor, the distributor shall submit annually a complete application for registration on a form provided by the Department.

(2) Unless the Department has reason to deny registering a person as provided under §B(4) of this regulation, the Department shall register an applicant if the person:

(a) Submits an application without any fraudulent or deceptive statements; and

(b) Pays the $30 registration fee and any other fees required under this chapter.

(3) A certificate of registration is effective for 1 year, beginning on January 1 of each year and, if during that year there is a change in business location, the distributor shall notify the Department of this change within 15 calendar days of its occurrence.

(4) The Department may suspend, revoke, or refuse to issue a certificate of registration if the distributor:

(a) Does not meet the requirements of this chapter; or

(b) Violates any provisions of Agriculture Article, Title 4, Subtitle 3, Annotated Code of Maryland, or any of the regulations of this chapter, or any lawful direction the Secretary orders.

Cross References

15.04.01.03A(1)

15.04.01.04B(1)

15.04.01.08B(1)

15.22.04.12D

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.10 Quarterly Reports and Inspection Fees.

A. Certain Packers Exempt. A packer who keeps 3,000 or fewer chickens and who sells, offers, or exposes for sale shell eggs only from these chickens is not required to submit a quarterly report or pay an inspection fee.

B. Submission of Quarterly Report. For each business location from which eggs are sold or delivered to a retailer, food service facility, or consumer in Maryland, a packer or distributor shall submit a quarterly report, on a form provided by the Department, showing the number of eggs it has sold or delivered to those persons.

C. Payment of Inspection Fee. With each quarterly report, the packer or distributor shall include the inspection fee due for that quarter, calculated at a rate of 8 cents per 30 dozen cases shown on the report.

D. Quarterly Time Frames. The quarterly time frames on which a packer or distributor is to base its quarterly reports and the deadlines for submitting these reports and paying the appropriate inspection fee are as follows:

(1) First Quarter: January, February, and March—report and inspection fee due not later than April 30;

(2) Second Quarter: April, May, and June—report and inspection fee due not later than July 30;

(3) Third Quarter: July, August, and September—report and inspection fee due not later than October 30;

(4) Fourth Quarter: October, November, and December—report and inspection fee due not later than January 30.

E. Imposition of Collection Fee.

(1) If the required inspection fee for a particular quarter is not paid within the time frame established under §D of this regulation for that quarter, a collection fee shall be assessed against the packer or distributor.

(2) The amount of the collection fee shall be the greater of:

(a) 10 percent of the inspection fee due and unpaid; or

(b) $100.

(3) The amount of collection fee due is a debt and may be the basis of a judgment in a civil action against the packer or distributor.

F. Packers and Distributors to Retain Information.

(1) For a period of 1 year following delivery of eggs, the packer or distributor, at each place of business or at a central location, shall keep on file accurate records showing the number of eggs sold to any person in Maryland. The packer or distributor shall allow the Department to inspect this information.

(2) For any flock from which eggs are derived to be sold or distributed in Maryland, a packer, excluding a person operating only as a repacker, shall maintain for a period of 1 year following disposition of that flock the following records:

(a) All records necessary to establish that the flock meets the requirements of COMAR 15.11.11.05A;

(b) If the flock was delivered, the date of delivery, and the name and address of the person who sold the birds; and

(c) If the flock was tested, the date the test occurred, and the results of that test.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.04.01.11 Designation of Agent.

For the purpose of enforcing the regulations contained in this chapter, the Secretary may designate an agent of the Maryland Department of Health as the Secretary's representative.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .03E amended effective November 22, 1982 (9:23 Md. R. 2261)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989 (16:17 Md. R. 1883); emergency status expired November 23, 1989
  • Administrative History: Chapter revised as an emergency provision effective December 5, 1989 (16:26 Md. R. 2783); emergency status extended at 17:7 Md. R. 843
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .09B and D amended as an emergency provision effective November 5, 1991 (18:24 Md. R. 2640); emergency status extended at 19:5 Md. R. 574 (March 6, 1992); adopted permanently effective March 30, 1992 (19:6 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 20, 1994 (21:12 Md. R. 1063)
  • Administrative History: Regulation .03A, B amended effective September 9, 1996 (23:18 Md. R. 1318)
  • Authority: Agriculture Article, §§2-103, 4-301, 4-302, 4-306, 4-308, 4-310, and 4-311.1—4-311.5; Health-General Article, §21-211; Annotated Code of Maryland

15.04.02 Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs

COMAR 15.04.02.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland
COMAR 15.04.02.02 Eligibility to Use Insignia.

Persons approved by the Secretary or his authorized representative to pack and sell eggs as Maryland Fresh or Maryland Fancy eggs as provided in the Maryland Egg Law and subject regulations shall be eligible to apply to the Department to use the appropriate insignia.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland
COMAR 15.04.02.03 Applications.

Application to use the insignia shall be made, on an annual basis, on forms provided by the Department.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland
COMAR 15.04.02.04 Submitting of Designs for Cartons.

Applicants shall submit the designs or art work for all cartons on which the insignia is to appear to the Department or its authorized representative before its use.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland
COMAR 15.04.02.05 Minimum Width of Insignia.

The minimum width of the insignia on any egg carton shall be 1-1/2 inches.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland
COMAR 15.04.02.06 Required Colors.

The insignia is to be reproduced on egg cartons in black printing on a gold background, except that other colors may be permitted if, in the opinion of the Secretary or his authorized representative, those colors are compatible with the design of the carton.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland
COMAR 15.04.02.07 Reports.

Authorized users of the insignia will be required, from time to time, to make reports, on forms furnished by the Department, showing the volume of eggs packed and sold in cartons bearing the insignia and other related information. Any information obtained from these reports shall be kept confidential as to individual source but this may not prohibit the compilation and issuance of reports from the information required from a number of sources that does not disclose the identity of any single source.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland
COMAR 15.04.02.08 Suspension or Revocation.

Authorization to use the insignia may be revoked or suspended by the Secretary or his authorized representative upon satisfactory proof that the user has violated any provision of the Agriculture Article of the Annotated Code of Maryland, Subtitle “Maryland Egg Law”.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland
COMAR 15.04.02.09 Restriction.

A person, corporation, partnership, or other business entity may not use the term “Maryland Fresh” or “Maryland Fancy” in the business or firm name, corporate title, trademark, trade name, or other nomenclature.

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland
COMAR 15.04.02.10 Form of Insignia.

Authorized insignia users may use the old or new insignia until January 1, 1976, unless otherwise suspended or revoked. After January, 1976, only the new insignia as reproduced below shall be used:

History

  • Administrative History: Effective date: July 1, 1973
  • Administrative History: Regulation .10 adopted effective December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §4-306, Annotated Code of Maryland

15.05.01 Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses

COMAR 15.05.01.01 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) “Application” means the spreading of pesticides, by contract or otherwise, for any person owning or renting property.

(2) “Alert” means a characteristic change in a dog’s behavior in response to the odor of a pest as interpreted by the dog’s handler.

(3) “Canine scent pest detection team” or “Team” means a human and a dog that train and work together as a unit to detect a target pest.

(4) “Certified applicator” means a person who is certified by the Secretary under this chapter.

(5) “Customer” means a person who has entered into a contract with a licensee for pest control and includes the owner of property on which a licensee has applied a pesticide.

(6) “Department” means the Maryland Department of Agriculture.

(7) “Device” means an instrument or mechanical contrivance intended to trap, locate, destroy, control, repel, or mitigate pests.

(8) “Distractor” means a non-target odor source placed within a dog’s search area.

(9) “EPA” means United States Environmental Protection Agency.

(10) “Extract” means an odor extracted from a target pest for the dog to detect.

(11) “Hide” means a container that allows free movement of air containing between 5 and 20 live target pests or viable eggs.

(12) “Label” means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

(13) “Labeling” means all written, printed, or graphic matter:

(a) Accompanying the pesticide or device at any time; or

(b) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the:

(i) Environmental Protection Agency;

(ii) United States Departments of Agriculture, Interior, and Health, Education, and Welfare;

(iii) State experiment stations;

(iv) State agricultural colleges; and

(v) Other similar federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.

(14) “Nonbulk pesticide” means any liquid or nonliquid pesticide distributed, sold, offered for sale, packaged, or repackaged in containers of less than 56 gallons liquid or 100 pounds net dry weight.

(15) “Person” means an individual, corporation, partnership, association, firm, or other business entity.

(16) “Pest” means an insect, snail, slug, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms, on or in living man or any other living animal) which normally is considered to be a pest or which the Secretary declares to be a pest.

(17) “Pest control” means engaging in, or offering to engage in, recommending, advertising, soliciting the use of, supervising the use of, or using, a pesticide or device for the identification, control, eradication, mitigation, detection, inspection, or prevention of a pest in, on, or around any house, building, water, air, land, plant, structure, or animal.

(18) “Pest control applicator” means a person engaged in the business of pest control, including, except as provided by the Secretary, a person who applies pesticides on any premises where the public is commonly invited for the sale of goods or services.

(19) “Pest control consultant” means a person who engages in the business of:

(a) Offering or supplying technical advice or supervision;

(b) Inspecting for or identifying pests; or

(c) Recommending the use of a specific pesticide for the purpose of controlling a pest in or on water, air, land, plants, structures, or animals.

(20) “Pesticide” means any substance or mixture of substances intended for:

(a) Preventing, destroying, repelling, or mitigating any pest;

(b) Use as a plant regulator, defoliant, or desiccant; or

(c) Use as a spray adjuvant such as a wetting agent or adhesive.

(21) “Pesticide business license” means a license issued by the Secretary to any business according to this chapter.

(22) “Place of business” means any location from which pest control is conducted.

(23) “Private applicator” means a person who uses a restricted use pesticide for the purpose of producing an agricultural commodity on property owned or rented by the applicator or applicator's employer.

(24) “Pseudo-scent” means a man-made compound that mimics the target pest odor.

(25) “Public agency applicator” means a person employed by a unit of federal, State, county or local government or any training institution which is engaged in pest control.

(26) “Registered employee” means an employee of a firm or public agency engaged in pest control.

(27) “Restricted use pesticide” means a pesticide so classified by Agriculture Article, Title 5, Annotated Code of Maryland, the federal government, or the Maryland Secretary of Agriculture.

(28) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

(29) “Supervision” means, unless otherwise provided by federal or State labeling, the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is:

(a) Responsible for actions of that person; and

(b) Available when needed, though the certified applicator may not be physically present at the time and place the pesticide is applied.

Cross References

09.12.28.06E(1)

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.02 General Requirements for Applying or Recommending Pesticides.

A. This regulation sets forth the general requirements which a person, when applying or recommending a pesticide, shall follow.

B. Pesticide Use or Recommendation. When using or recommending pesticides, a person shall:

(1) Use or recommend only those pesticides which are registered with the Department;

(2) Use or recommend pesticides in strict accordance with:

(a) The Maryland Pesticide Applicators Law;

(b) The Maryland Pesticide Registration and Labeling Law; and

(c) Except as otherwise provided by State and federal law, the manufacturer's labeling directions;

(3) Observe all precautions in the handling, use, storage, and disposal of pesticides and their containers so that:

(a) Pesticides do not move from the intended site of application;

(b) Nontarget areas or organisms, including humans, do not suffer injury; and

(c) Unreasonable adverse effects on the environment do not occur or are minimized; and

(4) Comply with 40 CFR 165 (Pesticide Management and Disposal) and 40 CFR 170 (Worker Protection Standard), as amended, which are incorporated by reference.

C. Limitations on Restricted Use Pesticide. A person may not use a restricted use pesticide unless that person is a certified applicator or is a person working under the supervision of a certified applicator.

D. Restrictions on Use of Pesticides in the Cultivation of Medical Cannabis; Exemptions.

(1) Except as provided in this section, a person may not use any pesticide in the cultivation of medical cannabis, defined as any part of the plant Cannabis sativa.

(2) A person may use a pesticide in the cultivation of medical cannabis that is labeled for use in a greenhouse environment that:

(a) Is formulated with inert and active ingredients listed in 40 CFR §152.25(f)(1) and (2);

(b) Has been exempted from the food residue tolerance requirements listed in 40 CFR 180;

(c) Has met the criteria for organic food production as defined by 7 CFR 205; or

(d) Is allowed by the United States Environmental Protection Agency by label language that is broad enough to include use on cannabis as determined by the Department.

(3) A person may use a pesticide on hard surfaces of items and areas used to support operations in the cultivation of medical cannabis for the purpose of disinfection or sanitation for the control of microorganisms provided that the pesticide is labeled for use on hard surfaces, including benches, floors, pallets, pots, skids, tools, and equipment.

(4) Any spray adjuvant that is labeled for use on food crops can be used with a pesticide that is applied to medical cannabis that has the intended use allowed by the spray adjuvant label. Spray adjuvant use is limited to those allowed for use with an insecticide or fungicide.

(5) If a pesticide is used in the cultivation of medical cannabis, it shall be applied in a manner consistent with State and federal application requirements.

(6) Any pesticide used in the cultivation of medical cannabis shall be registered according to Agriculture Article, §5-105, Annotated Code of Maryland.

(7) The Department shall publish a list of pesticides for use in the cultivation of medical cannabis that is updated annually.

(8) The Natalie M. LaPrade Medical Cannabis Commission may remove any pesticide from the list of approved pesticides if there is reasonable documented evidence that the pesticide has the potential to cause harm to patients using medical cannabis.

(9) The Department may issue a stop-sale order to any registrant of a pesticide that the Secretary finds is in violation of Agriculture Article, Title 5, Annotated Code of Maryland, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, or the environment.

E. Restrictions on Use of Insecticides that Contain Chlorpyrifos.

(1) Aerial Applications Prohibited. A person may not conduct an aerial application of any insecticide containing Chlorpyrifos in the State.

(2) Other Applications Generally Prohibited After December 31, 2020.

(a) Except as provided in §E(2)(b) and (c) of this regulation, after December 31, 2020, a person may not apply an insecticide containing Chlorpyrifos or seeds that have been treated with Chlorpyrifos in the State for any use.

(b) Fruit Trees and Snap Bean Seeds. Until June 30, 2021, a person may use an insecticide containing Chlorpyrifos or seeds that have been treated with Chlorpyrifos in the State to treat snap bean seeds and the trunks and lower limbs of fruit trees. After June 30, 2021, such applications are prohibited unless authorized by the Secretary under §E(2)(c) of this regulation.

(c) Limited Particular Use Authorization. After December 31, 2020, a person may file a written application with the Department requesting authorization to use an insecticide that contains Chlorpyrifos or seeds that have been treated with Chlorpyrifos for a particular use. If the Secretary has determined that there are no effective alternatives for the particular use noted in the application, the Secretary may authorize such use for a specified period of time, which may not extend beyond December 31, 2021.

(3) Establishment of Committee. The Secretary shall establish a committee, with members appointed by the Secretary, to determine alternatives to using Chlorpyrifos or seeds that have been treated with Chlorpyrifos, which shall dissolve on December 31, 2021.

Cross References

15.05.01.03C

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.03 General Requirements for Licensees, Permittees, Certificate Holders, or Registered Employees.

A. Licensing Requirements.

(1) A private applicator shall obtain a certificate as provided under Regulation .07 of this chapter.

(2) A pest control applicator, pest control consultant, or public agency applicator shall obtain a certificate as provided under Regulation .08 of this chapter.

(3) Each place of business performing pest control shall be licensed as provided under Regulation .10 of this chapter.

(4) A public agency performing pest control shall obtain a permit as provided under Regulation .11 of this chapter.

(5) A person who sells or distributes restricted use pesticides shall obtain a permit as provided under Regulation .13 of this chapter.

B. Transfer of Certificate, License, or Permit Prohibited. A certificate, license, or permit issued under this chapter may not be transferred to any person.

C. Safety and Precautionary Requirements. In addition to the requirements set forth in Regulation .02 of this chapter, a licensee, permit holder, certified applicator, or registered employee shall:

(1) Use an effective anti-siphon device or back-flow preventer on all hoses or lines used to fill or rinse pest control equipment, pesticide containers, or areas where pesticides are mixed, loaded, or stored;

(2) Make use of scientific training, practical experience, and commonly recognized pesticide industry guidelines or recommendations which do not conflict with this chapter, when inspecting for, or treating, pests;

(3) Consider recommended alternative pest control measures, such as mechanical, cultural, physical, biological, or chemical control;

(4) Use and provide each employee with personal protective equipment and applicable safety information as indicated on the pesticide label or as required by regulation;

(5) Immediately notify the Department by telephone of any pesticide accident, incident, fire, flood, or spill, and report to the Department the full details of the event, including any remediation taken; and

(6) Have available at the time and place of application a copy of the label for the pesticide being applied.

D. Notifying Department of Certain Business Changes. Each licensee, permit holder, certified applicator, or consultant immediately shall notify the Department in writing if there is any change in business ownership, name, address, or phone number.

E. Certified Applicator Requirement.

(1) Designated Person. A licensee or permit holder, except a dealer, shall designate an individual who is certified in those categories for which each place of business is licensed. This designated person may not serve as the certified individual for more than one place of business.

(2) Loss of Certified Applicator. A licensee or permit holder immediately shall notify the Department when a certified applicator is no longer employed.

F. Vehicle Identification Requirement. The pesticide business name and license number shall appear on each motor vehicle transporting pesticides or devices used in pest control. The license number, which shall be preceded by the abbreviation for the Maryland Department of Agriculture, namely, “MDA”, and the business name, shall be:

(1) In bold print not less than 2 inches high; and

(2) Displayed on both sides of the vehicle.

G. Permitting Department to Sample and Inspect. A licensee or permittee shall permit the Department, upon presenting credentials, and at reasonable times, to sample any pesticide and inspect any:

(1) Device, container, product, apparatus, or equipment used, or intended for use, in pest control operations;

(2) Location from which pest control is conducted; and

(3) Pest control activity by a certified applicator or person under the applicator's supervision.

Cross References

15.05.01.18A(12)

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.04 Pest Control Employees — Responsibilities of Employer, the Department, and Employees.

A. Responsibility of Licensee or Permittee.

(1) Registering Employees. A licensee or permittee shall register with the Department each employee who performs pest control either when applying, respectively, for a license or permit, or within 30 days after the employee’s employment.

(2) Providing Identifying Information. A licensee or permittee shall provide the Department with the employee's name, social security number, and 1-inch by 1-inch photograph.

(3) Paying Initial and Renewal Registration Fees.

(a) New Employees. Beginning October 1, 2010, a licensee or permittee shall pay an initial registration fee of $30 for each new registered employee required to be registered under Regulation .04A(1) of this chapter.

(b) Existing Employees of Pest Control Consultant Licensees. Beginning January 1, 2011, a licensee or permittee shall pay an annual renewal fee of $30 for each registered employee required to be registered under Regulation .04A(1) of this chapter.

(c) Existing Employees of Pest Control Business Licensees and Not-for-Hire Licensees. Beginning July 1, 2011, a licensee or permittee shall pay an annual renewal fee of $30 for each registered employee required to be registered under Regulation .04A(1) of this chapter.

(4) Exemption. Permitted Public Agencies are exempted from paying the initial and renewal registration fees for registered employees.

(5) Duration.

(a) An employee registration for an employee of a Pesticide Business licensee, a Not-for-Hire licensee, or a permitted public agency becomes effective beginning July 1, or whenever obtained, and expires June 30.

(b) An employee registration for an employee of a Pest Control Consultant Licensee becomes effective beginning January 1, or whenever obtained, and expires December 31.

(6) Paying a Late Fee. If an application for renewal of an employee registration card is received by the Department more than 30 days after the renewal date of the registration card, the licensee is subject to a $30 late fee.

(7) Notifying Department of Employee's Termination. Within 30 days after termination of the registered employee, a licensee or permittee shall give the Department written notice of the employment termination.

(8) Training Employees.

(a) Ensuring Completion of Approved Program. Each licensee or permittee is responsible for ensuring that each employee, other than a certified applicator, successfully completes a training program approved by the Department. Employee training shall be completed within 30 days of employment and before registration with the Department.

(b) Prohibiting Untrained Employee From Certain Work. A licensee or permittee may not allow an employee who has failed to successfully complete an approved training program to perform pest control services unless a certified applicator or registered employee is physically present at the time and place of the pest control service.

(c) Verifying Training Completion. Upon request by the Department, each licensee or permittee shall provide written evidence that an employee has completed an approved training program. The licensee or permittee shall maintain throughout the duration of an employee's employment a record showing the date on which the employee completed the approved program.

B. Responsibility of Department.

(1) Approval of Training Program. The Department may approve any training program that includes at least the following subjects:

(a) Pesticide laws and regulations;

(b) Label comprehension;

(c) Safety and emergency procedures;

(d) Proper pesticide handling and storage;

(e) Pest identification and control recommendations;

(f) Pesticide application techniques;

(g) Environmental and health concerns; and

(h) Integrated pest management principles.

(2) Issuance of Identification Card. The Department shall issue an identification card to each employee that a licensee or permittee registers with the Department.

C. Responsibility of Employees.

(1) Use and Return of Identification Card. A registered employee shall carry an identification card and shall show it, on request, to any interested person. Upon termination, the registered employee shall return the identification card to the Department.

(2) Need to Complete Training Program. An employee who has not successfully completed a Department-approved training program may not apply pesticides unless a certified applicator or registered employee is physically present at the time and place of application.

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.05 Specific Requirements for Fumigation Operations.

A. Requirements Pertaining to Employees. To perform fumigation work, an employee of a licensee, permittee, or certificate holder shall:

(1) Be trained in fumigation practices;

(2) Have adequate knowledge of the fumigant; and

(3) Be provided with safety equipment necessary for the employee's protection.

B. Notification Requirement.

(1) Soil Fumigation. Before applying a soil fumigant within 300 feet of any residence, the certified applicator shall notify the occupant of the residence at least 24 hours before the application either by telephone, in person, or by written notice delivered to the residence. The notice shall include the following:

(a) Name of the certified applicator in charge and the applicator's telephone number where the applicator can be reached at any time;

(b) Name of fumigant; and

(c) Date and approximate time of fumigation and estimated length of fumigation period.

(2) Structural Fumigation. Before conducting any structural fumigation, the certified applicator shall give written notice to the local fire and health departments. The notice shall include the following:

(a) Pesticide business name, address, telephone number, and license number;

(b) Name of the certified applicator in charge and the applicator's telephone number or numbers where the applicator can be reached at all times;

(c) Name of fumigant;

(d) Location and type of structure; and

(e) Date and approximate time of fumigation and estimated length of fumigation period.

C. Posting of Warning Signs. The certified applicator shall post a warning sign on each side of the structure, container, or commodity to be treated. Each sign shall include:

(1) The skull and crossbones;

(2) The name of the fumigant;

(3) A warning statement, such as “keep out”;

(4) The name of the company; and

(5) The name and telephone number of the pest control applicator.

D. Posting of Guard. With the exception of commodities fumigated in transit or soil fumigation, the certified applicator shall post a guard on the site during the entire fumigation period. A guard shall remain on duty at the site at all times to prevent unauthorized persons from coming into contact with the fumigant.

E. Required Inspection. The certified applicator shall clear a structure or area of all persons before the fumigation. The applicator shall inspect the structure or area before reoccupancy for safe reentry.

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.06 Specific Requirements for Storing Pesticides.

A. Minimum Requirements for Storing Nonbulk Pesticides. At a minimum, a person licensed, certified, permitted, or registered by the Department under this chapter who is storing nonbulk pesticides shall ensure that the pesticides being stored and the pesticide storage areas meet the following requirements:

(1) The storage area shall be secured or locked to prevent unauthorized access;

(2) Pesticides shall be stored in a separate building or, at a minimum, shall be separated by a physical barrier from living and working areas and from food, feed, fertilizer, seed, and safety equipment;

(3) A warning sign approved by the Department shall be placed on the exterior of the storage area;

(4) Pesticides shall be stored in a dry, ventilated area;

(5) The pesticide storage area shall be kept clean;

(6) A supply of absorbent material sufficient enough to absorb a spill equivalent to the capacity of the largest container in storage shall be kept in the storage area;

(7) The storage area shall contain only pesticide containers that are properly labeled and are free of leaks;

(8) The storage area shall have an appropriate fire extinguisher available; and

(9) Pesticides shall be stored in an area located at least 50 feet from any water well or stored in secondary containment approved by the Department.

B. Transport of Pesticides.

(1) During transport, pesticide containers and application equipment shall be secured to prevent shifting or release of pesticides.

(2) Pesticides may not be placed or carried in the same compartment as the driver, food, or feed, unless in a manner that provides adequate protection for the safety and health of passengers from the pesticides.

C. Pesticide Service Containers.

(1) Pesticide Concentrate. If pesticide concentrate is temporarily stored or transported, its container shall have a securely attached label with the following information:

(a) Common name, if available, or chemical name of pesticide;

(b) U.S. EPA registration number;

(c) Signal word—Danger, Warning, or Caution; and

(d) Percent concentration.

(2) Pesticide End-Use Dilutions or End-Use Concentrates. If a pesticide is stored or transported, excluding application equipment, and if it does not require further dilution, its container shall have a securely attached label with the following information:

(a) Common name, if available, or chemical name of pesticide preceded by the words “Diluted” or “End-Use Concentrate”;

(b) U.S. EPA registration number;

(c) Signal word—Danger, Warning, or Caution; and

(d) Percent of concentration or pounds of active ingredient per volume.

D. Pesticide Container. A pesticide container may not be used for any purpose other than containing the originally labeled product, unless the product label states otherwise.

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.07 Private Applicator Certificate.

A. Each applicant for a private applicator certificate shall obtain from the Department a certificate before the initial purchase or use of a restricted use pesticide.

B. Each applicant shall apply to the Department, using a Departmental form.

C. Each applicant for a private applicator certificate shall be 16 years old or older, demonstrate proof of practical knowledge of pest control, and meet the following requirements:

(1) Pay a certificate fee of $7;

(2) Pass an examination given by the Department.

D. Duration. A certificate is valid for 3 years.

E. Certificate Renewal. A certificate may be renewed every 3 years by:

(1) Applying to the Department;

(2) Paying a certificate fee of $7; and

(3) Demonstrating knowledge of pesticide use by participating, within the 12 months before expiration of the current certificate, in a training course approved by the Department.

F. Record-Keeping Requirements. A person certified as a private applicator shall maintain records, as indicated in this section, on each general use or restricted use pesticide application. The records shall be held for 2 years, and shall be available, on request, to the Department. The following information shall be recorded:

(1) Name and address of certified applicator;

(2) Name and address of applicator, if different from §F(1) of this regulation;

(3) Location of treated area, including county, address of farm or production area, and field designation, if available;

(4) Date of pesticide application;

(5) Brand name or common name and EPA registration number of pesticide used;

(6) Application rate of pesticide used;

(7) Total amount of pesticide product used;

(8) Acreage, size of area treated, or number of plants or animals treated; and

(9) Crop, stored product, site, or commodity treated.

Cross References

15.05.01.03A(1)

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.08 Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator Certification, and Categories of Pest Control.

A. Certification. A person shall apply to the Department, using Departmental forms, for certification as a pest control applicator, pest control consultant, or public agency applicator in any of the following categories or subcategories of pest control:

(1) Agricultural. This category consists of the following subcategories:

(a) Plant. This subcategory authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control:

(i) In the production of agricultural crops including, but not limited to, small grains, soybeans, forage, tobacco, vegetables, small fruits, and tree fruits; and

(ii) On grasslands and noncrop agricultural lands.

(b) Animal.

(i) This subcategory authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control on livestock or poultry, including, but not limited to swine, sheep, horses, goats, chickens, and turkeys, where such animals are housed or otherwise confined.

(ii) A veterinary practitioner is not required to be certified under this chapter unless that person is a pest control applicator or pest control consultant.

(c) Grain Treatment. This subcategory authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control on, in, or around stored grain to prevent insect and rodent damage, including the use of a fumigant for this purpose.

(2) Forest. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in forests, forest nurseries, reforestation projects, or forest-seed producing areas.

(3) Ornamental or Turf. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in the maintenance and production of ornamental trees, shrubs, flowers, and turf. Subcategories are:

(a) Ornamental plants and shade trees — exterior;

(b) Ornamental plants — interior; and

(c) Turf and lawn pest control.

(4) Seed Treatment. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control on seed.

(5) Aquatic. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in or on standing or running water, wetland areas, or within tidal areas. This category does not include applicators engaged in public health pest control listed below.

(6) Right-of-Way and Weed. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in the maintenance of:

(a) Any public road, electric powerline, pipeline, railway right of way, or similar area; and

(b) Noncropland, fence lines, structural perimeters, or similar area.

(7) Industrial, Institutional, Structural, and Health Related Pest Control. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in, on, or around any food handling establishment, dwelling, business, or institution, such as schools, hospitals, industrial establishments, boxcars, ships, and airplanes. Subcategories are:

(a) General pest control — pest control of household pests within or adjacent to a structure of any kind. This subcategory does not include any subcategory indicated below.

(b) Wood destroying insects — pest control involving termites and other wood destroying insects in or on a structure of any kind. This subcategory includes pretreating areas before completion of a structure.

(c) Wildlife control — pest control involving birds, mammals, reptiles, and other wildlife not covered by the rodent control category. A person who holds a current Wildlife Damage Control Permit, as required by the Maryland Department of Natural Resources under COMAR 08.03.15, is not required to hold a license, permit, or certificate for wildlife pest control under the Maryland Pesticide Applicators Law, if that person does not:

(i) Provide damage control services for European starlings, feral pigeons, and house sparrows; or

(ii) Use pesticides, including repellants, in the course of that person's operations.

(d) Rodent control — pest control involving rodents found in or around structures.

(e) Fumigation — pest control involving the use of a fumigant to treat structures or commodities.

(8) Public Health. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in public health programs for the management and control of pests having medical and public health importance including, but not limited to, the management and control of mosquitoes.

(9) Regulatory. This category authorizes a public agency applicator to perform pest control of regulated pests.

(10) Demonstration and Research. This category authorizes a person to demonstrate pesticide and pest control application techniques or to supervise these demonstrations. Examples of individuals in this category are extension specialists, county agents, teachers, and commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs. This category also includes a person who conducts research with pesticides and, in doing so, uses or supervises the use of pesticides.

(11) Miscellaneous. This category authorizes a pest control applicator, pest control consultant, or public agency applicator to perform pest control in a category not included above. Subcategories are:

(a) Wood treatment — pest control for the preservation of wood or wood products, including utility pole maintenance, and includes, but is not limited to, pressure treatments, dipping, soaking, diffusion, injection, and topical applications;

(b) Tributyltin (TBT) antifoulant paint — pest control involving the use of marine antifoulant paints containing tributyltin;

(c) Sewer root control — pest control involving the control of roots in sewer lines.

(12) Consultant. This category authorizes a pest control consultant to perform pest identification, provide technical advice on pest control procedures, and make pesticide recommendations.

(13) Aerial. This category authorizes a pest control applicator or public agency applicator to perform pest control by fixed-wing or rotary aircraft to any crop or land area.

B. Certification Requirements.

(1) Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator. Each applicant for a pest control applicator certificate, pest control consultant certificate, or public agency applicator certificate shall be 18 years old or older, demonstrate proof of practical and scientific knowledge of pest control and meet the following requirements:

(a) Pay an annual fee of $75 plus $25 for each category in excess of one (public agency applicators are exempt from the fee);

(b) Pass an examination given by the Department; and

(c) Have one of the following:

(i) One year of experience acceptable to the Department as a full-time registered employee engaged in those categories in which the applicant seeks to be certified (proof of experience may include affidavits from former employers, certification or licensure from other states or the federal government);

(ii) A degree or academic certificate acceptable to the Department;

(iii) A combination of education and experience acceptable to the Department.

(2) Recertification. A certificate shall be renewed annually by:

(a) Applying to the Department;

(b) Demonstrating satisfactory knowledge of pesticide use by attending a training course approved by the Department, or by reexamination; and

(c) Paying the annual certification fee.

C. Duration.

(1) A pest control applicator certificate is valid beginning July 1, or whenever obtained, until June 30.

(2) A pest control consultant certificate is valid beginning January 1, or whenever obtained, until December 31.

D. If an application for renewal of a Pest Control Applicator or Pest Control Consultant Certificate is received by the Department more than 30 days after the expiration date of the certificate, the applicant is subject to a $30 late fee.

Cross References

08.03.15.04A(2)(f)

15.05.01.03A(2)

15.05.01.17A(1)(a)

15.05.01.17A(1)(b)

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.09 Examinations for Certification of Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator.

A. Each applicant for certification shall pass a written examination, given by the Department, in each category for which the applicant qualifies. Each applicant shall apply to the Department at least 1 month before the scheduled examination date and specify the category in which the applicant seeks to be certified.

B. The Department shall give the examination at least twice a year.

C. An applicant shall correctly answer 70 percent of each examination.

D. There is a $10 fee for each reexamination. Public agency certificate applicants are exempt from the fee.

E. An individual who has not renewed the certificate by its expiration date, June 30th of each year, may be reexamined as provided by this chapter.

F. An individual who passes an examination, but does not complete the other requirements for certification within 1 year from the date of the examination, shall be required by the Department to retake the examination.

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.10 Licenses — Types and Requirements.

A. Types. Each place of business performing pest control shall be licensed in those categories in which it operates. The licenses are:

(1) Pesticide business license — issued to a business performing pest control work;

(2) Pest control consultant license — issued to a business providing pest control consultation; and

(3) Not-for-hire license — issued to a person who performs, or whose employees perform, pest control services on property that is:

(a) Owned by the person; and

(b) Open to, or routinely used or enjoyed by members of the public, at the person's express or implied invitation, even though a fee or other charge may be administered for the property's use or enjoyment.

B. Requirements. An applicant for license or renewal of a license shall annually:

(1) Apply to the Department on a Departmental form;

(2) Designate an individual who is certified in those categories for which the business is licensed;

(3) Pay a $150 fee.

C. Insurance Requirements. An applicant for a pesticide business license or a renewal of a pesticide business license shall:

(1) Meet the requirements for minimum financial responsibility for bodily injury and property damage by carrying liability insurance with limits not less than:

(a) Bodily injury — $100,000 each person, $300,000 each occurrence;

(b) Property damage — $15,000 each occurrence, $30,000 annual aggregate provision.

(2) Furnish to the Department a certificate of insurance by an insurance company licensed to do business in the State. The license shall keep the insurance in force for the licensing period.

D. Duration.

(1) A pesticide business license is valid beginning July 1, or whenever obtained, to June 30.

(2) A pest control consultant license is valid beginning January 1, or whenever obtained, to December 31.

(3) A not-for-hire license is valid beginning July 1, or when obtained to June 30.

E. If an application for renewal of a Pesticide Business license, Pest Control Consultant license, or Not-for-Hire license is received by the Department more than 30 days after the expiration date of the license, the applicant is subject to a $30 late fee.

Cross References

15.05.01.03A(3)

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.11 Public Agency Permit — Operation and Requirements.

A. Operation. A public agency that performs pest control shall annually obtain a public agency permit indicating those categories in which the Department authorizes it to perform pest control.

B. Requirements. An applicant for a permit annually shall apply to the Department on Departmental forms and designate an individual who is certified in those categories in which the agency is permitted to do pest control.

C. Records. Records of each pest identification, pesticide recommendation, and pesticide application shall be made as provided in Regulation .12 of this chapter.

D. Duration. A public agency permit is valid beginning July 1, or whenever obtained, until June 30.

Cross References

15.05.01.03A(4)

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.12 Records.

Each licensee and permit holder shall maintain for 2 years records of each pest identification, pesticide recommendation, or pesticide application, and shall make these records immediately available, on request, to the Department. The following information shall be recorded, when applicable:

A. Name of applicator or consultant;

B. Date of application, recommendation, or pest identification;

C. The plant, animal, or site to which the pesticide was applied or recommended, and the pest to be controlled;

D. Acreage, square footage, cubic footage, linear footage, or numbers of plants or animals or a description of the area or structure treated with the acreage, square footage, cubic footage, or linear footage recorded when label instructions specify these measurements;

E. Address of treated property;

F. Name of owner or tenant of property;

G. Common name and EPA registration number of pesticide or pesticides used or recommended;

H. Rate and concentration of pesticides used or recommended;

I. Total amount of pesticide used;

J. Type of equipment used;

K. Time of day of application; and

L. The direction and estimated velocity of the wind at the site when the pesticide was applied, although this information need not be recorded if the application consists of baits in bait stations or is made in, or within 3 feet of, a structure.

Cross References

15.05.01.11C

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.13 Dealer Permit — Operation, Requirements, and Restrictions.

A. Operation. A person who sells or distributes restricted use pesticides shall hold a dealer permit from the Department.

B. Requirements. An applicant for this permit shall:

(1) Apply to the Department;

(2) List the dealer's name or business name, location, and phone number;

(3) Assign an individual to act as the Department's contact at the dealer's business office;

(4) Keep sales records as outlined in §E of this regulation; and

(5) Pay a $25 permit fee.

C. The permit shall be valid beginning January 1, or whenever obtained, until December 31.

D. Restriction.

(1) A dealer may not sell or distribute a restricted use pesticide to any person other than:

(a) A permitted dealer; or

(b) A certified applicator or that person's authorized representative.

(2) Proof of authorization shall be provided before sale or distribution.

E. Records. A person who sells or distributes restricted use pesticides shall maintain records, as indicated below, on the sale or distribution of each restricted use pesticide. These records shall be held for 2 years, and shall be available, on request, to the Department. The following information shall be recorded:

(1) Name of pesticide or pesticides sold or distributed, including formulation;

(2) Quantity sold or distributed;

(3) Date of sale or distribution;

(4) Name and address of purchaser or receiver; and

(5) Name and address of the certified applicator, if different from §E(4) of this regulation.

Cross References

15.05.01.03A(5)

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.14 Standards for Inspection for Pests.

A. Responsibilities — General. The following standards apply to each person regulated under this chapter, and each pest inspection shall be done according to the following standards by a person who is competent to determine the presence of target pests or their damage:

(1) Each inspection shall include a careful visual observation and thorough examination of the readily accessible area, object, material, structure, or part of a structure inspected. Particular attention shall be directed to those areas where target pests are likely to occur, based upon the habits and natural tendencies of the target pest.

(2) The inspector shall report accurately all findings in writing to the person or persons for whom the inspection was performed.

(3) The report shall indicate any findings or visible evidence of the target pest or pests. The initial inspection report for any wood destroying insect shall include a diagram of the structure inspected that indicates locations where target pests are found. Upon subsequent inspection, the initial inspection diagram shall be updated if structural changes are visible or when an insect reinfestation is observed.

(4) A copy of any inspection report for pest control contracted shall be held by each licensee, permit or certificate holder for 2 years, and shall be made available, upon request, to the Department.

B. This section applies only to inspections for wood destroying insects made in connection with a property transfer or for the purpose of securing a real estate loan. A person performing this inspection (licensee, certificate holder, or registered employee) shall:

(1) Sound or probe readily accessible structural members to inspect for wood destroying insects, and direct particular attention to the following readily accessible areas of the structure under inspection:

(a) Exterior. The exterior of a structure below eye level, without the use of ladders, shall be inspected.

(b) Interior/General, Including the Attic. The interior of the structure, including readily accessible attic area, shall be inspected.

(c) Interior/Basement. The interior of the basement area shall be inspected.

(d) Interior/Crawl Space. The crawl space area shall be inspected.

(2) Using Form MD-1, Maryland Wood Destroying Insect Inspection Report, complete an inspection report containing the following information:

(a) Date of inspection;

(b) Name and address of licensee performing inspection;

(c) Name of person performing inspection;

(d) Name of property owner or seller if known;

(e) Address of property or structure inspected;

(f) Description of structure inspected;

(g) Indicate areas of the structure inaccessible to inspector, including, but not limited to, areas of the basement, crawl space, main level, attic, exterior and attached garage or porch, and indicate reason why the area is inaccessible;

(h) Indicate presence or absence of wood destroying insects;

(i) Indicate visible evidence, if any, of wood destroying insects, including a description of the specific location of damage and insect, or insects, involved;

(j) Indicate visible damage, if any, to the structure, and if known indicate whether damage has, or will be, corrected or further evaluated;

(k) Indicate if insect control measures were performed;

(l) Indicate visible evidence of previous treatment;

(m) A statement required by the department about conditions conducive to infestation that may be present in or around structures;

(n) The name of the inspector and signature and title of the company representative if different from the inspector.

(3) Include with the inspection report a diagram of the structure inspected showing the locations where visible evidence of wood destroying insects is found, including the specific location of damage observed.

(4) The licensee is responsible for the cost of producing the inspection report form required under this section.

C. Canine Pest Detection Teams.

(1) A person may not operate a pest control business using a canine scent pest detection team to detect any pest, unless both the dog and the dog’s handler are trained according to the requirements of this regulation and the business is licensed and certified as required by this chapter.

(2) Each team shall be certified as satisfactorily trained, for pest detection by an individual or organization recognized by the Department, for each target pest for which it intends to offer pest detection services.

(3) A team may only be certified as trained for pest detection and not dogs or handlers who are not part of a team.

(4) A team shall be recertified each year as satisfactorily trained in pest detection work.

(5) An individual or organization that trains or certifies a team for pest detection work may use pseudo-scents and extracts for training purposes but shall not use them for certification testing purposes.

(6) Each person who operates a pest control business shall maintain accurate records of the training of each team and its certification. These records shall be maintained for 2 years and shall be made immediately available, on request, to the Department. The following information shall be kept:

(a) The name of the handler and the dog;

(b) The name, address and telephone number of the individual or organization that provided initial training, maintenance training, certification, or recertification of the handler and dog;

(c) The date when initial training, maintenance training, or recertification was completed;

(d) A certification by the individual or organization that trains the team that it has successfully completed any required training; and

(e) Proof that the team has been recertified as required by this regulation.

(7) Each team training test shall be designed by the qualified person to accurately evaluate the ability of a team to satisfactorily perform pest detection work.

(8) All training tests shall take place under conditions that are similar to conditions where target pests may be found.

(9) Any test shall consist at a minimum of 4 areas or spaces designed to restrict odors from moving between areas or spaces.

(10) Each test area described in §C of this regulation shall contain at least 2 distractors and 3 hides as follows:

(a) The person performing a testing shall place hides in the testing room or space at least 30 minutes before testing begins;

(b) A distractor shall represent the typical encountered under field conditions by a team in the region the team operates; and

(c) If a dead target pest is used as a distractor, the pest shall have been dead for at least 48 hours.

(11) The time limit for completing the search of all rooms, spaces or areas for a pest by a team is 20 minutes, excluding the time spent by the team travelling between rooms or spaces. Individuals or organizations conducting canine scent detection team testing shall adjust the time limit of the test to account for varying size rooms and spaces.

(12) The person conducting any testing shall pass or fail the team, however, one false alert is allowed but it cannot be on a placed distractor.

(13) If any dog is treated cruelly during testing, the dog team fails any test.

(14) At least two individuals shall conduct each test for the satisfactory detection of the team for a pest.

(15) Each individual conducting the test shall have a minimum of 5 years of documented experience, recognized by the Department, in dog scent handling, training and evaluation in at least one of the following areas:

(a) Law enforcement;

(b) Other government agency;

(c) Military; or

(d) Other comparable experience verifiable by the Department in dog scent detection training or evaluation.

D. A person testing a team may not be the dog’s current or former trainer and may not have any business or financial interest in the team’s business.

E. A person who tests a team for the detection of pests may have standards that are stricter than the standards provided in this chapter.

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.15 Posting of Sign.

A. A licensee or permittee applying a pesticide to a lawn or to exterior landscape plants shall post, at the time of application, a sign which conforms to the requirements of this regulation. This regulation applies only to a licensee or permittee in pest control category III—ornamental or turf, as described in Regulation .08 A(3) of this chapter.

B. The licensee or permittee who is required to post a sign under this regulation shall model it after that shown in Figure A and shall see that it meets the requirements described in §B(1)—(8) of this regulation:

(1) Size—4 inches in height × 5 inches in width.

(2) Composition—made of a sturdy, weather resistant material.

(3) Type—rigid, as opposed to a flag.

(4) Color—yellow background with black, bold-faced lettering.

(5) Information contained on front of sign—the same words and symbols in the specified sizes as shown in Figure A.

(6) Information contained on the back of the sign shall:

(a) Indicate the following:

(i) Date applied;

(ii) Name of licensee/permittee;

(iii) Telephone number of licensee/permittee;

(b) Be at least 18 point type (5/32 inch) in size; and

(c) Be either stamped or hand printed on the sign, printed on a stick-on label and placed on the sign, or printed on the sign.

(7) Stake—flexible, preferably not wire.

(8) Posting height—the bottom of the sign shall be at least 12 inches but not more than 16 inches above the surface of the soil.

C. For cemeteries, golf courses, parks, and similar sites, the Department may permit the licensee or permittee, before posting the sign, to vary the sign characteristics required by §B of this regulation.

D. The licensee or permittee shall place the sign required by this regulation at one of the following locations:

(1) At each primary access to the property treated, with the front of the sign facing the access;

(2) If only a spot pesticide application is made, or only a small area of a large area receives a pesticide application, a sign may be posted at the location where the pesticide application was made, with the front of the sign facing the probable path of access to the area; or

(3) For cemeteries, golf courses, parks, and similar sites, a sign shall be placed as described either in §D(1) or (2) of this regulation, or in a location approved by the Department.

E. The sign shall remain in place for 48 hours following the pesticide application, after which time the customer is responsible for removal of the sign.

F. A person may not remove, alter, or deface the sign or agree to conspire with another to remove, alter, or deface the sign within 48 hours of its posting.

G. The customer or licensee may not be held liable for any penalty for sign removal under this chapter if the sign is removed by another person or cause over which the customer or licensee has no control.

Cross References

15.05.02.11

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.16 Pesticide Information for Customer.

A. When a pesticide is applied, or at the time a customer enters into a contract with a licensee for pest control, a licensee shall provide a customer with the following written information:

(1) Name of licensee;

(2) Maryland pesticide business license number;

(3) Licensee telephone number;

(4) Maryland Poison Center telephone number;

(5) Common name of pesticide or active ingredient applied; and

(6) One of the following:

(a) An original or legible copy of the current pesticide product label;

(b) An original or a legible copy of that portion of the current pesticide product label or labeling containing precautionary statements regarding hazards to humans or animals and environmental hazards, if any; or

(c) A document containing appropriate health, safety, or precautionary information that has been taken from the pesticide label and approved by the Department before its distribution.

B. In addition to the required information in §A(6) of this regulation, a licensee may provide the customer with additional product information, such as:

(1) A Material Safety Data Sheet (MSDS);

(2) A U.S. Environmental Protection Agency fact sheet on the product; or

(3) Additional labeling information provided by the product manufacturer (registrant).

C. Product information, other than the current product label or labeling, that the licensee provides to the customer to comply with the requirements in §A(6) of this regulation shall be approved by the Department before its distribution.

D. Upon the customer's request, the licensee shall provide the customer with advance notice of a pesticide application.

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.17 List of Pesticide Sensitive Individuals.

A. Operations.

(1) This regulation applies to a licensee or permittee in the following pest control categories:

(a) Category (III) — ornamental or turf, as described in Regulation .08A(3) of this chapter; and

(b) Category (VIII) — public health, including the management of mosquitoes, as described in Regulation .08A(8) of this chapter.

(2) The notification requirements specified in this regulation do not apply to:

(a) The Maryland Department of Agriculture’s mosquito control program operated pursuant to Agriculture Article, Title 5, Subtitle 4, Annotated Code of Maryland; or

(b) A county in the State that provides mosquito control services, including, but not limited to, Baltimore County, Calvert County, Caroline County, and Wicomico County.

(3) The Department shall prepare from information provided by an applicant for registration a list of:

(a) Pesticide sensitive individuals who have registered with the Department under §B of this regulation; and

(b) Property owners who are contiguous or adjacent to those registered individuals and who may contract for pest control.

(4) The Department shall distribute:

(a) The list by February 15 of each year to licensees and permittees in the:

(i) Ornamental or turf pest control category; and

(ii) Public Health pest control category; and

(b) An updated list, when determined necessary by the Department.

B. Requirements for Registration.

(1) Upon request, the Department shall register a person:

(a) With a documented pesticide sensitivity, provided that person submits to the Department a current valid certificate from a physician indicating the person's pesticide sensitivity; or

(b) Who submits to the Department a physician's certificate indicating the person should not be exposed to a pesticide because of a current diagnosed condition or ailment.

(2) An applicant for registration shall provide the Department with the name, street address, and telephone number of the applicant and of each contiguous or adjacent property owner.

(3) A person qualifying for registration according to §B(1) of this regulation:

(a) May apply to the Department at any time for registration; and

(b) Shall notify immediately the Department of any address change.

(4) A physician's certificate is needed only for an initial registration.

(5) Registration is free.

(6) Annual renewal of registration shall be on a form provided by the Department.

C. Requirements of Licensee or Permittee. Before making a pesticide application to a property contiguous or adjacent to the property of a registered individual, a licensee or permittee shall notify the person registered with the Department:

(1) By telephone the day before, or the morning of, a planned pesticide application; or

(2) In person, or by a written notice delivered to the residence of the registered individual, before the pesticide is applied to a contiguous or adjacent property.

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.18 Enforcement.

A. The Department may issue a civil penalty or suspend, revoke, or deny any license, certificate, permit, or registered employee identification card, for any of the following reasons:

(1) Violating any provision of the Maryland Pesticide Applicators Law, these regulations, or the Federal Insecticide, Fungicide, and Rodenticide Act, as amended;

(2) Failing to establish and consistently maintain liability insurance required by this chapter;

(3) Conducting a pesticide application or inspection for pests in a faulty, careless, or negligent manner;

(4) Failing to make or maintain records or reports as required by the Department;

(5) Making false or fraudulent records or reports, including a false or misleading pest inspection report;

(6) Operating equipment for the purpose of applying pesticides without the supervision of a certified applicator;

(7) Committing fraud or misrepresentation in making application for licensure or certification;

(8) Exceeding the limits of the type or purpose of operation, as defined on the license, certificate, or permit;

(9) Failing or neglecting to maintain equipment used in pesticide application in good and proper working order;

(10) Presenting false or misleading information in the inspection for, identification of, or control of, pests;

(11) Being convicted of fraud in the performance of pest control;

(12) Failing to allow the Department to inspect or sample as outlined in Regulation .03G of this chapter;

(13) Applying a pesticide without a certificate or license as required by this chapter;

(14) Failing to provide to the Secretary any requested record as required by this chapter;

(15) Failing to ensure that each employee, other than a certified applicator, completes a Department-approved training program;

(16) Failing to pay a civil penalty imposed under Regulation .20 of this chapter; or

(17) Applying a pesticide to the property of another without the expressed permission of this property's owner or other person with authority to exercise control, management, or possession of the property.

B. In an emergency, the Secretary shall suspend a license, certificate, or permit immediately upon finding that public health, safety, or welfare imperatively warrants it.

C. An individual whose certificate, or part, is revoked or suspended may be required to retake the examination in the category for which that individual applies to be recertified after the suspension or revocation.

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.19 Hearings and Appeals.

A. Hearings.

(1) When a person is charged by the Secretary with a violation of this chapter, the Secretary shall give the person charged an opportunity to be heard pursuant to COMAR 15.01.01 concerning procedural rules on hearings.

(2) Following an emergency suspension a hearing shall be held promptly.

B. Appeals. A person whose license, certificate, permit, or registered employee identification card is denied, revoked, or suspended, may appeal according to Department regulations and the Administrative Procedure Act.

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018
COMAR 15.05.01.20 Assessment of Civil Penalty.

A. If the Department determines that a person has violated any provision of the Maryland Pesticide Applicators Law, these regulations, or the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, it may impose a civil penalty of not more than $2,500 for a first violation and not more than $5,000 for each subsequent violation. The total penalties imposed on a person for violations that result from the same set of facts and circumstances may not exceed $25,000.

B. In assessing a civil penalty imposed under §A, of this regulation, the Department shall give consideration to:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) Any actual harm to human health or to the environment including injury to or impairment of the use of the waters of this State or the natural resources of this State;

(3) The cost of control;

(4) The nature and degree of injury to or interference with general welfare, health, and property;

(5) The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety; and

(6) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

C. A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Department's decision to impose a penalty.

D. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department.

Cross References

09.12.28.06E(1)

15.05.01.18A(16)

History

  • Administrative History: Effective date: March 1, 1970
  • Administrative History: Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)
  • Administrative History: Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)
  • Administrative History: Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)
  • Administrative History: Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)
  • Administrative History: Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)
  • Administrative History: Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)
  • Administrative History: Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)
  • Administrative History: Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)
  • Administrative History: Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)
  • Administrative History: Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)
  • Administrative History: Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)
  • Administrative History: Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)
  • Administrative History: Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)
  • Administrative History: Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)
  • Administrative History: Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)
  • Administrative History: Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)
  • Administrative History: Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)
  • Administrative History: Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)
  • Administrative History: ——————
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.
  • Administrative History: COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)
  • Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018

15.05.02 Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds

COMAR 15.05.02.01 Scope of Regulations.

This chapter sets forth the procedure for a county board of education to:

A. Develop and implement in its schools and on school grounds an integrated pest management system; and

B. Notify a parent or guardian of a student attending a public school, a student, or a school staff member before a pesticide is applied in a school building or on school grounds during the school year.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Bait” means an insecticide or rodenticide mixed with a food material that attracts a pest.

(2) “Bait station” means a container enclosing an insecticide or rodenticide bait.

(3) “Contact person” means an individual:

(a) Knowledgeable about integrated pest management; and

(b) Designated by a county board to act as a contact for inquiries about the integrated pest management system.

(4) “Crack and crevice treatment” means the application of small amounts of a pesticide in a building into openings such as those commonly found:

(a) At expansion joints;

(b) Between levels of construction; and

(c) Between equipment and floors.

(5) “Department” means Maryland Department of Agriculture.

(6) “Emergency” means a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member.

(7) “Integrated pest management” means a managed pest control program in which methods are integrated and used to keep pests from causing economic, health-related, or aesthetic injury through the utilization of site or pest inspections, pest population monitoring, evaluating the need for control, and the use of one or more pest control methods, including sanitation, structural repair, nonchemical methods, and, when nontoxic options are unreasonable or have been exhausted, pesticides, in order to:

(a) Minimize the use of pesticides; and

(b) Minimize the risk to human health and the environment associated with pesticide applications.

(8) Pesticide.

(a) “Pesticide” means a substance or mixture of substances intended for:

(i) Preventing, destroying, repelling, or mitigating a pest;

(ii) Use as a plant regulator, defoliant, or desiccant; or

(iii) Use as a spray adjuvant, such as a wetting agent or adhesive.

(b) “Pesticide” does not include:

(i) An antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, used for cleaning purposes; or

(ii) A bait station.

(9) “School” means a public school in the public elementary and secondary system of the State.

(10) “School year” means that period during the year defined by each county board of education when public schools are regularly open for students.

(11) Space Spraying.

(a) “Space spraying” means an application of pesticide by discharge into the air throughout an entire room or area by a fogger or aerosol device.

(b) “Space spraying” does not include crack and crevice treatment.

(12) Staff Member.

(a) “Staff member” means an employee of a school system.

(b) “Staff member” includes an administrator, teacher, or other support personnel.

(c) “Staff member” does not include:

(i) A registered employee or pest control applicator certified by the Department; or

(ii) An individual assisting in the application of a pesticide.

(13) “Universal notification” means written notice by a school to all parents, guardians, and staff members.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.03 Integrated Pest Management System.

A. County Board of Education Requirements.

(1) Each county board of education shall:

(a) Develop and implement for its schools an integrated pest management system approved by the Department; and

(b) File a written integrated pest management plan with the Department for approval.

(2) When any change is made to the integrated pest management system, the county board of education shall submit the revised integrated pest management plan to the Department for approval before the initiation of the new plan.

B. The integrated pest management system of a county board of education shall meet the following minimum requirements:

(1) Have an integrated pest management policy;

(2) Have a policy on pest management roles and responsibilities of decision makers, including the name, address, and telephone number of the contact person;

(3) Have procedures for conducting the pest control program, including pest management objectives;

(4) Have procedures for regular inspection and monitoring activities to determine the presence and distribution of pests;

(5) Have standards to determine the:

(a) Severity of pest infestation; and

(b) Need for corrective action;

(6) Require each school:

(a) To make records documenting:

(i) Pest sightings;

(ii) Pest control procedures; and

(iii) Any communications to students and staff members regarding integrated pest management or pesticide use; and

(b) To maintain these records for 2 years and make these records immediately available, on request, to the Department.

(7) Have pest management strategies, including sanitation, structural repair, physical, cultural, and biological control, nonchemical methods and pesticide application, when nontoxic options are unreasonable or have been exhausted;

(8) Provide education and training of staff members, students and parents or guardians in integrated pest management procedures;

(9) Require an annual evaluation of:

(a) Integrated pest management strategies; and

(b) Program quality assurance; and

(10) Have procedures for notification of a parent or guardian of a student attending the school and of a staff member at the school before a pesticide is applied in a school building or on school grounds.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.04 Information for Parent, Guardian, or Staff Member.

A. School Notice Requirement.

(1) At the beginning of each school year, each school shall include notice of the school's integrated pest management system in the school calendar or other universal notification.

(2) The notice required in §A(1) of this regulation shall include the following information:

(a) A statement that explains the school's integrated pest management system;

(b) A list of the common name of any pesticide or bait station that may be used in a school building or on school grounds;

(c) The name, address, and telephone number of the contact person;

(d) A statement that the contact person maintains the product label and material safety data sheet of each pesticide or bait station used in a school building or on school grounds;

(e) A statement that the:

(i) Product label or material safety data sheet is available for review by a parent, guardian, staff member, or student attending the school, and

(ii) Contact person is available for information or comment; and

(f) Instructions for including a parent, guardian, or staff member on a pesticide notification list provided for in §B of this regulation.

(3) After the beginning of a school year, a school shall provide the written information required by this regulation to a:

(a) Parent or guardian of a newly enrolled student; and

(b) Newly employed staff member.

(4) The written notice shall be approved by the Department before distribution.

B. Pesticide Notification List.

(1) At the beginning of each school year, each middle school or high school shall develop a pesticide notification list of each staff member and of each parent or guardian of a student attending the school who requests in writing prior notification of a pesticide application made during the school year in the school building or on school grounds.

(2) The school shall:

(a) Keep the pesticide notification list current; and

(b) Add names upon written request by a:

(i) Parent or guardian of a student attending the school, or

(ii) Staff member.

(3) The school shall make the pesticide notification list available to the Department, upon request.

Cross References

15.05.02.06A

15.05.02.07C(2)(e)

15.05.02.09B(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.05 Notification of a Pesticide Application in an Elementary School Building or on School Grounds.

A. During the school year, each school that enrolls elementary school students shall notify each parent or guardian of a student attending the school and each staff member:

(1) At least 24 hours before a pesticide is applied in a school building or on school grounds; and

(2) For emergency pest control:

(a) Within 24 hours after a pesticide is applied, or

(b) On the next school day, as provided in Regulation .09 of this chapter.

B. The following information shall be provided in the notification required by §A of this regulation:

(1) Common name of the pesticide applied;

(2) Location of the application;

(3) Date and time of the application;

(4) The following language: “The Office of Pesticide Programs of the United States Environmental Protection Agency has stated: `Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than 2 years old), should avoid any unnecessary pesticide exposure'”;

(5) A brief description, approved by the Department, of potential adverse effects, based upon the material safety data sheet of the pesticide applied; and

(6) Reason for the emergency application, if applicable.

C. The school shall provide notification by a written notice sent home with each student or provided to each staff member.

D. For application on school grounds, the notice of the planned date and time of application may specify that weather conditions or other extenuating circumstances may cause the actual date of application to be postponed to a later date or dates.

E. If the actual date of application is more than 14 days later than the planned date provided in the notice, notice of the application required under this regulation shall be reissued.

Cross References

15.05.02.09B(1)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.06 Notification of a Pesticide Application in a Middle School Building or High School Building or on School Grounds.

A. During the school year, each middle school or high school shall notify each parent or guardian and staff member on the pesticide notification list, as provided in Regulation .04B of this chapter:

(1) At least 24 hours before a pesticide is applied in a school building or on school grounds; and

(2) For emergency pest control:

(a) Within 24 hours after a pesticide is applied, or

(b) On the next school day, as provided in Regulation .09 of this chapter.

B. The following information shall be provided in the notification required by §A of this regulation:

(1) Common name of the pesticide applied;

(2) Location of the application;

(3) Date and time of the application;

(4) The following language: “The Office of Pesticide Programs of the United States Environmental Protection Agency has stated: `Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than 2 years old), should avoid any unnecessary pesticide exposure'”;

(5) A brief description, approved by the Department, of potential adverse effects based upon the material safety data sheet of the pesticide applied; and

(6) Reason for the emergency application, if applicable.

C. The school may provide prior notification by:

(1) A written notice sent home with the student or provided to the staff member;

(2) A telephone call;

(3) Direct contact; or

(4) A written notice mailed at least 3 days before the application.

D. For application on school grounds, the notice of the planned date and time of application may specify that weather conditions or other extenuating circumstances may cause the actual date of application to be postponed to a later date or dates.

E. If the actual date of application is more than 14 days later than the planned date provided in the notice, notice of the application required under this regulation shall be reissued.

Cross References

15.05.02.09B(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.07 Notification of Space Spraying.

A. Except as provided by Regulation .09 of this chapter, each school that intends to use space spraying in a school building shall provide written notice to each parent or guardian and staff member at least 1 week before the application.

B. The written notice shall be sent home with each student or provided to each staff member.

C. The notice shall:

(1) Be on a separate paper sheet at least 8-1/2 by 11 inches in size; and

(2) Contain:

(a) Common name of pesticide to be used,

(b) Location of space spraying,

(c) Planned date and time of space spraying,

(d) The following language: “The Office of Pesticide Programs of the United States Environmental Protection Agency has stated: `Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than 2 years old), should avoid any unnecessary pesticide exposure'”,

(e) A brief description, approved by the Department, of the pesticide to be applied, if the pesticide is not addressed in the notice as provided by Regulation .04 of this chapter,

(f) A brief description of potential adverse effects based upon the material safety data sheet of the pesticide to be applied, and

(g) The name and telephone number of the contact person.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.08 In-School Notification.

A. Pesticide Application in a School Building.

(1) Each school system shall develop an appropriate means of in-school notification to students and staff before a pesticide is applied in a middle school building or high school building.

(2) The in-school notification shall include a sign or notice posted:

(a) At the room or area of the pesticide application; and

(b) Either:

(i) At the primary entrance to the school, or

(ii) In a central school location accessible to parents, guardians, students, and staff.

(3) In-school notification to students and staff may also include:

(a) Oral announcements; or

(b) Written notices.

(4) The notice or sign shall include the following information:

(a) “Caution—Pesticide Application”;

(b) Common name of the pesticide applied;

(c) Location of the application;

(d) Date of the application; and

(e) Contact person for additional information, including information on potential adverse effects.

(5) The notice or sign shall remain posted for at least 48 hours after a pesticide is applied.

B. Bait Station.

(1) Each school system shall provide in-school notification to students and staff before a bait station is used in any school.

(2) The in-school notification shall include a sign or notice posted on the door of the room or primary entrance to the area in which the bait station is placed.

(3) The notice or sign shall include the following information:

(a) “Caution-Pesticide Application”;

(b) Common name of the pesticide applied;

(c) Date the bait station was placed in the room or area; and

(d) Contact person for additional information, including information on potential adverse effects

(4) The notice or sign shall remain posted until the bait station is removed.

C. Pesticide Application on School Grounds.

(1) Each school system shall develop an appropriate means of in-school notification to students and staff before a pesticide is applied on the school grounds of a middle school or high school.

(2) The in-school notification shall include a sign or notice posted:

(a) At the primary entrance to the school; or

(b) In a central location accessible to parents, guardians, students, and staff.

(3) In-school notification to students and staff may also include:

(a) Oral announcements; or

(b) Written notices.

(4) The notice or sign required under §C(2) of this regulation shall:

(a) Include the following information:

(i) “Caution—Pesticide Application”,

(ii) Common name of the pesticide applied,

(iii) Location of the application,

(iv) Date of the application, and

(v) Contact person for additional information, including information on potential adverse effects; and

(b) Remain posted for at least 48 hours after a pesticide is applied.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.09 Emergency Pest Control.

A. A pesticide may be applied in a school building or on school grounds without prior notification only if an emergency pest situation exists.

B. Within 24 hours after an emergency pesticide application, or on the next school day, the school shall notify:

(1) The parent or guardian of each student and each staff member at an elementary school according to Regulation .05 of this chapter; or

(2) Each parent or guardian and staff member on the pesticide notification list provided by Regulation .04B of this chapter, for a middle school or high school according to Regulation .06 of this chapter.

Cross References

15.05.02.05A(2)(b)

15.05.02.06A(2)(b)

15.05.02.07A

15.05.02.10A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.10 Pesticide Application in a Public School Building or on School Grounds.

A. A licensee, permittee, or certificate holder may not apply a pesticide in a school building or on school grounds until notification is provided in accordance with Regulation .05, .06, .07, or .08 of this chapter, unless provided in accordance with Regulation .09 of this chapter.

B. A person who applies a pesticide in a school building or on school grounds shall be a:

(1) Certified applicator; or

(2) Registered employee working under the supervision of a certified applicator.

C. A licensee, permittee, or certificate holder shall provide the school with a record of each pesticide application at the time of the pesticide application.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland
COMAR 15.05.02.11 Posting of Sign on School Grounds.

A licensee or permittee applying a pesticide to a school ground shall post, at the time of application, a sign which conforms to the requirements of COMAR 15.05.01.15B—G.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)
  • Administrative History: Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)
  • Administrative History: Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)
  • Administrative History: Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)
  • Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland

15.06.01 Movement of Vegetable Plants into Maryland

COMAR 15.06.01.01 Scope of Regulations.

A. Regulated Area. All states, territories, and districts outside of Maryland.

B. Regulated Articles. Vegetable plants intended for transplanting, including broccoli, brussel sprout, cabbage, cauliflower, collard, eggplant, kale, lettuce, onion, pepper, asparagus, sweet potato, and tomato.

History

  • Administrative History: Effective date: April 13, 1977 (4:8 Md. R. 644)
  • Authority: Agriculture Article, §§5-301—5-313, Annotated Code of Maryland
COMAR 15.06.01.02 Conditions of Movement into Maryland.

A. Any of the regulated articles, free from soil or in soil freed from plant pests by methods acceptable to the certifying agency, may be moved into Maryland when accompanied by an official inspection certificate of the state of origin. The certificate shall establish that the plants were grown under, and meet the requirements of, an official plant certification program of the state of origin and that the plants were certified to be free of plant pests based on an inspection made not more than 3 days before shipment or removal from the soil.

B. The official inspection certificate shall be attached to each crate, basket, or other container.

C. Each crate, basket, or other container of plants shall be labeled individually as to variety and number of transplants.

History

  • Administrative History: Effective date: April 13, 1977 (4:8 Md. R. 644)
  • Authority: Agriculture Article, §§5-301—5-313, Annotated Code of Maryland
COMAR 15.06.01.03 Transplant Standards.

A. Imported transplant standards include the following:

(1) All plants shall be of good quality in color, freshness, firmness, strength, straightness, undamaged condition, uniformity of size, and physical condition;

(2) Plants shall be apparently free from injurious pests, fruit, excessive bloom, and weeds;

(3) Plant count shall equal or exceed the number listed on the container.

History

  • Administrative History: Effective date: April 13, 1977 (4:8 Md. R. 644)
  • Authority: Agriculture Article, §§5-301—5-313, Annotated Code of Maryland
COMAR 15.06.01.04 Inspection at Maryland Destination.

A. Any of the regulated articles entering the State are subject to inspection by the Department, and, if any are found to be infested with plant pests, or do not meet transplant standards, or are not accompanied by a valid certificate, they may be destroyed immediately or ordered removed from the State.

B. Each container shall be conspicuously labeled with the name and address of the grower and shipper, the varietal name or names, and the plant count of each variety.

History

  • Administrative History: Effective date: April 13, 1977 (4:8 Md. R. 644)
  • Authority: Agriculture Article, §§5-301—5-313, Annotated Code of Maryland

15.06.02 Plant Pest Control Regulations

COMAR 15.06.02.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Broker” means a person, except a nurseryman or dealer, who solicits, takes orders, sells, or distributes nursery stock.

(2) Dealer.

(a) “Dealer” means a person, except a nurseryman or broker, who:

(i) Advertises nursery stock for sale or installation; or

(ii) Buys, collects, or otherwise acquires wild plants or nursery stock for the purpose of selling, planting, or distributing them.

(b) “Dealer” does not include a person who acquires plants for personal use.

(3) “Department” means Maryland Department of Agriculture.

(4) “Inspection” means the physical or visual examination of nursery stock or other plant materials and its environs.

(5) “Inspector” means an employee of the Department designated to enforce these regulations.

(6) “Location” means each place from which nursery stock is sold, offered for sale, or distributed.

(7) “Nursery” means a place where nursery stock is produced for sale or distribution.

(8) “Nursery Inspection Certificate (NIC)” means a certificate issued by the Department to a designated nursery.

(9) “Nurseryman” means a person engaged in the production of nursery stock for sale or distribution.

(10) “Nursery stock” means:

(a) Any hardy plant or plant that survives Maryland winters, including a deciduous or evergreen tree, shrub or woody vine whether cultivated, native, or wild, and all viable parts of the plant;

(b) Any nonhardy plant or plant part to be distributed in another state that requires plant inspection and certification before entering that state; and

(c) Any other plant included by the Secretary, if regulating its movement is necessary to control any dangerously injurious plant pest.

(11) “Person” means an individual, partnership, corporation, association, organized group of persons, or any other legal entity.

(12) “Plant Broker License (PBL)” means a license issued by the Department to any persons designated as a broker.

(13) “Plant Dealer License (PDL)” means a license issued by the Department to any persons designated as a dealer.

(14) “Plant pest” means any insect, snail, nematode, fungus, virus, bacteria, weed, or any other form of terrestrial or aquatic plant or microorganism which is normally considered to be a plant pest or which the Secretary declares to be a plant pest.

(15) “Secretary” means Secretary of Agriculture or the Secretary’s designee.

(16) “State of origin” means the state where nursery stock was produced or maintained during the previous growing season.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.02 Categories of Operation.

The following categories of operations are established and, upon meeting the requirements of these regulations, a person in these categories will be issued the type of certificate or license indicated:

A. Nursery Inspection Certificate.

(1) Christmas tree production—the production of Christmas trees.

(2) Greenhouse plant production—the growing of nursery stock under glass, fiberglass, plastic or other similar material.

(3) Landscape nursery operation—the production of nursery stock to be used for landscape purposes by the producing nursery.

(4) Nursery stock production—the growing of nursery stock for sale or distribution.

(5) Public agency nursery—a federal, State, or local government agency engaged in the production of nursery stock for research or educational purposes, for reforestation projects, or for use on public lands.

B. Plant Broker License. Broker—a person acting as an agent or middleman between a grower and a wholesale or a retail customer.

C. Plant Dealer License.

(1) Chain store—one of two or more retail outlets owned by a person selling nursery stock.

(2) Collector—a person engaged in the collection and the sale or distribution of wild or native nursery stock.

(3) Garden center—an operation engaged in the sale or distribution of nursery stock.

(4) Landscape contractor—a person who installs nursery stock on the property of another.

(5) Mail order--the shipping or drop-shipping (at retail) of nursery stock from orders solicited or received through the mail.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.03 Certification of Nurseries.

A. A nursery producing nursery stock for distribution, exchange, or sale shall hold a valid Nursery Inspection Certificate for each sales location.

B. Requirements for Certification. An applicant must fulfill the following requirements for certification:

(1) Make application to the Department on forms provided by the Department;

(2) Furnish an affidavit attesting to the number of acres, or part of an acre, devoted to the production or maintenance of nursery stock;

(3) Pay annual fees as specified in Regulation .06A at the time of application for, or renewal of, a certificate;

(4) Provide access for the inspection of all nursery stock;

(5) Follow appropriate cultural practices such that an adequate inspection of the nursery stock can be made;

(6) Provide a suitable means of identifying similar blocks of nursery stock, as required by the Department;

(7) Keep nursery stock free of plant pests;

(8) Furnish a list of his suppliers of nursery stock.

C. A nursery will be assigned a permanent certification number at the time all requirements for certification have been met and the original Nursery Inspection Certificate is issued. Unless sooner revoked, a certificate is valid for a year beginning January 1, or date of issuance, and ending December 31.

D. A certificate is not transferable.

E. Nursery inspection certificates will be renewed annually upon meeting all requirements as outlined in this regulation.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.04 Plant Dealer License.

A. A plant dealer engaged in the sale or distribution of nursery stock shall hold a valid Plant Dealer License for each sales location.

B. Requirements for Licensure. An applicant must fulfill the following requirements for licensure:

(1) Make application to the Department on forms provided by the Department;

(2) Furnish a list of his suppliers of nursery stock;

(3) Maintain records for 1 year of plant acquisitions, including certificate of inspection or another document indicating consignor and state of origin;

(4) Furnish an affidavit attesting to the number of acres, or part of an acre, used as a holding or sales yard for nursery stock;

(5) Pay annual fees as specified in Regulation .06A at the time of application for, or renewal of, a license;

(6) Provide access for the inspection of all nursery stock;

(7) Follow appropriate cultural practices such that an adequate inspection of the nursery stock can be made;

(8) Provide a suitable means of identifying similar blocks of nursery stock as required by the Department; and

(9) Keep nursery stock free of plant pests.

C. A plant dealer will be assigned a permanent license number at the time all requirements for licensure have been met and the original license is issued. Unless sooner revoked, a license is valid for a year beginning January 1, or date of issuance, and ending December 31.

D. A license is not transferable.

E. Plant dealer licenses will be renewed annually upon meeting all requirements as outlined in this regulation.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.05 Plant Broker License.

A. A plant broker engaged in the business of soliciting, taking orders, selling, or distributing nursery stock in the State shall hold a valid Plant Broker License.

B. Requirements for Licensure. An applicant must fulfill the following requirements for licensure:

(1) Make application to the Department on forms provided by the Department;

(2) Pay the annual license fee as specified in Regulation .06B at the time of application for, or renewal of, a license;

(3) Furnish a list of nurseries for which he acts as a broker.

C. A plant broker will be assigned a permanent license number at the time all requirements have been met and the original license is issued. Unless sooner revoked, the license is valid for a year beginning January 1, or date of issuance, and ending December 31.

D. A license is not transferable.

E. Plant broker licenses will be renewed annually upon meeting all requirements as outlined in this regulation.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.06 Fee Schedule.

A. Fees shall be assessed according to the requirements in §§B—I of this regulation.

B. Persons Issued a Nursery Inspection Certificate or a Plant Dealer License.

(1) For field inspections of:

(a) 1 acre or less— $20;

(b) More than 1 acre to 5 acres—$30;

(c) More than 5 acres to 10 acres—$40;

(d) More than 10 acres—$5 for each acre or part of any acre, up to a maximum of $1,500.

(2) Nursery Inspection Certificate—$150 a year for each sales location.

(3) Plant Dealer License—$150 a year for each sales location.

C. Persons issued a Plant Broker License. Plant Broker License—$150 a year.

D. Certified Seed Potatoes.

(1) Production.

(a) Field Inspection—$4 an acre or part thereof a year.

(b) Bin Inspection—2 cents for each 100 pounds.

(2) Imported Seed for Planting. Boxcar or Warehouse Inspection—8 cents for each 100 pounds.

(3) Fees are due upon receipt of an invoice from the Department.

E. Trueness to Name Plant Certification.

(1) Fees—$50 per acre or part of an acre in plant production.

(2) Fees are due upon receipt of an invoice from the Department.

F. Virus-Free Plant Certification.

(1) Certification Fee. Each plant producer shall pay the Secretary the following certification fee for each acre, or part of an acre, in plant production:

(a) Strawberry plants—$50;

(b) Grapevines, fruit trees, and bramble plants—$70.

(2) Fees are due upon receipt of an invoice from the Department.

G. Miscellaneous Service Fees.

(1) Soil sample analysis:

(a) pH—$10;

(b) Fertility—$10;

(c) Pathogen—$25;

(d) Nematode—$25.

(2) Pest identification:

(a) Routine—$5;

(b) Nonroutine—$15;

(c) Urgent—$25.

(3) Equipment fumigation:

(a) Equipment pick up—$25;

(b) Equipment return—$25;

(c) Hive body/deep super—$4;

(d) Shallow super—$3.50;

(e) Miscellaneous equipment—$1.50.

(4) Phytosanitary certificates:

(a) Including travel—$25;

(b) Excluding travel—$5.

H. Other Miscellaneous Fees—up to $25 for each:

(1) Publication;

(2) Inspection;

(3) Analysis; or

(4) Sample.

I. A federal, State, or local public agency is exempt from the license and inspection fees required by this regulation.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.07 Plant Standards.

A. Identification of Nursery Stock Produced in Maryland.

(1) Each piece of nursery stock offered for retail sale shall be accompanied by a label containing the following information, except as provided in §A(2), below:

(a) Plant Name. This name may be the scientific name or an approved common name, or both. The variety name may also be on the label, but may not be used in lieu of the scientific or approved common name.

(b) Height or caliper or grade or diameter if sold by this measure.

(c) Price of each plant.

(2) Nursery stock offered for retail sale shall be exempt from individualized labeling, provided it meets one of the following requirements:

(a) Nursery stock that is balled and burlapped, packaged, or in a container shall be grouped by identical size, variety, and cost into a bed or lot separated from similar beds or lots. Each bed or lot shall be marked with a permanent legible sign containing the information required by §A(1) of this regulation.

(b) Each block, bed, or row of nursery stock growing in the field shall be marked with a permanent legible sign containing the plant name.

(3) Each piece of nursery stock, or lot of identical pieces, sold or transported for wholesale, shall be accompanied by a bill of lading, delivery ticket, invoice, or label containing the information, except price, required by §A(1), above.

B. Identification of Nursery Stock Grown Outside the State.

(1) All nursery stock grown outside the State and shipped into the State shall meet the minimum standards for nursery stock grown in the State.

(2) If this nursery stock is to be sold at retail, it shall comply with §A(1), above, at time of retail sale.

(3) If this nursery stock is sold at wholesale, it shall comply with §A(3), above.

(4) If nursery stock is to be shipped from the State to any other state, it shall remain labeled conspicuously as to the name of the plant and the state of origin while maintained in the State. This nursery stock shipped from Maryland shall comply with §A(3), above.

C. Labeling and Advertising.

(1) Nursery stock may not be labeled or advertised with false or misleading information.

(2) A label shall be legible at the time of sale.

(3) A person may not offer for sale, sell, or distribute, any nursery stock represented to be “virus-free”, “essentially virus-free”, or any other similar notation, unless that stock is produced under a program accepted by the Department. All plants offered for sale as “virus-free,” “essentially virus-free”, or any other similar notation shall have state of origin and name of producer on the label.

D. Maintenance of Nursery Stock.

(1) Nursery stock offered for sale shall be kept in a healthy condition.

(2) Nursery stock which is dead or dying may not be sold or offered for sale.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.08 Infested Plants or Plant Parts.

Any plant or plant part, whether or not included under the definition of nursery stock, found in the State infested with injurious plant pests, is subject to stop sale or condemnation seizure procedures outlined in Regulations . 09 and .10, respectively. Infested plants may be returned to the shipper, treated, destroyed, or otherwise disposed of by the inspector without compensation to the consignor.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.09 Stop Sale.

A. Nursery stock infested or infected with a dangerously injurious plant pest (See Regulation .12A) may be marked with a stop- sale tag indicating that it may not be sold or distributed.

B. The owner, tenant, or person in charge of the property where nursery stock covered by a stop-sale notice is located shall be given written notice of the stop-sale action.

C. A person may not sell, offer for sale, use, dispose of, or in any way destroy nursery stock covered by a stop-sale notice, or detach, alter, or destroy any attached tag without the Department's written authorization.

D. Nursery stock covered by a stop-sale notice shall be treated or destroyed as specified by the Department.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.10 Condemnation Seizure.

A. A condemnation seizure notice may be issued for nursery stock originating in, or shipped into, the State, infested or infected with plant pests.

B. Nursery stock infested or infected with any pest listed in Regulation .12A shall be destroyed unless the shipper or consignor agrees to have the plants returned to him at his expense.

C. Nursery stock infested or infected with any pest listed in Regulation .12B shall be destroyed unless the shipper or consignor agrees to have the plants returned or treated at his expense.

D. Nursery stock ordered treated may not be sold or offered for sale until it has been released for sale by the inspector. The cost of any required treatment shall be paid by the shipper or consignor.

E. The shipper or consignor shall forfeit any nursery stock condemned, seized, or destroyed, and may not collect its value from a purchaser or consignee.

F. A condemnation seizure notice may be issued for nursery stock that is not properly certified by the state of origin. The nursery stock shall be destroyed unless the shipper or consignor agrees to:

(1) Have the nursery stock returned at his expense;

(2) Provide proper certification;

(3) Authorize an inspector to examine and certify the nursery stock at the expense of the shipper or consignor.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.11 Treatment or Destruction Orders.

A. Nursery stock infested or infected with a plant pest (See Regulation .12A--B) shall be ordered treated or destroyed.

B. The owner, tenant, or person in charge of nursery stock covered by a treatment order shall:

(1) Learn from the inspector of suitable techniques for control of the pests;

(2) Have the nursery stock treated; and

(3) Inform the inspector in writing when pests have been controlled.

C. If a suitable control technique is not available, or if control is not obtained, or if the owner, tenant, or person in charge of the nursery stock fails to comply with a treatment order, nursery stock shall be destroyed by the owner in a manner approved and supervised by the Department.

D. If the owner, tenant, or person in charge refuses or fails to comply with the destruction order, the

(1) Department shall seize, destroy, or treat the infested or infected nursery stock and

(2) Owner shall pay costs.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.12 Classification of Plant Pests.

A. Dangerously Injurious Plant Pests.

(1) A stop sale notice may be issued when any plant pest of quarantine significance is detected or is a plant pest that is not known to occur in the State.

(2) Insects. A stop-sale notice may be issued when the following insects are detected:

(a) Stem and trunk borers such as Dogwood, Ash, Lilac, Iris, Rhododendron, Lesser peach tree, Bronze birch, and peach tree;

(b) Scale insects, such as Euonymus, Elongate hemlock, Hemlock, Pit, Obscure, Japanese maple, Latania, Camellia, Oystershell, San Jose, Tea, White peach, Yangicola;

(c) Beetles, such as Whitefringed, Black vine weevil, Fullers rose beetle, White pine weevil;

(d) Caterpillars such as Gypsy moth;

(e) Gall adelgids such as Eastern spruce;

(f) Leafminers, such as Boxwood;

(3) Plant Diseases. A stop-sale notice may be issued when the following plant diseases are detected:

(a) Vascular wilt diseases, such as Dutch elm disease, Oak wilt, Verticillium wilt, Mimosa wilt, Phytophthora wilt, Elm phloem necrosis;

(b) Canker diseases, such as Chestnut blight, Nectria cankers, Botryosphaeria cankers, Cytospora cankers, White pine blister rust, Phytophthora cankers, Fusarium cankers, Strumella cankers, Volutella cankers, Phomopsis cankers, Discula anthracnose of dogwood;

(c) Bacterial diseases, such as Crown gall, Fire blight, Wetwood (Slime-flux);

(d) Galls, such as Rust galls on Pinus spp., Black knot on Prunus spp., Cedar-apple rust galls on Juniperus spp., Crown gall, Root-knot nematode;

(e) Plants infected with viruses or phytoplasms, such as Holly ringspot, Rose mosaic, Rose ring pattern, Stem pitting of Prunus, Fasciation, Witches'-broom Tospoviruses;

(f) Root diseases, such as Armillaria root rot (Shoestring root rot); Phytophthora, Pythium, Rhizoctonia, and Fusarium root rots; Damping-off; Wilts; Root-knot, cyst, and other plant parasitic nematodes;

(g) Needle blight, needle cast, and needle rust diseases of evergreens, such as Diplodia tip blight, Phomopsis blight, Brown spot needle blight, Lophodermium needle cast, Rhabdocline needle cast, Coleosporium needle rust;

(h) Gymnosporangium rusts, such as Hawthorn, and Cedar-apple;

(i) Any other disease or abnormal condition of growth determined by the Department to be dangerously injurious to plants.

(4) Weeds. A stop-sale notice may be issued when the following weeds are detected infesting the soil known as the root ball: Mugwort, Bermudagrass, Dodder, Johnsongrass, Poison ivy, Thistles, Witchweed, Mile-a-Minute, or any other weed determined by the Department to be dangerously injurious.

B. Harmful Plant Pests.

(1) Insects. A treatment order may be issued when the following insects constitute a serious threat or are causing economic damage to nursery stock:

(a) Scale insects, such as Gloomy, Putnam, Scurfey, Wax, Magnolia, Tulip trees, Peony;

(b) Caterpillars, such as Bagworm, European pine shoot moth, Nantucket pine tip moth;

(c) Lace bugs, such as Azalea, Andromeda, Hawthorn;

(d) Adelgids, such as pine bark;

(e) Leafminers, such as Holly;

(f) Mites, such as Twospotted spider, Spruce spider, Southern red;

(g) Beetles, such as Japanese, Japanese Weevil, and

(h) Aphids.

(2) Diseases. A treatment order may be issued when the following diseases or disorders constitute a serious threat or are causing economic damage to nursery stock: Foliar and flower diseases, such as Anthracnose, Powdery mildew, Leaf spots, Botrytis blight, Scab, Sooty mold, Leaf blister, Petal and flower blights, nutritional problems.

(3) Weeds. A treatment order may be issued when the following weeds are detected in a nursery or sales yard: Mugwort, Dodder, Johnsongrass, Yellow Nutsedge, Thistle, or any other weed determined by the Department to be harmful.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.13 Reciprocal Agreements.

A. Nursery stock from other states shall be received in the State on the same basis as nursery stock from the State is received in other states.

B. An official directory of certified nurseries and licensed plant dealers will be accepted from other states in lieu of an individually filed certificate or license.

C. All fees for inspection, certification, registration, or licensure, or all of these, will be waived by the Department for out- of-state nurseries, plant dealers, and brokers selling or distributing nursery stock in the State, providing similar fees are waived for State nurseries, plant dealers, and brokers by the reciprocating state.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.14 Importation of Living Insects, Plant Disease Agents and Other Pests.

A. A person may not import into the State any live insect, plant disease agent, or other pest for research, educational, or other purposes unless that importation is authorized by a permit issued by the Department.

B. Applications for permits are furnished by the Department upon request.

C. Permit holders shall comply with the conditions specified on the permit.

D. Any shipment or lot which is not authorized by a valid permit shall be destroyed immediately unless the Secretary determines that the contents of a shipment or lot do not pose any danger to agriculture. If the Secretary issues this determination, a shipment or lot will be held for proper certification or will be returned to its point of origin.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.15 Plant Certification Programs.

A. A person producing plants for special certification under a program supervised by the Department shall meet the standards for certification required by the Department.

B. A person producing certified plants will be assessed a fee as indicated in Regulation .06.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.16 Phytosanitary Certificates.

Plants shipped interstate or internationally may be required by another jurisdiction to have a Department-issued phytosanitary certificate before shipment. The Department will issue a certificate only when required by the destination state or country. If a person requests the Department to issue this certificate, that person shall:

A. Notify the Department at least 2 weeks before the scheduled shipping date;

B. Provide information as required by the Department; and

C. Provide access for the inspection of plants to be certified.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.17 Revocation, Suspension or Denial of License, Certificate, or Permit.

A. The Department, after notice and an opportunity for a hearing, may revoke, suspend, or deny a license, certificate, or permit or impose a civil penalty for a failure to comply with the Plant Pest Control Law or regulations.

B. A person may appeal the denial, revocation, or suspension of a license, certificate, permit, or civil penalty according to Departmental regulations and the Administrative Procedure Act.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.18 Criminal Penalty.

A person who violates any provision of these regulations is subject to the following penalties or fines:

A. First offense: Upon conviction, a fine not exceeding $500, or imprisonment not exceeding 3 months, or both.

B. Second or subsequent offense: Upon conviction, a fine not exceeding $1,000, or imprisonment not exceeding 1 year, or both.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland
COMAR 15.06.02.19 Civil Penalty.

A. If the Department determines that a violation of this subtitle has occurred, it may impose a civil penalty of not more than $500 for each violation:

(1) Instead of, or in addition to, suspension of the license, permit, or certificate; or

(2) In addition to revocation of the license, permit, or certificate.

B. In assessing a civil penalty imposed under §A(1) of this regulation, the Department shall give consideration to:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator, but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) Any actual harm to the agriculture, environment, and natural resources of this State; and

(3) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

C. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty to the Department.

History

  • Administrative History: Effective date: January 13, 1978 (5:1 Md. R. 19)
  • Administrative History: Regulations .01B, J; .06; .07A, C; .12A; and .16 amended effective February
  • Administrative History: 10, 1986 (13:3 Md. R. 273)
  • Administrative History: Regulation .06 amended effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 2, 2000 (27:19 Md. R. 1728)
  • Administrative History: Regulation .06B amended effective October 27, 2025 (52:21 Md. R. 1025)
  • Administrative History: Regulation .06B, C amended effective August 9, 2010 (37:16 Md. R. 1060)
  • Administrative History: Regulation .06C amended effective April 13, 2026 (53:7 Md. R 328)
  • Authority: Agriculture Article, §§5-301—5-314 and 9-302, Annotated Code of Maryland

15.06.03 Collection and Conservation of Maryland Ginseng

COMAR 15.06.03.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Ginseng” means any part of the wild herb, American Ginseng (Panax quinquefolius L.).

C. “Person” means an individual, partnership, corporation, association, or organized group of persons, or any other legal entity.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978
  • Administrative History: Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 14, 1983 (10:3 Md. R. 210)
  • Administrative History: Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723)
  • Authority: Agriculture Article, §9-603, Annotated Code of Maryland
COMAR 15.06.03.02 Scope of Regulations.

A. Regulated area: Maryland.

B. Regulated article: American Ginseng (Panax quinquefolius L.), intended for sale.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978
  • Administrative History: Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 14, 1983 (10:3 Md. R. 210)
  • Administrative History: Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723)
  • Authority: Agriculture Article, §9-603, Annotated Code of Maryland
COMAR 15.06.03.03 Collecting Season and Size Limitations.

A. Ginseng roots may be collected only during the collection season from September 1 through December 1.

B. Roots from ginseng plants less than 5 years of age or with fewer than three five-leaflet leaves (three prongs) or with immature seeds (green berries) may not be collected.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978
  • Administrative History: Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 14, 1983 (10:3 Md. R. 210)
  • Administrative History: Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723)
  • Authority: Agriculture Article, §9-603, Annotated Code of Maryland
COMAR 15.06.03.04 Planting Seeds.

Unless otherwise authorized by the Department, all seeds from collected or harvested ginseng plants shall be planted properly in the vicinity of the collected plant immediately after collection or harvest.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978
  • Administrative History: Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 14, 1983 (10:3 Md. R. 210)
  • Administrative History: Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723)
  • Authority: Agriculture Article, §9-603, Annotated Code of Maryland
COMAR 15.06.03.05 Collecting Permits.

A person who collects or harvests ginseng intended for sale shall hold a valid annual collecting permit for each collecting season.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978
  • Administrative History: Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 14, 1983 (10:3 Md. R. 210)
  • Administrative History: Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723)
  • Authority: Agriculture Article, §9-603, Annotated Code of Maryland
COMAR 15.06.03.06 Permit Requirements.

A. A permit applicant shall do the following annually:

(1) Make application on Departmental forms;

(2) Pay a $2 fee to the Department; and

(3) Maintain the following records for 3 years and make them available, upon request, to the Department:

(a) The amount of ginseng collected in each county,

(b) The name and address of any dealer who purchases ginseng from the collector.

B. A collecting permit is not transferable.

C. After a hearing by the Department, a collecting permit may be revoked for a violation of this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978
  • Administrative History: Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 14, 1983 (10:3 Md. R. 210)
  • Administrative History: Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723)
  • Authority: Agriculture Article, §9-603, Annotated Code of Maryland
COMAR 15.06.03.07 Ginseng Certification.

Before selling ginseng, a collector shall certify on a Departmental form where the ginseng was collected or harvested. Before moving ginseng for sale from Maryland, a collector or dealer shall have it physically inspected and certified by a representative of the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978
  • Administrative History: Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 14, 1983 (10:3 Md. R. 210)
  • Administrative History: Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723)
  • Authority: Agriculture Article, §9-603, Annotated Code of Maryland
COMAR 15.06.03.08 Ginseng Dealer Registration and Records.

A. A person who buys ginseng for resale shall register annually with the Department and pay a $20 fee.

B. Dealers shall keep the following records for 3 years and make them available, upon request, to the Department:

(1) For each sale, the name and permit number, or dealer registration number, of the seller and the weight in pounds and ounces or kilograms and grams of ginseng purchased.

(2) The total amount paid annually for ginseng collected in Maryland.

C. After a hearing by the Department, a dealer's registration may be revoked for a violation of this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978
  • Administrative History: Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 14, 1983 (10:3 Md. R. 210)
  • Administrative History: Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723)
  • Authority: Agriculture Article, §9-603, Annotated Code of Maryland

15.06.04 Regulation of Invasive Plants

COMAR 15.06.04.01 Scope.

These regulations establish a science-based status assessment protocol to determine the harm and impact caused by invasive plants, including an approval procedure for activities involving invasive plant species that cause or are likely to cause severe harm and administrative orders that the Secretary may issue to enforce these regulations.

Note

(53:14 Md. R. 25-186-F.)

History

  • Administrative History: Effective date: January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 11, 2016 (43:7 Md. R. 452)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .02B amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .05A amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06 amended effective February 13, 2017 (44:3 Md. R. 189)
  • Administrative History: Regulation .06 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06A, C amended effective April 23, 2018 (45:8 Md. R. 422)
  • Administrative History: Regulation .06C amended effective March 23, 2020 (47:6 Md. R. 342)
  • Administrative History: Regulation .07 repealed as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); repealed permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Authority: Agriculture Article, §§2-103(b) and 9.5-301, Annotated Code of Maryland
COMAR 15.06.04.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Classify as a prohibited invasive plant” means the Secretary is including an invasive plant on the Consolidated List of Maryland Invasive Plant Species in accordance with Agriculture Article, §§9.5-301 and 9.5-301.1, Annotated Code of Maryland.

(2) “Commercial entity” means an entity that engages in a plant removal activity for profit.

(3) “Committee” means the Invasive Plants Advisory Committee.

(4) “Consolidated List of Maryland Invasive Plant Species” means a list of plant species classified as prohibited invasive plants in accordance with Agriculture Article, §§9.5-301 and 9.5-301.1, Annotated Code of Maryland.

(5) “Early Detection Rapid Response (EDRR) Plant Species” means a nonnative plant species that:

(a) Is not yet widespread in the State but is at risk of:

(i) Becoming established as an invasive species; and

(ii) Causing significant damage; and

(b) Has:

(i) Been found in at least one native species habitat in the State; or

(ii) Not yet been found in the State.

(6) “Expert Assessor” means:

(a) An individual or a team within the Department or the Department of Natural Resources; or

(b) A qualified independent assessor.

(7) Invasive Plant.

(a) “Invasive plant” means any living part of a plant species or its subspecies that did not evolve in the State and if introduced within the State, will cause or is likely to cause, as determined by the Secretary:

(i) Economic harm;

(ii) Ecological harm;

(iii) Environmental harm; or

(iv) Harm to human health.

(b) “Invasive plant” includes a commercial or noncommercial plant that is terrestrial or aquatic and meets the definition under §B(7)(a) of this regulation.

(8) “Invasive Plant Species Status Assessment Protocol” means a protocol based on the NatureServe’s 2004 protocol (An Invasive Species Assessment Protocol: Evaluating Non-Native Plants for the Impact on Biodiversity. Version 1.)

(9) “Invasiveness Rank” means a rank assigned to a nonnative species to signify its level of invasiveness (i.e., high, medium, low or insignificant) based on the results of an invasive assessment protocol.

(10) “Landscaping services” includes services for ornamental horticultural design, maintenance, and installation of living plants.

(11) “Prohibited invasive plant” includes invasive plant species that cause or are likely to cause severe harm within the State.

(12) “Qualified independent assessor” means an individual or team that:

(a) Possesses at least 2 years of field experience in invasive plant species in Maryland or in nearby jurisdictions, including Washington, D.C., Delaware, New Jersey, New York, Pennsylvania, Virginia, and West Virginia; and

(b) Has assessed invasive plant species without supervision from the Department, the Department of Natural Resources or the Committee.

(13) “Watch List” means a list of plant species that:

(a) Have been assessed by an expert assessor in accordance with Agriculture Article, §9.5-301, Annotated Code of Maryland;

(b) Were not determined by the assessment to be eligible for classification as a prohibited invasive plant; and

(c) May be reassessed in the future.

Note

(53:14 Md. R. 25-186-F.)

History

  • Administrative History: Effective date: January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 11, 2016 (43:7 Md. R. 452)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .02B amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .05A amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06 amended effective February 13, 2017 (44:3 Md. R. 189)
  • Administrative History: Regulation .06 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06A, C amended effective April 23, 2018 (45:8 Md. R. 422)
  • Administrative History: Regulation .06C amended effective March 23, 2020 (47:6 Md. R. 342)
  • Administrative History: Regulation .07 repealed as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); repealed permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Authority: Agriculture Article, §§2-103(b) and 9.5-301, Annotated Code of Maryland
COMAR 15.06.04.03 Invasive Plant Species Status Assessment Protocol.

A. The Secretary shall determine whether an invasive plant qualifies as a prohibited invasive plant or a plant for the Watch List based on the following protocol. An expert assessor shall complete a plant status assessment based on the NatureServe’s 2004 protocol (an invasive species assessment protocol: evaluating non-native plants for their impact on biodiversity. Version 1.)

B. Assessments completed by an expert assessor shall be reviewed and approved by the Invasive Plant Advisory Committee.

Note

(53:14 Md. R. 25-186-F.)

Cross References

15.06.04.06D(2)(b)

15.06.04.06D(2)(c)

History

  • Administrative History: Effective date: January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 11, 2016 (43:7 Md. R. 452)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .02B amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .05A amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06 amended effective February 13, 2017 (44:3 Md. R. 189)
  • Administrative History: Regulation .06 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06A, C amended effective April 23, 2018 (45:8 Md. R. 422)
  • Administrative History: Regulation .06C amended effective March 23, 2020 (47:6 Md. R. 342)
  • Administrative History: Regulation .07 repealed as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); repealed permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Authority: Agriculture Article, §§2-103(b) and 9.5-301, Annotated Code of Maryland
COMAR 15.06.04.04 Prohibited Plant Prohibitions and Approvals.

A. Except as approved by the Secretary under this regulation, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a prohibited invasive plant in the State.

B. A person may conduct an activity prohibited under §A of this regulation if:

(1) The person receives approval from the Secretary before conducting the activity; and

(2) The activity is for the purpose of:

(a) Disposing of the invasive plant;

(b) Controlling the invasive plant;

(c) Using the invasive plant for research or educational purposes; or

(d) Exporting the invasive plant out of the State

C. A person has the Secretary’s approval and may engage in any activity prohibited by §A of this regulation for the limited purpose of:

(1) Controlling a prohibited invasive plant, provided:

(a) The person is not a commercial entity;

(b) The plant is not taken off-site; and

(c) The plant is not placed at a location in the proximate vicinity of a roadway or waterway that could facilitate the movement of the invasive plant off-site; or

(2) Transporting a prohibited invasive plant off-site for the purpose of identification or disposal, provided:

(a) The person is not a commercial entity; and

(b) The plant is removed according to the provisions of Regulation .06G of this chapter.

D. For approvals not granted under §C of this regulation, a person may submit a written request to the Secretary for approval of any activity allowed under §B of this regulation with the following information:

(1) Name;

(2) Business, nursery, or plant dealer license number if applicable;

(3) Phone;

(4) Email address;

(5) Prohibited invasive plant for which approval is being requested (full botanical name);

(6) Specific location of the prohibited invasive plant;

(7) Proposed activity;

(8) Method of safeguarding dispersal of all propagules and all other living parts of the prohibited invasive plant;

(9) Time frame of the proposed activity; and

(10) Any other information required by the Secretary.

E. Upon notice and an opportunity to be heard, the Secretary may:

(1) Withdraw or revoke any approval for any person who violates any condition of any approval by the Secretary; or

(2) Revise any approval as a condition of any permit, based on new information obtained after an approval is granted.

Note

(53:14 Md. R. 25-186-F.)

Cross References

15.06.04.06B(5)(c)

History

  • Administrative History: Effective date: January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 11, 2016 (43:7 Md. R. 452)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .02B amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .05A amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06 amended effective February 13, 2017 (44:3 Md. R. 189)
  • Administrative History: Regulation .06 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06A, C amended effective April 23, 2018 (45:8 Md. R. 422)
  • Administrative History: Regulation .06C amended effective March 23, 2020 (47:6 Md. R. 342)
  • Administrative History: Regulation .07 repealed as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); repealed permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Authority: Agriculture Article, §§2-103(b) and 9.5-301, Annotated Code of Maryland
COMAR 15.06.04.05 Administrative Orders By The Secretary.

A. The Secretary may issue administrative orders to enforce the provisions of this chapter and Agriculture Article, Title 9.5 (Invasive Plants Prevention and Control), Annotated Code of Maryland, as follows:

(1) Order any person to cease propagating, importing, transferring, selling, purchasing, transporting, or introducing any living part of a prohibited invasive plant in the State;

(2) Order the condemnation and seizure of any prohibited invasive plant owned or possessed by any person who violates Agriculture Article, §9.5-302(b), Annotated Code of Maryland;

(3) Order the marking or tagging in a conspicuous manner of a prohibited invasive plant owned or controlled by any person subject to an order of the Secretary under this chapter;

(4) Order any person, on notice from the Secretary, to dispose of any prohibited invasive plant that is held in violation of this chapter or in violation of Agriculture Article, Title 9.5, Annotated Code of Maryland, in a manner that renders all plant parts nonviable, or allow a person to return a prohibited invasive plant to the out-of-State supplier of the plant, as approved in advance by the Secretary;

(5) Order a person to make any prohibited invasive plant available to the Secretary for destruction if the person has failed to dispose of the prohibited invasive plant as ordered by the Secretary and require that person to pay any destruction cost;

(6) Order a person to take any action that the Secretary considers necessary to enforce the requirements of Agriculture Article, Title 9.5, Annotated Code of Maryland.

B. A person who violates any order issued by the Secretary is subject to a civil penalty not to exceed $500 for each violation.

Note

(53:14 Md. R. 25-186-F.)

History

  • Administrative History: Effective date: January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 11, 2016 (43:7 Md. R. 452)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .02B amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .05A amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06 amended effective February 13, 2017 (44:3 Md. R. 189)
  • Administrative History: Regulation .06 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06A, C amended effective April 23, 2018 (45:8 Md. R. 422)
  • Administrative History: Regulation .06C amended effective March 23, 2020 (47:6 Md. R. 342)
  • Administrative History: Regulation .07 repealed as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); repealed permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Authority: Agriculture Article, §§2-103(b) and 9.5-301, Annotated Code of Maryland
COMAR 15.06.04.06 Prohibited Invasive Plants and Watchlist Plants.

A. Prohibited invasive plants are those plants listed on the Consolidated List of Maryland Invasive Plant Species found on the Maryland Department of Agriculture’s website, Plant Protection and Weed Management page.

B. Phase-out Periods for Prohibited Invasive Plants.

(1) A person in possession of a prohibited invasive plant, except a person who is growing a woody plant in ground, shall comply with the prohibited invasive plant provisions of this chapter within 1 year of that plant’s effective date on the prohibited invasive plant list.

(2) A person who is growing a prohibited invasive plant in ground shall comply with the provisions of this chapter within 2 years from that plant’s effective date on the prohibited invasive plant list.

(3) A person may not acquire a new prohibited invasive plant after that plant’s effective date on the prohibited invasive plant list.

(4) Sales Limited to Existing Stock. During the phase-out period, a person may only sell the existing stock of a prohibited invasive plant that person has in inventory as of the date the plant was placed on the prohibited invasive plant list.

(5) Exemption Request.

(a) The Secretary may consider an exemption request from a nursery, broker or plant dealer licensed under Agriculture Article, §5-309, Annotated Code of Maryland to extend the phase-out period for a specific plant species that has been placed on the prohibited plant list.

(b) In considering an exemption request, the Secretary shall:

(i) Receive and consider input from the Invasive Plant Advisory Committee including the species’ economic harm, ecological harm, environmental harm, and harm to human health; and

(ii) Consider the economic impact that the phase-out period has on the affected person.

(c) The person seeking the exemption shall submit a written request to the Secretary providing the same information specified in Regulation .04D of this chapter.

(d) If the Secretary grants a person’s exemption request to extend the phase-out period for a specific plant species, the extension may not be more than 1 year.

C. The Secretary shall maintain a listing of plants on the Watch List, which listing may be amended from time to time.

D. Procedures for Classification or Declassification of a Prohibited Invasive Plant and Associated Cultivars.

(1) A person who requests the classification or declassification of a plant as a prohibited invasive plant, shall submit a written request to the Secretary that includes the name of the requestor, contact information, scientific name of the plant, and a justification for the request.

(2) Upon receipt of the request the Secretary, in consultation with the Invasive Plant Advisory Committee, shall make a determination, considering:

(a) Whether the plant is or could potentially be sold or marketed in the State;

(b) If the plant has already been assessed pursuant to Regulation .03 of this chapter, whether new, science-based information is available that could change the species' designation as a prohibited invasive plant; and

(c) If the plant has not been assessed pursuant to Regulation .03 of this chapter, whether the justification for the request, including documented scientific evidence of economic, ecological, or environmental harm, or harm to human health, necessitates formal weed status assessment, assessment of invasiveness, or both.

(3) The Secretary shall notify the requestor of the final decision regarding the request.

E. Distribution of the Prohibited Invasive Plant List and the Watch List.

(1) The Secretary shall send the Prohibited Invasive Plant List and the Watch List with annual renewal letters and with each new application for a nursery, plant dealer, or plant broker license.

(2) The Secretary shall post the Prohibited Invasive Plant List and the Watch List on the Department's website.

(3) A person in the business of providing landscaping services who plants or supplies for planting a plant on the Watch List shall provide to the customer requesting the service the Watch List.

F. Disposal of Prohibited Invasive Plants. Any person who removes a prohibited invasive plant off-site shall ensure that:

(1) The plant is completely contained (for example, covered or securely tarped in a solid conveyance, or bagged) to prevent the escape of plant parts into the environment; and

(2) If the plant is being removed for disposal, it is removed to a Maryland Department of Environment approved landfill or compost facility for burial or composting.

Note

(53:14 Md. R. 25-186-F.)

History

  • Administrative History: Effective date: January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 11, 2016 (43:7 Md. R. 452)
  • Administrative History: Regulation .01 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .02B amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .03 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .05A amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06 amended effective February 13, 2017 (44:3 Md. R. 189)
  • Administrative History: Regulation .06 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); adopted permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Administrative History: Regulation .06A, C amended effective April 23, 2018 (45:8 Md. R. 422)
  • Administrative History: Regulation .06C amended effective March 23, 2020 (47:6 Md. R. 342)
  • Administrative History: Regulation .07 repealed as an emergency provision effective January 15, 2026 (53:3 Md. R. 120); repealed permanently effective July 20, 2026 (53:14 Md. R. 640)
  • Authority: Agriculture Article, §§2-103(b) and 9.5-301, Annotated Code of Maryland

15.06.05 Regulation of Noxious Weeds

COMAR 15.06.05.01 Scope.

These regulations establish a list of plants and weeds that are considered to be noxious weeds in this State. They also describe programs or practices that the Department may carry out that are necessary for the control and eradication of noxious weeds.

History

  • Administrative History: Effective date: June 1, 2020 (47:11 Md. R. 560)
  • Authority: Agriculture Article, §§9-401 et seq., Annotated Code of Maryland
COMAR 15.06.05.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Department” means the Maryland Department of Agriculture.

(2) “Noxious weed” means an annual, biennial, or perennial weed or plant that adversely affects or threatens agricultural production.

(3) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: June 1, 2020 (47:11 Md. R. 560)
  • Authority: Agriculture Article, §§9-401 et seq., Annotated Code of Maryland
COMAR 15.06.05.03 Noxious Weed List.

The Secretary has determined that the following weeds and plants are noxious weeds in this State:

A. Johnsongrass (Sorghum halepense);

B. Shattercane (Sorghum biclor);

C. Canada Thistle (Circium arvense);

D. Musk/Knodding Thistle (Carduus nutans);

E. Plumless Thistle (Carduus acanthoides);

F. Bull Thistle (Circium vulgare);

G. Palmer Amaranth (Amaranthus palmeri); and

H. Tall Waterhemp (Amaranthus tuberculatus, A. rudis).

History

  • Administrative History: Effective date: June 1, 2020 (47:11 Md. R. 560)
  • Authority: Agriculture Article, §§9-401 et seq., Annotated Code of Maryland
COMAR 15.06.05.04 Programs and Practices to Control and Eradicate Noxious Weeds.

A. The Secretary may institute programs or carry out practices necessary for the control and eradication of a noxious weed on public or private lands, including, but not limited to, mowing and spraying.

B. The Secretary may enter into agreements with a county or other political subdivision of the State, including a soil conservation district, to implement a program for the control and eradication of noxious weeds. These agreements may allow the Department to provide technical assistance and oversight by a noxious weed program administered by the county or other political subdivision of the State. The Secretary also may enter into agreements with an adjoining state or an agency of the federal government to implement a program for the control and eradication of noxious weeds.

History

  • Administrative History: Effective date: June 1, 2020 (47:11 Md. R. 560)
  • Authority: Agriculture Article, §§9-401 et seq., Annotated Code of Maryland
COMAR 15.06.05.05 Administrative Penalties.

Instead of pursuing the criminal penalties set forth in Agriculture Article, Title 12, Annotated Code of Maryland, the Secretary may impose on any person who violates this chapter a penalty of:

A. For a first violation, not more than $500;

B. For a second violation, not more than $1,000; or

C. For a third or subsequent violation, not more than $2,000.

History

  • Administrative History: Effective date: June 1, 2020 (47:11 Md. R. 560)
  • Authority: Agriculture Article, §§9-401 et seq., Annotated Code of Maryland

15.07.01 General Regulations

COMAR 15.07.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Abandoned apiary” means an apiary in which the owner or operator fails to manipulate the colonies in the customary manner, such as:

(a) Inspect each colony in the spring and notify the Department of any colony with a disease;

(b) Provide super room during honey flow;

(c) Remove the honey crop at the end of the season;

(d) Inspect each colony in the fall when the crop is removed and notify the Department of any colony with a disease;

(e) Provide reasonable and adequate attention to each colony during the year to prevent robbing, which might jeopardize the welfare of neighboring colonies through the spread of disease.

(2) “Apiary” means a collection of one or more colonies of bees, including all appliances and equipment used in maintaining and operating it.

(3) Appliance.

(a) “Appliance” means any apparatus, tool, machine, or other device, such as gloves or veils used in handling and manipulating bees, hives, honey, and wax.

(b) “Appliance” includes any container of honey and wax used in an apiary or in transporting bees, their products, and apiary supplies.

(4) “Bee” means any stage of the common honey bee, Apis mellifera L.

(5) “Bee disease” means:

(a) American foulbrood, European foulbrood, chalkbrood, honey bee tracheal mite, varroa mite, small hive beetle;

(b) Any infectious agent, predator, or parasite determined by the Department to be dangerously injurious to bees; or

(c) Any abnormal condition of egg, larval, pupal, or adult stages of bees.

(6) “Bee equipment” means frames, hives, supers, or other hive parts.

(7) “Colony” means the hive and includes bees, combs, honey, and equipment.

(8) “Department” means Maryland Department of Agriculture.

(9) “Hive” includes barrel, box, box hive, frame hive, log gum, skep, or other natural or artificial receptacle or container, or any part of it, which may be used as a domicile for bees.

(10) “Honey house” means a structure where honey is extracted and processed for sale.

(11) “Inspector” means an individual designated by the Secretary to carry out the provisions of these regulations.

(12) “Person” includes:

(a) The State, any county, municipal corporation or other political subdivision of the State, or any of its units;

(b) An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; or

(c) Any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(13) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: November 1, 1967
  • Administrative History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234)
  • Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland
COMAR 15.07.01.02 Registration Certificate.

A. A person keeping a bee colony shall hold a valid registration certificate.

B. A person who is not registered as a beekeeper under this regulation and who acquires a colony shall have it registered with the Department within 30 days after the acquisition.

C. A registration certificate shall be renewed annually upon meeting all of the requirements set forth in this regulation.

D. To obtain a registration certificate, a person shall:

(1) Make application to the Department on forms provided by the Department; and

(2) Provide access for the inspection of each colony in each apiary.

E. A person keeping bees shall be assigned a permanent identification number.

F. Unless revoked, a registration certificate is valid for 1 year beginning January 1, or the date of issuance, and ending December 31.

G. A registration certificate is not transferable.

History

  • Administrative History: Effective date: November 1, 1967
  • Administrative History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234)
  • Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland
COMAR 15.07.01.03 Sanitation.

A. Each apiary shall be kept in a neat and sanitary condition to promote the welfare of the beekeeping industry.

B. The beekeeper shall keep the honey house in a neat and sanitary condition and shall meet the sanitation standards set forth in §§C—N of this regulation.

C. The honey house shall be so constructed that it can be maintained in a clean and sanitary condition. When the honey is extracted, the honey house shall be used exclusively for the extracting, processing, packing, or handling of honey, and for the storage of equipment related to the business of the honey house.

D. The floors of all rooms in which honey is handled, extracted, processed, packed, or stored shall be clean and in good repair.

E. Walls and ceilings of rooms in which honey is handled, extracted, processed, packed, or stored shall have smooth, washable surfaces and shall be kept clean and in good repair. The roof of the honey house shall be weather-tight.

F. Openings to the outside in the extracting and packing rooms shall be screened and kept in good repair and may be equipped with bee escapes. Screen doors shall be self-closing. All windows and window sills shall be kept clean.

G. Rooms shall be adequately ventilated and there shall be sufficient light to permit efficient operation, including cleaning of the equipment. Lights over exposed food zones shall be protected from breakage to avoid product adulteration.

H. The water supply for the honey processing room shall be easily accessible, adequate, and of a safe, sanitary quality. An adequate supply of clean, hot water shall be available for cleaning equipment.

I. Extractors, tanks, and other equipment with which honey comes in contact shall be stored in such a manner that they are protected from contamination with dust, dirt, rodents, insects, and other contaminants. All equipment shall be kept clean and free from rust.

J. Workers shall wear clean and washable outer clothing during extracting, processing, packing, or handling of honey and shall keep hands clean. A wash basin with running hot water and clean, sanitary towels shall be provided for workers when the honey house is in use.

K. Combs of honey shall be protected from contamination while in transit to the honey house. Before extracting, all combs of honey shall be stored in a clean location.

L. Honey may not be packed in used containers, unless these containers have been previously used only for human food. All containers shall be free from internal rust and shall be clean and sanitary before honey is packed in them. All previously used cans and containers shall be steamed clean or cleaned with hot water. All honey stored in tanks shall be covered so as to be protected from contamination. Packed honey shall be stored in a clean and sanitary manner.

M. Honey shall be extracted only from combs that are:

(1) Free from brood of the bees or the larva of the wax moth or small hive beetle; and

(2) Properly capped.

N. Covers shall be on extractors except when they are being loaded or unloaded. All honey stored in tanks shall be covered to protect it from contamination.

History

  • Administrative History: Effective date: November 1, 1967
  • Administrative History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234)
  • Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland
COMAR 15.07.01.04 Diseases.

A. Upon the finding of a colony of bees infected with American or European foulbrood, an inspector shall mark the hive housing the diseased colony to designate American foulbrood or European foulbrood and the date of inspection. These markings may not be removed by the owner until permission is granted in writing by an authorized agent of the Department.

B. If disease is found in a colony or apiary, a quarantine notice shall be issued (if deemed necessary by the Department) to the owner of the diseased colony or apiary. This quarantine notice shall designate the disease or diseases present, the number of colonies affected, together with instruction for treatment or disposition. The quarantine will remain in effect until terminated in writing by an authorized agent of the Department.

C. Bees, bee colonies, or bee equipment used near bees may not be moved from the quarantined property on which the diseased colony or apiary is located until written notice that the quarantine has been lifted is received or unless special permission is granted, in writing, by the authorized agent of the Department.

D. In case of failure to comply with the recommendations for treatment of a diseased colony, or if the colony fails to respond to treatment, the Secretary may proceed to destroy the colony and any bee equipment which may constitute a source of infection. Whenever burning of a diseased colony is necessary, the colony shall be disposed of in the vicinity of the diseased apiary.

History

  • Administrative History: Effective date: November 1, 1967
  • Administrative History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234)
  • Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland
COMAR 15.07.01.05 Abandoned Apiaries.

When an apiary is deemed to be an abandoned apiary, written notice shall be given by certified mail to the owner or operator, if the owner or operator can be located, that the apiary is an abandoned apiary. If the owner or operator cannot be located, the notice shall be served on the owner of the land on which the apiary is located. If the apiary continues to be so abandoned for more than 30 days after notice is served, the Secretary shall take whatever steps are necessary including the removal or destruction, or both, of the apiary, to protect the welfare of neighboring apiaries.

History

  • Administrative History: Effective date: November 1, 1967
  • Administrative History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234)
  • Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland
COMAR 15.07.01.06 Moveable Frames.

Every person engaged in beekeeping shall provide moveable frames in all hives and shall cause the bees in the hives to construct brood combs in the frames so that any frame may be removed without injury to other combs in the hive.

History

  • Administrative History: Effective date: November 1, 1967
  • Administrative History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234)
  • Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland
COMAR 15.07.01.07 Dead Colonies.

In any apiary in which a colony or colonies of bees have died, the owner or operator shall securely close the entrance to the hive of the colony or colonies so that other bees cannot obtain honey from it. The entrances shall remain closed so long as the hives remain in any place where bees may gain access to them.

History

  • Administrative History: Effective date: November 1, 1967
  • Administrative History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234)
  • Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland
COMAR 15.07.01.08 Transporting Bees.

A person may transport through Maryland a bee colony only under the following conditions:

A. Each bee colony shall be screened or covered at all times to prevent bees from escaping;

B. An operator of a motor vehicle transporting bees shall keep the bees from being agitated by operating the vehicle's motor at all times unless refueling, or unless the bees are enclosed in a refrigerated section of the vehicle where the temperature is maintained at 45°F;

C. A motor vehicle containing bees may not be operated more than 1 mile from any interstate highway; and

D. If bees are released for any reason from a vehicle, the operator or other responsible person shall report the release immediately to the Maryland Department of Agriculture and Maryland State Police.

History

  • Administrative History: Effective date: November 1, 1967
  • Administrative History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234)
  • Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland
COMAR 15.07.01.09 Violation.

A person who violates a provision of this chapter is guilty of a misdemeanor as provided by Agriculture Article, §12-103, Annotated Code of Maryland.

History

  • Administrative History: Effective date: November 1, 1967
  • Administrative History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234)
  • Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Administrative History: Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)
  • Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland
COMAR 15.07.02 Varroa Mite Control for Bees Transported Into or Through Maryland [Repealed]

History

  • Administrative History: Effective date: February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .02B amended effective October 12, 1992 (19:20 Md. R. 1818)
  • Administrative History: Regulation .05 amended effective October 12, 1992 (19:20 Md. R. 1818)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed effective December 24, 2012 (39:25 Md. R. 1615)

15.08.01 Maryland Seed Law

COMAR 15.08.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Blend” means seed consisting of more than one variety of a kind, each in excess of 5 percent of the whole.

(2) “Brand” means a word, name, symbol, number, trademark, or design used to identify seed of one person to distinguish it from seed of another person.

(3) “Conditioning” means drying, cleaning, scarifying, and other operations which could change the purity or germination of the seed and require the seed lot to be retested to determine the label information.

(4) “Department” means Maryland Department of Agriculture.

(5) “Official sample” means a sample taken by a representative of the Department.

(6) “Secretary” means Secretary of Agriculture or the Secretary's designee.

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.02 Applicability.

Any agricultural, vegetable, flower, tree, shrub, or lawn and turf seed which is sold, transported, offered for sale, or exposed for sale within the State of Maryland is subject to Regulations .03—.13 of this chapter.

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.02-1 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated.

(1) “Rules for Testing Seeds” (Association of Official Seed Analysts, 1998).

(2) Supplement 1—Revised 1998.

(3) Supplement 2—1999 and 2000.

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.03 Inspection, Sampling, and Testing Procedures.

In administering the Maryland Seed Law, the inspection, sampling, and testing procedures used and the application of tolerances shall be those established by the “Rules for Testing Seeds” (Association of Official Seed Analysts, 1998), unless otherwise stated in these regulations.

Cross References

15.08.01.02

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.04 Germination Standards and Tolerances.

A. Vegetable and Herb Seed.

(1) Minimum germination standards are listed in Regulation .12A. When “Season Packed For” is shown on the label instead of the percentage of germination, the percentage of germination of the seed, when tested, shall equal or exceed the minimum standards listed in Regulation .12A.

(2) All other seed, for which a germination standard has not been established, shall germinate at a minimum rate of 50 percent. Seed germinating at a rate less than the minimum standard shall be labeled “BELOW STANDARD” in not less than 8-point type, except that seed germinating at a rate less than 2/3 of the minimum standard shall be considered unfit for seed purposes and in violation of the Maryland Seed Law.

(3) Each lot in violation shall be subject to a stop-sale order and to seizure by the Department.

B. Flower Seed (including wildflowers and ornamental grasses).

(1) Minimum germination standards are listed in Regulation .12B. When “Season Packed For” is shown on the label instead of the percentage of germination, the percentage of germination of the seed, when tested, shall equal or exceed the minimum standard listed in Regulation .12B. All other seed, for which a germination standard has not been established, shall germinate at a minimum rate of 50 percent. Seed germinating at a rate less than the minimum standard shall be labeled “BELOW STANDARD” in not less than 8-point type, except that seed germinating at a rate less than 2/3 of the minimum standard shall be considered unfit for seed purposes and in violation of the Maryland Seed Law. Each lot in violation shall be subject to a stop-sale order and to seizure by the Department.

(2) A mixture of kinds of flower seed shall be considered below standard when the germination of any kind or combination of kinds (listed on the label as ingredients) constituting 25 percent or more of the mixture, by number, is below standard. A mixture below standard shall be considered the same as a single kind of flower seed and subject to the same labeling requirements and stop-sale or seizure orders as in §B(1), above.

C. Agricultural Seed and Lawn and Turf Seed. Minimum germination standards for certified and noncertified seed are listed in Regulation .12C. Each seed lot germinating at a rate below the minimum standard shall be subject to a stop-sale order and to seizure by the Department.

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.05 Noxious Weed Seed.

A. Prohibited noxious weed seed are:

(1) Balloon vine—Cardiospermum halicacabum;

(2) Canada thistle—Cirsium arvense L.;

(3) Plumeless thistle, which includes musk thistle and curly thistle—Carduus spp.;

(4) Quack grass—Elytrigia repens;

(5) Serrated tussock--Nassella trichotoma;

(6) Sicklepod—Senna obtusifolia;

(7) Sorghum species, which include Johnson grass (Sorghum halepense L.) and hybrids that contain Johnson grass as a parent, and any other kind of grass that produces seed which cannot be distinguished readily from Johnson grass seed.

B. Restricted noxious weed seed in agricultural, vegetable, flower, tree, and shrub seed are:

(1) Bindweed—Convolvulus arvensis;

(2) Bermuda grass (common and giant)—Cynodon dactylon;

(3) Cocklebur—Xanthium strumarium;

(4) Corn cockle—Agrostemma githago;

(5) Dodder—Cuscuta spp.;

(6) Giant foxtail—Setaria faberi;

(7) Horse nettle—Solanum carolinense;

(8) Spurred anoda—Anoda cristata;

(9) Wild garlic—Allium vineale;

(10) Wild onion—Allium canadense.

C. Restricted Noxious Weed Seed in Lawn and Turf Seed and Mixtures.

(1) Except as provided in §C(4), seed of the following plants shall be restricted noxious weed seed and shall be listed on the tag or label under the heading “Noxious Weed Seed” or “Undesirable Grass Seed” by name and number per pound or ounce when present in bentgrass, Kentucky bluegrass, Chewings fescue, hard fescue, red fescue, varieties of named turf-type tall fescue, varieties of perennial ryegrass, or a mixture containing any of these grasses:

(a) Bent grass** (creeping, colonial, velvet)—Agrostis spp.;

(b) Bermuda grass, giant Bermuda grass—Cynodon dactylon;

(c) Annual bluegrass—Poa annua;

(d) Rough bluegrass**—Poa trivialis;

(e) Meadow fescue**—Festuca pratensis;

(f) Tall fescue**—Festuca arundinacea;

(g) Orchard grass—Dactylis glomerata;

(h) Redtop**—Agrostis gigantea;

(i) Timothy—Phleum pratense;

(j) Velvet grass—Holcus lanatus.

**May be included as a labeled component of a mixture when each is present in excess of 5 percent, by weight, of the mixture.

(2) Restricted noxious weed seed set forth in §C(1) may not exceed 0.5 percent by weight.

(3) If included on the tag or label, seed designated as noxious weed seed in other states shall be listed under the heading “Noxious Weed Seed” or “Undesirable Grass Seed”.

(4) The restricted noxious weed seed set forth in §C(1) may not apply to grasses or mixtures clearly labeled for:

(a) Pasture;

(b) Forage;

(c) Hay;

(d) Conservation; or

(e) Spoil bank reclamation usage.

D. Standards and Tolerances.

(1) A tolerance may not be allowed for prohibited noxious weed seed found in agricultural, vegetable, flower, tree, shrub, or lawn and turf seed. A seed lot containing prohibited noxious weed seed shall be in violation of the Maryland Seed Law and shall be subject to stop-sale and seizure by the Department.

(2) Except as provided in §C, restricted noxious weed seed present in a seed lot shall be listed on the label under the heading “Noxious Weed Seed” and the name and number of seed per unit shall be declared. A unit is defined in the Maryland Seed Law for seeds of different sizes. A tolerance may not be allowed for a seed lot containing restricted noxious weed seed, singly or collectively, at the rate of 17 or more per unit of seed, and the seed lot shall be considered in violation of the Maryland Seed Law and shall be subject to stop-sale and seizure by the Department. The terms “Free” and “None” shall mean that no noxious weed seed was found in a test complying with methods established by the Association of Official Seed Analysts.

Cross References

15.08.04.10A(1)(b)

15.08.04.10B(1)(b)

15.08.05.09A(2)

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.06 Labeling.

A. Labeling of Seed Lots.

(1) Each bag or bulk lot shall be labeled when supplied to a retailer or to a consumer.

(2) Conditioned seed in storage shall bear a lot number or other identifying designation on each lot and shall be accessible for official sampling by the Department.

(3) A seed lot held for conditioning or storage, but not for sale, shall bear the owner's name and address or lot number. The operator of the warehouse or conditioning plant shall maintain records showing the kind, or kind and variety, quantity, owner or consignor, and consignee of each lot of seed.

(4) Seed offered for sale when the vendor orally, in writing, or in advertising represents or implies that the seed is suitable for planting shall be deemed to be offered for sale for planting purposes and shall bear labels as required in this chapter. A seed lot offered for sale at an auction, sales barn, farm sale, or similar sale shall meet all seed labeling requirements of the Maryland Seed Law.

B. Proper Labeling.

(1) Required labeling information shall be legibly printed or hand lettered within a single conspicuous location on the container or tag. Origin of the seed, the net weight, and information regarding treated seed may be included within the required labeling information.

(2) An official certification tag or label shall be affixed to each container of seed represented to be certified seed.

(3) A state permit or tax number may not appear on any tag or container.

(4) The labeling may not contain a statement or representation that is false, fraudulent, or misleading.

(5) Nomenclature.

(a) A kind or variety name may not be abbreviated or modified. Variety names shall be used in connection with the complete name of the kind, for example, Essex soybean. Descriptive words or phrases may not appear on the analysis label. Brand names may not be used as a substitute for the variety name or to represent a specific variety.

(b) A hybrid, as defined in the Maryland Seed Law, shall be labeled as a hybrid.

(c) The word “type” may not be used as a modifier with the name of a variety.

(d) Descriptive words, phrases, or brand names appearing anywhere on the container shall be clearly distinguishable from the kind and variety name.

C. Labeling Flower Seed.

(1) Flower seed shall be labeled to show the name of kind and variety, or scientific name when commonly accepted.

(2) Seed of Plants Grown Primarily for Their Blooms.

(a) Seed of a single name variety shall be labeled to show the kind and variety name.

(b) Seed of a single type and color for which there is no specific variety name shall be labeled to show the kind name, the type of plant, or the type and color of bloom.

(c) Seed of an assortment or mixture of colors or varieties of a single kind shall be labeled to show the kind name, the type of plant, or the type and color of bloom. In addition, it shall be indicated that the seed is mixed or assorted, for example, Marigold, Dwarf Double French, Mixed Colors.

(d) An assortment or mixture of kinds or varieties, or both, shall be labeled as a mixture and be listed by name, in the order of predominance, giving the percentage by weight of each component of the mixture. Components of less than 5 percent of the mixture shall be listed and a single percentage by weight shall be given for these components. Containers of three grams or less need only list the components without giving percentage by weight and need not be in order of predominance.

(3) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale in the State shall appear on the container.

D. Labeling Lawn and Turf Seeds and Mixtures.

(1) The label format shall be columnar with appropriate headings including “Pure Seed”, “Germination”, “Other Crop Seed”, “Inert Matter”, “Weed Seed”, “Test Date”, “Noxious Weed Seed” or “Undesirable Grass Seed”, and “Lot Number”.

(2) For mixtures, the word “mixture” or “mixed” shall be stated in the product name on required labeling and in the product name whenever stated on the container.

(3) The name and complete mailing address of the responsible labeler shall be stated on the label.

(4) Required headings may not be abbreviated.

(5) Kind and variety names may not be abbreviated or altered.

(6) The label shall be free of all non-required claims or statements, except seed origin.

(7) A single test date, including the month and year, may be declared, provided it is that of the oldest tested component.

(8) The commonly accepted name of the kind, or kind and variety, of each lawn or turf seed component consisting of 0.5 percent or more of the whole, and the percentage, by weight, of pure seed of each in order of predominance and in columnar form shall be listed under the headings “Pure Seed” and “Germination”.

(9) “Other Crop Seed” shall include the percentage, by weight, of all agricultural seed, except those required to be declared as a component of the mixture.

(10) The percentage by weight of inert matter in lawn and turf seed and mixtures of them may not exceed 10 percent, except that 15 percent inert matter shall be permitted in Kentucky bluegrass labeled without a variety name. Foreign matter, other than material used for coating or pelletizing to enhance the planting value, not common to grass seed, may not be added.

(11) Total weed seed, including lawn and turf restricted noxious weed seed, may not exceed 1 percent by weight.

E. Labeling Tree and Shrub Seed. Tree and shrub seed shall be labeled to show:

(1) Kind and variety, or scientific name, when commonly accepted;

(2) Lot number or other means of identification;

(3) The specific locality (state and county in the United States or nearest equivalent political unit in case of foreign countries) in which seed was collected;

(4) For forest tree seed, the elevation to the nearest 500 feet above sea level at which the seed was collected;

(5) The calendar year in which the seed was collected or the percentage of germination and the calendar year and month in which the seed was tested; and

(6) The name and address of the person who labeled the seed or who sells, or offers, or exposes the seed for sale within the State.

F. Labeling Seed for Sprouting. Seed sold for sprouting for salad or culinary purposes shall be labeled to show:

(1) Commonly accepted name of kind or kinds;

(2) Lot number;

(3) Percentage by weight of each pure seed component in excess of 5 percent of the whole, other crop seed, inert matter, or weed seed;

(4) Percent germination of each pure seed component; and

(5) The calendar month and year the germination test was completed.

G. Labeling Preplanted Containers, Mats, Tapes, Coated Seed, and Other Devices.

(1) Seed that is coated or pelleted shall be labeled to reflect the percentage of pure seed, not including coating material. The coating or pelletizing material shall be declared as inert matter, percentage by weight, except that the percentage of pure seed and inert matter does not need to be shown on flower or vegetable seed containers of less than 1 pound when the net quantity is labeled on a seed count basis.

(2) Seed sold, offered, or exposed for sale, in containers in which the seed is preplanted in a germination medium, mat, tape, or similar device or is coated or pelleted, is subject to the provisions of the Maryland Seed Law.

(3) When the seed is placed in the germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing it, the label shall bear a statement to indicate the number of seeds in the container, except for agricultural seed for which the number of seeds per square inch shall be indicated.

H. Labeling Combination Mulch, Seed, and Fertilizer Products.

(1) The word “combination” followed by the words “mulch—seed—fertilizer (if appropriate)” shall appear on the upper 30 percent of the principal display panel. The word “combination” shall be the largest and most conspicuous type on the container, equal to or larger than the product name. The words “mulch—seed—fertilizer” may not be smaller than 1/2 the size of the word “combination” and shall be in close proximity to the word “combination”. These products shall contain a minimum of 70 percent mulch.

(2) “Mulch” as used in this regulation means a protective covering of a suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of evaporation of soil moisture, the control of weeds, and the prevention of erosion.

(3) Analysis Label. Agricultural, lawn, and turf seeds placed in a germination medium, mat, tape, or other device or mixed with mulch shall be labeled as follows:

(a) Product name;

(b) Lot number;

(c) Percentage by weight of pure seed of each kind and variety named which may be less than 5 percent of the whole;

(d) Percentage by weight of other crop seeds;

(e) Percentage by weight of inert matter which may not be less than 70 percent;

(f) Percentage by weight of weed seeds;

(g) Name and number of noxious weed seeds per pound, if present;

(h) Percentage of germination, and hard seed if appropriate, of each kind or kind and variety named and date of test;

(i) Name and address of tagger.

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.07 Labeling Treated Seed.

A. Each container of seed treated with a pesticide shall be labeled in a conspicuous location within close association of the required analysis information with at least the following:

(1) A word or statement indicating that the seed has been treated.

(2) The accepted common name, chemical name, or trade name of the pesticide applied to the seed.

(3) Seed Treated with Pesticide.

(a) Seed treated with a pesticide shall be labeled with the same signal word as that required on the pesticide container.

(b) The label on seed treated with a pesticide labeled with a “danger” signal word shall contain in type not less than 8-point the word “DANGER” or, if required, the word “POISON” and the skull and crossbones symbol. The container or attached tag shall bear in a conspicuous manner and place the appropriate signal word and, if required, the symbol in a red color on a background of a contrasting color.

(c) The label on seed treated with a pesticide labeled with a “Caution” or “Warning” signal word shall contain in a conspicuous place the signal word, either “CAUTION” or “WARNING”, stated on the pesticide container label.

(d) When more than one pesticide is used to treat seed, the labeling required for the seed container shall be for the pesticide with the higher level of toxicity.

(4) A container of seed treated with a pesticide shall be labeled in type not smaller than 8-point with the caution statement “Do not use for food, feed, or oil purposes.”

(5) The information may be on the analysis tag, or in close association with the analysis tag on a separate tag attached to the container, or on the container.

B. Other treatment materials or processes, not included in §A of this regulation, shall be labeled to reflect the purpose of the treatment or process. The name of the applied material or process, and the date of treatment, shall be stated on the label.

C. Each seed lot treated with an inoculant shall be labeled to show the presence of the inoculant, and the expiration date beyond which the inoculant is no longer claimed to be effective shall be stated.

D. Each seed lot bearing a label claiming improvements and advantages due to, or as a result of, a treatment may be tested to determine the effectiveness of the treatment. If the evidence does not substantiate the label claim, the seed lot shall be considered mislabeled.

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.08 Wholesale Seedsman Permit.

Each wholesale seedsman shall obtain a permit each year from the Department. Each business or branch of a business that is labeling seed shall be considered an individual wholesale seedsman and will be required to obtain a wholesale seedsman permit.

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.09 Wholesale Seedsman Record.

A. Each wholesale seedsman or conditioner of seed shall keep records on each lot of seed and shall make the records available for inspection by the Department. Required records shall be maintained for a period of 2 years after the seed lot has been sold or disposed of. The records shall include:

(1) Origin of the seed lot, or the statement that the origin is unknown.

(2) Grower's name and address or supplier's name and address.

(3) Shipper's analysis label, invoice, laboratory report, or other records, or all of the above, reflecting claimed analysis for the seed.

(4) Documents reflecting prior lot numbers, quantities, date of production or delivery and other information necessary to prove origin identity, including kind and variety. If lot numbers have been changed, all documents shall be maintained reflecting blending, reconditioning, treatment, etc.

(5) Copy of laboratory analysis reports reflecting the lot number and data supporting all label claims.

(6) Such information as is needed for identification, current inventory and records of disbursements, plus other data to establish the ownership, quantity, disposition, or disposal. The record, after the seed lot is conditioned, shall reflect the quantity of clean seed, dockage, and screenings.

(7) A grower's declaration giving the quantity, kind, variety, origin, and year of harvest for each lot of seed which is not readily distinguishable by examination. A grower's declaration shall reflect the name, address, and signature of the grower.

(8) A representative seed sample of at least the amount of agricultural seed required for a noxious weed seed examination and at least 1,000 seeds of vegetable, flower, tree, and shrub seed. These seed samples shall be maintained for at least 1 year after the entire seed lot has been disposed of by this person.

B. Each jobber, central warehouse for chain store operations, or other handler obtaining seed lots for further distribution to retailers, shall maintain complete records on each seed lot for 2 years after each seed lot is distributed and disposed of. The records shall include:

(1) Source of each seed lot;

(2) Quantity of each seed lot received;

(3) Number of shipments and date of each shipment received;

(4) Size and type of containers (Example: 5-pound box);

(5) Invoices and shipping documents pertaining to each shipment of seed received;

(6) Quantities of each seed lot distributed to each retail branch or consumer store;

(7) Name and address of each store receiving;

(8) Date shipped to each store;

(9) Means of shipment, including type and name of carrier; and

(10) Other records necessary to provide current inventory identification and disposition of each seed lot.

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.10 Stop-Sale Order.

A. A written stop-sale order may be issued on any seed lot found to be in violation of the Maryland Seed Law or the regulations in this chapter. Seed under a written stop-sale order may not be moved from the stop-sale point until released by the Department. Seed lots released for transportation shall remain under stop-sale upon arrival at the warehouse or conditioning plant until appropriate laboratory tests can be completed enabling appropriate relabeling, supervised destruction, or until conditioning can be accomplished.

B. Stop-Sale Label. A small prepacked container of vegetable seed, lawn and turf seed, flower seed, or tree and shrub seed in violation may be labeled with pressure-sensitive gum labels instead of a written stop-sale order. Each container with a stop-sale label shall be removed from the sales floor and disposed of by the owner, store operator, or, subject to approval of the Department, returned to the wholesale supplier.

C. Hearing. The owner or custodian of a seed lot receiving a stop-sale order may request a hearing with the Department, provided the request is forwarded to the Department within 10 days of the date the stop-sale order was placed on the seed lot. The other provisions of this section remain in effect during the hearing process.

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.11 Seed Testing; Fees.

A. Seed groups tested include the following:

(1) Group I—Small grains and legumes:

(a) Austrian winter pea,

(b) Buckwheat,

(c) Corn,

(d) Cowpea,

(e) Crownvetch,

(f) Field Pea,

(g) Flat Pea,

(h) Hairy Vetch,

(i) Lespedeza,

(j) Millet,

(k) Panicgrass,

(l) Rape,

(m) Reed Canary grass,

(n) Small grain (wheat, barley, rye, and oat),

(o) Small seeded legume (clover, alfalfa, and trefoil),

(p) Sorghum,

(q) Sudangrass,

(r) Sunflower,

(s) Switchgrass,

(t) Timothy,

(u) Tobacco,

(v) Vegetables;

(2) Group II—Soybeans;

(3) Group III—Grasses other than those in Group I:

(a) Bermudagrass,

(b) Bentgrass,

(c) Bluegrasses,

(d) Brome,

(e) Fescues,

(f) Lovegrass,

(g) Orchardgrass,

(h) Redtop,

(i) Rescue grass,

(j) Ryegrasses,

(k) Zoysia;

(4) Group IV—Tree and shrub seed;

(5) Group V— Flowers and herbs;

(6) Group VI— Reclamation and wetlands species not listed above such as smartweed, rice cut grass, boneset, etc.;

(7) Group VII—Mixtures of Groups I and II kinds (per component); and

(8) Group VIII—Mixtures of all other kinds (per component).

B. Fees for Seed Testing.

| | GROUP | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | TEST | I | II | III | IV | V | VI | VII | VIII | | Purity and Noxious | $10 | $15 | $35 | $10 | $20 | $90 | $10 | $20 | | Noxious Only | $10 | $10 | $20 | $10 | $15 | $40 | $10 | $20 | | Germination Only | $10 | $10 | $15 | $30 | $15 | $50 | $15 | $20 | | PGN | $15 | $20 | $50 | $35 | $30 | $120 | — | — | | All Contaminant Extra | $10 | — | $25 | $15 | $15 | — | $10 | $25 |

C. Additional Fees for Testing.

(1) If mixture components are not listed, a complete purity and noxious test will be performed at the rates indicated in §B of this regulation.

(2) An additional $10 shall be charged for germination tests conducted in sand-soil.

(3) Uncleaned or excessively chaffy or dirty samples and other seed tests not listed shall be charged for on the basis of the actual time required to make tests at the rate of $40 per hour.

(4) Miscellaneous fees, which are as follows:

(a) Tetrazolium test for quick indication of viability, which includes a priority fee—$50;

(b) Cold tests—soybeans, lima beans, garden beans, corn, and others—$15;

(c) Accelerated aging test—$15;

(d) Laboratory treatment with fungicide—$10;

(e) Seed count (conditioned samples only)—$10;

(f) Endophyte testing (tall fescue and perennial ryegrass) $25 seed test, $35 seedling test;

(g) Round-up tolerance test—$20; and

(h) Priority testing, which is available as the workload allows, but shall be started not later than the next business day—$25.

D. All seed samples treated with any fungicide or other material may not be tested unless the name of the substance is plainly marked on the container.

Cross References

15.08.05.05B

15.08.05.05C

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.12 Minimum Germination Standards.

A. Vegetable.

| Kind of Seed | Minimum * Germination (Percent) | | --- | --- | | All other kinds | 50 | | Anise | 50 | | Artichoke | 60 | | Asparagus | 70 | | Asparagusbean | 75 | | Basil, sweet | 60 | | Beans, garden | 70 | | Beans, lima | 70 | | Beans, runner | 75 | | Beet | 65 | | Borage | 70 | | Broadbean | 75 | | Broccoli | 75 | | Brussels sprouts | 70 | | Burdock, great | 60 | | Cabbage | 75 | | Caraway | 55 | | Cardoon | 60 | | Carrot | 55 | | Cauliflower | 75 | | Celeriac | 55 | | Celery | 55 | | Chervil | 65 | | Chicory | 65 | | Chives | 50 | | Citron | 65 | | Collards | 80 | | Coriander | 70 | | Corn, pop | 75 | | Corn, sweet | 75 | | Cornsalad (Fetticus) | 70 | | Cowpea | 75 | | Cress (garden)(upland) | 60 | | Cress (water) | 40 | | Cucumber | 80 | | Dandelion | 60 | | Dill | 60 | | Eggplant | 60 | | Endive | 70 | | Fennel, Florence | 60 | | Fennel, sweet | 50 | | Kale | 75 | | Kale, Chinese | 75 | | Kohlrabi | 75 | | Leek | 60 | | Lettuce | 80 | | Marjoram, sweet | 50 | | Muskmelon (cantaloupe) | 75 | | Mustard, India | 75 | | Mustard, spinach | 75 | | Okra | 50 | | Onion | 70 | | Onion, Welsh | 70 | | Oregano | 60 | | Pak-choi | 75 | | Parsley | 60 | | Parsnip | 60 | | Pea | 80 | | Peanut | 60 | | Pepper | 55 | | Pe-tsai or Chinese Cabbage | 75 | | Pumpkin | 70 | | Radish | 75 | | Rhubarb | 60 | | Roquette | 60 | | Rosemary | 30 | | Rutabaga | 75 | | Sage | 60 | | Salsify | 75 | | Savory, summer | 55 | | Sorrel | 60 | | Soybean | 75 | | Spinach (except New Zealand) | 60 | | Spinach (New Zealand) | 40 | | Squash | 75 | | Swiss Chard | 65 | | Thyme | 50 | | Tomato | 75 | | Tomato, husk | 50 | | Turnip | 80 | | Watermelon | 70 |

——————

*(Exclusive of Hard Seed)

B. Flower.

| Kind of Seed | Minimum * Germination (Percent) | | --- | --- | | All other kinds | 50 | | Achillea (The Pearl) (Achillea ptarmica) | 50 | | African daisy (Dimorphotheca aurantiaca) | 55 | | African violet (Saintpaulia spp.) | 30 | | Ageratum (Ageratum mexicanum) | 60 | | Agrostemma (rose campion) (Agrostemma coronaria) | 65 | | Alyssum (Alyssum compactum, A. maritimum, A. saxatile) | 60 | | Amaranthus (Amaranthus spp.) | 65 | | Anagalis (pimpernel) (Anagalis arvensis, Anagalis coerulea, Anagalis monelli) | 60 | | Anemone (Anemone coronaria, A. pulsatilla) | 55 | | Angel's trumpet (Datura arborea) | 60 | | Arabis (Arabis alpina) | 60 | | Arctotis (Africian lilac daisy) (Arctotis grandis) | 45 | | Armeria (Armeria formosa) | 55 | | Asparagus, fern (Asparagus setaceus) | 50 | | Asparagus, sprenger (Asparagus sprengeri) | 55 | | Aster, China (Callistephus chinensis), except Pompon, Powderpuff, and Princess types | 55 | | Aster, China (Callistephus chinensis), Pompon, Powderpuff, and Princess types | 50 | | Aubrieta (Aubrieta deltoides) | 45 | | Balsam (Impatiens balsamina) | 70 | | Begonia (Begonia fibrous rooted) | 60 | | Begonia (Begonia tuberous rooted) | 50 | | Bells of Ireland (Moluccella laevis) | 60 | | Brachycome (Swan River daisy) (Brachycome iberidifolia) | 60 | | Browallia (Browallia elata and B. speciosa) | 65 | | Buphthalmum (sunwheel) (Buphthalmum salicifolium) | 60 | | Calceolaria (Calceolaria spp.) | 60 | | Calendula (Calendula officinalis) | 65 | | California poppy (Eschscholtzia californica) | 60 | | Calliopsis (Coreopsis bicolor, C. drummondi, C. elegans) | 65 | | Campanula: | | | Canterbury bells (Campanula medium) | 60 | | Cup and Saucer bellflower (Campanula medium calycanthema | 60 | | Carpathian bellflower(Campanula carpatica) | 50 | | Peach bellflower (Campanula persicifolia) | 50 | | Candytuft, annual (Iberis amara, I. umbellata) | 65 | | Candytuft, perennial (Iberis gibraltarica, I. sempervirens) | 55 | | Castor bean (Ricinus communis) | 60 | | Cathedral bells (Cobaea scandens) | 65 | | Celosia (Celosia argentea) | 65 | | Centaurea, basket flower: | | | (Centaurea americana) | | | Dusty Miller (C. candidissima) | | | Royal centaurea (C. imperialis) | | | Sweet sultan (C. moschata) | | | Velvet centaurea (C. gymnocarpa) | 60 | | Cerastium (snow-in-winter) (Cerastium blebersteini and C. tomentosum) | 65 | | Chinese forget-me-not (Cynoglossumamabile) | 55 | | Chrysanthemum, annual (Chrysanthemum carinatum, C. coronarium, C. segetum | 50 | | Cineraria (Senecio cruentus) | 60 | | Clarkia (Clarkia elegans) | 65 | | Cleome (Cleome gigantea) | 65 | | Coleus (Coleus blumeix hybridus) | 65 | | Columbine (Aquilegia spp.) | 50 | | Coral bells (Heuchera sanguinea) | 55 | | Coreopsis, perennial (Coreopsis lanceolata) | 40 | | Corn, ornamental (Zea mays) | 75 | | Cosmos: | | | Sensation, Mammoth, and Crested types (Cosmos bipinnatus) Klondyke type (C. sulphureus) | 65 | | Crossandra (Crossandra infundibuliformis) | 50 | | Dahlia (Dahlia spp.) | 55 | | Daylily (Hemerocallis spp.) | 45 | | Delphinium, perennial: | | | Belladonna and Bellamosum types: | | | Cardinal larkspur (Delphinium cardinale) | | | Chinensis types: Pacific Giant, Gold Medal, | | | and other hybrids of D. elatum | 55 | | Dianthus: | | | Carnation (Dianthus caryophyllus) | 60 | | China pinks (Dianthus chinesis, Heddewigi, Heddensis) | 70 | | Grass pink (Dianthus plumarius) | 60 | | Maiden pinks (Dianthus deltoides) | 60 | | Sweet William (Dianthus barbatus) | 70 | | Sweet Wivelsfield (Dianthus allwoodi) | 60 | | Didiscus (blue lace flower) (Didiscus coerulea) | 65 | | Doronicum (leopard's bane) (Doronicum caucasicum) | 60 | | Dracena (Dracaena indivisa) | 55 | | Dragon tree (Dracaena draco) | 40 | | English daisy (Bellis perennis) | 55 | | Flax: | 60 | | Golden flax (Linum flavum) | | | Flowering flax (L. grandiflorum) | | | Perennial flax (L. perenne) | | | Flowering maple (Abutilon) | 35 | | Foxglove (Digitalis spp.) | 60 | | Gaillardia, annual (Gaillardia pulchella, G. picta); perennial (G. grandiflora) | 45 | | Gerbera (Transvaal daisy) (Gerbera jamesoni) | 60 | | Geum (Geum spp.) | 55 | | Gilia (Gilia spp.) | 65 | | Gloriosa daisy (rudbeckia) (Echinaceapurpurea and Rudbeckia hirta) | 60 | | Gloxonia (Sinningia speciosa) | 40 | | Godetia Godetia amoena, G. grandiflora | 65 | | Gourds: yellow-flowered (Cucurbita pepo); white-flowered (Lagenaria siceraria); dishcloth (Luffa aegyptiaca) | 70 | | Gypsophila: annual baby's breath (Gypsophila elegans); perennial baby's breath (G. paniculata, G. pacifica, G. repens) | 70 | | Helenium (Helenium autumnale) | 40 | | Helichrysum (Helichrysum monstrosum) | 60 | | Heliopsis (Heliopsis scabra) | 55 | | Heliotrope (Heliotropium spp.) | 35 | | Helipterum (Acroclinium) (Helipterum roseum) | 60 | | Hesperis (sweet rocket) (Hesperis matronalis) | 65 | | Hollyhock (Althea rosea) | *65 | | Hunnemannia (Mexican tulip poppy) (Hunnemannia fumariifolia) | 60 | | Hyacinth bean (Dolichos lablab) | 70 | | Impatiens (Impatiens wallerana) | 55 | | Ipomoea: cypress vine (Ipomoea quamoclit); moonflower (I. noctifloral) morning glories, cardinal climber, hearts and honey vine (Ipomoea spp.) | *75 | | Jerusalem cross (Maltese cross) (Lychinis chalcedonica) | 70 | | Job's tears (Coix lacryma-jobi) | 70 | | Kochia (Kochia childsi) | 55 | | Larkspur, annual (Delphinium ajacis) | 60 | | Lantana (Lantana camara, L. hybrids) | 35 | | Lilium (regal lily) (Lilium regale) | 50 | | Linaria (Linaria spp.) | 65 | | Lobelia, annual (Lobelia erinus) | 65 | | Lunaria, annual (Lunaria annua) | 65 | | Lupine (Lupinus spp.) | *65 | | Marigold (Tagetes spp.) | 65 | | Marvel of Peru (Mirabilis jalapa) | 60 | | Matricaria (feverfew) (Matricaria spp.) | 60 | | Mignonette (Reseda odorata) | 55 | | Myosotis (Myosotis alpestris, M. oblongata, M. palustris) | 50 | | Nasturtium (Tropaeolum spp.) | 60 | | Nemesia (Nemesia spp.) | 65 | | Nemophila (Nemophila insignis) | 70 | | Nemophila, spotted (Nemophila maculata) | 60 | | Nicotiana (Nicotiana alata, N. sanderae, N. sylvestris) | 65 | | Nierembergia (Nierembergia spp.) | 55 | | Nigella (Nigella damascena) | 55 | | Pansy (Viola tricolor) | 60 | | Penstemon (Penstemon barbatus, P. grandiflorus, P. laevigatus, P. pupescens) | 60 | | Petunia (Petunia spp.) | 45 | | Phacelia (Phacelia campanularia, P. minor, P. tanacetifolia) | 65 | | Phlox, annual (Phlox drummondi) all types and varieties | 55 | | Physalis (Physalis spp.) | 60 | | Platycodon (ballon flower) (Platycodon grandiflorum) | 60 | | Plumbago, cape (Plumbago capensis) | 50 | | Ponytail (Beaucarnea recurvata) | 40 | | Poppy: Shirley (Papaver rhoeas); Iceland (P. nudicaule); Oriental (P. orientale); Tulip (P. glaucum) | 60 | | Portulaca (Portulaca grandiflora) | 55 | | Primula (primrose) (Primula spp.) | 50 | | Pyrethrum (painted daisy) (Pyrethrum coccineum) | 60 | | Salpiglossis (Salpiglossis gloxinaeflora, S. sinuata) | 60 | | Salvia: scarlet sage (Salvia splendens), mealycup sage (blue bedder) (Salvia farinacea) | 50 | | Saponaria (Saponaria ocymoides, S.vaccaria) | 60 | | Scabiosa, annual (Scabiosa atropurpurea) | 50 | | Scabiosa, perennial (Scabiosa caucasica) | 40 | | Schizanthus (Schizanthus spp.) | 60 | | Sensitive plant (mimosa) (mimosa pudica) | *65 | | Shasta daisy (Chrysanthemum maximum, C. leucanthemum) | 65 | | Silk oak (Grevillea robusta) | 25 | | Smilax (Asparagus asparagoides) | 25 | | Snapdragon (Antirrhinum spp.) | 55 | | Solanum (Solanum spp.) | 60 | | Statice (flower heads) (Statice sinuata, S. suworonii) | 50 | | Stocks: common (Matthiola incana); evening scented (Matthiola bicornis) | 65 | | Sunflower (Helianthus spp.) | 70 | | Sunrose (Helianthemum spp.) | 30 | | Sweet pea, annual and perennial other than dwarf bush (Lathyrus odoratus, L. latifolius) | *75 | | Sweet pea, dwarf bush (Lathyrus odoratus) | *65 | | Tahoka daisy (Machaeranthera tanacetifolia) | 60 | | Thunbergia (Thunbergia alata) | 60 | | Torch flower (Tithonia speciosa) | 70 | | Torenia (wishbone flower) (Toreniafournieri) | 70 | | Tritoma (Kniphofia spp.) | 65 | | Verbena, annual (Verbena hybrida) | 35 | | Vinca (Vinca rosea) | 60 | | Viola (Viola cornuta) | 55 | | Virginian stocks (Malcolmia maritima) | 65 | | Wallflower(Cheiranthus allioni) | 65 | | Yucca(Adam's needle) (Yucca filamentosa) | 50 | | Zinnia(except linearis and creeping) (Zinnia angustifolia, Z. elegans, Z. grandiflora, Z. gracillima, Z. haegeana, Z. multiflora, Z. pumilla) | 65 | | Zinnia, linearis and creeping (Zinnia linearis, (Sanvitalia procumbens) | 50 |

——————

*(Including hard seed)

C. Agricultural and Lawn and Turf Seeds.

| Kind of Seed | Minimum Germination (Percent) Certified Seed | Minimum Germination (Percent) Non-Certified Seed | | --- | --- | --- | | Alfalfa | *80 | *53 | | Barley | 85 | 56 | | Bentgrass | 80 | 53 | | Bluegrass, Canada | 75 | 50 | | Bluegrass, Kentucky | 75 | 50 | | Bluegrass, wood | 75 | 50 | | Brome, field | 80 | 53 | | Brome, smooth | 80 | 53 | | Broomcorn | 80 | 53 | | Buckwheat | 80 | 53 | | Canarygrass | 75 | 50 | | Clover, alsike | *85 | *56 | | Clover, crimson | *85 | *56 | | Clover, ladino | *85 | *56 | | Clover, red | *85 | *56 | | Clover, white | *85 | *56 | | Corn, field | 90 | 70 | | Cowpea | 80 | 53 | | Crown vetch | *65 | *43 | | Fescue, Chewings | 80 | 53 | | Fescue, meadow | 80 | 53 | | Fescue, red | 80 | 53 | | Fescue, tall | 80 | 53 | | Flax | 85 | 56 | | Lespedeza, Korean | *80 | *53 | | Lespedeza, sericea or Chinese | *80 | *53 | | Lespedeza, striate | *80 | *53 | | Lovegrass | 75 | 50 | | Millet, browntop | 70 | 46 | | Millet, foxtail | 70 | 46 | | Millet, Japanese | 70 | 46 | | Millet, pearl | 70 | 46 | | Oat | 85 | 56 | | Orchardgrass | 80 | 53 | | Poa trivialis | 75 | 50 | | Rape, annual | 80 | 53 | | Redtop | 80 | 53 | | Rye | 70 | 40 | | Ryegrass, annual | 80 | 53 | | Ryegrass, perennial | 80 | 53 | | Ryegrass, tetraploid | 80 | 53 | | Ryegrass, intermediate | 80 | 53 | | Sorghum | 80 | 53 | | Sorghum x sudangrass hybrid | 80 | 53 | | Soybean | 80 | 53 | | Sudangrass | 80 | 53 | | Sunflower | 85 | 56 | | Sweet clover | *80 | 53 | | Timothy | 80 | 53 | | Tobacco | 80 | 53 | | Trefoil, birdsfoot | *80 | *53 | | Vetch, common | *80 | *50 | | Vetch, hairy | *80 | *53 | | Wheat | 85 | 56 |

——————

  • (Including Hard Seed)

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland
COMAR 15.08.01.13 Assessment of Civil Penalty.

A. For purposes of this regulation, the term “order of the Secretary” means an order that the Secretary has issued pursuant to the Maryland Seed Law, including a “stop sale” order.

B. If the Secretary determines that a person has violated an order of the Secretary, the Secretary may impose a civil penalty for each seed lot in violation of the order, as follows:

(1) For the first violation, not more than $100;

(2) For a second violation within a 2-year period, not more than $250; or

(3) For a third or subsequent violation within a 2-year period, not more than $500.

C. In assessing a civil penalty imposed under §B of this regulation, the Secretary shall consider:

(1) The willfulness of the violation and the extent to which the violator exercised reasonable care;

(2) The total number of seed lots found in violation at that location;

(3) The number of packages contained in each lot; and

(4) The extent to which the current violation is a part of recurrent violations of the Maryland Seed Law committed by the violator.

D. A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Secretary's decision to impose a civil penalty.

E. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department.

Cross References

15.08.01.02

History

  • Administrative History: Effective date: July 1, 1966
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .01B amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .02-1 adopted effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .02-1 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .03 amended effective June 10, 1991 (18:11 Md. R. 1189); August 29, 1994 (21:17 Md. R. 1440); May 8, 1995 (22:9 Md. R. 647); June 17, 1996 (23:12 Md. R. 873); February 23, 1998 (25:4 Md. R. 245); November 2, 1998 (25:22 Md. R. 1653); January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .05A amended effective January 22, 1990 (17:1 Md. R. 72); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .05B, C amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06B amended effective July 27, 1987 (14:15 Md. R. 1661); September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .06D, G amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .06H adopted effective March 4, 1991 (18:4 Md. R. 450)
  • Administrative History: Regulation .06H amended effective September 26, 1994 (21:19 Md. R. 1635)
  • Administrative History: Regulation .07A, C amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .09A amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .11 amended effective July 1, 1991 (18:12 Md. R. 1340); June 17, 1996 (23:12 Md. R. 873)
  • Administrative History: Regulation .11 amended as an emergency provision effective July 1, 2002 (29:16 Md. R. 1285); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .12A, B amended effective July 27, 1987 (14:15 Md. R. 1661)
  • Administrative History: Regulation .12B amended effective January 22, 2001 (28:1 Md. R. 27)
  • Administrative History: Regulation .13 adopted effective June 17, 1996 (23:12 Md. R. 873)
  • Authority: Agriculture Article, §§9-201, 9-202, and 9-214, Annotated Code of Maryland

15.08.02 Maryland Turf Grass Law

COMAR 15.08.02.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland
COMAR 15.08.02.02 Labeling.

A. Label Required; Contents. Every lot of severed turf grass sod, plugs, and sprigs, as defined under this subtitle, which is sold, exposed for sale, installed, transported, or advertised within the State for planting purposes by a dealer shall be accompanied by or have attached to the bill of lading, bill of sale, sales slip, or invoice a label containing the following information plainly written or printed in the English language:

(1) The recognized common names;

(2) The variety of each component;

(3) The texture, origin, and net measure;

(4) The presence of restricted noxious weeds;

(5) The name and address of the dealer who labeled the lot;

(6) If the kind or mixture is not known, this fact shall be stated;

(7) Date of labeling.

B. Each container of plugs or sprigs sold or offered for sale shall bear a label containing the information required in §A of this regulation except that the date of labeling shall be optional.

C. A bill of lading, delivery ticket, or invoice containing the specified information may be considered a label. However, sod lots offered or exposed for sale at retail sites (stores, garden centers, trucks, etc.,) for purchases directly by consumers shall be accompanied by a label in full view of the purchaser. Individual pieces sold at retail from a lot otherwise meeting the labeling requirements need not be further identified.

D. All required labeling information shall be presented in a single labeling block.

E. References to kinds and varieties shall be complete and correct, that is, Pennlawn red fescue, Meyer zoysia, Nassau Kentucky bluegrass. Names such as bonanza fescue and fine fescue are not permitted.

F. Sod consisting of more than one kind or variety, or both, when present in excess of 10 percent of the total plant population shall be labeled as a mixture. Percentages of kinds or varieties, or both, shall be based on plant populations. Mixtures may be labeled as to kind without reflecting variety.

G. Any kind or variety listed on the label or claimed in a mixture shall be present to the extent of 10 percent exclusive of any tolerance.

H. If the label reflects one kind or variety in a mixture, then all other kinds and varieties in the mixture shall also appear on the label.

I. The dealer may, at his option, claim percentage composition of the lot with respect to kinds and varieties.

J. Inaccurate labels may result in a stop sale order or in prosecution under the law, or both.

K. Sod shall be sold either by the square foot or square yard except that under appropriate circumstances when sod is sold by contract to be installed, truckload lots proceeding directly to one or more installation sites may be labeled partial shipment in lieu of a more precise net measure.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland
COMAR 15.08.02.03 Kinds of Fine and Coarse Textured Turf grasses.

A. The following species are designated as fine textured turf grasses:

(1) Colonial bent grass—agrostis capillaris.

(2) Creeping bent grass—agrostis stolonifera var. palustris.

(3) Bermuda grass—cynodon dactylon var. dactylon (only improved varieties intended for turf use).

(4) Canada bluegrass—poa compressa.

(5) Kentucky bluegrass—Poa pratensis.

(6) Rough bluegrass—Poa trivialis.

(7) Red fescue—festuca rubra subsp. rubra.

(8) Chewings fescue—festuca rubra var. commutata.

(9) Hard fescue—festuca longifolia.

(10) Tall fescue (turf-type)—festuca arundinacea.

(11) Zoysia—Zoysia spp.

(12) Perennial ryegrass (turf-type)—lolium perenne.

B. The following species are designated coarse textured turf grasses:

(1) Tall fescue (other than turf-type)—festuca arundinacea.

(2) Redtop—agrostis gigantea.

(3) Annual or Italian ryegrass—lolium multiflorum.

(4) Perennial ryegrass (other than turf-type)—lolium perenne.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland
COMAR 15.08.02.04 Weeds.

A. All plants, other than those listed above, shall be considered weeds. Any single weed species present to the extent of 10 percent of the total plant population shall be declared on the label by name and percentage under the heading “weeds”. When the total weed population exceeds 10 percent but no one species is present to the extent of 10 percent or more, an entry of “weeds” followed by the percentage will be shown.

B. Prohibited Noxious Weeds. Johnson grass (Sorghum halepense) and poison ivy or poison oak (Rhus spp.) are declared to be prohibited noxious weeds and sod containing these species will not be permitted for sale.

C. Restricted Noxious Weeds. The following plants are declared to be restricted noxious weeds:

(1) Bermuda grass (other than improved varieties intended for turf use)—cynodon dactylon var. dactylon.

(2) Giant Bermuda grass—cynodon dactylon var. aridus.

(3) Quack grass—elytrigia repens.

(4) Nutsedge—cyperus spp.

(5) Orchard grass—dactylis glomerata.

(6) Nimble will—mulhenbergia schreberi.

(7) Annual bluegrass—poa annua.

(8) Crabgrass—digitaria spp.

(9) Goose grass—eleusine indica.

(10) Foxtail—setaria spp.

D. The following kinds, when present and not listed as a component, shall be considered restricted noxious weeds and so labeled:

(1) Tall fescue—festuca arundinacea.

(2) Bent grass—agrostis spp.

E. Sod containing restricted noxious weeds shall bear the following statement: Contains the following restricted noxious weeds: ________, _____________, ______________, ____________, ___________.

F. Any lot containing restricted noxious weeds, either individually or collectively exceeding 20 percent of the total plant population by plant count, shall be prohibited from sale.

G. When coarse kinds are present in a mixture in excess of 10 percent, the mixture shall be labeled coarse textured.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland
COMAR 15.08.02.05 Method of Sampling.

A. Inspection shall be limited to 10 percent of each lot or 10 severed units whether rolled, folded, or flat, whichever is the lesser number, provided a minimum of two units are sampled. A representative sample shall be considered a portion 3 inches long by the width of a rolled, folded, or flat section.

B. Plugs. Inspection shall be limited to 10 percent of each lot or 10 plugs, whichever is the lesser number, provided a minimum of two plugs are sampled.

C. Sprigs. A representative sample shall be considered a one quart measure from lots sold in bulk taken randomly from the container or bulk. If sprigs are sold in small containers, one unopened container may constitute a sample.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland
COMAR 15.08.02.06 Method of Testing.

Each portion of the official sample will be examined and plant counts made to determine the average plant population of the sample.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland
COMAR 15.08.02.07 Method of Tolerance.

A tolerance of 5 percent of the total plant population will be applied to all declarations of weeds. When declarations of percentages of kinds or varieties, or both, of turf grasses are made, a tolerance of 10 percent of the total plant population will be applied.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland
COMAR 15.08.02.08 Net Measure or Count or Size.

All net measure, count, or size shall be consistent with the requirements of the Weights and Measures Law and Regulations.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland
COMAR 15.08.02.09 Advertising.

A. Advertising may not contain words or phrases implying results or quality conditions not common to the kinds or varieties offered for sale.

B. Brand names, designs, or pictorial representations that indicate a condition, result, or quality not common to the kinds or varieties declared on the label will not be permitted.

C. References to kinds and varieties shall be complete and correct, that is, Pennlawn red fescue, Meyer zoysia, Nassau Kentucky bluegrass. Names such as bonanza fescue and fine fescue are not permitted.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland
COMAR 15.08.02.10 Records.

A. Records, adequate to substantiate all labeling and advertising claims, shall be maintained for a period of 6 months after lifting. These records might include kind and variety of seed sown, location of field, date of seeding, date of lifting, and amount delivered.

B. In instances where the dealer is not the grower or producer, a signed growers declaration giving the required information shall be obtained and retained by the dealer for a period of 6 months.

History

  • Administrative History: Effective date: March, 1970
  • Administrative History: Regulation .02E amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .03 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .04C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .08 amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Regulation .09C amended effective May 6, 1996 (23:9 Md. R. 671)
  • Administrative History: Appendix A repealed effective May 6, 1996 (23:9 Md. R. 671)
  • Authority: Agriculture Article, §§2-103, 9-102, and 9-103, Annotated Code of Maryland

15.08.03 Seed Certification

COMAR 15.08.03.01 Purpose.

The purpose of seed certification is to provide a system for maintaining, from the time seed is released by the breeder until it is available to the producer, the genetic purity of seed varieties resulting from natural selection or plant breeding. Maryland shall certify seed for varietal and mechanical purity and germination. The following certification regulations apply to all crops eligible for certification, and include specific regulations for certain crops.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.02 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) “Breeder seed” means a class of seed directly controlled by the originating or sponsoring plant breeding institution, person, or designee. Breeder seed is the source for the production of seed of all other classes of certified seed. In varietal purity, Breeder seed shall be equal to, or higher than, Foundation seed.

(2) “Certified seed” means a class of seed that is the progeny of Breeder, Foundation, or Registered seed handled to maintain the standards of that class. Certified seed may not be used to produce Certified seed, except as provided in Regulation .04 of this chapter.

(3) “Certifying agency” or “agency” means the Maryland Department of Agriculture.

(4) “Classes of certified seed” means Breeder seed, Foundation seed, Registered seed, and Certified seed.

(5) “Conditioning” means the cleaning of seed to remove inert matter, diseased seed, or other crop and weed seed.

(6) “Foundation seed” means a class of seed that is the progeny of Breeder or Foundation seed and handled to maintain the standards of that class. Foundation seed may be used to produce Registered or Certified seed (see Regulation .14 of this chapter).

(7) “Kind” means one or more related species or subspecies which singly or collectively is known by one common name.

(8) “Official sample” means a sample taken by a representative of the certifying agency.

(9) “Off-type” means plants or seeds that do not conform to one or more characteristics of a variety.

(10) “Registered seed” means a class of seed that is the progeny of Breeder or Foundation seed and handled to maintain the standards of that class. Registered seed may be used for the production of Certified seed.

(11) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

(12) “Variety” means a subdivision of a kind characterized by growth, plant, fruit, seed, or any other character by which it can be differentiated from any other plant of the same kind.

Cross References

15.08.03.18A(6)

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.03 Eligibility Requirements for Certification of Varieties.

A. A variety that is approved by any of the following organizations is eligible for certification:

(1) National Variety Review Board. A part of the Association of Official Seed Certifying Agencies that is responsible for determining that a variety merits certification by evaluating information furnished by the applicant.

(2) Plant Variety Protection Office. A bureau within the U.S. Department of Agriculture that encourages the development of novel varieties of sexually reproduced plants.

(3) Official Seed Certifying Agency. The agency responsible for directing seed certification activities within a state.

(4) A variety determined by the Secretary to be eligible.

B. Before a variety is eligible for certification by the agency, the breeder, owner, or other person shall provide the following information:

(1) Name of variety;

(2) A statement concerning origin of the variety and breeding procedures used in its development;

(3) A description of the variety;

(4) Disease and insect resistance, yield data, and any other data that may support its identity;

(5) The area of adaptation of the variety;

(6) The procedure for maintenance of seed classes, including the number of generations through which the variety may be multiplied;

(7) A description of the manner in which the variety is constituted when a particular cycle or reproduction or multiplication is specified;

(8) Additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age of stand (growing crop), or other factors affecting genetic purity; and

(9) A seed sample representative of the variety, as marketed.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.04 Limited Generation System.

A variety may be multiplied only as specified by the originating breeder or owner of the variety, but may not exceed two generations beyond the Foundation seed class, with the following exceptions:

A. Recertification of Certified seed may be permitted at the discretion of the certifying agency for varieties when Foundation seed does not exist.

B. In an emergency, a person may produce, if approved by the certifying agency before planting, an additional generation of Certified seed. An emergency exists when Foundation and Registered seed supplies are not available or are not adequate to plant the needed Certified acreage of a variety.

C. Permission to recertify the Certified class shall be requested in sufficient time to allow the certifying agency to obtain permission from the originating or sponsoring plant breeder, institution, firm, or owner of the variety. Any additional generation of Certified seed beyond that permitted by this regulation to meet an emergency need is ineligible for recertification.

Cross References

15.08.03.02B(2)

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.05 Source of Seed.

A. Only a field planted with Breeder, Foundation, Registered, or Certified seed is eligible for certification. A certified tag and an analysis tag from each lot planted, and an invoice showing the amount of seed purchased, shall be submitted with the field inspection application. Each field shall be identified by variety and lot number of the seed source used to plant it.

B. If the seed source is from the applicant's own production, the seed shall meet all requirements of this chapter for certification.

C. On approval of the certifying agency, a seed lot rejected for non-genetic reasons may be used by the applicant for production of Certified seed, provided all remaining certification requirements are met.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.06 Field Inspection Application.

A. Each applicant shall provide the certifying agency with a completed application form. This form is available from the agency. A separate application shall be submitted for each variety and crop. Incomplete applications shall be rejected.

B. The applicant shall define clearly the area or units of certification. It may be divided, subject to the requirements of this chapter, for each crop. Each field bounded by a fence or a road is considered a separate unit for identification purposes.

C. Due dates include the following:

(1) Inspection applications shall be received by the certifying agency not later than the following dates (see Regulation .14 of this chapter):

(a) For barley, oat, rye and wheat—April 15;

(b) For corn—June 1;

(c) For red clover—July 15; and

(d) For soybeans—September 1;

(2) Late applications will be accepted at the discretion of the certifying agency (see Regulation .19 of this chapter for late fees);

(3) An applicant may withdraw an inspection application on any field and receive an adjustment of fees by the agency, provided the withdrawal notice is received before the field is inspected by the certifying agency.

D. The applicant shall indicate by diagram the location of the field or fields to be inspected. A road, farm lane, building, or other crop near a seed field shall be shown on the diagram. Each field shall be identified by a farm name or field number and shall correspond with the information provided on the inspection application.

E. An applicant shall sign the application for inspection and certify the following:

(1) That the information submitted for verification of seed eligibility is representative of the total amount of seed used and that the seed verified was planted on the field described on the application;

(2) That all equipment involved with planting, harvesting, storing, conditioning, and handling of the seed was cleaned thoroughly before use; and

(3) That the identity of the seed will be maintained, from harvest until it leaves the applicant's possession, through use of a numerical system, or some other identification system acceptable to the certifying agency.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.07 Field Inspection Procedures.

A. The certifying agency shall make at least one inspection of each field at a time when genetic purity can best be determined. The field shall be in a condition that permits an inspection to determine genetic purity (see certification requirements for each crop as provided by this chapter).

B. If a representative of the certifying agency has not inspected the field within 72 hours of anticipated harvest, the grower shall notify the certifying agency by telephone and request inspection.

C. The certifying agency shall notify the applicant within 72 hours of the date a small grain field for certification is to be inspected. The applicant shall then advise the agency whether or not any pesticide has been or will be applied to the field within 48 hours of the date the field is to be inspected. The applicant shall declare the name of the pesticide that has been or will be applied. An inspection may not be conducted until notification has been received from the applicant.

D. A crop may not be harvested until the applicant has a copy of the field inspection report to verify that the field has been inspected.

E. A field harvested before inspection by the certifying agency is not eligible for certification.

F. Before inspection, the applicant should rogue each field for off-types, other crops, and weeds that otherwise would cause a field to be rejected for certification.

G. Each field shall meet the land requirements for the crop being certified (see certification requirements for each crop as provided by this chapter).

H. A field that fails to meet certification standards for varietal purity, other crops, or certain weeds may be rogued and the applicant may request a reinspection. A field shall be reinspected after it is rogued of weeds or other crops, but before the field is harvested. The agency shall charge the applicant a reinspection fee.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.08 Handling Certified Seed.

A. Planting, harvesting, storing, and conditioning equipment, including custom equipment, used in the production of Certified seed shall be cleaned thoroughly to prevent contamination. Equipment used in the production of Certified seed classes may be inspected by the certifying agency.

B. If Registered and Certified seed of the same variety are stored together, the seed lot shall be tagged as Certified only.

C. A person providing conditioning for any class of Certified seed shall comply with the following requirements:

(1) Facilities shall be adequate to condition seed lots without contamination;

(2) Each seed lot shall remain identified at all times;

(3) Records of all conditioning operations relating to certification shall account for all incoming seed and its final disposition;

(4) Each person shall maintain adequate records on the conditioning of all classes of Certified seed and shall permit inspection by the certifying agency;

(5) Each conditioning business shall designate a contact person who is knowledgeable about the conditioning business; and

(6) A person conditioning Maryland Certified seed shall have the facilities inspected and approved by the certifying agency before conditioning begins.

D. Bagging.

(1) All classes of Certified seed shall be put into new bags or containers, unless the certifying agency approves previously used bags or other containers before the bagging of the seed lot.

(2) Bags or containers shall be securely closed by machine sewing, or other methods approved by the agency, to prevent contamination.

(3) Bags containing seed that fails to meet certification requirements may not display statements implying certification when the seed is offered or exposed for sale.

(4) The seed owner shall notify the certifying agency before opening a bag for the purpose of treating or reconditioning a seed lot.

(5) On each bag of Certified seed, the kind, variety, and lot number shall be marked in a conspicuous place, or each bag shall be marked in a manner approved by the certifying agency.

Cross References

15.08.03.14F

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.09 Seed Sampling.

A. Bin Sample. Seed for certification that has not been conditioned may be submitted by the applicant. Unconditioned samples shall be hand-screened before being submitted for a laboratory analysis.

B. Official Sample. The certifying agency shall collect for laboratory analysis a sample from each lot eligible for certification, as follows:

(1) Bagged Seed. The seed lot shall be conditioned and bagged before the applicant requests that an official sample be collected.

(2) Bulk Seed. The seed lot shall be conditioned and stored by the applicant as stated in Regulation .13 of this chapter before an official sample is collected.

(3) Seed shall be stored by the applicant so that a representative sample may be taken and an accurate bag count made.

(4) A seed lot that has not been protected from contamination, or is not properly identified, shall be rejected for certification by the agency.

C. Instead of the procedure specified under §B of this regulation, the applicant may submit a sample of the lot obtained by an automatic sampling device which has been approved by the agency.

D. Bulk Seed That is Bagged. At the discretion of the certifying agency, bulk Certified seed that is bagged at a later date may be sampled by the agency for a laboratory analysis before the issuance of certification tags.

E. Resampling.

(1) One additional sample of a seed lot may be taken by the agency to assist in making a final determination as to the eligibility of a seed lot for certification.

(2) The certifying agency may resample any lot of seed after certification tags have been issued to ensure the quality of the seed.

F. Sampling Carryover Seed. Seed carried over from one planting season to the next shall be retested for germination rate and shall be labeled with the current germination rate and date of the test. The owner is responsible for requesting the certifying agency to resample any carryover Maryland Certified seed.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.10 Seed Labeling.

A. The following colors of Certified seed tags or labels are used by the agency to identify classes of Certified seed:

(1) Breeder—white;

(2) Foundation—white;

(3) Registered—purple; and

(4) Certified—blue.

B. Seed advertised for sale or sold as a class of Maryland Certified seed shall have an official Maryland Certified seed tag securely affixed to each bag, before shipment, identifying the kind and variety, lot number, and grower number. For bulk Certified seed, see Regulation .13 of this chapter.

C. An applicant may not ship a seed lot as certified to a person unless the applicant has an agency seed analysis report approving the seed lot for certification, and certified tags or labels are affixed to each container.

D. Seed shipped without a certification tag affixed to each container is not certified and is not eligible for certification.

E. An applicant may not mail certification tags to a buyer or to any other person.

F. The following tagging methods are available:

(1) One Tag. This tag carries the complete analysis of the seed lot and also serves as the certification tag.

(2) Two Tags. A certification tag shall show the kind and variety, lot number, and grower number. An analysis tag showing purity analysis and germination rate, as required by the Maryland Seed Law, Agriculture Article, §9-207, Annotated Code of Maryland, shall accompany the certification tag. The analysis information may be printed on a tag furnished by the applicant or by the certifying agency.

G. The applicant shall submit to the agency a request for certification tags or labels on a form provided by the agency.

H. The applicant may request the agency to issue certification tags or labels before the seed is conditioned. The applicant shall affix these tags or labels at the time the seed is conditioned and bagged. The applicant may not remove seed labeled in this manner from the applicant's premises until the agency has tested and released the seed. The seed shall meet or exceed the labeled claims for which no tolerance is allowed.

I. The applicant shall:

(1) Label seed sold in mini-bulk and similar containers in a manner acceptable to the agency;

(2) Affix the labels in:

(a) A conspicuous location; and

(b) Such a manner that the labels cannot be accidentally removed during transportation.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.11 Substandard Certified Seed.

The certifying agency may, at its discretion, certify seed which fails to meet certification standards for reasons other than genetic purity. The certification tag or label shall identify the seed as “substandard seed” and shall indicate the reason for which the seed lot failed to meet certification standards. The agency shall only certify varieties protected under Title V of the Federal Seed Act as “substandard seed”. The agency may approve small grain seed as “substandard seed for germination” if the percent germination is within 5 percentage points of the minimum certified germination for that kind. The agency may not certify soybean seed as “substandard seed for germination”.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.12 Seed-Borne Diseases.

At the time of inspection by the agency, each field containing a crop for which certification is requested may not contain seed-borne diseases in excess of the established tolerances, as provided in this chapter.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.13 Bulk Certification.

A. Field and seed certification requirements of this chapter that apply to bagged seed shall apply also to bulk seed.

B. Under the certification program, only the Certified seed class may be sold as bulk. Recertification of bulk seed is not permitted.

C. Small grains or soybeans are eligible for bulk certification.

D. Storage of bulk Certified seed is limited to bins or containers that:

(1) Have openings at the top for loading purposes; and

(2) Can be securely sealed by the agency so that additional seed may not be added.

E. Bulk sale certificates are issued to each applicant handling bulk seed. A bulk sale certificate shall accompany each load of Certified seed sold in bulk. Seed sold without a bulk sale certificate loses its identity as Certified seed. A copy of each bulk sale certificate shall be forwarded to the certifying agency by December 31 of each year for small grains and by July 31 of each year for soybeans.

F. A bulk sale may be made only by the applicant to the consumer. Further bulk certification transfer is not permitted.

G. It is the seller's responsibility to:

(1) Handle the seed in a manner that will prevent mixtures and contamination;

(2) Ensure that a bin, auger, conveyor, and other equipment is cleaned before storage or handling of Certified seed; and

(3) Determine that the vehicle receiving bulk Certified seed is clean before loading begins. If it is not, this is to be noted on the transfer certificate.

H. Bulk seed eligible for certification shall be clearly identified by the applicant at all times. The following apply:

(1) Before certification is complete, the applicant shall affix a tag in a conspicuous place near each bulk storage area. This label is used to identify the:

(a) Variety and kind;

(b) Lot number or bin number;

(c) Grower number or origin; and

(d) Approximate number of bushels of seed eligible for certification.

(2) After certification is complete, a certification tag indicating Certified seed status shall be attached to each bin or bulk storage area. The kind and variety, lot number or bin number, grower number or origin, number of bushels, purity analysis, germination rate and test date shall appear on a blue tag.

(3) Each bin or bulk storage area is a separate lot.

(4) An applicant may not transfer seed to any other bin without prior approval of the certifying agency.

Cross References

15.08.03.09B(2)

15.08.03.10B

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.13-1 Transfer of Unconditioned Bulk Seed.

A. A bulk seed lot that has been approved by the agency for certification at the field inspection level may be transferred by the owner in bulk only to an agency-approved conditioner for conditioning and for final agency certification.

B. A seed owner shall provide the conditioner with a copy of the agency field inspection report for each seed lot.

C. Unless the agency gives prior approval, only one transfer is allowed for unconditioned bulk seed approved by the agency at the field inspection level.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.14 Foundation Seed Production.

Foundation seed production shall meet the following criteria, in addition to those requirements established for each crop (see specific crop regulations provided by this chapter):

A. Breeder seed:

(1) May be used to produce Foundation seed;

(2) Shall be produced at Maryland Agricultural Experiment Station farms, unless prior approval has been granted by the certifying agency to produce this seed elsewhere.

B. At the agency's discretion, and if approved before planting, Foundation seed may be eligible for Foundation seed production.

C. For a grower to be eligible to produce Foundation seed, the grower shall be approved by the certifying agency before seed is planted. A grower shall have the following qualifications:

(1) The grower shall have produced Registered or Certified seed in past years;

(2) The grower shall be producing Registered or Certified seed of the same variety, unless prior written approval has been granted by the certifying agency.

D. Applications for Foundation seed production of small grains shall be received by April 1. The agency shall make several inspections of the crop during the growing season.

E. Applications for Foundation seed production of soybeans shall be received by July 15. The agency shall make several inspections of the crop during the growing season and at maturity. For soybeans, at least one inspection during the growing season shall be made for flower color.

F. Before conditioning Foundation seed, the conditioning facility shall be inspected and be approved by the certifying agency (see Regulation .08C of this chapter).

Cross References

15.08.03.02B(6)

15.08.03.06C(1)

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.15 Interagency Certification.

A. The requirements of this chapter apply when the certifying agency participates with an out-of-State agency in the seed certification process.

B. The certifying agency may reject any seed lot for out-of-State interagency certification that fails the standards as described in this chapter, including standards relating to:

(1) Rodent damage;

(2) Insect damage;

(3) Moisture damage;

(4) Excessive disease;

(5) Weed content;

(6) Other crop contaminants;

(7) Inert matter; or

(8) Any other factor that affects the performance or quality of certified seed.

C. Seed eligible for interagency certification shall be received by any person in containers carrying official certification labels, or carrying other evidence of its eligibility from an official out-of-State seed certifying agency, with the following information:

(1) Variety and kind;

(2) Quantity of seed;

(3) Class of seed;

(4) Lot number that corresponds to the previous certifying agency's record; and

(5) Name and address of shipper.

D. Tags issued by the certifying agency for interagency certification shall be serially numbered, or carry the certification identity number, and shall display clearly the certifying agencies involved, and the variety, kind, and class of seed.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.16 Complying with Federal and State Seed Laws.

The applicant for certification shall maintain seed lot records and comply with all other requirements of federal and Maryland seed laws. When shipping seed interstate, it is the applicant's (shipper's) responsibility to know the receiving or destination state's seed laws. Information concerning federal or out-of-State seed laws is available from the certifying agency.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.17 Violations.

The Secretary may refuse to certify the seed of an applicant who violates any provision of this chapter.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.18 Certification Requirements for Specific Crops.

A. Soybean Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of soybean seed:

(1) Varieties Per Grower. Not more than two varieties may be produced by each grower, unless permission is granted by the certifying agency. The two varieties grown shall differ in maturity class, pubescence color, or hilum color.

(2) Land Requirements. Soybeans shall be grown on land where the previous crop was not soybeans unless the previous crop was:

(a) Planted with a class of Certified seed of the same variety; or

(b) Soybeans of a contrasting pubescence and hilum color.

(3) Isolation.

(a) If a field of soybeans is to be certified, it shall be separated on all sides by at least 5 feet from any other soybean variety.

(b) When it is necessary to remove a strip of the crop to obtain plant isolation, the part removed shall be cut from the field that is to be inspected by the agency for certification.

(4) Field Inspection.

(a) A field inspection will be made by the certifying agency when plant leaves have dropped and the crop is approaching maturity. Also, a field inspection may be made at blossom time.

(b) A field harvested before inspection is not eligible for certification.

(c) The agency may reject a field containing a crop that is lodged or if the field has excessive weeds so that it is difficult for the inspection to determine the genetic purity of the crop.

(5) Field Inspection Standards for Soybeans.

| | | Class of Seed | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Other varieties1 | 0 | 1:10,000 (0.01%) | 1:5000 (0.02%) | | Corn | 0 | 0 | 0 | | Prohibited noxious weeds | 0 | 0 | 0 | | Objectionable weeds2 | * | * | * | | Diseased seed | 3% | 3% | 3% |

1 Refer to Regulation .02B(12).

2 Morning glory (Ipomoea spp.), cocklebur (Xanthium spp.), Jimson weed (Datura stramonium), velvet leaf (Abutilon theophraste), black nightshade (Solanum nigrum), spurred anoda (Anoda cristata).

  • The certifying agency may reject a field where excessive objectionable weeds are present.

(6) Seed Standards.

| | | Class of Seed | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Pure seed (minimum) | 98% | 98% | 98% | | Inert matter (maximum) | 2% | 2% | 2% | | Other varieties 1 | 0.05% | 0.1% (2 seed/lb) | 0.25% (6 seed/lb) | | Other crop seed | 0 | 0.01% | 0.01% | | Corn | 0 | 0 | 0 | | Noxious weeds | 0 | 0 | 0 | | Objectionable weeds 2 | 0 | 0 | 0 | | Weed seed (maximum) | 0.01% | 0.01% | 0.01% | | Diseased seed (maximum) | 3% | 3% | 3% | | Germination (minimum) | 80% | 80% | 80% |

1 Refer to Regulation .02B(12) of this chapter.

2 Morning glory (Ipomoea spp.), Jimson weed (Datura stramonium), black nightshade (Solanum nigrum).

(7) Maximum Lot Size. The size of each lot of certified soybean seed is limited to 2,000 bushels or that quantity of seed, produced by an individual grower, that has been conditioned at the time an official sample is collected. A sample may be collected for each 2,000 bushels in the lot. If the seed is treated, the entire lot shall be treated with the same treatment or combination of treatments.

(8) Before issuing new certification tags for seed carried over from the previous planting season, the Department shall perform an accelerated aging test and a warm germination test for each official sample. These tests shall be conducted after February 1. For each sample, the minimum germination shall be 80 percent and a minimum 75 percent germination following accelerated aging.

B. Small Grain Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to the certification of small grain seed:

(1) Varieties Per Grower. Not more than two varieties may be produced by each grower, unless written permission is granted by the certifying agency before planting.

(2) Land Requirements. If a small grain crop is to be certified, it may not be grown on land that produced a small grain crop the previous year, unless that previous crop was grown from a class of Certified seed of the same variety. Double-cropping or plowing between small grain crops does not change this requirement.

(3) Isolation Requirements.

(a) If a field of barley or oat is to be certified, it shall be separated on all sides by at least 10 feet from other small grain crops or varieties.

(b) If a field of rye is to be certified, it shall be isolated by at least 660 feet from a rye field of any other variety, or a field of the same variety that does not meet certification regulations in this chapter.

(c) If a field of wheat is to be certified, the field shall be separated by the applicant on all sides by at least 10 feet from other small grain crops or varieties, except when the other small grain crop is rye, in which case the field of wheat shall be separated on all sides by at least 660 feet.

(d) If it is necessary to remove a strip of the crop to obtain proper isolation, the part removed shall be cut from the field to be inspected for certification.

(4) Field Inspection.

(a) A field inspection shall be made by the certifying agency when the crop is fully headed and approaching maturity.

(b) A field harvested before inspection is not eligible for certification.

(c) The agency may reject a field that contains a crop that is lodged or has excessive weeds that makes it difficult to determine the genetic purity of the crop.

(5) Field Inspection Standards for Barley, Oat, Rye, Wheat.

| | | Class of Seed | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Other varieties | 0.005% (1:20,000) | 0.01% (1:10,000) | 0.02% (1:5,000) | | Other crops1 | 0 | 0.005% (1:20,000) | 0.01% (1:10,000) | | Prohibited noxious weeds | 0 | 0 | 0 | | Objectionable weeds2 | * | * | * | | Seed-borne diseases3 | ** | ** | ** |

1 Rye is not permitted.

2 Objectionable weeds include wild garlic or wild onion (Allium spp.), corncockle (Agrostemma githago), bindweed (Convolvulus arvensis), vetch (Vicia spp.), and wild radish (Raphanus raphanistrum).

3 If seed-borne diseases are noted at field inspection, seed treatment shall be required.

* The certifying agency may reject a field where excessive objectionable weeds are present.

** The certifying agency may reject a field when excessive seed-borne diseases are observed.

(6) Seed Standards for Barley, Oat, Rye, Wheat.

| | | Class of Seed | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Pure Seed (minimum) | 99% | 99% | 99% | | Inert matter (maximum) | 1% | 1% | 1% | | Other varieties | 0.01% | 0.02% | 0.05% | | Other crop seed1 | 0 | 1/2 seed/lb. | 1 seed/lb. | | Noxious weeds | 0 | 0 | 0 | | Objectionable weeds2 | 0 | 0 | 0 | | Weed seed | 0.01% | 0.01% | 0.01% | | Germination | | | | | Barley, Oat | 90% | 90% | 90% | | Rye, Wheat | 85% | 85% | 85% | | Diseases3 | * | * | * |

1 A maximum of one per pound of another small grain shall be permitted in the Certified class only. Rye is not permitted in other small grains.

2 Objectionable weeds include vetch (Vicia spp.), wild radish (Raphanus raphanistrum).

3 If seed-borne diseases are noted upon field inspection or laboratory analysis, seed treatment shall be required.

(7) Maximum Lot Size. The size of each lot of certified small grain seed is limited to 2,000 bushels or that quantity of seed, produced by an individual grower, that has been conditioned at the time an official sample is collected. A sample may be collected for each 2,000 bushels in the lot.

C. Corn Seed Certification—Hybrids, Foundation Single-Crosses and Inbred Lines. In addition to the other requirements of this chapter, the following requirements apply to corn seed certification:

(1) Definitions.

(a) “Foundation single-cross” means a single-cross used in the production of a double-cross or a three-way cross. A Foundation single-cross, to be eligible for certification, shall be produced using inbred lines from sources such that their identity may be assured and approved by the certifying agency.

(b) “Hybrid corn” means seed of corn planted for any use except seed production. It may be any one of the following types:

(i) “Single-cross” means the first generation hybrid between two inbred lines;

(ii) “Double-cross” means the first generation hybrid between two single-crosses;

(iii) “Three-way cross” means the first generation hybrid between a single-cross and an inbred line.

(c) “Inbred line” means a relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of back-crossing to a recurrent parent with selection, or its equivalent, for specific characteristics. To be eligible for certification, the inbred line shall be from a source such that its identity may be assured and approved by the certifying agency.

(2) Classes of Seed.

(a) Only the Certified class is recognized in hybrid corn. Hybrid corn shall be produced from seed that has been grown under conditions that ensure its purity and trueness to type and shall be approved by the certifying agency. Proof of the restoring ability of the line shall be supplied by the originator.

(b) A Foundation single-cross shall consist of the first generation hybrid between two inbred lines to be used in the production of the double or three-way cross. A Foundation single-cross shall be made from Foundation inbreds approved by the certifying agency.

(3) Land Requirements. There is no limitation as to the previous crop.

(4) Field Standards.

(a) Field Inspection. At least one inspection shall be made by the certifying agency during the pollination period.

(b) Isolation—Foundation Single-Crosses and Inbred Lines.

(i) An increase field of an inbred line that is male sterile or fertile, or a production field of a specific Foundation single-cross involving either male sterile or fertile lines, shall be isolated by at least 600 feet from any other kind of corn, except isolation is not required for the production of hand-pollinated seed.

(ii) Adequate natural barriers and differential maturity dates are permitted for modifying isolation distance for both inbreds and single crosses, provided there are not silks in the seed field at the time pollen is being shed in the contaminating field.

(c) Isolation—Hybrid Corn.

(i) A specific hybrid to be accepted for certification shall be located so that the seed parent is at least 660 feet from other corn of a different color or texture. However, the distance may be modified by the planting of pollen parent border rows, the number of which is to be determined by the acreage of the specific cross in accordance with the following table:

When the acreage of a crossing field of a specific hybrid is:

| 9 or less | 10—14 | 15—19 | 20—24 | 25—29 | 30—34 | 35—39 | 40 or Over | Then the number of border rows required is: | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | And the distance from other corn in feet is: | | | | | | | | | | 660 | 640 | 620 | 600 | 580 | 560 | 540 | 520 | 2 | | 620 | 600 | 580 | 560 | 540 | 520 | 500 | 480 | 3 | | 580 | 560 | 540 | 520 | 500 | 480 | 460 | 440 | 4 | | 540 | 520 | 500 | 480 | 460 | 440 | 420 | 400 | 5 | | 500 | 480 | 460 | 440 | 420 | 400 | 380 | 360 | 6 | | 460 | 440 | 420 | 400 | 380 | 360 | 340 | 320 | 7 | | 420 | 400 | 380 | 360 | 340 | 320 | 300 | 280 | 8 | | 380 | 360 | 340 | 320 | 300 | 280 | 260 | 240 | 9 | | 340 | 320 | 300 | 280 | 260 | 240 | 220 | 200 | 10 | | 300 | 280 | 260 | 240 | 220 | 200 | 180 | 160 | 11 | | 260 | 240 | 220 | 200 | 180 | 160 | 140 | 120 | 12 | | 220 | 200 | 180 | 160 | 140 | 120 | 100 | 80 | 13 | | 180 | 160 | 140 | 120 | 100 | 80 | 60 | 40 | 14 |

(ii) Adequate natural barriers are permitted for modifying isolation distances, as approved by the certifying agency.

(iii) Differential maturity dates are permitted for modifying isolation distances, provided there are not receptive silks in the ear parent at the same time pollen is being shed in the contaminating field.

(d) Specific Standards—Male Sterile Ear Parent. A male sterile ear parent may be used to produce Certified hybrid corn seed by either of the following two methods:

(i) Seed of the normal fertile ear parent shall be mixed with the seed of the male sterile ear parent of the same pedigree either by blending in the field at harvest or by size at processing time. The ratio of male sterile ear parent seed to normal ear parent seed may not exceed 2:1.

(ii) The pollen parent shall involve a certified pollen-restoring line or lines so that not less than 1/3 of the plants grown from hybrid corn seed produce pollen which appears to be normal in quantity and viability.

(e) Specific Standards—Detasseling or Pollen Control. The following requirements apply when 5 percent or more of the seed parent plants have receptive silks:

(i) A hybrid shall be disqualified for certification if more than 1 percent of the seed parent stalks have shed pollen at the time of any one inspection or if the total for three inspections on different dates exceeds 2 percent.

(ii) Sucker tassels, portions of tassels, or tassels on main plants shall be counted when 2 inches or more of the central stem, side branches, or a combination of the two, have the anthers extended from the glumes and are shedding pollen.

(f) Other varieties and off-type plants in Foundation single-cross and inbred lines shall meet the following requirements:

(i) A field that contains, at any one inspection, more than 0.1 percent of off-type or more than 2 percent of doubtful type plants that have shed, or are shedding, pollen when 5 percent or more of the plants in the field have receptive silks may not be certified by the agency.

(ii) A plant shedding pollen in male sterile rows shall be destroyed at pollination time to eliminate the possibility of seed production.

(5) Seed Standards.

(a) Bin Inspection. For Foundation single-crosses and inbred lines the tolerance for other varieties or off-types is 0.1 percent or a total of 25 off-colored or different textured kernels per 1,000 ears.

(b) Foundation and Hybrid Corn Seed Standards.

(i) Table:

| | Class of Seed | | | --- | --- | --- | | Factor | Foundation | Certified | | Pure Seed | 99% | 99% | | Other crop seed | 0.25% | 0.25% | | Weed seed | None | None | | Inert matter | 1% | 1% | | Germination | 90% | 90% | | Moisture | 14% | 14% | | Disease | 0.5% | 0.5% |

(ii) Seed shall be graded to ensure uniform planting and treated with a recommended fungicide.

D. Red Clover Seed Certification. In addition to the other requirements of this chapter, the following requirements apply to red clover seed certification:

(1) Land Requirements.

(a) For Foundation seed production, the land used shall have been free of red clover for the past 5 years.

(b) For Certified seed production, the land used shall have been free of red clover for at least 3 years, except that this time may be shortened by 1 year if two cultivated crops or clean fallow intervened.

(c) There is no Registered class of seed.

(d) Manure or contaminating material may not be applied 1 year preceding or during the establishment and production period of the crop. Grazing of livestock that permits the distribution of contaminating seed is not allowed.

(2) Field Standards.

(a) The agency shall make at least one field inspection at blooming time each year that certification is requested.

(b) Isolation Distance.

(i) As provided in the following table, each field for Foundation or Certified seed shall have a minimum isolation distance from a field of any other variety or from a field of the same variety that does not meet the varietal purity requirements for certification:

| Class of Seed | Fields of 5 Acres or Less | Fields of 5 Acres or More | | --- | --- | --- | | Foundation | 1,320 ft. | 1,320 ft. | | Certified | 330 ft. | 165 ft. |

(ii) Isolation between classes of the same variety shall be 25 percent of the distances in §D(2)(b)(i), above.

(c) Each field of red clover may produce only two seed crops in any given generation.

(d) Specific Standards.

| | Class of Seed | | | --- | --- | --- | | Factor | Foundation | Certified | | Other varieties | 0% | 0.5% | | Crop plants producing inseparable seed | 0 | 0 | | Other crop plants | 0 per acre | 25 per acre | | Noxious weeds | 0 | 0 |

(3) Seed Standards.

| | Class of Seed | | | --- | --- | --- | | Factor | Foundation | Certified | | Pure seed (minimum) | 99% | 99% | | Other crop (maximum) | 0.01% | 0.01% | | Inert matter (maximum) | 1% | 1% | | Weed seed (maximum) | 0.15% | 0.25% | | Noxious weeds | None | None | | Objectionable weeds1 | 5 seeds per lb. | 90 seeds per lb. | | Total germination and hard seed | 85% | 85% |

1 Objectionable weeds include bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), dock (Rumex spp.), wild carrot (Daucus carota, sorrel (Rumex acetosella), ox-eye daisy (Chrysanthemum leucanthemum), ragweed (Ambrosia artemisiifolia), and Paspalum spp.

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.03.19 Fees.

Agency fees for field inspection and tagging of bagged and bulk seed are as follows:

A. Field Inspection.

(1) Small grains, soybean, and red clover:

(a) $1.75 an acre;

(b) $25 minimum charge for each variety produced;

(2) Hybrid corn — $3 an acre;

(3) Other crops — Certification fees for other crops not listed above shall be based upon the actual costs of performing any necessary inspection work;

(4) Reinspection fee — $25 for each variety.

B. Late fee — $20 for each variety plus travel costs, if any. For any application received after the due date for that crop, a grower shall pay a late fee.

C. Bulk certification fee — 14 cents for each unit of seed certified in bulk delivery, including minibulk and similar containers. A unit of barley shall weigh 48 pounds, a unit of wheat shall weigh 50 pounds, and a unit of soybeans shall weigh 60 pounds. The agency shall provide one tag or label for each container.

D. Tag and label fees — For seed packaged in bags of 2 bushels or less, $2 per lot per printing plus 14 cents for each certified tag or 14 cents for each certified label issued to the applicant.

E. The certifying agency shall deliver certification tags and labels by the most efficient means as determined by the agency. Any charges for delivery of tags and labels shall be paid by the applicant.

Cross References

15.08.03.06C(2)

15.08.05.11D(1)

History

  • Administrative History: Effective date: June 30, 1986 (13:13 Md. R. 1494)
  • Administrative History: Regulation .02B amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .06C amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .09F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .10F amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .12 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18 amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: Regulation .18A amended effective April 30, 1990 (17:8 Md. R. 977)
  • Administrative History: Regulation .19A and D amended effective July 1, 1991 (18:10 Md. R. 1117)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective September 25, 1995 (22:19 Md. R. 1473)
  • Administrative History: Regulation .07 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .08B, D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .09C amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11 amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .15D amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .18A, B amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .18B amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 21)
  • Administrative History: Regulation .19A, C—F amended as an emergency provision effective July 1, 2002 (29:15 Md. R. 1140); amended permanently effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .19D amended effective June 14, 1999 (26:12 Md. R. 926)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland

15.08.04 Turf Grass Certification

COMAR 15.08.04.01 Purpose.

The purpose of turf grass certification is to provide a system by which participants may supply high quality turf grass consisting of kinds and varieties that are well adapted to Maryland growing conditions. The Department shall certify turf grass for varietal and mechanical purity. The following certification regulations apply to all turf grass eligible for certification. There are also specific regulations for cultivated turf grass and vegetatively propagated turf grass.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.02 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) “Certified seed” means seed that is progeny of Breeder, Foundation, or Registered seed handled to maintain the standards of that class.

(2) “Certified turf grass” means a class of turf grass produced and handled in such a manner as to meet the standards of that class.

(3) “Cultivated turf grass” means turf grass which is reestablished from seed after each harvest.

(4) “Department” means Maryland Department of Agriculture.

(5) “Field” means the entire area within a natural or man-made border, such as a road, fence, waterway, hedgerow, etc., that clearly defines the boundary.

(6) “Foundation stock” means vegetative stock that is the progeny of Breeder stock or Foundation stock and handled to maintain the standards of that class.

(7) “Interagency certified seed mixture” means a mixture of kinds and varieties that have been mixed according to the regulations of the Maryland Department of Agriculture. Each mixture component shall be certified initially in its state of origin.

(8) “Kind” means one or more related species or subspecies which singly or collectively is known by one common name.

(9) “Official sample” means a sample taken by a representative of the Department.

(10) “Participant” means the person applying to grow Maryland certified turf grass.

(11) “Turf grass” means grass sold as vegetative sod, plugs, or sprigs.

(12) “Variety” means a subdivision of a kind characterized by growth, color, pest resistance, or any other character by which it can be differentiated from any other plant of the same kind.

(13) “Vegetatively propagated turf grass” means turf grass which normally is propagated from vegetative material and either does not produce seed or produces seed that is not viable.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.03 Applications to Participate in Program.

A. Field Eligibility Application.

(1) To establish the eligibility of a field to be used for the initial production of certified turf grass, a participant shall submit a preplow inspection application to the Department at least 15 days in advance of preparation or tilling of the proposed field.

(2) The Department may not approve the eligibility of a field unless all noxious weeds or persistent objectionable grasses are controlled.

(3) For warm season turf grass, a field shall be free of another warm season variety or kind for a period of 3 years.

B. Program Participation.

(1) After the Department has approved a field’s eligibility to participate in the certification program, a participant shall submit to the Department:

(a) An application, available from the Department, that has been completed; and

(b) A map clearly establishing the location and identification of each field.

(2) The application and map shall be submitted to the Department by:

(a) August 1 for seeded turf grass planted from January 1 to June 30 of the current year;

(b) February 1 for seeded turf grass planted from July 1 to December 31 of the previous year;

(c) August 1 of each year for vegetative turf grass planted from January 1 to June 30 of the current year; and

(d) February 1 for established fields of vegetative turf grass.

(3) Late applications:

(a) May be accepted by the Department; and

(b) May not be accepted later than November 1 if due August 1, or May 1 if due February 1.

(4) The Department shall consider the submission of an application as indicating the applicant’s intent to participate in the certification program.

Cross References

15.08.04.10B(1)(f)

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.04 Source of Seed or Vegetative Stock.

A. Only a field planted with an acceptable source of seed or vegetative stock, as described in these regulations, is eligible for certification.

B. The participant shall maintain for 2 years after harvest of the turf grass, evidence establishing the source of seed or vegetative stock, including such evidence as:

(1) A certification tag;

(2) An analysis tag; and

(3) A bill of lading or invoice.

C. The participant shall make available to the Department the evidence in §B on request.

D. The participant shall maintain a record that shows the variety and lot number of the seed source or vegetative stock used to plant each field.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.05 Management of Turf Grass.

A. The participant shall:

(1) Keep turf properly mowed;

(2) Control weeds in such a manner as not to allow distribution and spread of either weeds or their seed, or both;

(3) Control injurious insects or diseases;

(4) Produce the best quality turf possible under existing climatic and environmental conditions; and

(5) Maintain each field continuously in accordance with accepted turf grass management principles.

B. In a pure stand, the participant shall rogue other plant species before the Department makes its final pre-harvesting inspection.

C. In mixtures, the participant shall rogue or spray with an effective herbicide all weeds and other objectionable plants before the Department makes its final pre-harvesting inspection.

D. The participant shall treat a field with a history of annual grassy weeds with an effective pre-emergent herbicide at the proper time of year.

E. The Department may not certify turf grass unless it is uniform in density, color, and texture, and free of excessive amounts of thatch, insects, diseases, nematodes, and any other abnormal condition.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.06 Production Field Inspection.

A. The Department shall make periodic inspections to detect the presence of other crop plants, weeds, insects, diseases, and to determine the approximate percentage of each turf grass species in the mixture.

B. At least 5 days in advance, the participant shall notify the Department of the participant's intention to harvest turf grass from a new field.

C. A field harvested before the Department is notified may not be eligible for certification.

D. A production field that has been rejected for certification may be subjected to a field eligibility inspection before its use for the production of certified turf grass.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.07 Harvesting Certified Turf Grass.

A. Turf Sod.

(1) The participant shall machine cut turf sod at a uniform soil thickness of 1/2 inch, plus or minus 1/4 inch. In measuring for soil thickness the participant shall exclude top growth and thatch.

(2) The participant shall cut an individual unit of sod to a standard width and length with a maximum allowable deviation of 5 percent.

(3) A participant may not label turf sod as Certified:

(a) If it contains a broken unit or a unit with torn or uneven ends;

(b) Unless each standard size unit of sod is strong enough to support its own weight and retain its size and shape when suspended vertically from a firm hand grasp on the upper 10 percent of the unit.

(4) The participant may not harvest turf sod when moisture content may adversely affect survival.

(5) Sod shall be harvested and delivered within a period of 36 hours. Sod not delivered within this period shall be approved by the Department before installation.

(6) Sod harvested shall be less than 48 months old, from date of planting.

(7) Sod shall contain not more than 3/8 inch of thatch.

B. Turf Plugs.

(1) The participant may not harvest turf plugs when moisture content may adversely affect survival.

(2) Turf plugs shall be harvested and delivered within a period of 36 hours, unless refrigerated. Plugs not delivered within this period shall be approved by the Department before their installation.

(3) Turf plugs shall contain not more than 3/8 inch of thatch.

C. Turf Sprigs.

(1) The participant may not harvest turf sprigs when moisture content may adversely affect survival.

(2) Turf sprigs shall be harvested and delivered within a period of 12 hours, unless refrigerated. Sprigs not delivered within this period shall be approved by the Department before installation.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.08 Issuance and Use of Certified Labels.

A. Turf grass complying with these regulations may be issued a Certified label.

B. The participant shall attach the Certified label to the invoice or delivery ticket accompanying each load or shipment. A participant may not provide a label after the turf grass has been delivered.

C. A participant may not claim turf grass as Certified unless accompanied by a Certified label.

D. Certified turf grass labels will be valid for the following dates:

(1) May 1 through October 31; and

(2) November 1 through April 30.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.09 Complying with State Turf Grass Law.

The participant shall maintain records and shall label in accordance with the Maryland Turf Grass Law, Agriculture Article, Title 9, Subtitle 1, Annotated Code of Maryland, and this chapter.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.10 Certification Regulations for Specific Types of Turf Grass.

A. Cultivated Turf Grass.

(1) Requirements for Seed.

(a) The participant shall:

(i) Use the seed of the Foundation, Registered, or Certified class, as determined by the state of origin and approved by the Department.

(ii) Use the seed cultivars and composition that are acceptable to the Department.

(iii) Use seed of a Maryland Interagency Certified Mixture. The participant may plant individual components, if each individual component has been sampled, tested, and approved by the Department before being planted.

(iv) Handle the seed so as to maintain satisfactory genetic identity and purity, as required by the Department.

(b) Minimum seed standards for cultivated turf grass production are as follows:

| Kind | Minimum Purity | Minimum Germination | Maximum* Other Crop Seed | Maximum** Weed Seed | Lawn and Turf** Noxious Weed Seed | | --- | --- | --- | --- | --- | --- | | Bentgrass | 98.5% | 90% | 0.01% | 0.01% | None | | Kentucky Bluegrass | 98% | 85% | 0.1% | 0.1% | None | | Fine Fescue**** | 98% | 85% | 0.1% | 0.1% | None | | Tall Fescue | 98% | 85% | 0.1% | 0.1% | None |

*Off-type or types may not exceed 2% for any one variety of Kentucky bluegrass.

*A maximum of 90 Canada bluegrass per pound permitted in Kentucky bluegrass only. None permitted in other kinds.

*A maximum of 30 “ryegrass” per pound permitted in tall fescue only. None permitted in any other kinds. An information line shall be included on the analysis tag, stating number of “ryegrass” found per pound. If no “ryegrass” is found in the seed test conducted by the Department, an information line may be left off or stated as “ryegrass—none found”.

*Smooth brome (Bromus inermis)—none permitted.

**Shall be free of cheat and chess (Bromus spp.), chickweed, (Cerastium spp. and Stellaria media), crabgrass (Digitaria spp.), foxtail (Setaria spp.), goosegrass (Eleusine indica), nimblewill (Muhlenbergia schreberi), nutsedge (Cyperus spp.), panicum (Panicum spp.).

****COMAR 15.08.01.05A—C.

****Includes red fescue, Chewings fescue, hard fescue, and sheep fescue.

(c) In an emergency, and at the discretion of the Department, seed lots failing to meet the standards in §A of this regulation for other than genetic purity may be used for certified production only when the Department determines in writing that there exists a serious shortage of seed.

(d) Minimum standards for kinds of seeds not listed in §A(1)(b) of this regulation shall be determined by the Department.

(2) Certified Turf Grass shall be free of all grassy and broadleaf weeds, be relatively free of injurious insects, diseases, and nematodes, and show good esthetic appearance.

(3) Isolation.

(a) The participant shall use a minimum of 10 feet between each field of a different kind or variety, or between fields of certified and noncertified sod, unless a natural barrier, such as a fence or ditch, is present.

(b) Failure to provide minimum isolation shall result in field loss of not less than 5 feet past the last visible contamination.

B. Vegetatively Propagated Turf Grass.

(1) Eligibility Requirements for Establishment Stock.

(a) The participant shall:

(i) Use Breeder or Foundation stock, inspected and approved by the state of origin, to meet the minimum varietal and mechanical purities of the specific class;

(ii) Use a single strain or variety acceptable to the Department;

(iii) Handle the stock so as to maintain satisfactory genetic identity and purity, as required by the Department;

(iv) Grow only one variety of a given species on a farm, unless written permission is obtained from the Department before planting;

(v) Have all production of a specific variety on a farm inspected for certification.

(b) Minimum stock standards for vegetatively propagated turf grass production are as follows:

| Class | Kinds | Other Varieties | Other Turfgrasses | Weeds | Turf**** Noxious Weeds | | --- | --- | --- | --- | --- | --- | | Breeder | Bermudagrass | None | None | None | None | | Breeder | Zoysia | None | None | None | None | | Foundation | Bermudagrass | 0.05%* | 0.05%** | 0.02%*** | None | | Foundation | Zoysia | 0.05%* | 0.05%** | 0.02%*** | None |

  • 0.05% or 1 per square foot, whichever is less.

** Shall be free of bentgrass (Agrostis spp.), redtop (Agrostis gigantea), rough bluegrass (Poa trivialis), ryegrass (Lolium spp.), tall fescue (Festuca arundinacea).

*** Shall be free of Canada thistle (Cirsium arvense), cheat and chess (Bromus spp.), chickweed (Stellaria media), clover (Trifolium spp.), meadow fescue (Festuca pratensis), panicum (Panicum spp.), smooth brome (Bromus inermis), timothy (Phleum pratensis), velvetgrass (Holcus lanatus), wild garlic and wild onion (Allium spp.).

**** COMAR 15.08.01.05A—C

(c) For Foundation stock production (from Breeder stock), the participant shall use land that has been:

(i) Free of any strain of vegetatively propagated grass for at least 3 years; and

(ii) Treated with a fumigant acceptable to the Department.

(d) Minimum standards for other kinds not listed in §B(1)(b) shall be designated by the Department.

(e) If the participant elects to backfill an area where soil was removed in harvesting operations, the participant shall use sterilized soil.

(f) For a field to maintain certification it must remain in the turf grass certification program continuously in accordance with Regulation .03A(3) of this chapter.

(2) Certified turf grass shall:

(a) Be free of grassy and broadleaf weeds;

(b) Be relatively free of injurious insects, disease, and nematodes; and

(c) Show good esthetic appearance.

(3) Isolation.

(a) The participant shall use a minimum of 40 feet between each field of a different kind or variety, unless a natural barrier, such as a fence or ditch, is present. If this barrier exists, the participant may reduce the minimum distance to 20 feet.

(b) Failure to provide minimum isolation shall result in field loss of not less than 10 feet past the last visible contamination.

Cross References

15.08.05.09A(1)(a)

15.08.05.09A(1)(b)

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.11 Fees.

A. Field Eligibility Inspection. An applicant having new land inspected for eligibility shall be assessed by the Department at a rate of $1.50/acre, with a $50 minimum fee per inspection.

B. Participation Application Fees.

(1) The Department shall assess each applicant making application for fields seeded in the previous 6 months a one-time fee per acre per crop, in accordance with Regulation .03B(2)(a) and (b) of this chapter.

(2) The Department shall assess each applicant making application for fields maintained in vegetatively propagated turfgrass a yearly fee per acre per crop.

(3) Turf Grass Fees.

(a) For seeded turf grass, the one-time application fee per acre per crop is $9.00 per acre.

(b) For vegetative turf grass, the once-per-year application fee per acre per crop for all acreage planted or maintained is $6.00 per acre.

(4) The minimum application fee is $50.

(5) Late Fees. Applications and payments which are not received by the Department within 30 days past the due date shall be assessed a late fee of $100.

(6) Overseeding Fees. Fields that have been overseeded within 6 months of the original seeding date as a result of natural disasters, such as drought, floods, or storms shall receive no additional charge provided:

(a) The participant identifies which field was overseeded and notifies the Department in writing; and

(b) The lot of seed used for the overseeding is identified and is comparable and compatible with that which was planted originally.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland
COMAR 15.08.04.12 Violations.

The Secretary may:

A. Refuse to certify the turf grass of a participant who violates any provision of this chapter.

B. Revoke or suspend from the certification program a participant who violates any provision of this chapter. However, before a suspension or revocation from the certification program may occur, the Secretary shall give the participant written notice of the violation and an opportunity to be heard pursuant to COMAR 15.01.01.

History

  • Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 623)
  • Administrative History: Regulation .08B amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .10A amended effective October 2, 2000 (27:19 Md. R. 1729)
  • Administrative History: Regulation .11B amended effective August 16, 1993 (20:16 Md. R. 1279)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 29, 2002 (29:8 Md. R. 701)
  • Administrative History: Regulation .02B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .05E amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .07A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .08 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10A, B amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .11 amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .12A amended effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§9-102, 9-103(3), and 9-202, Annotated Code of Maryland

15.08.05 Certified Seed Mixing

COMAR 15.08.05.01 Purpose.

The purpose of certified seed mixing is to provide a system for maintaining the genetic and mechanical purity of certified seed when combined in mixtures of kinds and varieties. Maryland will apply both varietal and mechanical standards to certified seed mixtures. The following regulations apply to all Maryland Interagency Certified Mixtures and include specific requirements for components. These regulations also apply to the interagency certification of single varieties of those kinds listed in Regulation .09A(2), of this chapter, when necessary to continue certification.

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.02 Definitions.

A. In these regulations, the following terms have the meaning indicated.

B. Terms Defined.

(1) “Applicant” means a person who has requested the Department to collect samples, conduct tests, and supervise the mixing of different kinds of seed in order to have the seed mixture either certified as a “Maryland Interagency Certified Seed Mixture” or labeled as a “Supervised Mixture”.

(2) “Batch sheet” means a form used by the Department to collect data verifying the eligibility of each component to be used in a specific mixture.

(3) “Certified seed” means a class of seed that is the progeny of breeder, foundation, or registered seed handled to maintain the standards of that class.

(4) “Certified Seed Mixture” means different kinds or varieties of seed produced and labeled in accordance with the procedures of and in compliance with the regulations of an officially recognized seed certification agency.

(5) “Component” means a specific lot of a single variety that is to be used in the mixture.

(6) “Kind” means one or more related species or subspecies which singularly or collectively is known by one common name.

(7) “Lot” means a definite quantity of seed identified by a lot number or other mark, each portion or bag of which is uniform within recognized tolerance for the factor appearing in the labeling.

(8) “Maryland Interagency Certified Mixture” means different kinds or varieties of seed certified by the state of origin that have been:

(a) Mixed under the Department's supervision; and

(b) Found by the Department to have met the specific minimum seed standards set forth in this chapter.

(9) “Officially recognized” means recognized and designated by the laws or regulations of any state, the United States, any province of Canada, or the government of any foreign country whose certification standards are recognized by the Secretary.

(10) “Official sample” means a sample taken by a representative of the Department.

(11) “Supervised Mixture” means a seed mixture handled under the same procedures as a Maryland Interagency Certified Mixture except that one or more components is not Certified Seed.

(12) “Variety” means a subdivision of a kind characterized by growth, plant, fruit, seed, or any other character by which it can be differentiated from any other plant of the same kind.

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.03 Sale of Certain Represented Seed Mixtures.

A. A person may not sell, offer or expose for sale, or transport a mixture of different kinds of seed represented to be a certified seed mixture unless the seed mixture is produced and labeled in accordance with the procedures of and in compliance with the:

(1) Department's certification program set forth in this chapter; or

(2) Regulations of an officially recognized seed certification agency.

B. A person may not sell, offer or expose for sale, or transport a mixture of different kinds of seed represented to be a Supervised Mixture unless the seed mixture, except as otherwise provided in this chapter, is produced and labeled in accordance with the procedures of and in compliance with the Department's certification program.

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.04 Department's Certification Program.

To participate in the Department's program, a person shall:

A. Request the Department to collect any necessary samples, conduct any necessary tests, and supervise the mixing of the different kinds of seeds that the applicant intends to mix;

B. Use mixing equipment (that is, mixer, hoppers, elevators, augers, etc.) whose areas that come into physical contact with the seed are accessible for cleaning by the applicant and for inspection by the Department;

C. Request the Department to inspect the mixing equipment and associated seed handling equipment to verify that it is suitable for certified seed mixing, with this inspection repeated after any equipment modifications; and

D. Comply with Regulations .05—.10 of this chapter.

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.05 Sampling and Testing.

A. Before Mixing. When mixing seeds, the applicant shall use only lots the Department has approved. Except as provided by §D of this regulation, the Department, before approving the lot for mixing purposes, shall:

(1) Take an official sample of each component; and

(2) Test each component for purity, noxious weed, and germination.

B. After Mixing. After the different components have been mixed under the Department's supervision, the applicant shall permit the Department to take an official sample of each mixture. The Department shall retain the official sample for 3 years during which time the applicant or the customer may request that the sample be tested for purity, noxious weed, and germination. The party requesting the test shall be billed for the cost of the test in accordance with the current schedule provided in COMAR 15.08.01.11.

C. Fee for Purity, Noxious Weed, and Germination Examinations. The applicant shall pay the Department a fee for conducting these tests, which fee shall be in accordance with the current schedule provided in COMAR 15.08.01.11.

D. Exception and Special Time Frame That Exist for Germination Test.

(1) If more than 6 months have elapsed since a component was tested by the Department for germination, the applicant may not use that component in its intended seed mixture.

(2) If the Department determines that time is critical, the Department may, instead of conducting a germination test on each component:

(a) Perform a tetrazolium test;

(b) Accept from another recognized state laboratory:

(i) A tetrazolium test; or

(ii) A germination test, if not more than 6 months have elapsed since the test was conducted.

Cross References

15.08.05.04D

15.08.05.06B(13)

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.06 Procedure for Requesting a Mixture.

A. An applicant requesting the Department to supervise the mixing of seeds shall:

(1) Determine from current seed stocks and laboratory reports the lots of seed to be used in the mixture;

(2) Promptly notify the Department of the need for mixing.

B. In making this request, the applicant shall provide the Department with the following information:

(1) Name of the mixture;

(2) Lot number assigned to the mixture;

(3) Quantity (pounds) of the total mixture;

(4) Net weight of each container of the mixture;

(5) Total number of containers of the mixture;

(6) Percentage of each individual component as it will appear on the analysis tag;

(7) Percentage of other crop seed, inert matter, and weed seed as they will appear on the analysis tag;

(8) Lot number of each individual component;

(9) Department's test report number for each component lot;

(10) Name and address of the customer, unless the mixture is for stock;

(11) Requested mixing date;

(12) A statement indicating whether the applicant or the Department is to provide analysis tags; and

(13) Copies of seed test reports verifying information submitted under Regulation .05D(2)(b) of this chapter.

C. After reviewing the applicant's request, the Department shall:

(1) Review the test reports pertaining to the component seed lots to determine if the lots meet the minimum specifications; and

(2) Contact the applicant with the results of the review.

D. If all components meet the specifications, the Department and the applicant shall establish a mutually acceptable date and time to have a Department representative present at the mixing location to supervise the applicant's mixing process.

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.07 Mixing Procedure.

A. Before the scheduled mixing time, the applicant shall ensure that:

(1) All mixing equipment (that is, mixer, hoppers, elevators, augers, etc.) is cleaned, free of all seed and foreign material, and opened for inspection by the Department;

(2) The floor around the mixing area is cleaned and free of all seed and foreign material;

(3) Sufficient quantities of new containers are marked with the lot number of the mixture;

(4) Sufficient quantities of properly completed analysis tags have been prepared, unless they are being supplied by the Department;

(5) Each component container to be used:

(a) Is assembled in an area in close proximity to the mixing area;

(b) Has not been opened, torn, or water marked;

(c) Has a certification tag attached if it is to be used in any mixture requiring certified seed;

(6) Certification and analysis tags are not removed from any component container before approval by the Department representative; and

(7) Sufficient personnel are available to:

(a) Open the component containers;

(b) Load the components into the mixing equipment;

(c) Withdraw the completed mixture from the mixing equipment; and

(d) Fill, seal, tag, and store the mixture containers.

B. Before mixing, the Department representative shall:

(1) Inspect all mixing equipment, internally and externally, for cleanliness;

(2) Inspect the mixing area for cleanliness;

(3) Inspect the new containers to be used for the mixture to ensure the containers are appropriate;

(4) Inspect the analysis tags for completeness and accuracy; and

(5) Inspect and sample each component to ensure that the correct lots are present in the proper amounts and that all seed to be used in certified mixtures bears a certification tag.

C. When appropriate, the Department representative shall permit the applicant to load the components into the mixer. The applicant may not open the containers or place anything into the mixing equipment until the inspection under §B of this regulation has been completed.

D. The Department representative may visually examine any container of seed before it is emptied into the mixing equipment.

E. After the appropriate amount of mixing time, the Department representative shall permit the bagging of the mixture.

F. The Department representative shall have the sole responsibility to:

(1) Draw a sample of the completed mixture;

(2) Determine if the mixer is to be cleaned before the next seed mixture is mixed.

Cross References

15.08.05.10A

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.08 Tagging/Stenciling.

A. The applicant shall attach the Maryland certification tag or the Maryland supervised mixing tag, or both, to each seed mixture container. The applicant shall sew the tag onto each container with the closing stitch when the container is sewn.

B. At the time of mixing, the applicant shall attach to each container the appropriate analysis tag. In the case of stock items, the applicant may present two sample analysis labels to the Department representative. The applicant shall ensure that each container, before it is shipped, bears an accurate analysis tag, in accordance with the Maryland Seed Law and regulations. Analysis information for supervised mixtures may be printed on the reverse side of the supervised mixture tag.

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.09 Specific Minimum Seed Standards.

A. The following minimum seed standards apply to component seed lots to be used in Maryland Interagency Certified Seed Mixtures:

(1) Seed Mixtures Used in the Production of Maryland Certified Turfgrass.

(a) Unless the component meets the standards outlined in COMAR 15.08.04.10A(1)(b), the applicant may not use the component in mixtures intended for the production of Maryland certified turfgrass.

(b) The Department shall place the statement “This mixture is eligible for Maryland Certified Sod Production” on the mixture's certification tag if the mixture also meets the seed cultivar and composition requirements as provided in COMAR 15.08.04.10A(1)(a)(ii).

(c) If the mixture is intended for Maryland certified sod production, the applicant shall inform the Department of this so that the Department may apply the proper standards.

(2) Components for All Other Mixtures. Unless the component complies with the standards outlined in the following chart, the applicant may not use it in a mixture the applicant intends to represent as a Maryland Interagency Certified Seed Mixture:

Maryland Interagency Certified Mixtures, General Specifications

| Kind | Min Purity | Min Germ. | Max.* Other Crop Seed | Max.** Weed Seed | Lawn & Turf Noxious Weed***** Seed | | --- | --- | --- | --- | --- | --- | | Kentucky bluegrass | 95% | 85% | .25%*** | 0.2% | None | | Fine fescue**** | 98% | 85% | 0.25% | 0.2% | None | | Tall Fescue | 98% | 85% | 0.25% | 0.2% | None | | Ryegrass | 98% | 85% | 0.50% | 0.2% | None | | Bentgrass | 98% | 85% | 0.25% | 0.2% | None | | All other components | 90% | 80% | 0.50% | 0.2% | None |

——————

  • Ryegrass (Lolium spp.) is not permitted, except that up to 50 ryegrass per pound is permitted in tall fescue.

** Is free of crabgrass (Digitaria spp.), foxtail (Setaria spp.), goosegrass (Eleusine indica), nimblewill (Muhlenbergia schreberi), nutsedge (Cyperus spp.), or panicum (Panicum spp.).

*** Off-types of Kentucky bluegrass may not exceed 3 percent for any one component.

**** Include hard, Chewings, and creeping red fescues.

***** See COMAR 15.08.01.05A and C for list.

NOTE: Bentgrass, meadow fescue, redtop, rough bluegrass, and tall fescue may be permitted only when included as a labeled component of the seed mixture.

B. The Maryland State Highway Administration shall prescribe the minimum seed standards that apply to component seed lots to be used in supervised seed mixtures.

C. The Department, in an emergency, and after it has determined in writing that a serious shortage of seed exists, may allow the applicant to use seed lots that have failed for other than genetic reasons to meet the standards indicated in this regulation as interagency certified mixtures.

D. Except as provided in §B of this regulation, the applicant shall only use components that are certified seed.

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.10 Failure of Applicant to be Prepared for Mixing.

A. Each applicant shall be prepared to begin seed mixing, as described in Regulation .07 of this chapter, at the agreed upon time and date.

B. The Department may grant a 1-hour extension beyond the agreed upon time for the mixing to begin. If, at the end of 1 hour, the applicant is not satisfactorily prepared to start the mixing procedure, the Department may cancel the mixing. The applicant may contact the Department to reschedule the mixing. The Department shall charge the applicant $25 for each canceled mixing session.

Cross References

15.08.05.04D

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.11 Fees.

A. For State mixing, the Department shall assess an applicant at the rate of 5 cents per pound of mixture, with a $25 minimum per mixture.

B. For out-of-State mixing, the Department shall assess an applicant at the rate of 6 cents per pound for the mixing, with a $25 minimum per mixture, plus 50 cents per mile from Annapolis to the mixing site. The applicant shall be responsible for the cost of any overnight lodging.

C. For rebagging, relabeling, or retagging, the Department shall assess the applicant at the rate of 2 cents per pound, with a $20 minimum, and with any additional travel expense as described in §B of this regulation.

D. For tags or labels used, the applicant shall be assessed at the following rate:

(1) Certification tags and labels per rate found in COMAR 15.08.03.19D;

(2) Supervised mix tags or labels = 14 cents per tag or label plus $2 per lot.

E. The Department may assess the applicant at a rate of $12.50 per 1/2 hour, or any part of it, that the applicant does not mix seed after the agreed upon time.

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland
COMAR 15.08.05.12 Violations.

The Secretary may revoke or suspend a participant from the program or refuse to certify the seed, or both of these, of any seed company who violates any provision of this chapter.

History

  • Administrative History: Effective date: September 4, 1989 (16:17 Md. R. 1886)
  • Administrative History: Regulation .04 amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .08B amended effective October 7, 1996 (23:20 Md. R. 1425)
  • Administrative History: Regulation .11 amended effective August 30, 1993 (20:17 Md. R. 1351); October 7, 1996 (23:20 Md. R. 1425); February 12, 2007 (34:3 Md. R. 301)
  • Administrative History: Regulation .11D amended effective January 21, 2013 (40:1 Md. R. 21)
  • Authority: Agriculture Article, §9-202, Annotated Code of Maryland

15.09.01 General Regulations

COMAR 15.09.01.01 Scope.

A. This chapter describes the policies and procedures for the Department's administration of the Farm Sense Agricultural Mediation Program.

B. This Program is intended to provide persons and government agencies with a voluntary and low-cost process for settling agriculturally related disputes.

History

  • Administrative History: Effective date: June 23, 2003 (30:12 Md. R. 791)
  • Authority: Agriculture Article, §§1-1A-01—1-1A-04, Annotated Code of Maryland
COMAR 15.09.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Department” means Maryland Department of Agriculture.

(2) “Mediation” means a voluntary process under the Farm Sense Agricultural Mediation Program in which a mediator assists in the resolution of agriculturally related disputes involving persons, government agencies, or both, in a confidential and nonadversarial setting.

(3) “Mediation coordinator” means the individual or individuals responsible for the administration, reporting, and oversight of the Farm Sense Agricultural Mediation Program.

(4) “Mediator” means an impartial individual who:

(a) Is trained to assist participants in finding mutually acceptable solutions to shared problems; and

(b) Has no authority to impose a solution.

(5) “Producer” means a person who:

(a) Grows or produces food, fiber, planting material, or feed; or

(b) Breeds, stables, or raises livestock, equine, or ratites.

(6) “USDA” means the United States Department of Agriculture.

History

  • Administrative History: Effective date: June 23, 2003 (30:12 Md. R. 791)
  • Authority: Agriculture Article, §§1-1A-01—1-1A-04, Annotated Code of Maryland
COMAR 15.09.01.03 Who May Apply.

A. At least one of the parties participating in mediation shall be a:

(1) Maryland agricultural producer;

(2) Creditor of a Maryland agricultural producer; or

(3) Person directly affected by the actions of the Department or the USDA.

B. All requests for mediation shall be considered by the Department. Participants in mediation shall:

(1) Express an interest in developing a mutually agreeable and durable solution; and

(2) Have the authority to make decisions for themselves individually or for the organizations they represent.

History

  • Administrative History: Effective date: June 23, 2003 (30:12 Md. R. 791)
  • Authority: Agriculture Article, §§1-1A-01—1-1A-04, Annotated Code of Maryland
COMAR 15.09.01.04 Mediator Qualifications.

To act as a mediator, a mediator shall:

A. Complete a 40-hour basic mediation training course;

B. Maintain mediator liability insurance; and

C. Agree to comply with continuing training and evaluation requirements as determined by the Department.

History

  • Administrative History: Effective date: June 23, 2003 (30:12 Md. R. 791)
  • Authority: Agriculture Article, §§1-1A-01—1-1A-04, Annotated Code of Maryland
COMAR 15.09.01.05 Application and Eligibility.

A. A person interested in receiving mediation services shall submit a written request to the Department. This request shall contain the following:

(1) Name and contact information of the requesting party;

(2) Contact information for other parties involved; and

(3) A brief description of the issues to be addressed during mediation.

B. After initial consultation with all necessary parties, the mediation coordinator shall determine if the parties and issues for discussion are eligible for mediation. Factors the mediation coordinator shall consider include:

(1) The authority of each party to finalize an agreement, if a resolution is reached during the mediation process;

(2) The existence of issues involving violence or likely to give rise to violence;

(3) A conflict of interest between the Department and any party;

(4) Any other reason as determined by the mediation coordinator; and

(5) Whether the issues surrounding the request for mediation meet the criteria of 7 CFR §785.2 of the USDA's Certified Mediation Program guidelines.

C. Upon the mediation coordinator's determination that each party is eligible for mediation, a form shall be sent to each party. The form shall be completed and returned to the Department before mediation. If a party declines to participate in mediation, the mediation coordinator shall inform all other parties within 5 business days.

D. If all parties agree to mediation, the mediation coordinator shall arrange for an appropriate location, time, and mediator within 45 days of the mediation request.

E. All individuals present at the mediation, including the parties, the mediator, and any observers, shall sign an “Agreement to Begin Voluntary Mediation”. The mediation process may not begin if an individual present does not sign the agreement.

History

  • Administrative History: Effective date: June 23, 2003 (30:12 Md. R. 791)
  • Authority: Agriculture Article, §§1-1A-01—1-1A-04, Annotated Code of Maryland
COMAR 15.09.01.06 Fees.

A. The fee for each participant in a mediation session is $50. This fee shall be paid to the mediator at the beginning of a session. Additional fees may be required for multiple sessions.

B. The mediation fee may be waived for good cause shown.

History

  • Administrative History: Effective date: June 23, 2003 (30:12 Md. R. 791)
  • Authority: Agriculture Article, §§1-1A-01—1-1A-04, Annotated Code of Maryland
COMAR 15.09.01.07 Conclusion of Mediation Session.

A. Any agreement reached by all parties shall be voluntary. Any signed agreement is legally binding on all signatories to the extent that any signed agreement is contractually binding.

B. If the parties fail to reach an agreement, the mediator shall indicate this decision on a form. The form shall be signed by all parties.

History

  • Administrative History: Effective date: June 23, 2003 (30:12 Md. R. 791)
  • Authority: Agriculture Article, §§1-1A-01—1-1A-04, Annotated Code of Maryland
COMAR 15.09.01.08 Confidentiality.

A. Mediation shall be confidential pursuant to the terms of the Federal Dispute Resolution Act, 5 U.S.C. §574.

B. In addition to the exceptions in 5 U.S.C. §574, a mediator may disclose information conveyed during the mediation that indicates:

(1) Intent to commit a crime;

(2) Intent to inflict bodily harm on another; or

(3) A threat to the safety of a child.

C. Documents. Except for purposes of meeting reporting and evaluation requirements of the USDA Mediation Program, the Department shall maintain the confidentiality of all mediation records.

History

  • Administrative History: Effective date: June 23, 2003 (30:12 Md. R. 791)
  • Authority: Agriculture Article, §§1-1A-01—1-1A-04, Annotated Code of Maryland

15.11.01 Health Requirements Governing Admission of Livestock and Poultry into Maryland

COMAR 15.11.01.01 General.

No animal, including poultry or bird of any species, which is affected with, or has recently been exposed to any infectious, parasitic, or transmissible disease, or animals originating in a herd or area under quarantine, or animals which do not meet the import requirements as set forth below, may be brought into Maryland without written permission for the importation from the Secretary. Application for this permission shall be made in writing by the person wishing to import the animals, at least 10 days before the anticipated movement. Issuance of all permits for importation will be at the discretion of the Secretary. All animals imported under special permits and all animals that do not meet the requirements of these regulations are subject to a period of quarantine, and are required to undergo, at the owner's risk and expense, such test or tests as the Secretary may prescribe.

History

  • Administrative History: Effective date: July, 1972
  • Administrative History: Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.01.02 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: July, 1972
  • Administrative History: Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.01.03 Health Certificates.

A. Definition. An official certificate of health is a legible certificate made on an official form issued and approved by the chief animal health official of the state of origin, or the U.S. Department of Agriculture.

B. Preparation. Health certificates shall be prepared by veterinarians in the employ of the state of origin, by those in the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, by accredited veterinarians or licensed graduate veterinarians. The veterinarians shall be approved by the recognized animal health official of the state of origin.

C. How Used. Livestock and poultry imported into Maryland shall be accompanied by an approved health certificate or permit, which shall be attached to the waybill or shall be in the possession of the driver of the vehicle or the person in charge of the livestock. A health certificate or permit will be void after 30 days.

D. Contents. The health certificate shall contain the name and address of the consignor and the consignee, with an accurate description or identification of the livestock. It shall give appropriate dates and descriptions, by name, of current disease tests specifically required, and shall give the health status of the herd of origin, when required. A copy of the approved certificate shall be forwarded to the Department.

E. Sanitation of Conveyances.

(1) All trucks, railway cars, and other conveyances, used for the transportation of livestock and poultry, shall be maintained in a sanitary condition.

(2) The owners and operators of railway cars, trucks, and other conveyances, that have been used for intrastate or interstate movements of any livestock or poultry infected with, or exposed to, an infectious or transmissible disease, shall be required to have the cars, trucks, and other conveyances and crates, coops, and boxes thoroughly cleaned and disinfected, under official supervision. Proper notice of cleaning and disinfection or certification shall be attached to the waybill or be in the possession of the operator of the truck or other conveyances.

History

  • Administrative History: Effective date: July, 1972
  • Administrative History: Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.01.04 Cattle: Dairy, Breeding, and Feeder.

A. Tuberculosis Requirements.

(1) Cattle, which originate directly or indirectly from herds where infection with Mycobacterium bovis (Bovine Tuberculosis) has been known to exist within the past 3 years, may not be imported into the State, except for immediate slaughter.

(2) Cattle for dairy and breeding purposes, feeder cows, heifers and bulls of beef breeds, including calves and cattle for exhibition purposes, may be imported into Maryland provided they meet the following requirements:

(a) Cattle originating directly from accredited tuberculosis free states—no tuberculosis test required;

(b) Cattle originating from modified accredited tuberculosis free states:

(i) Originating directly from accredited tuberculosis free herds—no tuberculosis test required,

(ii) Originating directly from herds tested negative within the previous 12 months and provided the animals to be moved were included in the herd test or were natural additions under 1 year old—no tuberculosis test required,

(iii) Cattle over 6 months old not qualifying under §A(2)(b)(i) or A(2)(b)(ii), above, require a negative tuberculin test within 60 days before import.

(c) Steers, except those for exhibition purposes, and spayed heifers are exempt from the requirements in §§A(2)(a) and A(2) (b), above.

B. Brucellosis (Bang's Disease) Requirements.

(1) Cattle from herds which contain brucellosis suspects, or from herds under quarantine or restriction of any kind, are not eligible for entry without a prior written permit from the Secretary.

(2) Cattle for dairy and breeding purposes, feeder cows, heifers and bulls or beef breeds, including calves and cattle for exhibition purposes, may be imported into Maryland, provided they meet the following requirements:

(a) Cattle originating from herds not under restriction in certified brucellosis free states—no brucellosis test required;

(b) Cattle from all states not certified brucellosis free:

(i) Originating directly from certified brucellosis free herds—no brucellosis test required,

(ii) All other cattle except steers shall originate directly from qualified herds* shall comply with one of the following:

(aa) Be official vaccinates under 24 months old with vaccination dates recorded on the interstate certificate,

(bb) Be under 6 months old,

(cc) Be tested negative within 30 days before entry into Maryland.

(3) In all brucellosis procedures and policies not stated above, the latest edition of “Recommended Uniform Methods and Rules” shall apply.

C. Health Certificates.

(1) Cattle conforming to the preceding tuberculosis and brucellosis requirements will be accompanied by a health certificate issued by an accredited veterinarian or a licensed graduate veterinarian and approved by the proper animal health official of the state of origin. The certificate shall contain:

(a) A statement certifying that the cattle are free from any evidence of an infectious, parasitic, or transmissible disease, and have not been recently exposed to the same;

(b) The tuberculosis and brucellosis status of the herd and area in which the imported cattle originate, the date and results of brucellosis and tuberculin tests when required, description, age, tag, or tattoo number, specific brand, registry name and number of each animal to be imported.

(2) The names and addresses of the owner consignor and consignee shall be clearly legible.

D. Public Stockyards and Auctions. Cattle approved for entry into Maryland as free from tuberculosis or brucellosis may not be assembled, handled, or confined in any public stockyard, livestock auction, sales stable or yard, unless they are properly segregated in thoroughly cleaned disinfected pens to prevent their exposure to infected cattle or premises.

** “Qualified herds” as defined in the latest published edition of “Recommended Uniform Methods and Rules” as recommended by the Brucellosis Committee of the United States Animal Health Association and adopted by the United States Department of Agriculture* .

E. Immediate Slaughter.

(1) Apparently healthy cattle of strictly slaughter type to be used only for immediate slaughter may be imported into the State without a health certificate or tuberculosis or brucellosis test, provided the cattle are:

(a) Accompanied by a waybill and consigned for immediate slaughter to a recognized public stockyard where federal or State veterinary inspection is maintained;

(b) Shipped to a slaughtering establishment or slaughtering center that is approved and designated by the Animal and Plant Health Inspection Service, United States Department of Agriculture, and the animal health official in the state of destination.

(2) The cattle shall be slaughtered within 10 days after arrival at destination, except when the 10 day period is extended by special permit from the Department.

Cross References

15.11.14.06E(1)(a)

History

  • Administrative History: Effective date: July, 1972
  • Administrative History: Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.01.05 Horses, Mules, and Asses.

A. These animals may be imported into Maryland when accompanied by a health certificate, issued by an official veterinarian of the state of origin or of the Animal and Plant Health Inspection Service, United States Department of Agriculture, accredited veterinarian or a licensed graduate veterinarian who has been approved by the proper animal health official of the state of origin. The health certificate shall give the name and address of the consignor and consignee and an accurate description of the animal or animals and certify that the animal or animals, as determined by a physical examination, are free from any evidence of an infectious, transmissible, or parasitic disease and have not been recently exposed to any infectious, transmissible, or parasitic disease.

B. All equines over 9 months old entering the State shall have been found negative to an official test for equine infectious anemia made within 12 months before entry and shall be accompanied by a copy of the negative test results.

C. A copy of the approved health certificate shall be forwarded to the Department before the arrival of the animals at their destination.

D. Equines not known to be affected with infectious, transmissible, or parasitic disease and not under restriction are exempt from the interstate health certificate requirement provided they are consigned directly to a Maryland licensed market or auction which handles equines.

History

  • Administrative History: Effective date: July, 1972
  • Administrative History: Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.01.06 Goats.

All goats entering the State for purposes other than immediate slaughter shall be accompanied by an approved interstate health certificate showing a negative test for tuberculosis and brucellosis conducted within 30 days before the date of entry, and that they are clinically free from symptoms of all other infectious and communicable diseases.

History

  • Administrative History: Effective date: July, 1972
  • Administrative History: Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.01.07 Sheep.

All sheep and lambs entering the State for purposes other than immediate slaughter shall be accompanied by an approved interstate health certificate, indicating that the flock of origin was examined not more than 30 days before entry, and that the examination revealed no symptoms of scabies, contagious ecthyma, foot rot, or any other infectious or communicable disease.

History

  • Administrative History: Effective date: July, 1972
  • Administrative History: Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.01.08 Dogs.

A. All dogs imported into Maryland shall be accompanied by a certificate of health issued by an accredited or a licensed graduate veterinarian and approved by the proper animal health official of the state of origin. The certificate shall state that the dog or dogs:

(1) Are free from symptoms of any infectious or communicable disease;

(2) Did not originate within an area under quarantine for rabies; and

(3) Have been vaccinated (except puppies under 4 months old) within 12 months of shipment with killed rabies vaccine or within 3 years with a modified live virus rabies vaccine.

B. Dogs consigned directly to research facilities, licensed dealers, or both, as defined by Federal Law No. PL 89-544 are exempted from provisions of this regulation.

C. A health certificate will not be required for dogs entering the State temporarily for exhibition purposes, provided the other stated health requirements have been fulfilled.

History

  • Administrative History: Effective date: July, 1972
  • Administrative History: Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.01.09 Wild Animals.

Wild and semi-wild animals under domestication or in custody may be imported into the State, provided that a report of the number of animals is made to the Department, within 72 hours after arrival. Immediate opportunity for examination shall be afforded a representative of the Department, to determine the health status of the animals before the wild animals are released from confinement.

History

  • Administrative History: Effective date: July, 1972
  • Administrative History: Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland

15.11.02 Eradicating Brucellosis in Cattle in Maryland

COMAR 15.11.02.01 Definitions.

A. “Brucellosis exposed animal” means a bull, cow, or calf that:

(1) Is part of a herd known to be infected with brucellosis;

(2) Has been in contact with a brucellosis reactor in marketing or other channels for 24 hours or more; or

(3) Has been in contact with a brucellosis reactor for less than 24 hours if the brucellosis reactor has aborted or calved within the preceding 30 days, or the reactor has a vaginal or uterine discharge.

B. “Department” means Maryland Department of Agriculture.

C. “Official brucellosis test” means a test or combination of tests performed in an approved State-federal brucellosis laboratory and approved by the Secretary.

D. “Reactor”. The definition of a reactor in “Uniform Methods and Rules” shall apply.

E. “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

F. “Suspect”. The definition of a suspect in “Uniform Methods and Rules” shall apply.

G. “Uniform Methods and Rules” means the latest published edition of “Recommended Uniform Methods and Rules--Brucellosis Eradication” as adopted and published by the U.S. Department of Agriculture following recommendations of the Brucellosis Committee of the United States Animal Health Association.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.02 Herd Tests.

Individual tests of any or all animals in a herd will be carried out whenever the Secretary has reason to suspect brucellosis infection may exist among the animals or they have been exposed to the infection. Tests of any or all herds may be done whenever the Secretary, in his judgment, deems it necessary to prevent the spreading of this disease.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.03 Dairy Herds.

At least three times per year, a sample of milk or cream will be collected at the milk plant, creamery, or other location from each herd offering milk or cream for sale, by the office of Animal Health, personnel or by other persons approved by the Director, and the milk sample will be subjected to the milk ring test. Additional samples may be taken at the farm, if deemed advisable by the Director, and subjected to the milk ring test. A herd from which a suspicious or positive milk sample is received will immediately be placed under such restriction or quarantine as the Secretary shall order, until it has been established by official individual animal testing whether brucellosis exists in the herd.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.04 Slaughter Animals.

A. All cattle 2 years old and older, except steers, consigned to slaughter shall be identified at the first point of concentration by an official market cattle identification tag or other method approved by the Secretary. The official identification may not be removed from any animal until slaughtered.

B. Every slaughtering establishment in Maryland shall collect at the time of slaughter a blood sample together with all man-made identification from all cattle 2 years old or older, except steers, regardless of whether they bear official identification. The blood sample shall be protected from conditions causing deterioration, and along with all man-made identification of the animal, shall be submitted to a Department animal health laboratory for brucellosis testing.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.05 Handling Brucellosis Reactor and Exposed Cattle.

A. Brucellosis Reactors. Brucellosis reactors, revealed by an official brucellosis test, shall be tagged, within 15 days of the date of the test, in the left ear with a reactor tag, and branded on the left jaw with the letter “B”, no smaller than 2 inches or larger than 3 inches in height. Reactors shall be shipped to slaughter under written permit or disposed of in another manner approved by the Secretary within 15 days after branding. The remainder of the herd shall be placed under quarantine and handled as exposed cattle.

B. Exposed Cattle. Brucellosis exposed cattle shall be quarantined and may be moved from the premises only for immediate slaughter and upon written permit. In addition, exposed cattle shall be heat branded on the left jaw with the letter “S” at least 2 inches by 2 inches and identified with an approved metal ear tag at the first point of concentration in Maryland or before leaving the original premises to pass interstate. The following exceptions apply:

(1) Calves under 6 months old which are nursed by brucellosis exposed cows in a herd known to be infected with brucellosis, which herd has been brucellosis tested negative within 10 days before movement; calves under 6 months old that have been weaned from a brucellosis reactor or exposed cows for not less than 30 days immediately preceding the movement may be moved without a brand provided the calves are accompanied by a permit.

(2) Steers and spayed heifers over 6 months old may be moved without restriction. Exposed animals shall remain under quarantine until sent to slaughter or subjected to tests at intervals the Secretary may require to determine if they are free of brucellosis infection.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.06 Brucellosis Suspects.

Suspects will be quarantined to the premises where revealed until retested negative or sent to slaughter under permit. Herds containing one or more suspects may be quarantined or placed under such restriction as the Secretary may require.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.07 Indemnities.

Federal and State indemnities will be paid to owners of brucellosis reactors depending upon the allocation of funds. Owners of purebred reactors shall surrender registration papers at the time of appraisal.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.08 Shipment.

While in transit, all brucellosis suspects, reactors, and exposed cattle shall be accompanied by an official shipping permit issued by a regulatory official. These animals shall be shipped for immediate slaughter and may not be diverted in transit. Animals transported with a reactor shall be consigned to immediate slaughter unless the reactors are kept separate from the other animals by a partition securely affixed to the sides of the vehicle.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.09 Disinfection.

The premises from which a reactor is removed shall be cleaned and disinfected with an approved disinfectant under regulatory supervision within 15 days after removal of the reactor, unless the procedure is considered unnecessary by the Secretary.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.10 Official Vaccination of Calves with Strain 19 Brucella Vaccine.

On and after July 1, 1976, the age for official vaccination of calves with Strain 19 Brucella Vaccine shall be as follows:

A. All heifers, regardless of breed--2 to 6 months (60 through 179 days) old;

B. Heifers vaccinated after July 1, 1976, older than 179 days will not be eligible for indemnity if found to be reactors on a blood test after the animal is 24 months old.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.02.11 Procedures and Policies not Covered in the Regulations.

In all procedures and policies relating to the eradication of brucellosis in cattle not covered above, the latest published edition of “Recommended Uniform Methods and Rules” shall apply.

History

  • Administrative History: Effective date: March, 1968
  • Administrative History: Regulations .01, .04B, .05, .08, .09, and .10 amended effective
  • Administrative History: December 2, 1977 (4:25 Md. R. 1915)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland

15.11.03 Health Requirements for Cattle Passing through Public Stockyards, Public Sales and Livestock Dealers, and Farm to Farm Sales

COMAR 15.11.03.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: July, 1972
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.03.02 General Requirements.

A. All bovine animals are subject to inspection for evidence of infectious disease including those caused by parasites. Affected and exposed animals are not eligible for movement to Maryland farms and shall be consigned directly to slaughter or handled in such a manner as specified by the Secretary.

B. Diagnostic tests of cattle may be required when it is considered necessary.

C. Cattle classified as suspects or reactors as a result of a test performed at a stockyard or auction market, shall be consigned directly to slaughter, or handled in such manner as specified by the Secretary, and no indemnity paid. Exposed animals will be handled at the discretion of the Secretary.

D. It is prohibited for any person or persons to:

(1) Conceal the identity or origin of a bovine animal within the State; or

(2) Remove manually, for the purpose of concealing or falsely representing the identity of the animal, any means of identification such as back tag, ear tag, tattoo, or other means of identification recognized by the Secretary.

E. Records of Animals Received and Disposed of.

(1) It shall be the duty of each livestock dealer and livestock market operator to maintain a record covering all animals received and disposed of. These records shall include the date of receipt and date of sale, and the name and address of the consignor and purchaser. Each animal shall be identified by a metal ear tag number, tattoo number, purebred name and registry number, or a horn or hoof brand number, by breed, sex, age, and approximate weight, the health status and the purpose for which the animals are consigned, that is, for breeding, feeding, grazing, or milk production. Individual identification is not required for:

(a) Steers, or spayed heifers;

(b) Calves under 8 months old of beef type for feeding and grazing purposes.

(2) These records shall be retained for a period of 3 years.

F. It shall be the duty of every livestock trucker, livestock dealer, livestock market operator, and slaughtering establishment subject to or maintaining meat inspection, to identify upon receipt, unless already identified by back tag, all bovine breeding animals 2 years old and over originating from herds in this State and received for sale or shipment to a slaughtering establishment.

G. The identification, unless otherwise authorized by the Secretary, shall consist of an official back tag issued by the Department or the Animal and Plant Health Inspection Service, U.S.D.A., and shall be affixed to the animals at a point approximately 4 inches behind the shoulder and 4 inches below the top line.

H. Every person required to identify animals in accordance with this regulation shall file reports, on forms prescribed and at intervals prescribed by the Secretary, of all animals identified including the back tag number and date of application, and the name, address, and county of residence of the person who owned or controlled the herd from which the animals originated.

I. The requirements of this regulation may not apply to livestock truckers with respect to animals received for delivery directly to a livestock market agreeing to accept responsibility for back tag identification, if at the time of delivery the market is furnished with information identifying the herd of origin.

J. Animals with one pair of fully erupted permanent incisors will be deemed to be 24 months old.

History

  • Administrative History: Effective date: July, 1972
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.03.03 Requirements for Cattle Passing Through Auction Markets or Public Stockyards for Return to Maryland Farms.

A. All cattle for return to farms shall be in compliance with Regulation .02A-E.

B. Brucellosis.

(1) Cattle originating directly from herds not under restriction in Maryland or other certified brucellosis free states may be moved to farms in Maryland without a brucellosis test.

(2) Cattle originating from states not certified brucellosis free shall comply with one of the following:

(a) Be consigned direct to slaughter; or

(b) Be accompanied by an official interstate certificate fully complying with Maryland regulations for importation of cattle from states not certified brucellosis free.

C. Tuberculosis.

(1) Cattle originating directly from herds not under restriction in Maryland may be moved to farms in Maryland without a tuberculosis test.

(2) Cattle originating from states other than Maryland shall comply with one of the following:

(a) Be consigned direct to slaughter; or

(b) Be accompanied by an official interstate certificate fully complying with the tuberculosis requirements for the importation of cattle into Maryland or meet these requirements before release.

(3) Steers, except those for exhibition purposes and spayed heifers, are exempt from tuberculosis testing requirements.

History

  • Administrative History: Effective date: July, 1972
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.03.04 Requirements for Farm to Farm Sales Within Maryland Including Sales from Farms to Dealers to Farms.

A. All animals shall be identified in accordance with Regulation .02A—E.

B. Herd Dispersal Sales.

(1) Brucellosis Requirements. All herds shall comply with one of the following:

(a) Have at least 3 negative milk ring tests within the 12 months immediately preceding the sale;

(b) Have a complete negative brucellosis herd test within the 12 months immediately preceding the sale.

(2) Tuberculosis Requirements. All herds shall have a complete negative tuberculosis test within the 12 months immediately preceding the sale.

C. Brucellosis and tuberculosis tests are not required for farm to farm sales, or for animals purchased by dealers from Maryland farms and sold to Maryland farms, except as noted in §B, above.

History

  • Administrative History: Effective date: July, 1972
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.04 Prohibiting Living Hog Cholera Virus Vaccine in Maryland [Repealed]

History

  • Administrative History: Effective date: July 1, 1968
  • Administrative History: Chapter repealed effective December 9, 2004 (31:24 Md. R. 1729)

15.11.05 Swine Imported into Maryland

COMAR 15.11.05.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: November, 1971
  • Administrative History: Regulation .02A amended effective October 6, 1978 (5:20 Md. R. 1500)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.05.02 Swine for Shipment into Maryland.

A. Swine imported for purposes other than immediate slaughter are subject to the following requirements:

(1) Each shipment shall be accompanied by an official interstate health certificate, identifying the individual swine in the shipment by ear tag or other approved means, and stating that the swine are free from and have not been exposed to an infectious or contagious disease. A copy of this certificate shall be forwarded immediately to the Office of Animal Health of the Department.

(2) All feeder and breeder swine entering Maryland from any state where hog cholera or pseudorabies has been known to exist during the preceding 6 months shall be accompanied by a permit issued before shipment by the Department. The permit may be refused or conditioned based upon reports of hog cholera or pseudorabies by the U.S. Department of Agriculture and officials of other states.

(3) All feeder and breeder swine entering Maryland shall originate from a herd not known to be infected with pseudorabies (Aujesky's Disease) during the past 6 months.

(4) All swine imported into Maryland farms shall be maintained in quarantine on one premises without exposure to other swine for 30 days after entering the State, and, are subject to inspection.

(5) Breeding swine are subject to all the requirements above and in addition shall meet the following requirements:

(a) Swine over 6 months old shall have been negative to an official test for swine brucellosis conducted within 30 days before shipment unless the swine have originated directly from a validated brucellosis free herd. Information regarding the brucellosis test status of the imported swine or the herd of origin, or both, shall be entered on the interstate health certificate.

(b) Individual animals shall:

(i) Be negative to a serum neutralization (SN) or other test for pseudorabies approved by the Secretary, conducted within 30 days of entry by a State or federal laboratory; or

(ii) Originate from a herd listed as designated a qualified pseudorabies negative herd by the Animal and Plant Health Inspection Service, Veterinary Services, USDA.

(c) If not eartagged, swine shall be identified by registry name and number and a description sufficient to identify the animal.

(6) All swine temporarily in the State for exhibition purposes shall meet all the preceding requirements except §A(4) of this Regulation, above.

B. Swine for immediate slaughter are subject to the following requirements:

(1) Swine may be imported for immediate slaughter without a certificate of health, or prior permit provided they are consigned directly to an approved public stockyard (terminal market), approved livestock auction market, or to a slaughtering establishment recognized by the Department;

(2) Swine imported for immediate slaughter shall be kept completely segregated and isolated from swine consigned for other purposes;

(3) All slaughter swine weighing less than 170 pounds shall be identified by a yellow paint mark on the back measuring not less than 3 x 3 inches or by another method approved by the Secretary.

History

  • Administrative History: Effective date: November, 1971
  • Administrative History: Regulation .02A amended effective October 6, 1978 (5:20 Md. R. 1500)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland

15.11.06 Swine Herd Validation for Brucellosis and Validated-free Areas in Maryland

COMAR 15.11.06.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Herd test” includes a test of all breeding swine 6 months old or older in a given herd.

C. “Infected herd” means a herd that discloses one or more swine showing a complete agglutination reaction in the blood titer dilution of 1:100 or higher, or a positive reaction to the card test.

D. “Negative herd” means a herd:

(1) That discloses no swine having agglutination reactions higher than incomplete at the 1:100 dilution, or any swine positive to the card test. All animals over 6 months old in the herd are to be included in the brucellosis test.

(2) In which at least 10 percent of the breeding swine have been tested annually in a market swine testing program for 3 consecutive years with no positive test results.

E. “Negative swine” means a swine from:

(1) An infected herd or herd of unknown status that disclosed no reaction or less than complete agglutination in the blood titer dilution of 1:25, or a swine reported to be negative to the card test;

(2) A validated or negative herd that discloses no reaction or less than complete agglutination in the blood titer dilution of 1:100, or that has no reaction to the card test.

F. “Official test for brucellosis” means either:

(1) The tube agglutination test;

(2) The brucellosis card test; or

(3) Any other test that may be recommended by the United States Animal Health Association and approved by the United States Department of Agriculture and the Department.

G. “Reactor” or “positive swine” means swine:

(1) Disclosing a complete agglutination reaction in the blood titer dilution of 1:100 or higher;

(2) In an infected herd or herd of unknown status having a complete reaction in the 1:25 dilution or higher; or

(3) Disclosing a positive card test reaction.

H. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: June, 1968
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.06.02 Identification.

All swine tested shall be identified with an approved ear tag, tattoo, or other means as specified or approved by the Department.

History

  • Administrative History: Effective date: June, 1968
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.06.03 Herd Validation.

A. Negative Herds. A swine herd will be validated following two consecutive negative tests on the entire breeding herd 30 to 90 days apart. However, if all breeding swine tested on the first test can be accounted for on the validating test, an extension of time may be granted, but the extension will not be allowed to exceed 180 days. This includes all breeding animals 6 months old and older. Validation is effective for 12 months unless otherwise revoked. The validated status will apply to all offspring born since the last test. A swine of unknown brucellosis status or of a suspicious brucellosis status may not be added to or associated with a validated herd or a herd in the process of becoming validated. Herd validation will be voided under these circumstances.

B. Validated Herds.

(1) Owners of herds that comply with validation requirements will be issued validation certificates by the Department and the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture and may use them in advertising their breeding stock.

(2) Upon expiration, validation certificates will not be renewed (or will be cancelled, whichever is appropriate) until such time as the herd again satisfies validation requirements.

(3) Upon finding one or more reactors in a validated herd, the validation certificate will be immediately cancelled.

C. Infected Herds.

(1) All infected herds shall be held in quarantine until free of brucellosis as determined by blood testing and until declared free of brucellosis by the Secretary.

(2) In herds with reactors one of the following plans shall be selected by the herd owner in consultation with an agent of the Department, for eradicating the disease and qualifying the herd for validation:

(a) Plan A. This plan is recommended for infected herds showing clinical symptoms of brucellosis.

(i) The entire herd shall be sent to slaughter as soon as practicable.

(ii) Houses and equipment shall be cleaned and disinfected.

(iii) Restocking shall be done with swine from a negative herd.

(iv) Following two consecutive negative tests 30 to 90 days apart, the herd will be eligible for validation, and a certificate issued on proof of eligibility.

(b) Plan B. This plan is useful in herds where only a few reactors are found and where no clinical symptoms of brucellosis have been noted.

(i) All reactors should be sent to slaughter.

(ii) The herd shall be retested at 30 day intervals, removing reactors for slaughter, until the entire herd is negative.

(iii) Two negative tests not less than 90 days apart, on all breeding animals 6 months old or older, will qualify the herd for validation.

(iv) If the herd is not freed of infection within 180 days, Plan A will be recommended.

D. Herd Revalidation. Herds may be revalidated at the end of each 12-month period upon the basis of a negative test on all breeding animals 6 months old or older in the herd.

E. Cancellation of Herd Validation. If there are reactors revealed in the herd, or if the herd fails to requalify for validation renewal within 14 months, the validation certificate will be cancelled and the herd must requalify for validation in accordance with this regulation.

History

  • Administrative History: Effective date: June, 1968
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.06.04 Area Plan.

A. Area Validation. Following a request from swine owners within a designated area, the Department and the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, may declare that area validated-brucellosis-free provided it fulfills the following requirements:

(1) All breeding herds in the designated area shall have attained negative status.

(2) Not more than 3 percent of the herds, or one herd, whichever is greater, shall have been found to be infected during the 18-month qualification period.

(3) Areas may qualify as validated-brucellosis-free for a period of 3 years provided all breeding herds in the designated area qualify under one of the two following procedures:

(a) All herds of breeding swine in the designated area shall be validated or have a negative herd test, in which all breeding swine 6 months old or older are tested. All herds of breeding swine in the designated area qualifying under the procedure shall have been tested within 18 months before the date validation is requested.

(b) All herds of breeding swine in the designated area shall be validated or have established negative herd status under a market swine testing program (10 percent of the breeding swine to be tested annually for 3 consecutive years).

B. Area Revalidation.

(1) Areas which carry out one of the following provisions may be revalidated at the expiration of the 3 year period:

(a) Negative herd test, in which all breeding swine 6 months old or older are tested and found negative within the last 18 months of the 3 year validation period.

(b) Each herd of breeding swine shall blood test at least 10 percent of the breeding swine over 6 months old, or a minimum of one animal, whichever is greater, within the 3-year period. If one- half of the required tests are not reported by the end of the first 18 months of the 3 year validation period, it will be necessary to blood test all breeding swine in each herd in the area as under this subsection.

(2) Infected Herds. Herds found infected during the validation period shall be placed under quarantine until freed of brucellosis.

(3) Disposal of Reactors. Reactors shall be permanently identified by tag or brand, or both, and moved under permit within 10 days for immediate slaughter to an approved slaughtering establishment.

(4) Cleaning and Disinfection. Buildings, farrowing pens, and equipment shall be cleaned and disinfected following removal of the reactors.

(5) Permissible Infection Rate for Revalidation. The accumulated number of infected herds in a validated-brucellosis-free area may not exceed 5 percent of the herds in the area, or one herd, whichever is greater, over the 3 year validation period.

C. Cancellation of Area Validation. Cancellation shall become effective at the end of a 36-month period if the designated area does not qualify for revalidation under §B, above.

History

  • Administrative History: Effective date: June, 1968
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.06.05 Introduction of Swine into Validated-Free Areas and Movement of Swine Through Auction Markets and Livestock Sales.

A. Swine for immediate slaughter may move through regular marketing channels (approved livestock markets and approved slaughtering establishments) without brucellosis testing.

B. Swine for feeding purposes may enter without a test, or may be held in validated areas without a test, provided the swine are maintained in isolation separate and apart from all breeding stock as approved by the Secretary.

C. Swine originating in validated-brucellosis-free herds, or negative non-validated herds in validated-brucellosis-free areas, may enter a non-validated herd without a test, provided the swine are moved directly and have not been in contact with infected swine or swine of an unknown brucellosis status, and have not been exposed to an infected premises.

D. Swine originating in herds not described in §C, above, shall have passed a negative test within 30 days before the date of entry, to be held in isolation, and pass one additional negative test within 30 to 60 days before being added to the herd.

E. Swine over 6 months old sold through auction markets or livestock sales, to be returned to farms for breeding purposes, shall originate directly from a validated herd, or be blood tested negative within 30 days before sale, or be blood tested negative before release.

F. All swine consigned to farms in Maryland shall be transported in conveyances that have been properly cleaned and disinfected.

History

  • Administrative History: Effective date: June, 1968
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland

15.11.07 Control, Eradication, or Both, of Infectious Diseases of Swine

COMAR 15.11.07.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

C. “Recognized slaughtering establishment” means a slaughtering establishment operating under supervision of municipal, State, or federal meat inspection or recognized by the Department.

D. “Stockyard” or “livestock market” means a place in the State where swine are assembled for sale, either by private sale or public auction. All livestock markets in Maryland not under federal-State cooperative approval must receive approval from the Department before being permitted to handle swine. Approval will be based on the standards presently set forth and as may be amended by the U.S. Department of Agriculture governing interstate movement of swine with reference to hog cholera and other communicable diseases.

History

  • Administrative History: Effective date: November, 1971
  • Administrative History: Regulation .02 amended effective July 6, 1992 (19:13 Md. R. 1203)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.07.02 Movement of Swine.

A. Slaughter. Swine may be sold direct to recognized slaughtering establishments without restriction, if they are identified as provided under 9 CFR §71.19 and §§78.30—78.34 (1991), which are incorporated by reference with the following modifications:

(1) Whenever “Administrator” appears, read “Secretary”;

(2) Whenever “interstate” appears, read “intrastate”; and

(3) Whenever “authorized employee of the United States Department of Agriculture” appears, read “authorized employee of the Maryland Department of Agriculture”.

B. For Other Than Slaughter.

(1) All swine for sale or movement by any method shall meet the following conditions:

(a) All are subject to veterinary inspection.

(b) All swine are restricted to one movement. One movement is defined as from farm to farm, from farm to auction market to farm, or from farm to dealer to farm. The entire movement shall be completed within 72 hours.

(c) Swine sold for return to farms may not show evidence of any infectious or contagious disease.

(d) All purchased swine shall be quarantined to the premises of destination for 30 days regardless of origin.

(e) Swine consigned to Maryland from other states are subject to State and federal interstate regulations.

(2) In addition to those above, swine for sale or movement through dealers, auction markets, and public stockyards shall meet the following conditions:

(a) All public stockyards and livestock markets where swine are sold for purposes other than immediate slaughter and all trucks transporting the swine shall be thoroughly cleaned and disinfected before each use for swine. Each market or truck operator shall be responsible for the proper cleaning of his market or vehicle to the satisfaction of the Department.

(b) All swine at public stockyards and auction markets shall be individually identified by eartag or other method approved by the Secretary.

(c) All swine for return to farms shall:

(i) Originate from either pseudorabies monitored or qualified pseudorabies negative herds unless they have been tested and found negative for pseudorabies within 30 days before sale;

(ii) Be kept completely segregated and isolated from swine consigned for sale as slaughter swine; and

(iii) At public sales and auctions, be sold before the sales ring and alleyways are used for slaughter swine.

(d) At public sales and auctions, cull swine (those which do not pass veterinary inspection for health reasons) shall be penned separate and apart from feeder or breeder swine. They may be released for slaughter. If, in the opinion of the inspecting veterinarian, they are unfit for slaughter, they may be released to a rendering plant or direct to a farm in Maryland to be held separate and apart from other swine under permanent quarantine until they are suitable for slaughter and then released by written permission.

(e) The name and address of the consignor of any swine showing evidence of infectious or contagious disease shall be reported without delay to the Department.

(f) All swine leaving auction markets and public stockyards shall be accompanied by a certificate of release.

(g) Auction markets, public stockyards, and dealers shall maintain records of origin and destination of all swine movements and shall grant federal and State inspectors access to those records.

History

  • Administrative History: Effective date: November, 1971
  • Administrative History: Regulation .02 amended effective July 6, 1992 (19:13 Md. R. 1203)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.08 Eradication of Hog Cholera [Repealed]

History

  • Administrative History: Effective date: November, 1971
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed effective August 20, 2012 (39:16 Md. R. 1081)

15.11.09 Eradication of Tuberculosis in Swine

COMAR 15.11.09.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Reactor” means the same as the definition of a reactor in “Uniform Methods and Rules.” There is no suspect category in swine tuberculin testing.

C. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

D. “Tuberculin test” means the intradermal test as described in the Uniform Methods and Rules for Tuberculosis Eradication.

E. “Uniform Methods and Rules” means the latest edition of Uniform Methods and Rules for Tuberculosis Eradication as published by the U.S. Department of Agriculture.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.09.02 Reporting Tuberculosis.

All persons having knowledge of the existence of or suspicion of the existence of tuberculosis in swine or poultry shall report it to the Department.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.09.03 Quarantine.

Any premises upon which swine tuberculosis reactors are disclosed, or any premises to which slaughter swine with confirmed lesions of tuberculosis have been traced, or any premises where the Secretary has reason to suspect tuberculosis infection may exist or exposure to tuberculosis has taken place, shall be subject to immediate quarantine. Once quarantine is imposed, movement of swine on or off the premises shall be prohibited, except for slaughter purposes under written permit issued by the Secretary. This quarantine shall include any other species of animal or fowl that the Secretary determines is infected with or has been exposed to tuberculosis. The quarantine shall be released after it has been determined, by testing or other means, that tuberculosis no longer exists on the premises and any cleaning and disinfecting required by the Secretary has been completed.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.09.04 Herd Test.

Tuberculin tests of any or all swine in a herd will be carried out whenever the Secretary has reason to suspect that tuberculosis exists in the herd or that it has been exposed to this infection. Further testing, or other appropriate procedures, shall be conducted on the farm in order to find and remove sources of infection in any species of animal or poultry on the premises. All tests for tuberculosis shall be reported promptly.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.09.05 Epidemiology.

When an infected herd has been found, a complete epidemiological investigation shall be made. This should cover all species of animals and fowl on the premises.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.09.06 Reactors.

Tuberculin test reactors shall be identified with a reactor tag and sent to slaughter under permit or disposed of in other manner approved by the Secretary within 30 days of the test date.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.09.07 Indemnity.

Indemnity by the State shall be paid in accord with Agriculture Article, § 3-107, Annotated Code of Maryland, and the following requirements:

A. Indemnities will be paid to owners of tuberculosis reactors and to owners of herds depopulated because of the existence of tuberculosis.

B. Swine of feeder, slaughter, or both types shall be appraised using the prevailing market quotation price per pound as a guide. This will vary with age, size, and quality of the animal.

C. Breeding swine shall be appraised using the price of similar animals in recent sales as a guide.

D. Maximum indemnity from State sources may not exceed $175 per animal. Maximum indemnity payments shall be reserved for breeding swine.

E. If indemnity from other sources is paid to owners of swine destroyed because of the existence of tuberculosis, indemnity from State sources will be paid only to the extent that total indemnity payments plus net salvage received does not exceed 90 percent of the appraised value of the animal.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.09.08 Cleaning and Disinfecting.

Infected premises and all vehicles and equipment used in connection with the infected premises shall be thoroughly cleaned and disinfected in a manner approved by the Secretary.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.09.09 Department Cooperation with U.S.D.A.

When the U. S.D.A. has approved and put into effect a program for the control and eradication of tuberculosis in swine, the Department intends to cooperate with U.S.D.A. in carrying out the program.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.09.10 Other Procedures and Policies.

In all procedures and policies relating to the eradication of tuberculosis in swine not covered above, the latest published edition of “Uniform Methods and Rules for Tuberculosis Eradication” shall apply.

History

  • Administrative History: Effective date: October 16, 1972
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.10 Eradication of Sheep Scabies in Maryland [Repealed]

History

  • Administrative History: Effective date: December 1, 1962
  • Administrative History: ——————
  • Administrative History: Regulations .01—.11 repealed effective August 20, 2012 (39:16 Md. R. 1082)

15.11.11 Salmonellosis of Poultry

COMAR 15.11.11.01 Purpose.

These regulations explain a program jointly administered by the Maryland Department of Agriculture and the Maryland Department of Health to protect both human health and poultry from contagious and infectious diseases. Other portions of this program are explained in COMAR 15.04.01, 10.15.03, and 10.15.04.

History

  • Administrative History: Effective date: January, 1952
  • Administrative History: Chapter revised effective November 18, 1977 (4:24 Md. R. 1807)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989
  • Administrative History: (16:22 Md. R. 2365)
  • Authority: Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.11.11.02 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) “Commercial flock” means a flock whose eggs are distributed, offered for sale, or sold for human consumption.

(2) “Department” means Maryland Department of Agriculture.

(3) “Exhibition” means displaying or showing poultry for competition or advancement of the species, including, among other examples, county and State fairs, farm shows, and breeding shows.

(4) “Flock” means all of the poultry on one premises, except any group of poultry that has been segregated for 21 days may be considered a separate flock by the Department.

(5) “Hatchery” means incubators, hatchers, and auxiliary equipment on one premises operated for the hatching or incubation of hatching eggs.

(6) “Junior exhibitor” means an exhibitor under 19 years old.

(7) “Multiplier breeding flock” means a flock intended for the production of hatching eggs used for the purpose of producing progeny for commercial egg or meat production or for other nonbreeding purposes.

(8) “NPIP” means the National Poultry Improvement Plan of the United States Department of Agriculture (USDA), 9 CFR Parts 145—147.

(9) “Official establishment” means any establishment engaged in slaughtering or processing solely for intrastate commerce poultry and poultry products capable of use as human food and inspected under the Maryland Poultry Products Inspection Act, Agriculture Article, §4-201 et seq., Annotated Code of Maryland.

(10) “Official state agency” means the authority in each state recognized by USDA to cooperate in the administration of the National Poultry Improvement Plan.

(11) “Official state diagnostic laboratory” means a laboratory:

(a) Operated by the Maryland Department of Agriculture or by the Maryland Department of Health; or

(b) Recognized and approved for poultry diagnostic activities by the chief livestock health official of any other state.

(12) “Person” means an individual, corporation, partnership, association, or any other legal entity.

(13) “Poultry” means live fowl, including, but not limited to, chickens, turkeys, waterfowl, and game birds (for example, pea fowl, pheasants, chukars, partridges, quail, grouse, and guinea fowl, but not doves or pigeons).

(14) “Primary breeding flock” means a flock of one or more generations that is maintained for establishing, continuing, or improving parent lines.

(15) “Pullorum” means a Salmonella pullorum disease of poultry.

(16) “Pullorum-typhoid test” means a test recognized by the National Poultry Improvement Plan to test poultry for pullorum disease and fowl typhoid.

(17) “Secretary” means Secretary of Agriculture or the Secretary's designee.

(18) “Typhoid” means fowl typhoid, a Salmonella gallinarum disease of poultry.

(19) “U.S. Pullorum Clean” means a flock of poultry that has been found to be free by USDA of pullorum or typhoid under NPIP.

(20) “Waterfowl” means domesticated fowl which normally swim, such as ducks and geese.

History

  • Administrative History: Effective date: January, 1952
  • Administrative History: Chapter revised effective November 18, 1977 (4:24 Md. R. 1807)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989
  • Administrative History: (16:22 Md. R. 2365)
  • Authority: Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.11.11.03 Imported Poultry.

A. Diseased Poultry.

(1) Except as provided under §A(2) of this regulation, a person may not import poultry into Maryland if that person knows or has reason to know that poultry are infected with pullorum, typhoid, or Salmonella serotype enteritidis.

(2) If poultry are known to be infected with pullorum, typhoid, or Salmonella serotype enteritidis, a person may ship them into Maryland only if they are:

(a) Being shipped to an official establishment for immediate slaughter; and

(b) Labeled to show that they are infected.

B. Health Restrictions on Imported Poultry.

(1) This section does not apply to poultry moved for immediate slaughter to an official establishment.

(2) A person may not import chickens into Maryland for producing eggs for human consumption unless the official state agency of the exporting state certifies that they meet the standards of Regulation .05A.

(3) Unless poultry originate from U.S. Pullorum-Typhoid Clean or equivalent flocks, a poultry importer shall have the poultry tested for pullorum and typhoid within 90 days before the poultry's arrival in Maryland.

C. Health Restrictions on Importing Hatching Eggs. A person may not import hatching eggs into Maryland:

(1) Unless the eggs originate from U.S. Pullorum-Typhoid Clean or equivalent flocks;

(2) For raising chickens to be used to produce eggs for human consumption, unless the official state agency of the exporting state certifies that the flock from which the eggs immediately originate meets the requirements of Regulation .05B or C.

History

  • Administrative History: Effective date: January, 1952
  • Administrative History: Chapter revised effective November 18, 1977 (4:24 Md. R. 1807)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989
  • Administrative History: (16:22 Md. R. 2365)
  • Authority: Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.11.11.04 Permits.

A. Activities Requiring Permit. A person shall have a numbered annual permit from the Secretary before doing the following:

(1) Distributing, offering for sale, or selling:

(a) Hatching eggs, or

(b) Poultry, unless the poultry are being moved for immediate slaughter to an official establishment; and

(2) Operating a hatchery.

B. Requirements. A person who holds a permit under this regulation shall:

(1) Only distribute, offer for sale, or sell:

(a) Hatching eggs and poultry that are derived immediately from flocks and hatcheries participating in the NPIP or equivalent program,

(b) Poultry used for producing eggs for human consumption, that meet the standards of Regulation .05A, and

(c) Hatching eggs, if the eggs are for raising chickens to produce eggs for human consumption, that are derived from parent flocks that meet the standards of Regulation .05A;

(2) Use the required permit number on each invoice, NPIP Form 15, or similar certificate;

(3) Comply with the following record-keeping requirements:

(a) Except for birds being shipped for immediate slaughter, record the number, breed, variety of poultry or hatching eggs purchased and sold, date of transaction, and name and address of source (for example, seller) and destination (for example, buyer), and

(b) Retain these records for 12 months from the date of the transaction;

(4) Allow the Department's representative to inspect:

(a) Those records required to be maintained under §B(3)(a), and

(b) All hatcheries, equipment, and facilities used for poultry;

(5) Maintain all hatcheries, equipment, and facilities used for poultry or hatching eggs, including auction and sales barns, in a sanitary condition in conformity with NPIP regulations; and

(6) Post the required permit in a conspicuous place on the permitted premises.

C. Application, Duration, and Renewal.

(1) Before the Department may issue a permit to a person, the person shall:

(a) Apply for a permit on a form supplied by the Department; and

(b) Permit the Department to inspect:

(i) Those records that indicate the number, breed, and variety of poultry or hatching eggs that the applicant has, the person from whom they were obtained, and the date of that transaction, and

(ii) All hatcheries, equipment, and facilities used for poultry or hatching eggs.

(2) The Department may not issue a permit to a person until it has determined that:

(a) The eggs and poultry that the person has meet the requirements of §B(1), for distributing, offering for sale, or selling these items; and

(b) All hatcheries, equipment, and facilities used for poultry or hatching eggs are in a sanitary condition in conformity with NPIP regulations.

(3) Unless revoked, a permit is effective until December 31 of the year that it was issued.

(4) To renew a permit, a person shall follow the same procedures outlined in §C(1).

History

  • Administrative History: Effective date: January, 1952
  • Administrative History: Chapter revised effective November 18, 1977 (4:24 Md. R. 1807)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989
  • Administrative History: (16:22 Md. R. 2365)
  • Authority: Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.11.11.05 Standards Designed to Control and Prevent Salmonellosis.

A. Commercial Flock.

(1) A person having a commercial flock in Maryland shall have the flock tested in accordance with either §A(2) or (3) unless the flock is:

(a) Participating in and meets the requirements of the:

(i) NPIP's “U.S. Sanitation Monitored” program for egg-type chicken breeding flocks, 9 CFR 145—147, or

(ii) “Salmonella Enteritidis Monitored Flock Program of Pennsylvania” or an equivalent plan of another state, provided that plan has been approved by the Secretary;

(b) Derived immediately from a multiplier breeding flock that has been tested and found negative for Salmonella serotype enteritidis under the procedures outlined in §B; or

(c) Derived immediately from a primary breeding flock that has been tested and found negative for Salmonella serotype enteritidis under §C.

(2) Environmental Sampling/Serological Test. A person shall allow the Department to:

(a) Collect environmental samples from all egg belts, elevators, or both, within caged systems or throughout open floor systems;

(b) Culture or biochemically test these samples for the presence of Salmonella serotype enteritidis species;

(c) Test, if any flock tests positive to environmental testing, a random sample of 500 birds per house for the presence of Salmonella enteritidis antibodies; and

(d) Permanently identify and submit a statistically significant sample of seropositive birds to an official state diagnostic laboratory for pathological examination and culture for Salmonella serotype enteritidis.

(3) Blood Testing. A person shall permit the Department to:

(a) Test a random sample of 300 birds per house for the presence of Salmonella serotype enteritidis antibodies; and

(b) Handle birds testing positive in the manner provided under §A(2)(d).

B. Multiplier Breeding Flock.

(1) Except as provided in §B(2), a person having a multiplier breeding flock shall have the flock tested by the Department as follows:

(a) At least 300 birds per age group shall be randomly selected and blood tested for the presence of Salmonella serotype enteritidis;

(b) The flock shall undergo environmental sampling of nests and litter each month;

(c) At least 30 dead in shell embryos shall be tested each 3 months; and

(d) Any serological evidence of infection shall be followed with bacteriological examination of a statistically significant sample of reactor birds from each age group and, only if the bacteriology is negative, shall the flock be considered negative.

(2) A person owning a multiplier breeding flock is not required to have the flock tested as described in §B(1) if the flock is participating in and meets the requirements of:

(a) The NPIP's “U.S. Sanitation Monitored” program for egg-type chicken breeding flocks; or

(b) The “Salmonella Enteritidis Monitored Flock Program of Pennsylvania” or an equivalent program of another state, provided that plan has been approved by the Secretary.

C. Primary Breeding Flock.

(1) Except as provided in §C(2), a person having a primary breeding flock shall follow the same procedures outlined in §B.

(2) Instead of randomly selecting and testing 300 birds per age group as provided under §B(1) for a primary breeding flock a person shall allow the official State agency to randomly select and test the larger of the following two groups:

(a) 300 birds per age group; or

(b) 1 percent per age group.

D. Effect of Isolating Salmonella Serotype Enteritidis. If Salmonella serotype enteritidis is isolated from a flock in Maryland, a person may distribute, offer for sale, or sell only:

(1) Eggs from that flock that:

(a) Have been pasteurized or otherwise heat treated to kill Salmonella serotype enteritidis, or

(b) Are to be pasteurized, provided the eggs are moved to a plant that the USDA has approved for processing egg products; and

(2) Birds or progeny from that flock for slaughter, provided the birds are moved for slaughter to an official establishment to be inspected and either condemned or passed for cooking only.

Cross References

15.04.01.01B(1)(b)

15.04.01.04B(3)(c)

15.04.01.09A(2)(b)

15.04.01.09A(2)(c)

15.04.01.09A(5)(a)(iii)

15.04.01.10F(2)(a)

History

  • Administrative History: Effective date: January, 1952
  • Administrative History: Chapter revised effective November 18, 1977 (4:24 Md. R. 1807)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989
  • Administrative History: (16:22 Md. R. 2365)
  • Authority: Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.11.11.06 Exhibitions.

A. A sponsor of an exhibition shall notify the Secretary of the following within 30 days before the exhibition date: the name, place, and inclusive dates and hours of the exhibition.

B. The requirements for an exhibition are as follows: Poultry, except waterfowl, at exhibitions shall originate from U.S. Pullorum-Typhoid Clean or equivalent flocks, or shall have had a negative pullorum-typhoid test within 90 days of its movement to an exhibition. This information shall be documented on an NPIP Form 15, NPIP Form 3B or similar certificate which shall accompany poultry on exhibition. In place of NPIP Form 15 or 3B, a junior exhibitor may substitute a health certificate signed by a Maryland Agricultural Extension Agent or the Department, indicating that exhibited poultry has originated from a U.S. Pullorum-Typhoid Clean or equivalent flock within the previous 12 months.

C. Record Keeping. A sponsor of an exhibition shall compile a list of all poultry at the exhibition. This list shall contain the name and address of each owner, the number, type, sex, and pullorum-typhoid status of all poultry. A copy of this list shall be kept by the sponsor of the exhibition for 12 months and shall be made available upon the request of the Department.

D. Inspection. All exhibitions are subject to inspection by the Department. The Department shall have access to all exhibitions and may conduct inspections and tests to enforce this regulation.

History

  • Administrative History: Effective date: January, 1952
  • Administrative History: Chapter revised effective November 18, 1977 (4:24 Md. R. 1807)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989
  • Administrative History: (16:22 Md. R. 2365)
  • Authority: Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.11.11.07 Infection of Poultry by Salmonella Pullorum, Salmonella Typhoid, or Salmonella Serotype Enteritidis.

A. Reporting. A person performing poultry disease diagnostic services shall report within 48 hours of diagnosis to the Secretary the diagnosis of infection of poultry by Salmonella pullorum, Salmonella gallinarum, or Salmonella serotype enteritidis.

B. Investigation. The Secretary shall conduct an immediate investigation upon receipt of a report of pullorum, typhoid, or Salmonella serotype enteritidis infection.

C. Flock Infected with Salmonella. The Secretary shall quarantine any flock found to be infected with Salmonella pullorum, Salmonella gallinarum, or in the case of a commercial flock, only when infected with Salmonella serotype enteritidis. To prevent the further spread of these diseases, the Secretary may not release the quarantine until the:

(1) Flock is disposed of or retested and certified by the Secretary; and

(2) Premises have been cleaned and disinfected.

D. Hatching Eggs Infected with Salmonella.

(1) The Secretary shall quarantine a hatchery found to have eggs from a flock infected with Salmonella pullorum, Salmonella gallinarum, or Salmonella serotype enteritidis. To prevent the further spread of these diseases, the Secretary may not release the quarantine until the:

(a) Hatching eggs have been disposed of; and

(b) Hatchery has been cleaned and disinfected.

(2) If biosecurity can be maintained, the Secretary may permit hatching eggs infected with Salmonella serotype enteritidis to be held for chicks and the live birds treated as an exposed flock. The Secretary, however, may not release the quarantine unless and until the birds have been tested and found negative for Salmonella serotype enteritidis under the procedures outlined in Regulation .05.

History

  • Administrative History: Effective date: January, 1952
  • Administrative History: Chapter revised effective November 18, 1977 (4:24 Md. R. 1807)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989
  • Administrative History: (16:22 Md. R. 2365)
  • Authority: Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.11.11.08 Noncompliance.

A person who violates these regulations or who falsely answers questions contained in any permit application, or who willingly interferes with the Department in carrying out a duty as provided in these regulations, shall forfeit his permit. A person who violates these regulations is guilty of a misdemeanor as provided by Maryland law.

History

  • Administrative History: Effective date: January, 1952
  • Administrative History: Chapter revised effective November 18, 1977 (4:24 Md. R. 1807)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989
  • Administrative History: (16:22 Md. R. 2365)
  • Authority: Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland
COMAR 15.11.11.09 Designation of Agent.

For the purpose of enforcing the regulations of this chapter, the Secretary may designate an agent of the Maryland Department of Health as the Secretary's representative.

History

  • Administrative History: Effective date: January, 1952
  • Administrative History: Chapter revised effective November 18, 1977 (4:24 Md. R. 1807)
  • Administrative History: Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989
  • Administrative History: (16:22 Md. R. 2365)
  • Authority: Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland

15.11.12 Equine Infectious Anemia

COMAR 15.11.12.01 Definitions.

A. “Accredited veterinarian” means a licensed veterinarian approved by the U.S. Department of Agriculture and the Maryland Department of Agriculture.

B. “Approved pesticide” means any pesticide which is recognized and approved by the Department or the U.S. Department of Agriculture as an effective agent in the control or eradication of possible insect or arachnid vectors of equine infectious anemia.

C. “Department” means Maryland Department of Agriculture.

D. “Equine infectious anemia (swamp fever)” means a disease of equines caused by a virus which is infectious in nature and spreads from horse to horse by blood sucking insects, unsterile surgical instruments (especially hypodermic needles) and the community use of equipment that produces cuts and abrasions. The virus can infect both sexes, all age groups and all breeds and species of equines. Infected animals remain carriers of the disease for their entire lifetime, constituting a potential source of spread. The disease may be acute or chronic or inapparent. There is no known cure or treatment.

E. “Horse” means any member of the equine family, including horses, mules, asses, zebra, or other equidae.

F. Official Test.

(1) “Official test” means an official test for equine infectious anemia accomplished by a laboratory approved by the U.S. Department of Agriculture on blood samples collected by accredited veterinarians.

(2) “Official test” includes:

(a) The agar get immunodiffusion (AGID) blood test using only antigen licensed by the U.S. Department of Agriculture;

(b) The competitive enzyme-linked immunosorbent assay (cELISA); or

(c) The synthetic antigen enzyme-linked immunosorbent assay (saELISA).

G. “Reactor” means a horse over 9 months old whose blood reacts positively to an approved serological test for equine infectious anemia performed by an approved laboratory.

H. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

I. “Suspect horse” means a horse showing clinical evidence of equine infectious anemia without confirmation by tests.

History

  • Administrative History: Effective date: December 11, 1974 (1:5 Md. R. 243)
  • Administrative History: Regulation .01F amended effective November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .02D amended effective October 29, 1975 (2:24 Md. R. 1483); November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .03 amended effective April 30, 1975 (2:9 Md. R. 678); October 29, 1975 (2:24 Md. R. 1483); April 28, 1976 (3:9 Md. R. 487); January 19, 1977 (4:2 Md. R. 89); November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .03H amended effective March 9, 1979 (6:5 Md. R. 446)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.12.02 Dangerous Transmissible Disease.

A. Equine infectious anemia is proclaimed to be a disease of transmissible nature and henceforth shall be known as a dangerous transmissible disease.

B. Report of Tests. All tests for equine infectious anemia shall be reported to the Department. Tests conducted in an approved laboratory within the State shall be reported on official forms furnished for this purpose. Veterinarians submitting blood samples for tests in laboratories outside Maryland shall furnish a copy of the test record to the Secretary immediately upon receipt of the test results from the testing laboratory.

C. Report of Disease. A person having knowledge of the existence of equine infectious anemia or knowledge of an animal afflicted with or suffering from equine infectious anemia anywhere within the State shall immediately make a written report to the Secretary, giving the name and address of the owner or person in charge of the animal and the place where the animal is kept.

D. Identification of Reactors. Horses which disclose a positive reaction to an official test shall be presented by the owner to the Department and permanently identified by a representative of the Department, using a visible body brand, by applying the letter “A” preceded by the number "51" and followed by a number assigned by the Secretary to indicate individual identification. An animal under 9 months old which reacts positively to an official test shall be quarantined and retested when 9 months old, and if positive at that time shall be subject to permanent identification and continued quarantine.

E. Quarantine. A horse found to be infected with equine infectious anemia shall be quarantined on its home farm or such other premises as may be approved by the Secretary until death. However, the Secretary may authorize the movement of infected animals to approved facilities for research purposes or for slaughter to approved facilities. The infected animal shall be segregated from all other horses in approved isolation facilities or, at the alternative of the owner, destroyed without indemnity. Isolated quarantine facilities and animals located in them shall be treated with an approved pesticide at such intervals as directed by an authorized representative of the Department.

F. Movements into Quarantined Facilities. Horses shall be moved into quarantined isolation facilities under special permit under such conditions as may be approved by the Secretary. These animals assume the same status as animals under quarantine.

G. Movement from Quarantined Facility. Foals born in quarantined facilities and found negative before reaching nine months of age, and other animals negative on tests before entry into the quarantined facility and found still negative on test before removal may be moved to new non-infected premises but will remain under quarantine in the new location until a second negative test is made, not sooner than 30 days after removal from the original infected, quarantined facility.

H. Unaffected Horses on Quarantined Premises. Horses not infected which are located on premises where infected animals are properly quarantined in isolation are not considered to be under quarantine and may be moved from the premises intrastate.

Cross References

15.11.12.03E

History

  • Administrative History: Effective date: December 11, 1974 (1:5 Md. R. 243)
  • Administrative History: Regulation .01F amended effective November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .02D amended effective October 29, 1975 (2:24 Md. R. 1483); November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .03 amended effective April 30, 1975 (2:9 Md. R. 678); October 29, 1975 (2:24 Md. R. 1483); April 28, 1976 (3:9 Md. R. 487); January 19, 1977 (4:2 Md. R. 89); November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .03H amended effective March 9, 1979 (6:5 Md. R. 446)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.12.03 Test Requirements.

A. For Shipment into Maryland. All equines over 9 months old entering the State shall have been found negative to an official test for equine infectious anemia made within 12 months before entry, and shall be accompanied by a copy of the official negative test result or be consigned directly to a market or auction licensed by the Department.

B. For Exhibition. All equines over 9 months old assembled for supervised exhibition in the State shall have been found negative to an official test for equine infectious anemia made within 12 months before the date of the event. The supervisor of the event shall ascertain that a copy of the official negative test results accompanies each equine to the event and shall make a list of the entries and their test status available for inspection by a representative of the Secretary upon request.

C. Change of Ownership.

(1) A person may not change ownership of an equine over 9 months old unless it has been found negative to an official test for equine infectious anemia made within 12 months before the date of the change of ownership. A copy of the negative test shall accompany the equine at the time of ownership transfer and becomes the property of the new owner.

(2) Equines consigned for slaughter to an establishment approved by the Secretary shall be exempt from testing requirements.

D. For Markets or Auctions. Horses may be assembled at a market or auction without a negative test for equine infectious anemia, only if:

(1) Upon entering the market or auction, the operator shall be responsible for:

(a) Applying an identification approved by the Department on each equine; and

(b) Obtaining the complete name and address of each owner who either delivers, or has another individual deliver, a horse to the market or auction for sale.

(2) All horses, while assembled at the market or auction, have blood samples drawn for equine infectious anemia testing.

(3) The operator of the market or auction employs a licensed accredited veterinarian to draw blood samples from all horses delivered for sale, and records all visible markings, including sex, age, color, and other permanent identifiers of each horse bled; and

(4) The operator announces, prior to the market or auction, that all horses will be tested for equine infectious anemia.

E. Each buyer of a horse or horses at the market or auction shall be required to sign a release form indicating agreement to maintain such horse or horses at a specified location until notified of the results of the test. Horses with negative at a specified location until notified of the results of the test. Horses with negative test results may move in normal trade channels. Owners of horses that react to the test shall comply with Regulation .02 of this chapter, pertaining to quarantine. Maryland licensed equine slaughter buyers may move horses tested with pending results directly to an approved equine slaughter facility immediately after the sale.

F. The State Veterinarian may grant exceptions to the requirements under §§D and E of this regulation as the circumstances warrant, if they are not in variance with other rules and regulations governing the State.

G. Exemptions. Slaughter equines purchased in Maryland or in another state by Maryland licensed livestock dealers and assembled in Maryland before shipment to an approved market or slaughter establishment are exempt from testing requirements. This exemption shall apply only to properly identified equines that are kept separate and apart from other equines on a premises previously approved by the Secretary and are not held over 15 days before shipment. The type identification used shall be approved or specified by the Secretary.

H. Retest of Reactors. A horse reported as a reactor on an initial test may be retested one time by a State or federal veterinarian before affixing a permanent identification on the animal.

I. Quarantine of Exposed Animals. If the reactor shows clinical evidence of equine infectious anemia or an epidemiological investigation so indicates, all horses on the premises where the clinical reactor is found will be quarantined and movement allowed only after a negative test. During the period when biting insects are present, a second negative test will be required in not less than 60 days from the date of the removal of the reactor from the quarantined premises.

J. Cost of Tests. As to tests made in Department laboratories, a charge of $5 will be paid to the Department for each official test sample received. Samples will be run only when submitted by an accredited veterinarian. The accredited veterinarian shall be responsible for the laboratory fee.

History

  • Administrative History: Effective date: December 11, 1974 (1:5 Md. R. 243)
  • Administrative History: Regulation .01F amended effective November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .02D amended effective October 29, 1975 (2:24 Md. R. 1483); November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .03 amended effective April 30, 1975 (2:9 Md. R. 678); October 29, 1975 (2:24 Md. R. 1483); April 28, 1976 (3:9 Md. R. 487); January 19, 1977 (4:2 Md. R. 89); November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .03H amended effective March 9, 1979 (6:5 Md. R. 446)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.12.04 Violation of Regulations.

Any person, firm, or corporation which violates these regulations is subject to the penalties provided for in the Agriculture Article, §§12-101, 12-102, and 12-103, Annotated Code of Maryland.

History

  • Administrative History: Effective date: December 11, 1974 (1:5 Md. R. 243)
  • Administrative History: Regulation .01F amended effective November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .02D amended effective October 29, 1975 (2:24 Md. R. 1483); November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .03 amended effective April 30, 1975 (2:9 Md. R. 678); October 29, 1975 (2:24 Md. R. 1483); April 28, 1976 (3:9 Md. R. 487); January 19, 1977 (4:2 Md. R. 89); November 11, 2002 (29:22 Md. R. 1722)
  • Administrative History: Regulation .03H amended effective March 9, 1979 (6:5 Md. R. 446)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland

15.11.13 License Required to Feed Garbage to Swine When Garbage is Heat-Treated at its Source

COMAR 15.11.13.01 Authority.

The authority for these regulations is contained in the Agriculture Article, §3-404 and 3-101, Annotated Code of Maryland.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Authority: Agriculture Article, §§3-404 and 3-101, Annotated Code of Maryland
COMAR 15.11.13.02 License.

A. The license required under Agriculture Article, §404(a)(2) is on a July to June 30 basis and shall be renewed on or before each July 1.

B. A license may not be issued for garbage feeding where prohibited by other law or regulation.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Authority: Agriculture Article, §§3-404 and 3-101, Annotated Code of Maryland
COMAR 15.11.13.03 Application for License.

An application on forms prepared by the Maryland Department of Agriculture together with the license fee and preliminary plans of any new cooking equipment shall be submitted to the Maryland Department of Agriculture, Animal Health Section.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Authority: Agriculture Article, §§3-404 and 3-101, Annotated Code of Maryland
COMAR 15.11.13.04 Heat-Treating Equipment and its Use.

A. Heating equipment shall be of a design and capacity that will enable it to bring food waste material to 212 degrees F throughout within a reasonable length of time. Occasional stirring of the garbage is required during the heating period to insure a uniform temperature. Garbage shall be held at a temperature of 212 degrees F for at least 30 minutes.

B. The cooking container shall be equipped with a recording thermometer with one pen and one probe for each 8 feet, or portion thereof, of its length.

C. Proposed plans for all new cooking equipment shall be approved by the Department before construction or installation is started.

D. Cooking equipment shall be cleaned after each use.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Authority: Agriculture Article, §§3-404 and 3-101, Annotated Code of Maryland
COMAR 15.11.13.05 Records and Inspection.

A. Using the recording thermometer, the licensee shall make a record of the temperatures of each load of garbage cooked.

B. The licensee shall retain these records for at least 6 months for inspection by the Maryland Department of Agriculture.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Authority: Agriculture Article, §§3-404 and 3-101, Annotated Code of Maryland

15.11.14 Requirements for Livestock or Animal Exhibitions

COMAR 15.11.14.01 Purpose.

A. This chapter describes the animal health requirements for any livestock or animal exhibition for the purpose of preventing the spread of a contagious or infectious disease.

B. This chapter also includes requirements concerning the proper care and treatment of animals at exhibitions.

History

  • Administrative History: Effective date: July 9, 1975 (2:5 Md. R. 1078)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective July 17, 2008 (35:14 Md. R. 1246)
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.14.02 Scope.

This chapter does not apply to livestock exhibition activities regulated by the Maryland Racing Commission.

History

  • Administrative History: Effective date: July 9, 1975 (2:5 Md. R. 1078)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective July 17, 2008 (35:14 Md. R. 1246)
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.14.03 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) “Accredited herd” means a livestock herd meeting the U.S. Department of Agriculture testing requirements for tuberculosis under 9 CFR §77.1.

(2) “Accredited veterinarian” means a veterinarian approved to participate in a federal—state animal health program by the U.S. Department of Agriculture and by the Department.

(3) “Department” means Maryland Department of Agriculture.

(4) “Exhibition” means any livestock show, except a show conducted for the sole purpose of selling the livestock exhibited.

(5) Exhibitor.

(a) “Exhibitor” means a person 18 years old or older who owns or presents livestock for exhibition.

(b) “Exhibitor” includes a parent or guardian of a minor child exhibiting livestock.

(6) “Interstate certificate of veterinary inspection” means a form provided by the U.S. Department of Agriculture that:

(a) Is issued by an accredited veterinarian in the state where the livestock originated;

(b) Is valid for 30 days from the date of issue; and

(c) Documents a veterinary inspection which certifies that livestock is fit for transport and for exhibition.

(7) “Intrastate certificate of veterinary inspection” means a form provided by the Department that:

(a) Is issued by an accredited veterinarian in Maryland;

(b) Is valid for the exhibition season in the calendar year it is issued unless otherwise directed by the Department; and

(c) Documents a veterinary inspection which certifies that livestock originating in Maryland is fit for exhibition in this State.

(8) “Livestock” includes the following animal species:

(a) Bovine (cattle);

(b) Camelid (llama, alpaca, vicuna and guanaco);

(c) Caprine (goat);

(d) Cervid (deer);

(e) Equine (horse, donkey, and mule);

(f) Ovine (sheep);

(g) Porcine (pig); and

(h) Lagomorpha (rabbit and hare).

(9) “Person” includes the State, any county, municipal corporation, an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(10) “Petting zoo” means an exhibition where the public is encouraged to touch any livestock or other animal.

(11) “Sponsor” means the person responsible for organizing the livestock exhibition.

(12) “Veterinarian” means an individual who is licensed, registered or otherwise permitted to lawfully practice veterinary medicine in Maryland, any of the several states, U.S. territories, the District of Columbia, or any appropriate political entity as determined by the Department.

History

  • Administrative History: Effective date: July 9, 1975 (2:5 Md. R. 1078)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective July 17, 2008 (35:14 Md. R. 1246)
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.14.04 General Exhibition Requirements.

A. General Prohibition.

(1) A person may not conduct a livestock exhibition or exhibit livestock without first complying with the requirements of this chapter for the prevention of contagious or infectious disease.

(2) A person may not enter or show livestock at any exhibition if the livestock has a contagious or infectious disease.

B. Ringworm. A person may exhibit livestock showing signs of ringworm only if the exhibitor possesses a certificate from a veterinarian stating that the affected livestock:

(1) Has been under appropriate ringworm treatment by that veterinarian for at least 21 days before entering the exhibition site; and

(2) Is no longer contagious to other animals.

C. Rabies Vaccination. A person may not show livestock at any petting zoo unless all exhibited animals in the petting zoo, 105 days or older, are vaccinated against rabies as provided in COMAR 10.06.02, unless there is no rabies vaccine licensed and approved by the U.S. Department of Agriculture for that animal species.

History

  • Administrative History: Effective date: July 9, 1975 (2:5 Md. R. 1078)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective July 17, 2008 (35:14 Md. R. 1246)
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.14.05 Sponsor Requirements.

A. Each livestock exhibition sponsor shall:

(1) Provide the Department at least 60 days advanced written notice of the date, time, and location of any livestock exhibition, unless:

(a) The exhibition is a Maryland fair and show board funded event; or

(b) The exhibition sponsor is exempt from this requirement as determined by the Department; and

(2) Do one of the following:

(a) Report to the Department any animal from the exhibition suspected of having or showing obvious, apparent, or known signs of a contagious or infectious disease; or

(b) Exclude from the exhibition premises any animal having obvious, apparent, or known signs of a contagious or infectious disease.

B. Exemptions under §A(1)(b) of this regulation may be granted if:

(1) The exhibition is sponsored, sanctioned, or otherwise approved by an association, coalition, or other entity which serves as an umbrella organization for multiple livestock exhibitions in a calendar year; and

(2) That organization provides adequate and timely notice of subordinate exhibitions to the Department.

History

  • Administrative History: Effective date: July 9, 1975 (2:5 Md. R. 1078)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective July 17, 2008 (35:14 Md. R. 1246)
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.14.06 Exhibitor Requirements.

A. General Requirements. Each livestock exhibitor shall:

(1) Have all livestock examined by an accredited veterinarian before the exhibition as prescribed by the Department;

(2) Except as provided in §B of this regulation, keep a copy of a valid interstate or intrastate certificate of veterinary inspection with each animal at all times during the exhibition;

(3) Do all of the following:

(a) Personally examine all livestock for any signs of contagious or infectious disease prior to entry to the exhibition site but not more than 24 hours before entry to the exhibition site;

(b) Document the examination with a properly completed Departmental livestock exhibition self-certification form for animal health;

(c) Present for exhibition only animals that:

(i) Have not been exposed to contagious or infectious diseases; and

(ii) Appear by the pre-exhibition examination conducted by the exhibitor to be free from infectious or contagious disease; and

(d) Maintain a copy of the completed self-certification form with the livestock during the exhibition;

(4) Individually identify each animal by ear tag, tattoo, registration number, national animal identification system device, or other means approved by the Department;

(5) Make all records required by this chapter available to the Department or sponsor upon request;

(6) Report animals suspected of having a contagious or infectious disease to the sponsor; and

(7) Allow the Department to examine or test any livestock for a contagious or infectious disease.

B. Required vaccinations and testing shall be documented by the accredited veterinarian on the certificate of veterinary inspection or other required health documents when appropriate.

C. Exhibitors of horses shall substitute a valid official report documenting freedom from equine infectious anemia.

D. Special Exhibitor Requirements for Certain Livestock. Each livestock exhibitor shall ensure that the health requirements in §§E—K of this regulation are met before any exhibition.

E. Bovine (Cattle).

(1) All cattle 6 months or older, including castrates, shall meet:

(a) The tuberculosis control requirements under both COMAR 15.11.01.04 and 9 CFR 77; and

(b) The Brucellosis control requirements under both COMAR 15.11.02 and 9 CFR 78.

(2) All cattle shall be vaccinated in a manner prescribed by the Department against bovine respiratory disease complex. The vaccine shall be administered in a manner adequate to confer protective immunity against these diseases for the duration of the exhibition.

F. Porcine (Pigs). All pigs, except castrates, 6 months old or older, shall meet the Brucellosis control requirements of COMAR 15.11.06 and 9 CFR 78.

G. Ovine (Sheep).

(1) All sheep shall meet the scrapie in sheep requirements under COMAR 15.11.18 and 9 CFR 79.

(2) The exhibitor shall have a certificate of veterinary inspection for all sheep, including lambs, clearly stating that the entire flock has been inspected and found free of evidence of all contagious or infectious diseases.

(3) Each certificate shall include the scrapie premise identification number and each individual scrapie identification number.

H. Caprine (Goat).

(1) All goats 6 months or older shall meet the tuberculosis and brucellosis control requirements of COMAR 15.11.01.06.

(2) All goats shall meet the scrapie in goat requirements under both COMAR 15.11.18 and 9 CFR 79. The exhibitor shall have a certificate of veterinary inspection for all goats, indicating that the entire flock has been inspected and found to be free of evidence of all contagious or infectious diseases. Each certificate shall include the scrapie premise identification number and the individual scrapie identification number as required by both COMAR 15.11.18.03 and 9 CFR §79.5.

I. Equine (Horse).

(1) The exhibitor shall ensure that each horse exhibited meets all requirements including testing for equine infectious anemia under COMAR 15.11.12. Horses originating in Maryland are exempt from requirements pertaining to a certificate of veterinary inspection.

(2) The exhibitor shall keep a copy of a valid official result for the test (Coggins) to determine the horse is free from equine infectious anemia with each animal at all times during the exhibition.

(3) The exhibitor shall comply with horse transport requirements under Agriculture Article, §3-902, Annotated Code of Maryland.

J. Camelids (Llama, Alpaca, Vicuna, and Guanaco). All Camelids, including castrates, 6 months or older, shall meet at least one of the following requirements to be eligible for exhibition:

(1) Originate directly from a herd in Maryland not under restriction or quarantine for tuberculosis and from which all animals have tested negative for tuberculosis within the past 12 months; or

(2) Have a negative individual Tuberculin test documented within 60 days of exhibition.

K. Lagomorpha (Rabbits, Hares). All rabbits presented for exhibition shall meet the conditions described under general requirements for exhibitors.

History

  • Administrative History: Effective date: July 9, 1975 (2:5 Md. R. 1078)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective July 17, 2008 (35:14 Md. R. 1246)
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.14.07 Prohibited Conduct.

A. A person may not knowingly expose livestock to an animal with a contagious or infectious disease, or expose a healthy animal to a contagious or infectious disease in violation of Agriculture Article, §3-110, Annotated Code of Maryland.

B. A person may not willfully make false statements, provide false information, alter or possess an altered animal health certificate or report, or alter, damage, use, or attempt to use any animal or premise identification device or document in violation of Agriculture Article, §3-118, Annotated Code of Maryland.

C. A person may not knowingly conceal the fact that a contagious or infectious disease exists on his premises in violation of Agriculture Article, §3-113 (b), Annotated Code of Maryland.

D. A person may not knowingly conceal signs of a contagious or infectious disease, to include giving anti-inflammatory drugs to mask fever and discharges, appling coloring or creams to lesions, or employ any other method that may be used to alter or disguise signs of contagious or infectious disease.

E. A person may not give away a live animal as a prize for, or inducement to enter, a contest, game, or other competition except as an agricultural project, conservation purpose, or for slaughter, without the approval of the Secretary of Agriculture in violation of Criminal Law Article, §10-610, Annotated Code of Maryland.

Cross References

15.11.14.08A(2)

History

  • Administrative History: Effective date: July 9, 1975 (2:5 Md. R. 1078)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective July 17, 2008 (35:14 Md. R. 1246)
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland
COMAR 15.11.14.08 Penalties.

A. Criminal Penalties.

(1) General. A person who violates the provisions of this chapter, except regarding animals given as a prize, is guilty of a misdemeanor and is subject to the penalties provided in Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland.

(2) Animal Given as a Prize. A person who violates the provisions of Regulation .07E of this chapter is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $500 as provided in the Criminal Law Article, §10-610, Annotated Code of Maryland.

B. Administrative Penalties.

(1) General. In lieu of or in addition to being subject to criminal sanctions, a person who violates the provisions of this chapter, except regarding animals given as a prize and unlawful horse transport, is subject to administrative penalties up to $10,000, as provided in COMAR 15.11.19.

(2) Unlawful Horse Transport. In lieu of or in addition to being subject to criminal sanctions, a person who violates the provisions of Regulation .06B(5)(c) of this chapter is subject to administrative penalties up to $1,000 per horse as provided in Agriculture Article, §3-903, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 9, 1975 (2:5 Md. R. 1078)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective July 17, 2008 (35:14 Md. R. 1246)
  • Authority: Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland

15.11.15 The Control and Eradication of Pseudorabies in Swine and Other Livestock Within Maryland

COMAR 15.11.15.01 Definitions.

A. “Department” means Maryland Department of Agriculture.

B. “Pseudorabies”, also known as “mad itch” or Aujeszky's Disease, is an infectious disease caused by a herpes virus to which several species of mammals and birds are susceptible, the clinical signs and symptoms of which are characterized by central nervous system disturbance.

C. “Secretary” means Secretary of Agriculture or the Secretary’s designee.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1500)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.15.02 Reporting Pseudorabies Outbreaks.

Any person having knowledge or suspicion of the existence of pseudorabies shall report this to the Department within 48 hours.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1500)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.15.03 Quarantine of Infected Herds.

A. Any herd which the Secretary has reason to believe is infected with or has been exposed to pseudorabies shall be quarantined and no livestock may be moved from or to a quarantined herd without written permission of the Secretary. The quarantine will be lifted when tests and examinations, as the Secretary may require, indicate that the herd is not infected.

B. If the Secretary permits swine to be moved from a quarantined herd to a quarantined feedlot, those swine shall be identified individually by a method approved by the Secretary.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1500)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.15.04 Pseudorabies Vaccines.

The use of pseudorabies vaccine in swine is subject to the following restrictions:

A. The vaccine shall be a USDA licensed vaccine or vaccine that is authorized for field trials by federal and State officials.

B. Prior approval for use or possession of the vaccine shall be obtained in writing from the Department. This approval will be granted only for use in swine herds determined to be infected or threatened with infection by pseudorabies.

C. At the time of vaccination, all swine shall be individually identified by a method approved by the Secretary.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1500)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland
COMAR 15.11.15.05 Disinfection of Infected Premises.

Infected premises and all vehicles and equipment used in connection with an infected premises shall be thoroughly cleaned and disinfected in a manner approved by the Department.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1500)
  • Authority: Agriculture Article, §3-101, Annotated Code of Maryland

15.11.16 Animals Whose Importation, Sale, or Possession are Prohibited or Restricted in Maryland

COMAR 15.11.16.01 List of Prohibited Animals.

The following animals have been determined to be harmful to livestock or poultry and, therefore, an individual is prohibited from transporting, importing, selling, transferring, or possessing them in this State:

A. Feral swine of the Genus/species Sus scrofa, also known as wild pigs, European wild boars, Russian wild boars; and

B. The offspring of the feral swine of the Genus/species Sus scrofa.

History

  • Administrative History: Effective date: July 6, 1992 (19:13 Md. R. 1203)
  • Authority: Agriculture Article, §3-115, Annotated Code of Maryland

15.11.17 Humane Treatment of Livestock, Including 3-D Livestock, at Auction Markets

COMAR 15.11.17.01 General.

This chapter governs the humane treatment of livestock, including 3-D livestock, by market operators and haulers at auction markets.

History

  • Administrative History: Effective date: August 15, 1994 (21:16 Md. R. 1390)
  • Authority: Agriculture Article, §§3-101, 3-307, and 4-122, Annotated Code of Maryland
COMAR 15.11.17.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms defined.

(1) “Department” means Maryland Department of Agriculture.

(2) Downers.

(a) “Downers” means livestock that are down and unable to rise even with assistance.

(b) “Downers” includes livestock which, after being assisted to rise, cannot stand and walk without assistance.

(3) “Livestock” means cattle, swine, sheep, horses, asses, mules, or goats.

(4) “Livestock market” means an established location where livestock are offered for sale.

(5) “Humane treatment” means:

(a) Treating livestock in a manner that avoids unnecessary suffering or pain; and

(b) Providing livestock, when necessary, with adequate feed, water, veterinary care, and shelter.

(6) “Slaughter establishment” means an establishment regulated by the Food Safety Inspection Service, U.S. Department of Agriculture, or by a corresponding agency in those states which conduct meat inspection.

(7) "3-D livestock" means livestock that are:

(a) Downers;

(b) Debilitated; or

(c) Diseased.

History

  • Administrative History: Effective date: August 15, 1994 (21:16 Md. R. 1390)
  • Authority: Agriculture Article, §§3-101, 3-307, and 4-122, Annotated Code of Maryland
COMAR 15.11.17.03 Responsibility of Livestock Market Operators.

A. An operator of a livestock market:

(1) Shall provide humane treatment of livestock in its custody;

(2) May not accept downers for sale at its market;

(3) In the case of livestock that become downers after acceptance for sale at the market, shall:

(a) Provide the needed equipment for handling, moving, and, if necessary, euthanizing these animals,

(b) Identify and mark the livestock in a distinctive manner,

(c) Separate and separately pen the livestock from healthy animals, and

(d) Notify the Department that an animal has become a downer; and

(4) Shall properly dispose of all animals that die or are euthanized after acceptance into the market.

B. The operator of a livestock market is permitted to offer or sell 3-D livestock only to a slaughtering establishment for immediate slaughter.

C. At the close of a livestock sale, if any downers remain unsold, the market operator immediately shall:

(1) Euthanize the livestock as provided under 9 CFR 313; or

(2) Place them in the care of a licensed veterinarian.

History

  • Administrative History: Effective date: August 15, 1994 (21:16 Md. R. 1390)
  • Authority: Agriculture Article, §§3-101, 3-307, and 4-122, Annotated Code of Maryland
COMAR 15.11.17.04 Responsibility of Persons Transporting Livestock.

A person transporting downers from an auction market shall either:

A. If transporting downers with healthy animals, segregate them from the healthy animals, using a rigid barrier; or

B. Transport downers in a separate vehicle from that used for healthy animals.

History

  • Administrative History: Effective date: August 15, 1994 (21:16 Md. R. 1390)
  • Authority: Agriculture Article, §§3-101, 3-307, and 4-122, Annotated Code of Maryland

15.11.18 Requirements for Sheep and Goats for the Eradication of Scrapie

COMAR 15.11.18.01 Purpose.

The purpose of this chapter is to explain State animal health requirements for sheep and goats entering or moving within Maryland to prevent the introduction or spread of scrapie, a fatal, degenerative disease. The control and prevention of this disease is a joint effort by the Maryland Department of Agriculture and the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service. The requirements of this chapter qualify Maryland to be classified as a scrapie consistent state under 9 CFR, Part 79. Scrapie consistent status not only enhances the well-being of the State’s sheep and goat industry by protecting against scrapie but also helps ensure the most favorable treatment possible for Maryland sheep and goat producers in any market. Sheep and goat producers electing to participate in the U.S. Scrapie Flock Certification Program shall follow the requirements for certification found in 9 CFR, Part 54 and 79.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.02 Definitions.

A. In this chapter the following terms have the meanings indicated.

B. Terms Defined.

(1) “Animal” means a sheep or a goat.

(2) “Administrator” means an employee of USDA, APHIS-VS, authorized to administer the National Scrapie Eradication Program.

(3) “APHIS-VS” means the Animal and Plant Health Inspection Service, Veterinary Services unit of the U.S. Department of Agriculture.

(4) “Approved tagging site” means a site approved by the Department or APHIS-VS that tags and records all animals according to 9 CFR 86, the Animal Disease Traceability Rule.

(5) “Department” means Maryland Department of Agriculture.

(6) “DSE” means a designated scrapie epidemiologist with knowledge of scrapie who is selected by the Administrator and the Department to coordinate and evaluate the scrapie eradication program.

(7) “Exposed animal” means an animal that:

(a) Has been in a flock or an enclosure off the premises of the flock with a scrapie positive animal;

(b) Resides in a noncompliant flock; or

(c) Has resided on the premises of a flock before or while it was designated an infected or source flock and before a flock plan was completed.

(8) “High risk animal” means any one of the following:

(a) A genetically susceptible exposed animal including embryos;

(b) A female offspring of a scrapie positive female animal including embryos;

(c) A suspect animal; or

(d) Any animal including embryos that the Administrator determines to be high risk based on the epidemiology of the flock.

(9) “Immediate Slaughter” means a process whereby a goat or sheep is sold or transferred for slaughter and is moved with an owner-hauler statement to a restricted slaughter facility for processing within 72 hours of a sale or transfer or entry into Maryland.

(10) “Interstate Certificate of Veterinary Inspection” or “ICVI” means a certificate for interstate movement of animals completed by an issuing veterinarian, or a State or federal veterinarian.

(11) “Issuing Veterinarian” means an accredited veterinarian approved by the Department and APHIS-VS to issue an ICVI.

(12) “Low risk exposed animal” means any one of the following:

(a) The animal was exposed to a positive animal that was not born in the flock and did not lamb in the flock or lamb in an enclosure where the exposed animal resided;

(b) The exposed animal is male and was not born in the infected or source flock;

(c) The exposed animal is a castrated male; or

(d) The exposed animal, as determined by the Administrator and State representative, is unlikely to be infected with scrapie.

(13) “Official identification” means an identification mark or device approved by the Department and APHIS-VS that identifies an animal and is used in accordance with APHIS-VS program standards, including:

(a) A U.S. Department of Agriculture approved scrapie ear tag, provided that the tag is placed:

(i) In the animal’s ear (left ear recommended); or

(ii) If the animal is earless and moving for immediate slaughter or to a terminal feedlot as defined in 9 CFR 79, on a durable neck strap placed around the animal’s neck;

(b) An electronic implanted device as defined by the U.S. Department of Agriculture under 9 CFR §79.2; and

(c) Legible registry tattoos issued by a registry that has agreed to cooperate with APHIS-VS in tracing scrapie positive, suspect, and exposed animals, provided the tattoo is placed:

(i) In the animal’s ears in the location required by the registry; or

(ii) If the animal is earless, on the animal’s tail web.

(14) “Owner” means the owner of the flock of origin or an agent of the owner.

(15) “Owner-hauler statement” or “owner-shipper statement” means a document that is generated by the owner, signed by the owner or hauler, documenting an animal’s movement to an approved tagging site or a restricted livestock facility approved by the Department, and that, at a minimum, includes:

(a) The name, address, and telephone number of the owner and, if different, the hauler;

(b) The address and scrapie flock identification number of the flock of origin;

(c) The name and address of the destination of the shipment;

(d) A description of the species, breed, number, sex, and age of the animals shipped;

(e) A complete listing of all animals by official identification; and

(f) The date of the shipment.

(16) “Restricted livestock facility” means an auction market approved by the Department that maintains animals to be sold or transferred for immediate slaughter in separate enclosures from other animals.

(17) “Scrapie” means a fatal degenerative disease, classified as transmissible spongiform encephalopathy, affecting the central nervous system of sheep and goats.

(18) “Scrapie consistent state” means a state that meets the scrapie control requirements provided in 9 CFR §79.6.

(19) “Scrapie exposed flock” means a flock:

(a) That the DSE has designated as:

(i) An infected flock; or

(ii) A source flock that has completed a flock plan and has retained a female genetically susceptible exposed animal;

(b) That is under investigation and:

(i) Has retained a female genetically susceptible exposed animal or suspect animal; or

(ii) Whose owner declines genotyping and live-animal or post-mortem scrapie testing required by APHIS-VS or the Department.

(c) For which a Post Exposure Monitoring and Management Plan is required by APHIS-VS or the Department that is not in compliance with the conditions of that plan.

(20) “Scrapie positive animal” means an animal that is diagnosed with scrapie by an authorized laboratory approved by APHIS-VS.

(21) “Scrapie suspect animal” means an animal suspected of having scrapie by an accredited veterinarian, the Department, or a veterinary medical officer of USDA.

(22) “Waybill” means a document from an approved tagging site, a restricted livestock facility, or a licensed livestock dealer that documents an animal’s sale from such location to a farm, an authorized slaughter facility, or other location approved by the Department, and that, at a minimum, includes:

(a) The name, address, and telephone number of the issuing party;

(b) The date of sale and the date of movement;

(c) The name and address of the destination of the animal shipment;

(d) A description of the species, breed, age, sex, and number; and

(e) A complete listing of the individual official identification of each animal, which may include any use of glue-on back tags for animals destined for slaughter.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.03 Official Identification Requirements.

A. Except as provided by §B of this regulation, for any animal entering or moving within Maryland, an animal owner shall:

(1) Ensure that the animal has an official identification; and

(2) Keep and maintain a record of each animal’s official identification for 5 years in a manner that will allow the Department to trace the animal to its flock of origin or a new owner, if sold or transferred.

B. Exceptions to Official Identification Requirement. The official identification requirements of this regulation do not apply for an animal:

(1) That never leaves the premise of birth and has not commingled with animals originating outside the premise of birth;

(2) Less than 18 months of age that has not lambed, is not pregnant, and is moving for immediate slaughter; or

(3) Born in or entering Maryland and moving directly for sale to an approved tagging site, provided the animal is accompanied with an owner-hauler statement.

Cross References

15.11.14.06H(2)

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.04 Requirements for Sheep and Goats Entering Maryland.

A. General Requirements.

(1) Except for an animal moving to immediate slaughter, a person may not import an animal into Maryland unless the animal originates from a flock in a scrapie consistent state or from a flock enrolled in the Scrapie Flock Certification Program as defined by 9 CFR 54.

(2) Exposed Animals. A person may not move a high or low risk exposed animal into Maryland without the Department’s written approval.

(3) ICVI Requirement.

(a) Except as provided by §B of this regulation, for any animal entering Maryland, the hauler or person responsible for the animal shall ensure that each animal is accompanied with an ICVI.

(b) The owner shall provide the issuing veterinarian the following information for completing the ICVI:

(i) Complete addresses of the flock or premise of origin and destination;

(ii) The species, breed, sex, and official scrapie identification of each animal; and

(iii) Any document certifying the scrapie status of the flock.

(c) The issuing veterinarian shall include the following information in the ICVI:

(i) The date of inspection;

(ii) The date that the ICVI is issued;

(iii) The scrapie premise or flock identification number or numbers; and

(iv) Any other statement pertaining to the scrapie status of the flock if required under 9 CFR §§79.3 and 79.5, certifying the known scrapie status of the flock.

(d) After completing the ICVI, the issuing veterinarian shall forward a copy to the chief animal health official of the state of destination within 7 days of issuance and keep a copy of it for a minimum of 5 years.

(e) An ICVI is invalid 30 days after issuance.

B. Exceptions to ICVI Requirement. An ICVI is not required for an animal moving into this State for immediate slaughter, provided that the animal is accompanied with an owner-hauler statement.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.05 Requirements for Moving Sheep and Goats within Maryland.

A. Except as provided in Regulation .03B, an owner or hauler may move an animal within Maryland only if the animal is officially identified.

B. When an animal is moved within Maryland, the seller and new owner shall keep a record of the transaction for a minimum of 5 years on an owner-hauler statement or other document approved by the Department that provides for traceability as required by 9 CFR 86.

C. When an owner or hauler moves an animal within Maryland to an approved tagging site, the owner or hauler shall ensure that the animal is accompanied with a properly completed owner-hauler statement.

D. When an owner or hauler moves an animal within Maryland from an approved tagging site or a restricted livestock facility to a farm in Maryland, the owner or hauler shall ensure that the animal is officially identified and accompanied with a waybill.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.06 Requirements for Moving Sheep and Goats for Immediate Slaughter.

A. When selling or transferring animals for immediate slaughter:

(1) The owner shall note on the owner-hauler statement or waybill that the animal is being sold for “immediate slaughter only”; and

(2) The owner, dealer, market operator, or hauler shall insure that the animal is delivered to the slaughter facility for processing within 72 hours of the animal’s sale or transfer.

B. A person may not remove an animal from immediate slaughter:

(1) Without an ICVI or other document approved by the Department that has been signed by a State or federal official; or

(2) If prohibited by 9 CFR 79.

C. Animals in slaughter channels as defined by 9 CFR 79 may only be removed from slaughter channels as provided in 9 CFR 79.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.07 Movement of High Risk Animal or Low Risk Exposed Animals.

A. The Department with the concurrence of the Administrator may redesignate high risk exposed animals as low risk exposed animals based on either the scrapie type involved or the epidemiology of the flock.

B. A person may not move any of the following high risk exposed animals into or within Maryland without prior written approval from the Department:

(1) An animal that originates from a state that:

(a) Is not a scrapie consistent state as provided in 9 CFR §79.6, as determined by APHIS-VS; or

(b) Originates from any flock or area under any animal movement restriction resulting from the presence or suspected presence of scrapie infection;

(2) A sexually intact, genetically susceptible exposed animal;

(3) An animal that is scrapie suspect or scrapie positive; or

(4) An animal that is considered to be a high risk animal for scrapie as determined by the Department, by APHIS-VS, or by the chief animal health official of any state, any territory, or the District of Columbia, or any other official of a political subdivision recognized by the Department.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.08 Reporting Scrapie-Tested, Scrapie-Suspect, or Scrapie-Positive Animals.

A. If a clinically suspicious animal or test suspect is found, the flock owner or flock veterinarian is responsible for notifying the Department or the district office of APHIS-VS within 24 hours.

B. The accredited veterinarian or APHIS-VS authorized laboratory that conducts a scrapie test is responsible for notifying the Department of the test results within 24 hours when a test-positive scrapie animal is found. The Department shall immediately notify the district APHIS-VS office of the positive finding.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.09 Management of Scrapie Suspect or Scrapie Positive Animals and Their Flocks.

A. If a clinical or other scrapie suspect animal is reported by an owner, a veterinarian, or any other person, the following action shall be taken:

(1) The Department shall place the scrapie suspect animal and the flock under a hold order until the actual status of the animal is determined;

(2) A State or federal animal health official shall officially identify the suspect animal and the entire flock;

(3) The owner of the animal shall allow the Department to collect and submit tissues for diagnostic testing and scrapie genetic susceptibility testing from all animals in the flock to an authorized laboratory to conduct scrapie testing; and

(4) If the suspect animal is euthanized or dies, the Department shall ensure that appropriate tissues are collected for scrapie testing and that the carcass is completely destroyed by one of the following means:

(a) Proper disposal by the owner on the owner’s premises; or

(b) Disposal of the carcass by the owner at a Department-approved facility.

B. When a scrapie positive animal is identified by an official test, the following action shall be taken:

(1) The Department shall place the scrapie positive animal and the flock under a hold order or other appropriate restriction until:

(a) An epidemiologic investigation is complete and the status of each animal in the flock is determined;

(b) The high risk animals die or are euthanized or removed to an approved research facility; and

(c) The lambing or kidding areas are cleaned and disinfected;

(2) A DSE, or any other appropriate official designated by the Department and APHIS-VS, shall conduct the epidemiologic investigation for scrapie;

(3) A State or federal animal health official shall officially identify the positive animal and entire flock;

(4) The owner of the animal shall allow a State or federal animal health official to collect and submit tissues for diagnostic testing from all animals in the flock to a laboratory authorized by APHIS-VS to conduct scrapie testing or scrapie genetic susceptibility testing; and

(5) If an animal is euthanized or dies, the Department shall ensure that appropriate tissues are collected for scrapie testing and that the carcass is completely destroyed by one of the following means:

(a) Proper disposal by the owner on the owner’s premises; or

(b) Disposal of the carcass by the owner at a Department-approved facility.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.10 Management of Flocks that Have Received Exposed or High Risk Animals.

A. When a flock of sheep or goats is determined by State or federal animal health official to have received a scrapie exposed or high risk animal, the following steps shall be taken:

(1) The flock owner shall be contacted by a State or federal veterinary medical officer;

(2) The State or federal animal health officer shall place the scrapie exposed or high risk animal and the entire flock under a hold order until the status of the flock is determined;

(3) A State or federal animal health official shall officially identify the exposed or high risk animal and the entire flock; and

(4) A DSE or a designated veterinary medical officer of the Department or APHIS-VS shall determine the status of animals within the flock by identifying the high risk and exposed animals and restricting the movement of any animal that is determined to be high risk.

B. The flock owner shall allow a State or federal animal health official to officially identify the animals and to collect and submit animal tissues for diagnostic testing from all animals in the flock to a laboratory authorized by APHIS-VS to conduct scrapie testing or scrapie genetic susceptibility testing. The owner shall report immediately to a State or federal animal health official if an exposed or high risk animal dies or is in danger of dying.

C. If an animal in the flock is euthanized or dies, the appropriate State or APHIS-VS official shall ensure that appropriate tissues are collected for scrapie testing and that the carcass is completely destroyed by one of the following means:

(1) Proper disposal by the owner on the owner’s premises; or

(2) A disposal of the carcass by the owner at a Department-approved facility.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.11 APHIS-VS Requirements.

In addition to the requirements of this chapter, the owner of a sheep or goat shall comply with APHIS-VS requirements as provided by 9 CFR, Parts 54 and 79.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland
COMAR 15.11.18.12 Noncompliance.

A. A person who violates this chapter is subject to an administrative fine up to $10,000 as provided in COMAR 15.11.19.

B. In addition to any administrative penalty, any person who violates this chapter is guilty of a misdemeanor and is subject to fine or imprisonment as provided by Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland.

History

  • Administrative History: Effective date: September 26, 2005 (32:19 Md. R. 1588)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713)
  • Authority: Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland

15.11.19 Administrative Penalty Standards for Violations of Contagious or Infectious Disease Prevention Requirements

COMAR 15.11.19.01 Scope.

This chapter establishes standards for determining the appropriate penalty to be imposed on a person who violates a provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1555); emergency status expired February 21, 2007
  • Administrative History: Regulations .01—.04 adopted effective February 26, 2007 (34:4 Md. R. 402)
  • Authority: Agriculture Article, §3-116, Annotated Code of Maryland
COMAR 15.11.19.02 Definition.

A. In this chapter, the following terms have the meanings indicated:

B. Terms Defined.

(1) “Disease” means a contagious or infectious disease affecting domestic animals.

(2) “Secretary” means the Secretary of Agriculture or the Secretary's designee, including the State Veterinarian and staff.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1555); emergency status expired February 21, 2007
  • Administrative History: Regulations .01—.04 adopted effective February 26, 2007 (34:4 Md. R. 402)
  • Authority: Agriculture Article, §3-116, Annotated Code of Maryland
COMAR 15.11.19.03 Violations.

Instead of or in addition to any other penalty allowed under State law, the Secretary may impose an administrative penalty on a person who violates any provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland, including, but not limited to, the following acts:

A. Resisting or failing to comply with a quarantine established by the Governor, based on facts presented by the Secretary;

B. Resisting or failing to comply with a quarantine established by the Secretary to protect domestic animals against disease;

C. Resisting or failing to comply with any order by the Secretary to prevent or to control the communication or spread of disease;

D. Resisting or failing to cooperate with the Secretary when the Secretary carries out any duty to prevent or to control the spread of disease;

E. Refusing access to the premises or failing to allow the Secretary to inspect any location where the Secretary has reason to believe that disease may exist;

F. Failing to comply with any regulation adopted by the Secretary pursuant to Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland;

G. Concealing the fact that disease exists on the premises; and

H. Selling or otherwise disposing of an animal that the person has reason to believe is infected with a disease, or exposed to one within 90 days, or, without the Secretary's consent, permitting the animal to pass over any public highway, lane, or alley, or to graze any unfenced lot or piece of ground.

Cross References

15.11.19.04A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1555); emergency status expired February 21, 2007
  • Administrative History: Regulations .01—.04 adopted effective February 26, 2007 (34:4 Md. R. 402)
  • Authority: Agriculture Article, §3-116, Annotated Code of Maryland
COMAR 15.11.19.04 Assessment of Administrative Penalty.

A. After providing notice and an opportunity to be heard, the Secretary may assess an administrative penalty, not to exceed $10,000, for each act that constitutes a violation of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland, including, but not limited to, any of the separate acts specified in Regulation .03 of this chapter. If the Secretary finds that the person has committed multiple violations of this subtitle, the Secretary, considering the factors specified in §B of this regulation, may assess a separate civil penalty up to $10,000 for each violation.

B. In assessing a civil penalty imposed under §A, the Secretary shall give consideration to:

(1) The seriousness of the violation, including the nature and degree of the potential harm to animal health;

(2) The willfulness of the violation;

(3) The extent to which the existence of the violation was known to the violator, but not corrected or otherwise addressed in a timely and adequate manner;

(4) The extent to which the violator had exercised reasonable care to have prevented the violation from occurring in the first instance;

(5) The actual harm to animal health;

(6) The cost of control;

(7) The extent to which the particular violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and

(8) Whether the violator previously has violated any provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland.

C. A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Secretary's decision to impose a penalty.

D. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this chapter shall pay the amount of the penalty promptly to the Secretary.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1555); emergency status expired February 21, 2007
  • Administrative History: Regulations .01—.04 adopted effective February 26, 2007 (34:4 Md. R. 402)
  • Authority: Agriculture Article, §3-116, Annotated Code of Maryland

15.12.01 Regulations for Fairs and Shows

COMAR 15.12.01.01 Scope.

These regulations provide qualifications and guidelines for the allocation of Maryland Agricultural Fair Board funds to agricultural organizations or youth groups.

History

  • Administrative History: Effective date: November 15, 1971
  • Administrative History: Regulation .03A amended effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: Regulation .04A adopted effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: ——————
  • Administrative History: Regulations .01--.07 repealed and new Regulations .01--.07 adopted effective February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: Regulation .05A amended effective October 3, 1988 (15:20 Md. R. 2335)
  • Administrative History: Regulation .05E adopted effective April 6, 1986 (13:7 Md. R. 795)
  • Authority: Agriculture Article, §10-303(b), Annotated Code of Maryland
COMAR 15.12.01.02 Definitions.

A. “Activity” means an exhibition of agricultural products and events for the purpose of education and promotion, for example, fairs, field days, community shows, exhibits, youth contests.

B. “Agricultural youth group” means an organization that educates youth in the production and promotion of food and fiber, for example, 4-H, FFA, FHA.

C. “Board” means the Maryland Agricultural Fair Board, a unit of the Maryland Department of Agriculture.

D. “Competitive department” means a category of agricultural or homemaking products or activities in which one entry is compared against another or a set of established standards to determine quality.

E. “Premium” means a prize awarded in a competitive department.

History

  • Administrative History: Effective date: November 15, 1971
  • Administrative History: Regulation .03A amended effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: Regulation .04A adopted effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: ——————
  • Administrative History: Regulations .01--.07 repealed and new Regulations .01--.07 adopted effective February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: Regulation .05A amended effective October 3, 1988 (15:20 Md. R. 2335)
  • Administrative History: Regulation .05E adopted effective April 6, 1986 (13:7 Md. R. 795)
  • Authority: Agriculture Article, §10-303(b), Annotated Code of Maryland
COMAR 15.12.01.03 Application.

A. The Board only shall give financial assistance to an agricultural youth group or an organization sponsoring an agricultural activity.

B. Procedure. An applicant shall submit the following to the Board:

(1) An application on forms provided by the Board at least 1 month in advance of the Board's announced allocation meeting;

(2) A financial statement of the activity for the previous year, if any; and

(3) An overview of significant changes from the previous year's activity.

History

  • Administrative History: Effective date: November 15, 1971
  • Administrative History: Regulation .03A amended effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: Regulation .04A adopted effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: ——————
  • Administrative History: Regulations .01--.07 repealed and new Regulations .01--.07 adopted effective February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: Regulation .05A amended effective October 3, 1988 (15:20 Md. R. 2335)
  • Administrative History: Regulation .05E adopted effective April 6, 1986 (13:7 Md. R. 795)
  • Authority: Agriculture Article, §10-303(b), Annotated Code of Maryland
COMAR 15.12.01.04 Board Evaluation.

A. The Board shall decide whether to approve a qualified applicant's application for funding based upon the proposed activity's ability to meet the following criteria:

(1) Ability to meet community needs;

(2) Degree of agricultural promotion;

(3) Financial need;

(4) Growth and improvement of activity;

(5) Involvement of community;

(6) Organizational quality of activity;

(7) Quality of display;

(8) Size and scope of activity; and

(9) Strength and depth of management.

B. If the Board approves an application for funding, it shall notify the applicant of the allocation. The applicant shall enter into an agreement with the Board.

History

  • Administrative History: Effective date: November 15, 1971
  • Administrative History: Regulation .03A amended effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: Regulation .04A adopted effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: ——————
  • Administrative History: Regulations .01--.07 repealed and new Regulations .01--.07 adopted effective February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: Regulation .05A amended effective October 3, 1988 (15:20 Md. R. 2335)
  • Administrative History: Regulation .05E adopted effective April 6, 1986 (13:7 Md. R. 795)
  • Authority: Agriculture Article, §10-303(b), Annotated Code of Maryland
COMAR 15.12.01.05 Funding Conditions.

A. Requirements.

(1) The agreement shall include a list of requirements which a successful applicant shall perform to receive Board funding.

(2) These requirements include the following submissions to the Board:

(a) A list of its officers or committee leaders. The list shall include names, addresses, and telephone numbers.

(b) A list of judges for all livestock shows at least 15 days in advance of the activity.

(c) A final activity report within 45 days after the final day of the activity unless otherwise directed by the Board.

(d) A draft, copy, or original current fair or show catalog listing premiums and a schedule of events in advance of the activity.

B. Special Conditions for Livestock Shows.

(1) Livestock shall meet health requirements of the Maryland Department of Agriculture.

(2) Judges in dairy, beef, sheep, swine, and dairy goats shall be selected from the current Maryland Official Judges List, compiled by the Board, or receive approval of the appropriate Maryland livestock association before any show.

(3) Checking Registration and Identification.

(a) In a purebred livestock show, the applicant shall check the registration papers for exhibit ownership and class qualification.

(b) In a non-purebred livestock show, the applicant shall check for appropriate identification to determine exhibit ownership and class qualification.

C. The applicant shall use funds received from the Board only for the payment of premiums, ribbons, and trophies in competitive departments unless otherwise authorized by the Board. Premium money is to be awarded on quality exhibits only.

D. An organization shall pay all premiums won by qualified exhibitors within 30 days after the final day of the activity.

E. An organization or activity that conducts a livestock sale shall comply with the requirements of the Maryland Weights and Measures Law of the Agriculture Article, Annotated Code of Maryland.

History

  • Administrative History: Effective date: November 15, 1971
  • Administrative History: Regulation .03A amended effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: Regulation .04A adopted effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: ——————
  • Administrative History: Regulations .01--.07 repealed and new Regulations .01--.07 adopted effective February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: Regulation .05A amended effective October 3, 1988 (15:20 Md. R. 2335)
  • Administrative History: Regulation .05E adopted effective April 6, 1986 (13:7 Md. R. 795)
  • Authority: Agriculture Article, §10-303(b), Annotated Code of Maryland
COMAR 15.12.01.06 Allocation.

A. Before an exhibition, the Board may advance a portion of the allocation to the applicant.

B. After the exhibition, the applicant shall submit a final report of the expenditures. This report is subject to audit by the Department. Upon approval of the report, the Board shall authorize payment of the approved allocation.

History

  • Administrative History: Effective date: November 15, 1971
  • Administrative History: Regulation .03A amended effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: Regulation .04A adopted effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: ——————
  • Administrative History: Regulations .01--.07 repealed and new Regulations .01--.07 adopted effective February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: Regulation .05A amended effective October 3, 1988 (15:20 Md. R. 2335)
  • Administrative History: Regulation .05E adopted effective April 6, 1986 (13:7 Md. R. 795)
  • Authority: Agriculture Article, §10-303(b), Annotated Code of Maryland
COMAR 15.12.01.07 Non-Compliance.

If a person violates these regulations, the Board may deny a current or future fund allocation.

History

  • Administrative History: Effective date: November 15, 1971
  • Administrative History: Regulation .03A amended effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: Regulation .04A adopted effective January 25, 1980 (7:2 Md. R. 117)
  • Administrative History: ——————
  • Administrative History: Regulations .01--.07 repealed and new Regulations .01--.07 adopted effective February 27, 1984 (11:4 Md. R. 318)
  • Administrative History: Regulation .05A amended effective October 3, 1988 (15:20 Md. R. 2335)
  • Administrative History: Regulation .05E adopted effective April 6, 1986 (13:7 Md. R. 795)
  • Authority: Agriculture Article, §10-303(b), Annotated Code of Maryland
COMAR 15.13.01 Marketing of the Maryland Tobacco Crop [Repealed]

History

  • Administrative History: Effective date: January, 1974
  • Administrative History: Regulation .03, .04, .05, and .12 amended as an emergency provision effective February 18, 1982 (9:5 Md. R. 521); emergency status expired July 3, 1982 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulation .03B-1, B-2, J-1 adopted effective March 28, 1983 (10:6 Md. R. 559)
  • Administrative History: Regulation .03J amended effective March 10, 1978 (5:5 Md. R. 326)
  • Administrative History: Regulation .04A, B amended effective April 14, 1976 (3:8 Md. R. 427); April 13, 1977 (4:8 Md. R. 645); and March 10, 1978 (5:5 Md. R. 326)
  • Administrative History: Regulation .04A—C amended effective April 16, 1975 (2:8 Md. R. 566)
  • Administrative History: Regulation .04H amended effective March 28, 1983 (10:6 Md. R. 559); March 12, 1984 (11:5 Md. R. 463)
  • Administrative History: Regulation .04H amended as an emergency provision effective January 1, 2001 (28:3 Md. R. 204); emergency status extended at 28:11 Md. R. 1052; amended permanently effective August 20, 2001 (28:16 Md. R. 1484)
  • Administrative History: Regulation .04Q adopted effective March 17, 1976 (3:6 Md. R. 358) and amended effective March 10, 1978 (5:5 Md. R. 326); repealed effective March 28, 1983 (10:6 Md. R. 559)
  • Administrative History: Regulation .05 amended effective March 28, 1983 (10:6 Md. R. 559)
  • Administrative History: Regulation .05G amended effective March 12, 1984 (11:5 Md. R. 463)
  • Administrative History: Regulation .11 amended effective August 8, 1988 (15:16 Md. R. 1917)
  • Administrative History: Regulation .11F amended effective February 24, 1986 (13:4 Md. R. 397)
  • Administrative History: Regulation .12A amended effective March 28, 1983 (10:6 Md. R. 559)
  • Administrative History: Regulation .12E adopted effective March 28, 1983 (10:6 Md. R. 559)
  • Administrative History: Regulation .13D adopted effective March 17, 1976 (3:6 Md. R. 358)
  • Administrative History: Regulation .13D amended effective March 10, 1978 (5:5 Md. R. 326)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.13 repealed effective September 3, 2012 (39:17 Md. R. 1149)
COMAR 15.13.02 Daily Sales Quotas [Repealed]

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective
  • Administrative History: March 31, 1981 (8:8 Md. R. 717); emergency status expired August 15, 1981
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective
  • Administrative History: February 18, 1982 (9:5 Md. R. 523); emergency status expired July 3,
  • Administrative History: 1982 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.05 adopted effective March 28, 1983 (10:6 Md. R. 560)
  • Administrative History: Regulation .02B amended and .05C and D adopted as an emergency provision
  • Administrative History: effective April 1, 1987 (14:9 Md. R. 1078); emergency status expired
  • Administrative History: July 1, 1987 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulation .05 amended as an emergency provision effective March 3, 1995 (22:6 Md. R. 471); amended permanently effective July 3, 1995 (22:13 Md. R. 969)
  • Administrative History: Regulation .06 adopted as an emergency provision effective March 3, 1995 (22:6 Md. R. 471); adopted permanently effective July 3, 1995 (22:13 Md. R. 969)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.06 repealed effective September 3, 2012 (39:17 Md. R. 1149)
COMAR 15.13.03 Civil Penalty Standards for Licensees [Repealed]

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective March 1, 2000 (27:5 Md. R. 578); emergency status expired July 1, 2000; adopted permanently effective July 24, 2000 (27:14 Md. R. 1344)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.06 repealed effective September 3, 2012 (39:17 Md. R. 1149)

15.14.01 Standards of Practice and Code of Ethics for the Practice of Veterinary Medicine in the State

COMAR 15.14.01.01 Purpose and Authority.

The purpose of this chapter is to set forth standards of professional conduct and ethics for veterinarians and prescribe standards of practice of veterinary medicine in the State. The chapter also implements the laws of Maryland governing the practice of veterinary medicine in the State as set forth in the Agriculture Article, Annotated Code of Maryland, and is issued by the Board pursuant to that authority and approved by the Secretary in accordance with his authority in Title 2 of the Agriculture Article, Annotated Code of Maryland.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.02 Application.

This chapter shall apply to all veterinarians licensed and registered in the State.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Board” means the State Board of Veterinary Medical Examiners.

(2) “Controlled dangerous substance” means any drug, substance, or immediate precursor as listed in Criminal Law Article, §5-101, Annotated Code of Maryland.

(3) “Department” means the Maryland Department of Agriculture.

(4) “Dispensing” means direct distribution of products by veterinarians to their clients for use in or on their animals.

(5) “Federal legend drug” or “veterinary prescription drug” means a drug labeled with the statement “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian”.

(6) “High-volume, low-cost spay/neuter facility” means a licensed facility:

(a) Which is regularly used for the treatment of animals by a veterinary practitioner;

(b) Where the sterilization of dogs and cats is the primary function performed by a veterinarian licensed and registered by the Board; and

(c) Where the owner complies with the licensing and sanitation standards in COMAR 15.14.03 and 15.14.07.

(7) “Hospitalization” means the confinement of a patient in a veterinary hospital or mobile veterinary clinic for purposes of performing:

(a) Diagnostics;

(b) Therapy;

(c) Monitoring; or

(d) Nursing care.

(8) “Prescribing” means transmitting an order that authorizes a licensed pharmacist or the equivalent to prepare and dispense specified pharmaceuticals to be used in or on animals in the manner directed by a veterinarian.

(9) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

(10) “Specialist” means an individual who has obtained certification from a specialty organization recognized by the American Veterinary Medical Association.

(11) “Surgery” means that both of the following exist:

(a) A veterinarian treats a disease, injury, or deformity by manual or operative methods; and

(b) A veterinarian or registered veterinary technician administers an anesthetic, injectable sedative, or injectable tranquilizing agent to an animal.

(12) “Veterinarian” means an individual who is licensed and registered as a veterinarian to practice in the State.

(13) “Veterinary hospital” means a building or portion of a building which is regularly used for the treatment of animals by a veterinary practitioner.

(14) “Veterinarian-client-patient relationship” means that all of the following conditions exist:

(a) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions;

(b) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal because the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal through either:

(i) A physical examination; or

(ii) Medically appropriate and timely visits to the location where the animal is kept; and

(c) The veterinarian is readily available or has arranged for emergency coverage or follow-up evaluation in the event of adverse reactions or the failure of the treatment regimen.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.04 Professional Conduct.

A. The principal objectives of the veterinary profession are to render service to society, to conserve our livestock resources, and to relieve suffering of animals. A veterinarian shall act in relation to the public, the veterinarian's colleagues, and their patients, and the allied professions so as to merit their full confidence and respect. Examples of conduct which are prohibited by this standard include, but are not limited to, the following:

(1) Using a college degree to which the veterinarian is not entitled or any degree or title granted by an institution declared unworthy by contemporary institutions of its class;

(2) Accepting a fee from the seller of an animal by a veterinarian employed by a buyer to inspect an animal for soundness which is prima facie evidence of fraud;

(3) Guaranteeing a cure;

(4) Performing or participating in surgery if it is known the surgery was requested with intent to deceive a third party;

(5) Promoting, selling, prescribing, or using any product, the ingredient formula of which has not been revealed to the veterinarian;

(6) Performing a surgical procedure to conceal or to correct genetic defects in animals to be shown, bred, or sold;

(7) Making payments to any person for referring, attempting to refer, or promising to refer animals to that veterinarian;

(8) Accepting payments from any person for referring, attempting to refer, or promising to promote the sale of services, drugs, devices, appliances, or goods to a client so as to exploit the client for financial gain; and

(9) Prescribing or dispensing veterinary prescription drugs outside of a veterinarian-client-patient relationship.

B. A veterinarian may not act in an unprofessional or immoral manner in the practice of veterinary medicine.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.05 Choice and Selection of Patients.

A. Non-emergency Presentation. A veterinarian may choose whom he will serve. Once a veterinarian has undertaken care of a patient, and a veterinarian-client-patient relationship has been established, the veterinarian may not neglect the patient.

B. Emergency Presentation. In an emergency, a veterinarian should render service to the best of the veterinarian’s ability, but this does not require a veterinarian to accept financial responsibility for the care and treatment of any animal. The following procedures may be performed during an emergency without such actions constituting the establishment of a veterinarian-client-patient relationship:

(1) Initial evaluation;

(2) Diagnostics to assist in the initial evaluation; or

(3) Initial treatments to stabilize a patient.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.06 Advertising.

A. A veterinarian or an owner of a licensed veterinary hospital, limited use veterinary hospital, or animal control facility may not prepare, cause to be prepared, use, or participate in the use of, any advertisement or other public communication containing information about the services of particular veterinarians or veterinary hospitals which:

(1) Contains a misstatement of fact;

(2) Is likely to mislead or deceive because in context it makes:

(a) Only a partial disclosure of relevant facts, including limited hours; or

(b) Only a partial disclosure of charges reasonably associated with the advertised service;

(3) Is intended or is likely to create false or unjustified expectations of favorable results, including a guarantee or warranty;

(4) Contains any other statement that is intended or likely to cause a reasonable person to misunderstand or be deceived;

(5) Constitutes, is part of, or is a device for carrying out, an otherwise unlawful act;

(6) Contains subjective claims of superiority of skills, services, or products;

(7) Offers a secret drug or treatment; or

(8) Endorses a product or procedure, unless the veterinarian or licensee is a regular user of the product or procedure and the product or procedure is recognized as reputable by the American Veterinary Medical Association or by a respected scientific journal.

B. A veterinarian, or an owner of a licensed veterinary hospital, limited use hospital, or animal control facility may not use the word special or specialty in an advertisement unless the veterinarian performing the procedure or treatment:

(1) Meets the definition of a specialist, as set forth in Regulation 03B(9); and

(2) Is named in the advertisement.

C. A veterinarian, or an owner of a licensed veterinary hospital, limited use veterinary hospital, or animal control facility, who advertises the availability of a veterinarian to serve a 24-hour emergency veterinary hospital, shall state clearly in the advertisement whether a veterinarian is personally present at the hospital facility on a 24-hour basis, or is merely on call.

D. Veterinarians shall be personally responsible for compliance with the above requirements and shall be prepared to substantiate their compliance to the State Board of Veterinary Medical Examiners.

E. The name of a veterinary hospital or limited use veterinary hospital may not contain the word specialty, specialist, or a named specialist, unless:

(1) A majority of the veterinarians employed by the facility have obtained and maintained certification from a specialty organization recognized by the American Veterinary Medical Association; and

(2) The advertisement lists the names of those veterinarians by specialty and certification.

F. Before advertising as a high-volume, low-cost spay/neuter facility, a veterinarian or an owner of a licensed veterinary hospital shall provide documentation to the Board of having completed training that promotes and provides advanced spay and neuter education to veterinarians and their staff. Such training may be obtained through an organization approved by the Board, such as the Humane Alliance.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.07 Professional Judgment and Practice.

A. A veterinarian, when caring for and treating a patient, shall conform to those minimal standards of care and treatment which are customary among veterinarians in this State.

B. If a veterinarian professes to the public or colleagues to be a specialist in a particular area of veterinary medicine, the veterinarian, when caring for and treating a patient, shall conform to the minimum standards of care and treatment which are customary among these specialists.

C. A veterinarian may not provide professional services while:

(1) Using any narcotic or controlled dangerous substance, as defined in Criminal Law Article, Annotated Code of Maryland; or

(2) Under the influence of alcohol or any drug that impairs that veterinarian's judgment or motor skills.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.08 Professional Knowledge and Training.

A veterinarian should strive continually to improve veterinary knowledge and skill, making available to his colleagues the benefit of his professional attainments, and seeking, through consultation, assistance of others when it appears that the quality of a veterinary service may be enhanced by consultation.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.09 Maintenance of Professional Standards and Reporting Requirements.

It shall be considered a violation of this regulation for any veterinarian to commit any of the following acts of omission or commission:

A. To fail to report promptly when required by law or regulations, any dangerous, infectious, or contagious disease known to the veterinarian;

B. To fail to report promptly the results of any tests when required to do so by law or regulation or to apply or report them fraudulently;

C. To willfully make any misrepresentation in the inspection of foodstuffs;

D. To issue or use fraudulently any health certificate, inspection certificate, vaccination certificate, test chart, or other blank form used in the practice of veterinary medicine, including signing these forms in their blank state and dispensing them as such to the client;

E. To conduct a practice in violation of the regulations prescribed by the Board for proper sanitary and hygienic methods in the care and treatment of animals.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.10 Record Keeping.

A. For animals that a veterinarian treats, the veterinarian shall prepare a legibly written record that accurately and thoroughly reflects the treatment provided. At a minimum, the veterinarian's record shall include the following information, as applicable:

(1) If available, the name, address, and phone number of the animal's owner;

(2) If available, the name and identity of the animal;

(3) If available, the age, sex, and breed of the animal;

(4) The dates (beginning and ending) of custody of the animal;

(5) A short history of the animal's condition as it pertains to the animal's medical status;

(6) The animal's physical condition at the beginning of custody and the initial diagnosis, if any;

(7) The animal's condition, as evidenced through a physical examination, not more than 12 hours before administration of one of the following:

(a) Anesthetic;

(b) Injectable sedative; or

(c) Injectable tranquilizing agent.

(8) The treatment provided the animal and if medication is given, the following shall be provided:

(a) Amount in milligrams or the volume and concentration of substance used;

(b) Frequency; and

(c) Route of administration;

(9) The progress and disposition of the case; and

(10) The surgery log and anesthetic log, if any.

B. The veterinarian shall record the information referenced in §A of this regulation in a timely manner, that is, as soon as practicable after the veterinarian has seen the animal.

C. If the veterinarian discovers that the record is incomplete or in error, the veterinarian shall amend the record, being sure to date and initial the amendment.

D. A veterinarian shall label each radiograph and any other diagnostic image or picture with the hospital, clinic, or veterinarian's name, the patient's name, the owner's name, and the date the image or picture was taken. Diagnostics include, but are not limited to, the following:

(1) Ultrasound;

(2) Magnetic resonance imaging (MRI);

(3) Computed tomography (CT) scans; and

(4) Any other device that is used to generate an image of a patient.

E. Patient records shall be kept by a veterinarian for 3 years after a patient's last visit.

F. Patient Records.

(1) Patients' records are the property of the veterinary practice for whom the records were made.

(2) If requested by a patient's owner, the veterinarian shall release a copy of an animal's written record to the owner or a subsequent treating veterinarian. The veterinarian may require the owner to pay the reasonable cost of providing the records requested.

(3) If requested by a patient's owner, the veterinarian shall release temporarily to a subsequent treating veterinarian the original nonwritten record of the animal, such as, but not limited to, radiographs, photographs, electrocardiograms, and slides. The subsequent treating veterinarian shall return these original nonwritten records within 30 days of their receipt or such other time as agreed to by the parties.

(4) Upon request and if known, a veterinarian shall inform a boarding facility, including a veterinary hospital offering boarding services, which is boarding a veterinarian's patient, whether the animal's vaccinations are current.

G. The requirements of this regulation apply to companion pet animals only.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.10-1 Client Consent for Companion Animals and Hospitalized Animals.

A. For a non-emergency presentation, a veterinarian shall inform the client, in a manner that is understandable by a reasonable person, of the diagnostic and treatment plan. The veterinarian shall provide a written estimate of the charges for veterinary services, and obtain the client’s signature indicating acknowledgement and approval, before a veterinarian performs the following for a companion animal:

(1) Surgery; or

(2) Hospitalization.

B. For an emergency presentation, a veterinarian shall make a reasonable effort to comply with the requirements set forth in §A of this regulation.

C. Euthanasia. Consent for euthanasia shall be documented in the medical record by the veterinarian. Consent may consist of the following:

(1) A form signed and dated by the client or an individual authorized by the client; or

(2) If authorization for euthanasia is given orally, the veterinarian shall note this in the medical record, with a witness to the conversation.

D. A veterinarian shall maintain a written copy of the client consent and estimate of charges in the patient’s record and shall provide a copy to the client.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.11 Annual Registration.

A. A licensee who practices veterinary medicine in the State shall:

(1) Register annually with the Board;

(2) Pay the Board a registration fee, as provided in COMAR 15.14.12.02;

(3) State on the registration form the licensee's:

(a) Primary practice address, if any;

(b) Business telephone number, if any;

(c) Home (street) address and mailing address if the mailing address is different from the licensee's home address; and

(4) Notify the Board in writing of any change in the licensee's name or address (home, mailing, and practice) within 30 days after the change.

B. A veterinarian who fails to renew a veterinary license within 12 months following its expiration date shall seek reinstatement of the license before resuming the practice of veterinary medicine in the State.

C. A veterinarian may seek reinstatement of the veterinary license if the last registration certificate expired no more than 5 years before the date application is made for reinstatement.

D. If more than 5 years have lapsed since the date of expiration of the last registration certificate, the veterinarian shall apply for a new license with the Board, as provided in COMAR 15.14.09.

E. Reinstatement with the Board requires submission of the following to the Board’s office:

(1) Personal History Form;

(2) Current resume;

(3) Licensure verification from all state veterinary boards with which the veterinarian is licensed or has ever been licensed;

(4) Proof of the appropriate type and number of hours of continuing education, as provided in COMAR 15.14.10.04, for the period during which the license had lapsed;

(5) Payment of the reinstatement fee, as provided in COMAR 15.14.12.02; and

(6) Provided the veterinarian is approved for reinstatement by the Board, payment of the registration fee, as provided in COMAR 15.14.12.02.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.12 Controlled Dangerous Substances.

A. To prescribe or dispense controlled dangerous substances, a veterinarian shall have a current:

(1) Federal controlled substance registration certificate; and

(2) Maryland controlled dangerous substance registration.

B. A veterinarian shall ensure that all controlled dangerous substances are maintained, administered, prescribed, dispensed, and destroyed in compliance with all State and federal laws.

C. Schedule II drugs.

(1) Emergency Dispensing. A Schedule II drug may be dispensed upon oral prescription by a veterinarian if the following conditions are met:

(a) Immediate administration of the drug is necessary for proper treatment;

(b) Alternative treatment is not available; and

(c) It is not possible for the veterinarian to provide a written prescription for the drug at that time.

(2) If an oral prescription is issued under §C(1) of this regulation, the veterinarian shall:

(a) Specify the:

(i) Name of the drug;

(ii) Dose strength;

(iii) Quantity;

(iv) Instructions; and

(v) Warnings; and

(b) Prescribe only enough to treat the animal during the emergency period;

(c) State on the prescription “Authorization for Emergency Dispensing”;

(d) Within 72 hours, write, sign, and send the prescription to the location that dispensed the drug; and

(e) Make a note of the issuance of an oral prescription in the animal's record.

(3) Except as provided in §C(4) of this regulation, a veterinarian shall maintain all Schedule II drugs under lock at all times, with access by veterinarians only.

(4) A registered veterinary technician may have access to a working stock of Schedule II drugs kept under separate lock.

D. Schedule III—V drugs. A veterinarian shall maintain all Schedule III—V drugs under lock when not in use.

E. Records.

(1) For all controlled dangerous substances, a veterinarian shall maintain complete and accurate records on the premises indicated by name on the federal controlled substance registration certificate or Maryland controlled dangerous substance registration. A veterinarian may delegate to an authorized employee the daily task of completing these records.

(2) A veterinarian or authorized employee shall include the following information in the dispensing record:

(a) Date of dispensation;

(b) Drug name, strength, and the amount dispensed, administered, or wasted;

(c) Client and animal identification; and

(d) Identification of the veterinarian authorizing the administration or dispensing of a drug.

F. Inventory. A veterinarian shall:

(1) Take inventory on the same date once every 2 years;

(2) Sign, date, and record the time inventory is taken;

(3) Maintain records of all Schedule II prescriptions for a period of 5 years, and maintain records of all Schedule III—V prescriptions for a period of 2 years.

G. Disposal. A veterinarian shall destroy all Schedule II—V drugs in accordance with United States Drug Enforcement Agency rules and regulations.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.12-1 Prescriptions.

A. A veterinarian may issue a prescription only under the following conditions:

(1) A veterinarian-client-patient relationship exists; and

(2) The veterinarian is willing to dispense the drug for the patient.

B. A licensed veterinarian authorizing a pharmacist to dispense a veterinary prescription drug shall include the following in the prescription:

(1) The name, address, telephone number, and license number of the veterinarian;

(2) The name and address of the client;

(3) Identification of the animal, through either name or number;

(4) The species of the animal;

(5) The name, quantity, and strength of the drug;

(6) Directions for use;

(7) Cautionary statements including, if applicable, expiration date and withdrawal time for slaughter or milk withholding, or both;

(8) Date of issue;

(9) Number of refills; and

(10) The signature of the veterinarian.

C. When issuing a prescription or dispensing a drug to a client, a veterinarian shall inform the client of the most common known side effects of the drug.

D. A veterinarian or employee approved by a veterinarian may transmit prescriptions that are not controlled dangerous substances from the prescriber to a pharmacy chosen by a client, and note such action in the record of the animal belonging to the client. Acceptable methods of transmission include but are not limited to:

(1) Facsimile; or

(2) Encrypted computer transmission.

E. A veterinarian may renew a prescription issued by another veterinarian from the same hospital for a client of that hospital if the veterinarian issuing the prescription renewal is in agreement with the need to continue treatment.

F. A veterinarian may supply a veterinarian at a different veterinary hospital with a prescription drug to alleviate a shortage or supply a need, but may not fill a prescription for a client that has been written by a veterinarian who is not an employee of that hospital.

G. A veterinarian shall have examined a patient at least once during the preceding 12-month period before renewing any prescription medication for a chronic condition. If an examination has not occurred, a prescription may not be renewed.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.12-2 Dispensing of Federal Legend Drugs or Veterinary Prescription Drugs.

A. A veterinarian may dispense a prescription drug only if a veterinarian-client-patient relationship exists.

B. A veterinarian shall ensure that all federal legend drugs and veterinary prescription drugs are maintained, administered, prescribed, dispensed, and destroyed in compliance with all State and federal laws.

C. A veterinarian shall dispense prescription drugs only to the clients of the veterinarian or to clients of other veterinarians at the same hospital if there is an agreement with the need to continue treatment.

D. A veterinarian or authorized employee may not dispense a quantity of drug that is greater than that needed for the treatment of an animal, herd, or flock.

E. Nonprofessional staff may dispense prescription drugs only after specific instructions have been provided by a staff veterinarian.

F. A veterinarian or authorized employee shall include the following information on the labels of dispensed drugs:

(1) Hospital name, address, and telephone number;

(2) Name of prescribing veterinarian;

(3) Name of client and animal;

(4) Name, quantity, and strength of the drug;

(5) Directions for usage;

(6) Route of administration;

(7) Length of treatment;

(8) Appropriate cautionary statements including, if applicable, slaughter withdrawal or milk withholding times, or both;

(9) Date of dispensation; and

(10) Expiration date.

G. Returned Prescriptions.

(1) A veterinarian or authorized individual may not place a prescription returned by a client back into inventory unless:

(a) The prescription container is unopened;

(b) The prescription has not expired; and

(c) It can be readily determined that the drug was properly stored, labeled, and sealed to preserve strength, quality, purity, and identity during the time between sale of the drug and return to the veterinarian.

(2) A client may return any drug that does not meet the requirements of §G(1) to the veterinarian or veterinary hospital for proper disposal.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.12-3 Expired Medications.

A. A veterinarian may not administer expired medications to an animal.

B. A veterinarian may not remove expiration dates from medications.

C. Until a veterinarian has disposed of an expired medication, the veterinarian shall package and keep it separate and apart from unexpired medications.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.13 Enforcement.

This chapter shall be enforced by the Board of Veterinary Medical Examiners. The Board may suspend or revoke the license and registration of any veterinarian or censure or place on probation any veterinarian for a violation of any provision of this chapter. Disciplinary actions instituted on the basis of this chapter shall be conducted in accordance with the hearing requirements established by the statutes relating to the practice of veterinary medicine in the State and the regulations promulgated under them. Hearings shall be conducted in accordance with procedures adopted by the Board and the Maryland Department of Agriculture and prescribed by the Administrative Procedures Act.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.14 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid for any reason by a court of competent jurisdiction, the holding may not affect other provisions or applications of the regulation and, to this extent, the provisions of this regulation are severable.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.15 Complying with Certain Requests of the Board.

A veterinarian shall comply with the following requests of the Board:

A. If summoned to appear before the Board, to appear on the date and at the time indicated in the summons; and

B. Within 15 days after receiving a Request for Production of Documents from the Board, to deliver to the Board all books, papers, records, and other documentary evidence which the Board has requested; and

C. If the veterinarian owns a veterinary hospital, to allow the Board's inspectors to inspect the facility during normal business hours.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.16 Notice of Lack of 24-hour Supervision.

A veterinarian who has assumed the care and custody of an animal, but does not provide 24-hour supervision by a paid employee physically in the hospital, where the animals are kept, shall provide the following written notification to the owner of the animal: “We Do Not Provide 24-Hour Supervision”. This notice shall be provided either by:

A. Posting in a conspicuous location within the hospital that is readily visible by the public, such as at or near a receptionist's desk; or

B. Hand delivery to the owner on a piece of paper when the animal is presented for treatment or boarding.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.17 Direct Supervision Guidelines.

A. In this regulation, the following terms have the meanings indicated:

(1) “Registered veterinary technician” means an individual currently registered with the Board as a veterinary technician;

(2) “Responsible direct supervision” means competent, immediate, and active supervision;

(3) “Technician” means a nurse, attendant, technician, intern, or other employee of a licensed and registered veterinarian who is not a registered veterinary technician.

B. A veterinarian giving responsible direct supervision to the work of a technician or registered veterinary technician shall be:

(1) In the immediate vicinity of where the work is being performed; and

(2) Actively engaged in supervising this work throughout the entire period it is being performed, including:

(a) Providing clear and specific directions on what work is to be done,

(b) Being cognizant of how the assigned work is being performed, and

(c) Being immediately available to provide advice when the assigned work is being performed.

C. A veterinarian may not permit a technician to perform the following procedures on an animal while the animal is under that veterinarian's care:

(1) Anesthesia induction by inhalation or intravenous injection;

(2) Anesthesia induction by intramuscular injection;

(3) Application of casts and splints;

(4) Dental extractions; and

(5) Suturing of existing surgical skin incisions.

D. A veterinarian may permit a registered veterinary technician to perform the procedures referenced in §C of this regulation if, when these procedures are being performed:

(1) The individual is under the responsible direct supervision of the veterinarian; and

(2) For the procedure referenced in §C(1) of this regulation only, the veterinarian also is able to maintain direct visual contact of the technician's performance of this procedure.

E. A veterinarian may permit a technician to render auxiliary or supporting assistance or administer medication if, when rendering the assistance or administering medication, the employee is under the responsible direct supervision of the veterinarian.

F. In the case of an anesthetized animal, a veterinarian may permit a technician to monitor the animal's condition and provide other supporting assistance, including the animal's maintenance, once the animal is stabilized.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland
COMAR 15.14.01.18 Animal Boarding by a Veterinarian.

A veterinarian who operates an animal boarding business in connection with a veterinary hospital is responsible for:

A. Caring for boarded animals;

B. Training staff on the care of boarded animals;

C. Instructing staff to report to the veterinarian on duty if a boarded animal is sick or injured; and

D. Arranging for the veterinary care of any sick or injured boarded animal.

History

  • Administrative History: Effective date: May 1, 1974
  • Administrative History: Regulation .01 amended effective November 2, 1987 (14:22 Md. R. 2340)
  • Administrative History: Regulation .03 amended effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1308); February 3, 2014 (41:2 Md. R. 92); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .04 amended effective January 26, 1987 (14:2 Md. R. 130); August 4, 2003 (30:15 Md. R. 992); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .06 amended effective October 6, 1978 (5:20 Md. R. 1501); December 12, 2002 (29:24 Md. R. 1919); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .06A amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .06F amended effective October 29, 1975 (2:24 Md. R. 1483)
  • Administrative History: Regulation .07 amended effective May 7, 1984 (11:9 Md. R. 796); January 26, 1987 (14:2 Md. R. 130); December 25, 1989 (16:25 Md. R. 2714); September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .09 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 114); April 6, 1998 (25:7 Md. R. 529); September 12, 2005 (32:18 Md. R. 1521); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .10A amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .10D amended effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .10D amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .10F amended effective June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .10-1 adopted effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .11 amended effective October 7, 1985 (12:20 Md. R. 1930); March 29, 1993 (20:6 Md. R. 584); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .11A amended as an emergency provision effective March 14, 1996 (23:7 Md. R. 549); amended permanently effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .11A amended effective March 24, 1997 (24:6 Md. R. 488); June 14, 1999 (26:12 Md. R. 926)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .11A amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .12 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulation .12 adopted effective June 8, 1992 (19:11 Md. R. 1016)
  • Administrative History: Regulation .12 recodified to be Regulation .12-3 and new Regulation .12 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .12-1G adopted effective July 16, 2018 (45:14 Md. R. 698)
  • Administrative History: Regulation .12-2 adopted effective August 4, 2003 (30:15 Md. R. 992)
  • Administrative History: Regulation .15 adopted effective August 30, 1993 (20:17 Md. R. 1351)
  • Administrative History: Regulation .15C adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 adopted effective June 19, 1995 (22:12 Md. R. 902)
  • Administrative History: Regulation .16 amended effective August 4, 2003 (30:15 Md. R. 992); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .16A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17 adopted effective July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .17A amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .17A, B, D amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .18 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .18 repealed and Regulation .19 recodified to Regulation .18 effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .19 adopted effective March 18, 2002 (29:5 Md. R. 504)
  • Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland

15.14.02 Board Actions

COMAR 15.14.02.01 Scope.

This chapter concerns formal and informal actions of the State Board of Veterinary Medical Examiners to enforce the laws and regulations governing the practice of veterinary medicine in this State. The Board may take action against alleged violators, including a veterinarian, a veterinary technician, an owner of a veterinary hospital, an owner of a mobile veterinary clinic, and an owner of an animal control facility. This chapter describes the Board’s procedures for investigating possible violations of the Maryland Veterinary Practice Act that it discovers, and complaints it receives within 3 years of the complained-of conduct, and older complaints upon a showing of extraordinary circumstances. Additionally, this chapter describes procedures for contested case hearings before the Board and alternative dispute resolution procedures, including confidential case resolution procedure and mediation.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.01-1 Notice.

A. Notice of Board Action.

(1) The Board shall give written notice to a person against whom it is taking action at least 10 days before the scheduled hearing.

(2) The notice shall state:

(a) The facts that are asserted or, if the facts cannot be stated in detail when notice is given, the issues that are involved;

(b) The pertinent regulatory and statutory provisions under which this action is being taken;

(c) The sanction proposed or the potential penalty, if any, as a result of the Board's action;

(d) Unless a hearing has been scheduled, the person's opportunity to request a hearing before the Board, including the requirement that the request be in writing and submitted to the Board within 10 days from receipt of the notice; and

(e) The direct consequences, sanction, and potential penalty, if any, of the person's failure to exercise, in a timely manner, the opportunity for a hearing or to appear for a scheduled hearing.

B. Contested Case Hearing.

(1) If the Board conducts a contested case hearing, it shall give all parties written notice of the hearing at least 10 days before the scheduled hearing.

(2) The written notice shall state:

(a) The date, time, place, and nature of the hearing;

(b) The right to call witnesses and submit documents or other evidence under State Government Article, §10-213(f), Annotated Code of Maryland;

(c) Any applicable right to request subpoenas for witnesses and evidence and the costs, if any, associated with such a request;

(d) The facts that are asserted or, if the facts cannot be stated in detail when notice is given, the issues that are included;

(e) That a copy of the hearing procedure is available on request, and the cost, if any, associated with such a request;

(f) The right to be heard personally and to be represented by counsel before the Board;

(g) The right to confront witnesses;

(h) That failure to appear for the scheduled hearing may result in an adverse action against the party; and

(i) That the parties may agree to the evidence and waive their right to appear at the hearing.

C. The Board shall provide to the licensee the required notice by certified mail, return receipt requested, bearing a postmark from the U.S. Postal Service, addressed to the post office address shown on the annual registration or other information the Board possesses.

D. The Board may provide the licensee notice by regular mail to the licensee's address of record if the Board has been unsuccessful in giving notice as provided under §C of this regulation.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Abrogate” means to rescind a prior action of the Board;

(2) “Cease and desist letter” means a letter issued by the Board directing:

(a) A licensee to cease doing a specified activity; or

(b) An unlicensed individual to cease the unauthorized practice of veterinary medicine.

(3) “Censure” means a reprimand.

(4) “Charging document” means a nonpublic document issued by the Board as a formal disciplinary action that:

(a) Alleges conduct by a licensee that the Board considers to be a violation under the Maryland Veterinary Medicine Act;

(b) Sets forth provisions of the Maryland Veterinary Practice Act that the Board considers to have been violated; and

(c) Provides notice to the licensee of disciplinary proceedings before the Board.

(5) “Civil penalty final order” means a public document issued by the Board containing a final order that disposes of a charging document when the licensee:

(a) Waives the right to a contested case hearing; and

(b) Pays the civil penalty sanction contained in the notice of Board action.

(6) “Complaint” means a nonpublic document or other information received by the Board that sets out conduct by a licensee that may:

(a) Violate the Maryland Veterinary Practice Act; and

(b) Be grounds for an investigation or disciplinary action by the Board.

(7) “Consent agreement and order” means a public document issued by the Board that includes a final order of the Board specifying certain Board action that has been negotiated and agreed to by both parties to resolve a disciplinary action.

(8) “Default order” means a proposed order issued by the Board upon the failure of a licensee to respond to a notice of Board action or to appear at a hearing.

(9) “Dismissal” means an action of the Board to dispose of a complaint or matter without taking any disciplinary action.

(10) “Disposition agreement” means a nonpublic formal agreement entered into with an impaired licensee in which the licensee agrees to comply with certain conditions.

(11) “Letter of admonishment” means a nonpublic document issued by the Board as an informal action containing strong recommendations to a veterinarian regarding conduct or practices that concern the Board but do not rise to a level of severity requiring disciplinary action.

(12) “Letter of advice” means a nonpublic document issued by the Board as an informal action containing educational advice to a veterinarian regarding conduct or practices that the Board finds could be improved but do not rise to a level of severity requiring disciplinary action.

(13) “Letter of surrender” means a public letter accepted by the Board in which the licensee agrees to surrender the licensee’s license to practice veterinary medicine.

(14) “Mediation” means a confidential voluntary alternative dispute resolution (ADR) process offered by the Department to assist parties in resolving a dispute informally.

(15) “Modified order” means an order issued by the Board to abrogate, change, or modify an original order after consideration of facts not originally considered.

(16) “Probation” means a sanction imposed by the Board, in which the licensee is:

(a) Monitored by the Board for a period of time; and

(b) Subject to certain requirements by the Board.

(17) “Public document” means a document that the Board is permitted or required to disclose to the public under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

(18) “Recusal” means the removal of a member of the Board from participation in a matter because of interest, bias, or other reason.

(19) “Resolution conference” means a confidential meeting between a licensee and members of the Board to discuss possible settlement of a disciplinary matter.

(20) “Show cause hearing” means a nonevidentiary hearing before the Board in which the licensee may demonstrate to the Board why the Board should not issue a proposed order or take some other action.

(21) “Stay” means the withholding of Board action against a licensee, which stay may be subject to conditions imposed by the Board.

(22) “Stet” means the act of staying all further action in a proceeding, subject to the proceeding being reopened at a later date.

(23) “Summary suspension” means the indefinite suspension of a license under State Government Article, §10-226, Annotated Code of Maryland, issued if the Board finds that the action is necessary to protect the health, safety, or welfare of animals or individuals.

(24) “Veterinary review committee” means a team composed of three or more members of the Board that, under Agriculture Article §2-302.1, has the delegated authority to perform regulatory functions pertaining to veterinary practitioners under Title 2, Subtitle 3 of the Agriculture Article.

(25) “Violation of probation” means failure to comply with a requirement of probation imposed in an order of the Board.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.03 Complaint Procedures.

A. The Board or a veterinary review committee shall review a complaint received within 3 years of the conduct complained of, and may review a complaint received after 3 years of the conduct complained of upon a showing of extraordinary circumstances.

B. After reviewing a complaint, the Board or a veterinary review committee may further investigate the complaint by:

(1) Requesting relevant records;

(2) Requesting written or oral responses from the alleged violator;

(3) Requesting rebuttals from the complainant;

(4) Requesting statements from witnesses;

(5) Requesting statements from relevant third parties, including other treating veterinarians;

(6) Procuring expert opinions on relevant specialty areas;

(7) Researching areas in dispute; and

(8) Seeking legal advice.

C. After completing an investigation of a complaint, the Board or a veterinary review committee may recommend that the Board take one or more of the following actions:

(1) Dismiss the matter for lack of authority or merit;

(2) Issue a cease and desist order;

(3) Issue a letter of advice;

(4) Issue a letter of admonition;

(5) Issue a notice of action and charging document;

(6) Stay the matter;

(7) Stet the matter;

(8) Refer the matter to mediation;

(9) Refer the matter to the appropriate authorities; or

(10) Issue a summary suspension which provides the right to request within 10 days a nonevidentiary show cause hearing.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.04 Board Actions and Case Resolution Procedures.

A. The Board may resolve or dispose of a complaint by any of the following:

(1) Consent agreement and order;

(2) Civil penalty final order;

(3) Consent agreement and censure;

(4) Disposition agreement;

(5) Dismissal;

(6) Final order;

(7) Letter of advice;

(8) Letter of admonishment;

(9) Probation;

(10) Referral to appropriate authorities;

(11) Referral to mediation;

(12) Stay;

(13) Stet; or

(14) Other authorized action of the Board.

B. After the issuance of a notice of Board action and charging document to a licensee, the Board and the licensee may voluntarily agree to enter into any of the following confidential case resolution procedures, which may result in a formal or informal action of the Board:

(1) A case resolution conference call or meeting;

(2) Settlement negotiations; or

(3) Mediation of interested parties.

C. A case resolution procedure shall be completed within 180 days of issuance of a notice of Board action, unless the Board finds good cause to grant additional time upon a written request and showing by the licensee.

D. The Board may issue a default order to a licensee who, without good cause, fails to respond to a notice of agency action or to comply with a Board order.

E. A licensee who receives a default order may request a nonevidentiary show cause hearing within 10 days of receipt of the order.

F. If the Board and a licensee are unable to reach an agreement, the matter may proceed to a hearing, if the licensee requested a hearing in writing in a timely manner.

G. The Board in its discretion may abrogate a prior order or issue a modified order.

H. Except for consideration of a proposed resolution of a case, admissions, facts revealed, proposals, or positions taken, unless the information is available from other sources or through discovery, are not admissible in a contested case hearing.

I. Participation in a case resolution procedure is not ordinarily a basis for recusal of Board member from further proceedings in a case.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.05 Parties — Representation.

A. “Party” includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in formal hearings. Any person or agency may be admitted as a party for limited purposes.

B. All parties appearing at formal hearings shall have the right to appear in proper person or by or with counsel. These parties shall have the right to be accompanied, represented, and advised by counsel.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.06 Records — Transcript.

A. The Board shall prepare an official record, which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding.

B. Unless waived by all parties, a stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceeding, or part of a proceeding, shall be paid by the party requesting the transcript.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.07 Presiding Officer — Duties.

Each hearing shall be held before not less than a quorum of the Board. The Chairman, or in his absence, a member designated by him, shall be the presiding officer, and shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time. The Chairman or any member of the Board shall have the authority to administer the oaths to all witnesses testifying in the proceeding.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.08 Order of Procedure.

The order in which the parties shall present their case shall be determined by the presiding officer.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.09 Examination of Witnesses and Introduction of Evidence.

A. The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§10-213 and 10-214, Annotated Code of Maryland.

B. Any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions; provided, however, that where a party is represented by counsel, the submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.

C. The presiding officer, or any person designated by him for the purpose, may examine any witness called by any party. He may call as a witness any person in attendance at the hearing. Any member of the Board may examine any witness called by any party.

D. The Board shall have the power to compel the attendance of witnesses by subpoena.

E. A member of the Board shall decide a motion for recusal when the basis for the motion is that member’s legal interest or bias. The presiding officer shall decide a motion for recusal, if the basis for the motion is something other than legal interest or bias of another member.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.10 Briefs.

Any party may submit briefs of the issues of fact and law involved in the hearing, which briefs shall be filed in such form, with such number of copies, and at such time as the presiding officer may designate.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.11 Participation by the Office of the Attorney General.

The presiding officer may request the Office of the Attorney General to participate in any hearing as counsel for the Board. Upon this request, counsel shall have all of the rights with regard to the submission of evidence, examination and cross-examination of witnesses, and filing of of objections, exceptions, and motions as counsel for any party.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.12 Decision and Order.

Every decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or his attorney of record. The decision of the Board shall be by majority vote.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
COMAR 15.14.02.13 Rehearings.

A. Any party aggrieved by a Board decision and order may apply for rehearing within 30 days after service on him of the decision and order. Action on the application shall lie in the discretion of the Board.

B. Unless otherwise ordered, neither the rehearing nor the application shall stay the enforcement of the order, or excuse the persons affected by it for failure to comply with its terms.

C. On rehearing, the Board may consider facts not presented in the original hearing, including facts arising after the date of the original hearing, and may, by new order, abrogate, change, or modify their original order.

History

  • Administrative History: Effective date: June, 1968
  • Administrative History: Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
  • Administrative History: Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland

15.14.03 Licensing and Minimum Sanitary Requirements for Veterinary Facilities

COMAR 15.14.03.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Board” means the State Board of Veterinary Medical Examiners.

(2) “Hospital license” means a license which permits a person to own and operate a veterinary hospital or mobile veterinary clinic.

(3) “Licensing year” means the yearly period running from July 1 until June 30.

(4) “Owner” means the person responsible for maintaining the hospital or mobile clinic properly. A person who leases a veterinary practice from another shall assume the responsibility of maintaining the facility properly and, thus, for the purposes of this chapter and COMAR 15.14.07, is considered the owner of the facility.

(5) “Responsible veterinarian” means a veterinarian who:

(a) Is licensed and registered by the Board;

(b) Provides direct supervision and control of a licensed veterinary facility; and

(c) Is regularly present at the facility:

(i) More than 50% of the time the facility is open for business; or

(ii) At least 20 hours per week if the facility is open for business more than 40 hours per week.

(6) “Valid hospital license” means a hospital license for the current licensing year which has neither been revoked nor, unless stayed, is under suspension.

(7) “Veterinary hospital” means a building or portion of a building which is regularly used for the treatment of animals by a veterinary practitioner.

Cross References

15.14.07.06D

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.01-1 Licensing Requirement.

A. For each licensing year, an owner shall apply for a hospital license on an application furnished by the Department and pay the annual fee required under Regulation .08 of this chapter.

B. The owner of a hospital shall provide certain information on the application when either obtaining a new hospital license, or renewing a hospital license. The following information shall be provided on the application form by the owner:

(1) Name of hospital;

(2) Name of owner;

(3) Street address;

(4) Printed name and signature of veterinarian responsible for the hospital;

(5) If more than one individual is employed by the hospital, one of the following:

(a) Certificate of compliance with the State Workers' Compensation Laws; or

(b) Workmens' compensation policy number or binder number;

(6) Names of all veterinarians employed by the owner;

(7) Names of all registered veterinary technicians employed by the owner;

(8) Hospital's core hours of operation;

(9) Hospital's telephone and facsimile numbers; and

(10) Signature and date by the hospital owner.

C. A person, including the owner, may not operate a veterinary hospital unless it has a valid hospital license.

D. The Board shall issue the hospital license in the owner's name for the particular building or portion of it identified in the owner's application.

E. Because a hospital license is issued in the name of a particular owner for a particular building or portion of it, the owner may not transfer this license to either a new owner, including a person leasing or purchasing the owner's veterinary practice, or a different physical structure.

F. The Board may not issue a hospital license for, and the owner may not operate a veterinary hospital from, a building or portion of a building which has not previously passed board inspection until such time that the facility passes board inspection. The Board shall attempt to inspect the new facility within 2 weeks from receipt of the owner's application.

G. Change of Ownership.

(1) Upon receipt of a hospital application and the associated fee by a new owner requesting change of ownership, the Board shall review the hospital's last inspection report. The Board shall issue a hospital license in the name of the new owner if the following conditions are met:

(a) The hospital was inspected by the Board within the 12 months preceding the Board's receipt of the hospital application; and

(b) The hospital passed the inspection conducted within the 12 months preceding the Board's receipt of the hospital application.

(2) If the conditions set forth in §G(1)(a) and (b) of this regulation are met, the Board shall attempt to inspect the hospital under new ownership within 60 days from the Board's receipt of the application.

H. After giving an owner notice and an opportunity to be heard, the Board may reject the owner's application for a hospital license, or suspend or revoke a hospital license the Board previously issued if the:

(1) Veterinary hospital does not meet the minimum sanitary requirements for veterinary facilities as provided under this chapter; or

(2) Owner fails to either pay the annual fee required under Regulation .08 of this chapter or allow the Board to inspect the facility during normal business hours.

I. The owner shall notify the Board in writing of any change to the information set forth in §B(1)—(10) of this regulation within 30 days after the change.

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.01-2 Registration and License Posting Requirements.

The owner shall post the following for the current fiscal year in a conspicuous location within the hospital that is readily visible by the public, such as at or near a receptionist's desk:

A. Registrations for all veterinarians employed by the hospital;

B. Registrations for all veterinary technicians employed by the hospital; and

C. The hospital license.

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.01-3 Animal Housing and Care.

For the purposes of these regulations, comfortable and satisfactory housing is defined as any system of management, care, and housing that permits animals to be maintained in good health. Some of the specific considerations that give meaning to this definition are outlined below:

A. Criteria for Evaluating a Caging or Housing System.

(1) It should be designed with the animals' physical comfort as a primary consideration. Physical comfort, as applied scientifically to the housing system, includes keeping the animal dry and clean, maintaining the animal in a state of relative thermal neutrality, providing sufficient space to assure freedom of movement, and allowing for normal postural adjustments, avoiding unnecessary physical restraint, providing convenient access to appropriate food and water, and, if animals are group housed, maintaining them in compatible groups without overcrowding.

(2) It should be compatible with the maintenance of the animals in good health as measured by such factors as the maintenance of normal body weight and the prevention of the spread of communicable diseases.

(3) It should be designed to facilitate effective sanitary maintenance and technical servicing.

(4) Cages, runs, and pens should be kept in good repair to prevent injury to the animal and to promote physical comfort. Sharp corners and edges, broken wires, and any dangerous surfaces shall be immediately covered.

(5) Materials used for the caging of animals shall be impervious to water, to wear, and to corrosion. Wood is an unacceptable caging material.

B. Exercise. An area readily susceptible to proper sanitation shall be available for the sole purpose of exercising animals.

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.02 Sanitation Practices.

A. The animal facility shall be kept clean. A regular schedule of sanitary maintenance is necessary, including the elimination of wastes.

B. Animal rooms, corridors, storage areas, and other parts of the animal facility shall be washed, scrubbed, vacuumed, mopped, or swept as often as necessary, using appropriate detergents and disinfectants to keep them free of dirt, debris, and harmful contamination. A continuing objective shall be to keep these areas neat and uncluttered.

C. If litter or bedding such as paper is used in animal cages or pens, it shall be changed as often as necessary to keep the animals dry and clean and to minimize offensive odors.

D. Cages or pens from which animal waste is removed by hosing or flushing shall be cleaned and suitably disinfected one or more times daily. This system requires removal of the animals from cages during servicing in order to keep them dry.

E. Animal cages, racks, and accessory equipment, such as feeders and water utensils, shall be washed and sanitized as often as necessary to keep them physically clean and free from contamination. In addition, cages should always be sanitized before new animals are placed in them. Sanitizing may be accomplished either by washing all soiled surfaces with a cleaning agent having an effective bactericidal action or with live steam or the equivalent thereof.

F. Waste containers and implements shall be maintained in sanitary condition.

G. A veterinarian shall handle, treat, and dispose of medical wastes (including, but not limited to, carcasses, anatomical body parts, excretions, blood-soiled articles, bedding, and sharps) that are generated from an animal that the veterinarian knows, or has reason to know, has a disease that is capable of being transmitted to humans, in accordance with COMAR 26.13.11 and COMAR 10.06.06.

H. A veterinarian shall handle waste materials that are generated from an animal that does not have a disease transmissible to humans as provided under this section:

(1) Sharps, including but not limited to syringes, needles, and surgical instruments, shall be placed in a rigid, tightly lidded container that is impervious to puncture. Before disposing of this container, it shall be placed in a leak-proof plastic sack or plastic-lined paper bag.

(2) Animal tissues, including blood if it is in liquid form, shall be disposed of as provided under §H(3) or placed in one of the following:

(a) Sanitary sewer if allowed under any local ordinance or regulation and the Environment Article, Annotated Code of Maryland.

(b) Leak-proof disposable container, such as a plastic sack or a plastic-lined paper bag. Before disposing of this container, it shall be placed in a rigid, opaque container.

(3) Animal Carcasses.

(a) Except as provided under §H(3)(b), an animal carcass shall be disposed of promptly by one of the following methods:

(i) Release to the owner;

(ii) Burial;

(iii) Cremation;

(iv) Incineration;

(v) Disposal through the rendering process; or

(vi) If permitted by local ordinance, placed in a public landfill.

(b) If prompt disposal of an animal carcass is not possible, it shall be contained in a freezer or stored in a sanitary, nonoffensive manner until such time as it can be disposed of as provided under §H(3)(a).

(4) Litter, bedding, and animal excretions from:

(a) Companion animals shall be placed either in a:

(i) Sanitary sewer if allowed under any local ordinance or regulation and the Environment Article, Annotated Code of Maryland, or

(ii) Leak-proof disposable container, such as a plastic sack or a plastic-lined bag, when disposing of them by other available means;

(b) Livestock shall be:

(i) Handled as provided under §H(4)(a), or

(ii) Disposed of by any acceptable agricultural method.

(5) Before disposing of blood-soiled articles, they shall be placed in a leak-proof disposable container such as a plastic sack or a plastic-lined bag.

I. Waste materials should be removed regularly and frequently so that storage of waste does not create a nuisance.

J. The elimination or effective control of vermin shall be mandatory.

Cross References

10.06.06.01A(3)(a)

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.03 Feeding and Watering of Animals.

A. Feeding.

(1) All animals shall have daily access to feed according to their particular requirements. The food should be wholesome, free of contamination, palatable, and nutritionally adequate. It shall be fed in amounts sufficient to meet the needs of the individual animals.*

  • As specified in the National Research Council Series on nutrient requirements for animals.

(2) Food containers shall be accessible to animals and shall be located to minimize contamination by excreta. Feed containers shall be made of a durable material and shall be kept clean. Food containers shall be sanitized daily after usage. Disposable food containers may be used but shall be discarded after use.

B. Watering. Animals shall have access to potable water, according to their particular requirements.

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.04 Facilities, Equipment, and Supplies for Animal Surgery and Post Surgical Care.

A. If surgery is performed, appropriate facilities and equipment shall be provided and the operating area shall be run in accordance with accepted surgical practice.

B. A suitably equipped area shall include the following equipment and supplies:

(1) An autoclave or other equipment for effective sterilization of instruments, linens, gloves, gowns, and similar items;

(2) A scrub sink or a suitable container for surgical preparation;

(3) An operating light or sufficient power to assure clear illumination of the operative field;

(4) Instruments and drapes appropriate for the surgical procedures used in the hospital; and

(5) A positive pressure oxygen delivery system for small animal patients where medically indicated.

Cross References

15.14.07.07

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.05 Construction Standards for Veterinary Facilities.

A. Floors. Floors shall be smooth, waterproof, nonabsorbent, capable of being suitably scrubbed with detergents and effective sanitizing products, and capable of normal hospital use. Floor-wall junctions in areas such as waiting areas, examination rooms, treatment rooms, surgery rooms, and kennels shall be sealed to facilitate floor cleaning.

B. Walls. Walls shall be waterproof and smooth and free of cracks or gaps large enough to interfere with effective cleaning.

C. Ceilings. Ceilings shall be capable of being maintained in a sanitary condition.

D. Exterior Windows. Exterior windows and skylights are not needed in the animal rooms if adequate ventilation and lights are provided. If windows are provided and are opened for ventilation purposes, effective screening is required.

E. Ventilation, Temperature, and Humidity Control.

(1) Effective ventilation shall maintain a low concentration of atmospheric contaminants, such as odors or microorganisms, shall regulate room temperature, and shall promote comfort.

(2) A ventilation system should permit individual adjustments within +=/- 4 degrees F for any temperature within a range of 65 degrees F. The relative humidity should be maintained year round within a range of 30 to 70 percent, according to the needs of the species being maintained.

(3) If animals (for example, dogs) are housed outdoors with no access to indoor facilities, provisions to aid their natural temperature regulations are essential. When the ambient temperature falls below 50 degrees F, some form of shelter and an acceptable clean nesting material shall be provided, except for horses, cattle, sheep, goats, and pigs. When the ambient temperature exceeds 85 degrees F, shade shall be available and animals should be able to burrow or lie on materials several degrees cooler than the surrounding air.

F. Corridors. Corridors shall be wide enough to permit easy flow of personnel and equipment.

G. Power and Lighting. The electrical system should provide ample lighting, sufficient power outlets, safety provisions (such as explosion-proof outlets in rooms where volatile, explosive anesthetics may be used), and waterproof outlets where water is used in cleaning. Lighting shall be uniformly diffused throughout the area to be served. Although 10 to 15 footcandles of light are considered sufficient to maintain vital animal activity and rhythms, at least 50 footcandles are necessary for ordinary servicing of animal enclosures. For most animal housing areas, a minimum lighting intensity of 75 footcandles at the level of the cage racks is required. Animal treatment and examination areas should have a minimum of 100 footcandles at the work surface. Provision shall be made for emergency lighting in the event of a power failure.

H. Drainage. Floor drains, although not essential in animal rooms, if present, should be maintained in a sanitary and nuisance-free condition. Floors in these rooms can be maintained satisfactorily by wet vacuuming or by sweeping and mopping with appropriate disinfectants or cleaning compounds.

I. Service Areas in Relation to the Total Size of the Animal Facilities.

(1) An area or areas equal in square feet to at least 25 percent of the animal housing space shall be set aside for the service functions of the animal facility. The hospital service functions include all activities except animal housing.

(2) When an animal facility is 1,000 square feet or less in size, it may be permitted to carry out the service functions in an area that serves other activities as well. However, a separate facility shall be available for storage.

J. Space Recommendations for Animals. The size of a cage, pen, or run shall be such as to allow the animal housed in it to repose and change position comfortably.

K. An automatic, electronic, centrally monitored fire alarm system shall be located in a veterinary hospital. The alarm system shall be adequate to warn if fire is in any area of the hospital where an animal may be kept or treated.

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.06 Storage Areas: Food and Bedding, Refuse Equipment.

Bulk supplies of food and bedding may not be stored in animal rooms. A separate area or room shall be available in which food and bedding can be stored off the floor on pallets, racks, or carts. Food storage areas shall be physically separated from refuse areas. Temperatures in the storage rooms may be the ambient temperature. Refrigerated storage shall be available for perishable items. Separate storage for animal waste and dead animals is essential. Carcasses shall be kept below 45°F to reduce putrefaction. Obnoxious materials shall be covered or packaged.

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.07 Local Building Codes; Use and Business Permits.

Notwithstanding the provisions of these regulations, the provisions of local building codes, zoning codes, and applicable use and building permits shall be complied with by the owner or director of a veterinary facility as a condition for approval of operation, provided the provisions are at least equal to these regulations.

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.03.08 Licensing Fee.

The owner of the hospital shall pay an annual license fee, as provided in COMAR 15.14.12.02.

Cross References

15.14.03.01-1A

15.14.03.01-1H(2)

History

  • Administrative History: Effective date: January 1, 1974
  • Administrative History: Regulations .01A, .03A, .04B, and .05A amended effective June 16, 1978 (5:12 Md. R. 969)
  • Administrative History: Regulation .01B amended effective February 3, 2014 (41:2 Md. R. 92)
  • Administrative History: Regulation .01 recodified to Regulation .01-2 and new Regulations .01 and .01-1 adopted effective May 24, 1993 (20:10 Md. R. 853)
  • Administrative History: Regulation .01-1 amended effective June 19, 1995 (22:12 Md. R. 902); January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .01-2 recodified to Regulation .01-3 and new Regulation .01-2 adopted effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .01-2 amended effective June 29, 2009 (36:13 Md. R. 900)
  • Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
  • Administrative History: Regulation .04B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05A, F amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: Regulation .05K adopted effective December 1, 1997 (24:24 Md. R. 1671)
  • Administrative History: Regulation .08 adopted effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .08 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland

15.14.04 Animal Control Facility Licenses

COMAR 15.14.04.01 Purpose.

The purpose of this chapter is to establish the:

A. Terms and conditions under which an:

(1) Animal control facility license may be issued by the Board to an owner of an animal control facility;

(2) Individual qualifies as an authorized employee of an animal control facility;

(3) Authorized employee of an animal control facility is allowed to administer controlled dangerous substances required to humanely sedate, euthanize, or sedate and euthanize injured, sick, homeless, or unwanted domestic pets, and other animals; and

(4) Individual qualifies and is designated as the responsible individual who may purchase and maintain controlled dangerous substances for use at an animal control facility; and

B. Training requirements an individual shall meet to qualify as:

(1) The individual designated as the responsible individual who is allowed to purchase and maintain the controlled dangerous substances for use by authorized employees of the animal control facility; and

(2) An authorized employee who may administer drugs to animals during the course of the individual's employment with an animal control facility.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.02 Scope.

This chapter applies to all humane societies and county or municipal designated animal shelters in the State that use controlled dangerous substances.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Animal control facility” means a humane society or a county or municipal designated animal shelter.

(2) “Authorized employee” means an individual who takes direction from a responsible individual and has obtained Board-approved training in the use and handling of controlled dangerous substances as set forth in this chapter.

(3) “Board” means the State Board of Veterinary Medical Examiners.

(4) Controlled Dangerous Substance (CDS).

(a) “Controlled dangerous substance (CDS)” means a substance listed in schedules II—V, as defined in Criminal Law Article, §5-101(f), Annotated Code of Maryland.

(b) “Controlled dangerous substance (CDS)” includes substances used by an animal control facility for sedation, euthanasia, or both.

(5) “DEA” means the United States Drug Enforcement Administration.

(6) “Drug” means a controlled dangerous substance (CDS).

(7) “Humane society” means a society or association incorporated in Maryland for the prevention of cruelty to animals, as defined in Criminal Law Article, §10-601, Annotated Code of Maryland.

(8) “Licensing year” means the annual period running from July 1 until June 30.

(9) “MDH” means the Maryland Department of Health.

(10) “Owner” means a person who rents, leases, or otherwise has control of the premises where the animal control facility is located.

(11) “PAWS” means the Professional Animal Workers of Maryland, which is the State association of animal control agencies and humane organizations.

(12) “Responsible individual” means the individual who:

(a) Meets the requirements of Regulation .06 of this chapter; and

(b) Is responsible for obtaining and maintaining the drugs that an animal control facility uses for sedating, euthanizing, or sedating and euthanizing injured, sick, homeless, or unwanted domestic pets, and other animals.

(13) “Valid animal control facility license” means a license to operate an animal control facility issued for the current licensing year which has neither been revoked nor, unless stayed, is under suspension.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.04 Requirements.

A. A person applying for a license shall obtain, complete, and submit licensing applications and fees as set forth in this chapter.

B. A licensee shall comply with:

(1) The inspection requirements by the Board or the Board's designee set forth in this chapter;

(2) The applicable training requirements as required in this chapter; and

(3) Criminal Law Article, Title 5, Subtitle 3, Annotated Code of Maryland, and regulations promulgated under it.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.05 Licensing.

A. Requirement.

(1) A person may not operate an animal control facility to administer controlled dangerous substances without an animal control facility license issued by the Board.

(2) A person shall obtain a license for each separate location of an animal control facility.

B. Duration and Licensing Period.

(1) The licensing year for an animal control facility is July 1 through June 30.

(2) The Board may not issue an initial animal control facility license that extends beyond June 30 of the current licensing year.

(3) A license is valid for not more than 1 year from the date of issuance.

(4) A licensee who wishes to maintain continuous licensure shall act to renew an animal control facility license before the expiration of the license for each licensing year.

C. Application.

(1) The owner of an animal control facility shall provide a fully completed application to the Board when:

(a) Applying to obtain an initial animal control facility license; and

(b) Renewing an animal control facility license.

(2) To apply for an initial animal control facility license or renew an animal control facility license, an animal control facility owner shall submit:

(a) A completed, Board-provided application;

(b) Other documents or information required by the Board; and

(c) An annual license fee of $100.

(3) Refunds. Licensing fees are nonrefundable.

D. Application Information. The owner of an animal control facility shall provide a fully completed application containing the following information:

(1) If applying as an individual, the full name, home address, and telephone number of the:

(a) Owner;

(b) Responsible individual; and

(c) Each employee authorized to administer drugs;

(2) If applying as an institution, the:

(a) Business or trade name, business address, and telephone number; and

(b) Information required in §D(1)(b) and (c) of this regulation;

(3) The name, address, and telephone number of the animal control facility.

E. An owner shall apply for and obtain a separate animal control facility license for each location that the owner operates an animal control facility.

F. The Board shall issue the animal control facility license in the owner's name and the responsible individual's name for the particular building or portion of a building identified in the owner's application.

G. Change in Ownership; Location; Non-Transferability.

(1) An animal control facility license issued pursuant to this chapter is not transferable to another owner.

(2) A new application shall be submitted to the Board if the animal control facility changes:

(a) Ownership;

(b) Location; or

(c) Responsible individual.

H. Notification to the Board.

(1) The owner shall notify the Board in writing of any change to the information provided in the animal control facility license application within 30 days.

(2) If the change involves the responsible individual, the owner shall comply with the notification requirements in Regulation .13B of this chapter.

I. Inspection. An animal control facility issued an animal control facility license under this chapter may be periodically inspected by the:

(1) Board or the Board's designee; and

(2) MDH Office of Controlled Substances Administration (OCSA)

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.06 Responsible Individual.

A. Requirement. An animal control facility shall designate an individual as the responsible individual.

B. Eligibility and Qualifications.

(1) A responsible individual is an individual who:

(a) Is 21 years old or older;

(b) Is formally designated by the owner or the board of directors as the responsible individual to obtain controlled dangerous substances for the animal shelter; and

(c) Within 10 years of the date the individual was designated as the responsible individual, has not been convicted of a felony offense or a crime or infraction involving:

(i) Animal abuse or neglect; or

(ii) Controlled dangerous substances.

(2) The owner may be designated as the responsible individual for the animal control facility if the owner meets the requirements set forth in §B(1) of this regulation.

C. Duties and Responsibilities. The responsible individual shall:

(1) Be involved and present during the routine operations of the animal control facility;

(2) Successfully complete an approved euthanasia training course as set forth in Regulation .09 of this chapter;

(3) Establish and maintain a written manual of instructions for employees to follow when performing animal control procedures, including:

(a) Euthanasia;

(b) Sedation; and

(c) Any other form of chemical animal control;

(4) Ensure that employees who administer drugs to animals have obtained required training suitable to the setting in which they are required to perform work for the animal control facility;

(5) Designate the employees who are authorized to administer controlled dangerous substances and noncontrolled substances in the course of the activities of the animal control facility;

(6) Maintain and make available for inspection a current list of authorized employees;

(7) Ensure that the authorized employees only perform tasks and duties at the direction of the responsible individual or owner of the animal control facility; and

(8) Purchase and maintain the required controlled dangerous substances for use at the animal control facility.

D. The responsible individual shall maintain all controlled substances under that individual's authority in a properly secured and locked storage container when the responsible individual or an authorized employee is not in the same room with the drug.

E. Only the responsible individual may purchase controlled dangerous substances for the animal control facility.

Cross References

15.01.11.02B(8)

15.14.04.03B(12)(a)

15.14.04.13A(2)(a)

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.07 Authorized Employee — Duties and Responsibilities.

An authorized employee shall:

A. Meet the training requirements set forth in this chapter;

B. Follow the animal control procedures established and maintained by the owner or responsible individual;

C. Use controlled dangerous substances only as directed by the responsible individual;

D. Document the use of controlled dangerous substances as set forth in this chapter; and

E. Immediately report any discrepancies in the controlled dangerous substances record keeping to the responsible individual.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.08 Controlled Dangerous Substances — Registration Requirement.

Before a responsible individual may purchase controlled dangerous substances as an agent of the animal control facility, the animal control facility shall obtain and maintain CDS registration certificates from both the:

A. MDH Office of Controlled Substances Administration (OCSA); and

B. Federal DEA.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.09 Training Requirements.

A. An approved euthanasia training course shall include, but not be limited to, the following topics:

(1) Anatomy;

(2) Humane methods of euthanasia;

(3) Euthanizing wild or feral animals;

(4) Administering sedatives; and

(5) Verification of death.

B. The following organizations offer a Board-approved euthanasia course:

(1) The American Humane Association;

(2) National Animal Control Association; and

(3) The Professional Animal Workers of Maryland (PAWS).

C. In addition to successfully completing a euthanasia training course as set forth in §A of this regulation, training for an authorized employee who utilizes remote chemical capture equipment in a setting outside of an animal control facility shall include the following topics:

(1) Field chemical capture and immobilization;

(2) Proper use of field equipment, such as:

(a) Dart guns; and

(b) Restraint poles; and

(3) Personnel safety.

D. The following organizations offer a Board-approved chemical capture course:

(1) National Animal Control Association; and

(2) Safe Capture International.

E. Local, State, Regional, or National Courses.

(1) Local, State, regional, or national 2-day courses may be approved by the Board after the Board reviews the:

(a) Course content; and

(b) Instructor's knowledge of the topics covered.

(2) The following information shall be submitted to the Board for its review:

(a) Course curriculum;

(b) Instructor's biography; and

(c) Other information the Board determines necessary for course approval.

(3) Approval or denial for a 2-day course will be provided by the Board within 90 days after receipt of the information set forth in §E(2) of this regulation.

F. The Board may withdraw at any time its approval of a previously approved training course.

G. An owner shall submit proof of successful completion of training, as described in §§A—E of this regulation, for the responsible individual and each authorized employee:

(1) With each application for an animal control facility license; and

(2) Within 90 days of an employee's starting date if the employee was not employed at the time of application for an animal control facility license.

Cross References

15.14.04.06C(2)

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.10 Quality Standards.

A. An owner licensed under this chapter shall ensure that:

(1) A drug is not used beyond its stated expiration date;

(2) Outdated drugs are labeled as such and are kept in a separate place within a securely locked safe until they can be disposed of properly;

(3) Drug container labels are not:

(a) Changed;

(b) Removed; or

(c) Altered;

(4) Needles and syringes used by the animal control facility are:

(a) Of medical quality;

(b) Appropriately sized for the animal control procedure;

(c) Used for not more than three euthanasia administrations;

(d) Checked for burrs or other damage before each use;

(e) Disposed of in a manner that makes reuse impossible; and

(f) Securely stored when not in use;

(5) Drugs are not distributed to another animal control facility;

(6) Drug administration equipment is:

(a) Kept in good working order; and

(b) Maintained as recommended by the manufacturer;

(7) A dosage chart is available for each euthanasia solution or chemical restraint drug maintained at the animal control facility;

(8) Written response protocols are available for accidental exposure of humans to euthanasia solutions or chemical restraint drugs maintained at the registered animal shelter;

(9) Bulk inventories of controlled substances are stored in a safe in a room other than the euthanasia room;

(10) Unless an animal is sedated, a minimum of two individuals are present when performing an intravenous drug injection, including:

(a) An authorized employee; and

(b) One or more other individuals to assist the authorized employee as a handler; and

(11) An authorized employee documents animal control activities that involve controlled dangerous substances as set forth in this chapter.

B. Outdated drugs may be disposed of in one of the following ways:

(1) Administered to an animal after euthanasia;

(2) Returned to the supplier for credit or replacement; or

(3) Sent to a DEA-registered reverse distributor for destruction.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.11 Animal Control Record Keeping.

An owner licensed under this chapter shall ensure that:

A. Proper records of all animal control activities that involve the use of drugs are created and maintained;

B. A record of drugs used for animal control purposes received and used by an animal control facility are kept in a consecutively numbered bound book and meet the requirements of COMAR 10.19.03, including, but are not limited to:

(1) Inventory of all drug receipts;

(2) Drug administrations; and

(3) Any distributions of drugs;

C. The animal control and euthanasia records are maintained on the business premises for a period of at least 2 years;

D. The animal control facility records are filed and documented in chronological order to include, but not be limited to, the following information for each animal:

(1) Identification of the animal, including:

(a) Species; and

(b) Weight;

(2) Drugs administered;

(3) Amount of the drug that was used for the procedure;

(4) Initials of the person who administered the drug; and

(5) Date of euthanasia or control procedure; and

E. All records are kept for a period of 2 years from the purchase date of the drug.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.12 Training Substantiation.

A. An owner shall keep an accurate record of an employee's approved training courses.

B. The Board may request verification from an authorized employee or responsible individual concerning the employee's attendance at a Board-approved training course.

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland
COMAR 15.14.04.13 Penalties.

A. After giving an owner notice and an opportunity to be heard, the Board may impose a civil penalty instead of, or in addition to, suspending or revoking an animal control facility license if:

(1) The owner or responsible individual fails to comply with the Board's requirements set forth in this chapter; or

(2) The owner fails to either:

(a) Pay the annual fee required under Regulation .06 of this chapter; or

(b) Allow the Board to inspect the animal control facility during normal business hours.

B. Any license issued under this chapter is invalid for an owner whose designated responsible individual either ceases to qualify for that designation or leaves its employment, unless the owner has:

(1) Given the Board at least 2 weeks written notice of the proposed change of status of the designated responsible individual; and

(2) Submitted the name of a person who:

(a) Meets the requirements of this chapter for designation as the responsible individual; and

(b) Has been approved by the Board or its representative.

Cross References

15.14.04.05H(2)

History

  • Administrative History: Effective date: April 30, 1975 (2:9 Md. R. 678)
  • Administrative History: Chapter revised effective August 3, 1992 (19:15 Md. R. 1393)
  • Administrative History: Regulation .10 amended effective March 29, 1993 (20:6 Md. R. 584)
  • Administrative History: Regulation 10 amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: ——————
  • Administrative History: Chapter, Issuance of Permits for the Use of Sodium Pentobarbital, repealed and new Chapter, Animal Control Facility Licenses, adopted as an emergency provision effective October 31, 2008 (35:24 Md. R. 2070); adopted permanently effective March 9, 2009 (36:5 Md. R. 424)
  • Authority: Agriculture Article, §§2-304, 2-305, and 2-310.1, Annotated Code of Maryland

15.14.05 Health Certificate and Rabies Certificate for Companion Animals

COMAR 15.14.05.01 Definitions.

A. For the purpose of this chapter “companion animal” means any rabbit, bird, rodent, fish, reptile, amphibian, nonhuman primate, and other species of animal kept for pleasure rather than utility and accustomed to living in or about human habitation.

B. “Companion animal” also means any dog or cat, regardless of its utilitarian purpose.

C. “Companion animal” does not include:

(1) Horses, cattle, sheep, goats, swine, or poultry; or

(2) Any other animals kept for bona fide research or agricultural uses.

History

  • Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1308)
  • Administrative History: Regulations .02 and .03 amended effective November 18, 1977 (4:24 Md. R. 1808)
  • Administrative History: Regulation .02A amended effective December 2, 1996 (23:24 Md. R. 1683); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02B amended effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: Regulation .03 repealed and Regulation .04 recodified to Regulation .03 effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Regulation .04 amended effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: Regulation .05 adopted effective November 18, 1977 (4:24 Md. R. 1808)
  • Administrative History: Regulation .05 repealed and Regulation .06 recodified to Regulation .04 effective December 2, 1996 (23:24 Md. R. 1683)
  • Authority: Agriculture Article, §2-304, Annotated Code of Maryland
COMAR 15.14.05.02 Information on Certificate.

A. When issuing a health certificate or a rabies certificate for a companion animal, a veterinarian may not issue a blank or incomplete certificate. The veterinarian’s signature shall be:

(1) Handwritten by the veterinarian; or

(2) An electronic signature of the veterinarian, affixed at the direction of the treating veterinarian at the time of vaccination.

B. A health certificate shall contain (if applicable to the species), but not be limited to the following information:

(1) Date;

(2) Owner's name;

(3) Owner's address;

(4) Description of animal, including:

(a) Age;

(b) Sex;

(c) Breed if purebred, or predominant breed type if of mixed breeding;

(d) Family, such as canine, feline;

(5) Any pertinent medical history;

(6) Any vaccinations administered, including date and type.

History

  • Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1308)
  • Administrative History: Regulations .02 and .03 amended effective November 18, 1977 (4:24 Md. R. 1808)
  • Administrative History: Regulation .02A amended effective December 2, 1996 (23:24 Md. R. 1683); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02B amended effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: Regulation .03 repealed and Regulation .04 recodified to Regulation .03 effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Regulation .04 amended effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: Regulation .05 adopted effective November 18, 1977 (4:24 Md. R. 1808)
  • Administrative History: Regulation .05 repealed and Regulation .06 recodified to Regulation .04 effective December 2, 1996 (23:24 Md. R. 1683)
  • Authority: Agriculture Article, §2-304, Annotated Code of Maryland
COMAR 15.14.05.03 Certification of Health.

If the animal in question is to be shipped out of state, the signature of the veterinarian, who shall be accredited in Maryland, shall be preceded by the following certification:

I certify that I personally examined the animal(s) described hereon and have found same on this day to be free from visible signs of infectious, contagious, or communicable disease; that the results of any tests are as indicated above; that I am familiar with the stated entrance requirements of the state or county destination; and that this certificate is issued in compliance therewith.

History

  • Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1308)
  • Administrative History: Regulations .02 and .03 amended effective November 18, 1977 (4:24 Md. R. 1808)
  • Administrative History: Regulation .02A amended effective December 2, 1996 (23:24 Md. R. 1683); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02B amended effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: Regulation .03 repealed and Regulation .04 recodified to Regulation .03 effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Regulation .04 amended effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: Regulation .05 adopted effective November 18, 1977 (4:24 Md. R. 1808)
  • Administrative History: Regulation .05 repealed and Regulation .06 recodified to Regulation .04 effective December 2, 1996 (23:24 Md. R. 1683)
  • Authority: Agriculture Article, §2-304, Annotated Code of Maryland
COMAR 15.14.05.04 Scope of Authority of these Regulations.

Nothing contained within these regulations shall preempt, restrict, supersede, or duplicate the authority of the Secretary of Health in Health-General Article, Annotated Code of Maryland.

History

  • Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1308)
  • Administrative History: Regulations .02 and .03 amended effective November 18, 1977 (4:24 Md. R. 1808)
  • Administrative History: Regulation .02A amended effective December 2, 1996 (23:24 Md. R. 1683); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02B amended effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: Regulation .03 repealed and Regulation .04 recodified to Regulation .03 effective December 2, 1996 (23:24 Md. R. 1683)
  • Administrative History: Regulation .04 amended effective May 6, 1985 (12:9 Md. R. 814)
  • Administrative History: Regulation .05 adopted effective November 18, 1977 (4:24 Md. R. 1808)
  • Administrative History: Regulation .05 repealed and Regulation .06 recodified to Regulation .04 effective December 2, 1996 (23:24 Md. R. 1683)
  • Authority: Agriculture Article, §2-304, Annotated Code of Maryland
COMAR 15.14.06 [VACANT]

15.14.07 Minimum Standards for Mobile Veterinary Clinics

COMAR 15.14.07.01 Scope.

This chapter applies to any veterinarian who operates a mobile veterinary clinic offering or providing veterinary services for companion animals.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulation .01 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulations .02—.04 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: ——————
  • Administrative History: Chapter, Minimum Standards for Mobile Veterinary Clinics or House Call Practices repealed and new Regulations .01—.06 under Minimum Standards for Mobile Veterinary Clinics adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .07 adopted effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.07.02 Definitions.

“Mobile veterinary clinic” means a mobile unit in which veterinary services are provided to animals that are treated inside the mobile unit.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulation .01 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulations .02—.04 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: ——————
  • Administrative History: Chapter, Minimum Standards for Mobile Veterinary Clinics or House Call Practices repealed and new Regulations .01—.06 under Minimum Standards for Mobile Veterinary Clinics adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .07 adopted effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.07.03 Sanitation.

To the extent practicable, a veterinarian who operates a mobile clinic shall comply with the sanitation practices outlined in COMAR 15.14.03.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulation .01 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulations .02—.04 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: ——————
  • Administrative History: Chapter, Minimum Standards for Mobile Veterinary Clinics or House Call Practices repealed and new Regulations .01—.06 under Minimum Standards for Mobile Veterinary Clinics adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .07 adopted effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.07.04 Care of Medicine.

A veterinarian who operates a mobile clinic shall provide for the refrigeration and proper care of medicine to be used at the mobile clinic.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulation .01 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulations .02—.04 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: ——————
  • Administrative History: Chapter, Minimum Standards for Mobile Veterinary Clinics or House Call Practices repealed and new Regulations .01—.06 under Minimum Standards for Mobile Veterinary Clinics adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .07 adopted effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.07.05 Care of Equipment.

A veterinarian who operates a mobile clinic shall provide for the proper care of equipment and the proper hygiene of employees. Proper hygiene includes the washing of hands and the sanitizing of examination tables.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulation .01 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulations .02—.04 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: ——————
  • Administrative History: Chapter, Minimum Standards for Mobile Veterinary Clinics or House Call Practices repealed and new Regulations .01—.06 under Minimum Standards for Mobile Veterinary Clinics adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .07 adopted effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.07.06 Licensing Requirements.

A. A mobile veterinary clinic may not offer or provide veterinary services unless it has a valid hospital license.

B. The owner of more than one mobile veterinary clinic shall obtain a hospital license for each mobile clinic.

C. The licensing fee for a mobile veterinary clinic shall be the same as that required for a veterinary hospital.

D. The licensing requirements set forth in COMAR 15.14.03.01-1 also apply to mobile clinics.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulation .01 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulations .02—.04 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: ——————
  • Administrative History: Chapter, Minimum Standards for Mobile Veterinary Clinics or House Call Practices repealed and new Regulations .01—.06 under Minimum Standards for Mobile Veterinary Clinics adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .07 adopted effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.07.07 Surgery.

Surgery may not be performed at a mobile clinic unless the minimum standards set forth in COMAR 15.14.03.04 are met.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulation .01 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulations .02—.04 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: ——————
  • Administrative History: Chapter, Minimum Standards for Mobile Veterinary Clinics or House Call Practices repealed and new Regulations .01—.06 under Minimum Standards for Mobile Veterinary Clinics adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .07 adopted effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland
COMAR 15.14.07.08 Oxygen Delivery.

A suitably equipped area shall include a positive pressure oxygen delivery system for small animal patients where medically indicated, regardless of whether surgery is performed in the mobile veterinary clinic.

History

  • Administrative History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
  • Administrative History: Regulation .01 amended effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: Regulations .02—.04 repealed effective January 26, 1987 (14:2 Md. R. 130)
  • Administrative History: ——————
  • Administrative History: Chapter, Minimum Standards for Mobile Veterinary Clinics or House Call Practices repealed and new Regulations .01—.06 under Minimum Standards for Mobile Veterinary Clinics adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .07 adopted effective October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland

15.14.08 Licensing and Certification of Veterinarians from Another State or Foreign Jurisdiction

COMAR 15.14.08.01 Requirements for Licensing and Certification.

A. General Requirements. Subject to the provisions of this chapter, the Board may license and certify an applying veterinarian who:

(1) Is licensed:

(a) In another state; or

(b) In a foreign jurisdiction and is a graduate of a school accredited by the American Veterinary Medical Association;

(2) Has satisfied one of the following:

(a) Engaged in the clinical practice of veterinary medicine continuously for the preceding 5 years from application;

(b) Taught clinical veterinary medicine for the preceding 5 years from application at an institution accredited by the American Veterinary Medical Association; or

(c) Meets the requirements set forth in §B of this regulation;

(3) Has paid all appropriate fees; and

(4) Has passed the Board Examination, consisting of a notarized statement submitted to the Board, attesting to the fact that the applicant has read and comprehends the laws and regulations governing the practice of veterinary medicine in this State.

B. Alternative Requirements to Requisite Clinical Experience. Subject to §§C and D of this regulation, in addition to meeting the requirements set forth in §A(1), (3), and (4) of this regulation, an applying veterinarian who fails to meet either §A(2)(a) or (b) of this regulation shall meet the following requirements before being considered for licensure by the Board:

(1) The applicant has not been absent from the practice of clinical veterinary medicine for longer than 5 consecutive years prior to application;

(2) During the preceding 5-year period, the applicant has practiced clinical veterinary medicine for the equivalent of 3 full years, at a minimum;

(3) The applicant submits licensure verification, or letters of good standing, from all licensing boards with which the applicant is currently licensed, or has ever been licensed; and

(4) The applicant submits proof that during the 5-year period preceding application, the applicant maintained:

(a) The type of continuing education accredited by the Board, as provided in COMAR 15.14.10.04; and

(b) The minimum number of hours required of Maryland licensed veterinarians during the same time period.

C. Relocation Due to Government Service. If the applicant has not practiced clinical veterinary medicine for the equivalent of 3 full years during the 5-year period immediately preceding application to the Board in accordance with §B(2) of this regulation, the applicant shall submit proof to the Board of the following, as a substitute for the required years of clinical practice under §B(2) of this regulation:

(1) That either the applicant or the applicant's spouse served the government, and that this service resulted in relocation outside the United States; and

(2) One of the following:

(a) That the applicant has practiced clinical veterinary medicine for the equivalent of 10 full years over the applicant's veterinary career; or

(b) That during the preceding 5-year period, the applicant has practiced clinical veterinary medicine for the equivalent 1 full year, at a minimum.

D. Acquiring Additional Continuing Education Credits. If the applicant has not taken the requisite type and number of continuing education credits during the 5-year period preceding application in accordance with §B(4)(a) and (b) of this regulation, the applicant shall take, and submit proof of having completed, a sufficient number of continuing education hours that:

(1) Meet the requirements set forth in §B(4)(a) and (b) of this regulation; and

(2) Are clinically oriented or practical in nature.

E. An applicant shall submit proof of good moral character to the Board.

History

  • Administrative History: Effective date: June 15, 1979 (6:12 Md. R. 1053)
  • Administrative History: Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 23)
  • Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective May 18, 1987 (14:10 Md. R. 1172)
  • Administrative History: Regulation .01 amended effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .01 amended as an emergency provision effective September 17, 2007 (34:21 Md. R. 1911); amended permanently effective March 10, 2008 (35:5 Md. R. 642)
  • Authority: Agriculture Article, §2-304, Annotated Code of Maryland

15.14.09 Qualifications for Licensure, by Examination, as a Veterinarian

COMAR 15.14.09.01 Scope.

This chapter pertains to any individual applying to the State Board of Veterinary Medical Examiners for licensure, by examination, to practice veterinary medicine in this State.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective January 15, 1980 (7:2 Md. R. 112); adopted permanently effective March 21, 1980 (7:6 Md. R. 609)
  • Administrative History: Regulation .02 amended effective July 5, 1982 (9:13 Md. R. 1354); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .02E amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .03A amended effective January 23, 1981 (8:2 Md. R. 116); January 18, 1982 (9:1 Md. R. 23); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156); August 30, 1993 (20:17 Md. R. 1352)
  • Administrative History: Regulation .03C adopted effective February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .04 amended effective January 18, 1982 (9:1 Md. R. 23)
  • Administrative History: Regulation .05 amended effective January 18, 1982 (9:1 Md. R. 23); July 5, 1982 (9:13 Md. R. 1354); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06 amended effective July 5, 1982 (9:13 Md. R. 1354); November 22, 1982 (9:23 Md. R. 2261); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06C adopted effective June 1, 1987 (14:11 Md. R. 1261)
  • Administrative History: Regulation .07 repealed effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .07 adopted effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .07 amended effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .09B amended effective July 5, 1983 (10:13 Md. R. 1181)
  • Administrative History: Regulation .09C adopted effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .11 amended effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1519); revised permanently effective October 2, 2000 (27:19 Md. R.1729)
  • Administrative History: Regulations .01—.05 and .07 amended effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .02B amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .03 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulations .08—.10 repealed effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .08 adopted as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); adopted permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective June 29, 2007 (34:15 Md. R. 1347); revised permanently effective November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .02B amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03A amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03D amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .03E amended effective August 5, 2024 (51:15 Md. R. 711)
  • Administrative History: Regulation .04 amended effective July 11, 2011 (38:14 Md. R. 790)
  • Administrative History: Regulation .04B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05A, B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05B amended effective July 11, 2011 (38:14 Md. R. 790)
  • Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of Maryland
COMAR 15.14.09.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “AVMA” means the American Veterinary Medical Association.

(2) “BCSE” means the Basic and Clinical Sciences Examination, developed by the American Veterinary Medical Association's Educational Commission for Foreign Veterinary Graduates.

(3) “Board Examination” means the reading and comprehension of the laws and regulations governing the practice of veterinary medicine in Maryland.

(4) “CCT” means the Clinical Competency Test prepared by the Professional Testing Service.

(5) “CPE” means the Clinical Proficiency Examination given by the AVMA.

(6) “ECFVG” means the Educational Commission for Foreign Veterinary Graduates.

(7) “Evaluated clinical experience” means a minimum of a 12-month period during which a PAVE candidate is evaluated by clinical faculty at an AVMA-accredited veterinary college.

(8) “Foreign veterinary graduate” or “FVG” means an individual who has received a professional veterinary medical degree from an AVMA-listed veterinary college which is not approved or accredited by the American Veterinary Medical Association.

(9) “Maryland State Examination” means:

(a) The Board Examination and the NAVLE;

(b) The BCSE and CPE, if the applicant is an FVG; and

(c) Evaluated clinical experience, if the applicant is a PAVE graduate.

(10) “NAVLE” means the North American Veterinary Licensing Examination, produced by the National Board Examination Committee, assessing the applicant's practice competence for licensure as a veterinarian.

(11) “NBE” means the National Board Examination prepared by the Professional Examination Service.

(12) “NBVME” means the National Board of Veterinary Medical Examiners.

(13) “PAVE” means the Program for the Assessment of Veterinary Education Equivalence.

(14) “PAVE graduate” means an individual who has been issued a certificate by the Program for the Assessment of Veterinary Education Equivalence after successfully completing a minimum of 12 months of evaluated clinical experience at a veterinary college accredited by the American Veterinary Medical Association.

(15) “State Board” means the State Board of Veterinary Medical Examiners.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective January 15, 1980 (7:2 Md. R. 112); adopted permanently effective March 21, 1980 (7:6 Md. R. 609)
  • Administrative History: Regulation .02 amended effective July 5, 1982 (9:13 Md. R. 1354); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .02E amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .03A amended effective January 23, 1981 (8:2 Md. R. 116); January 18, 1982 (9:1 Md. R. 23); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156); August 30, 1993 (20:17 Md. R. 1352)
  • Administrative History: Regulation .03C adopted effective February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .04 amended effective January 18, 1982 (9:1 Md. R. 23)
  • Administrative History: Regulation .05 amended effective January 18, 1982 (9:1 Md. R. 23); July 5, 1982 (9:13 Md. R. 1354); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06 amended effective July 5, 1982 (9:13 Md. R. 1354); November 22, 1982 (9:23 Md. R. 2261); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06C adopted effective June 1, 1987 (14:11 Md. R. 1261)
  • Administrative History: Regulation .07 repealed effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .07 adopted effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .07 amended effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .09B amended effective July 5, 1983 (10:13 Md. R. 1181)
  • Administrative History: Regulation .09C adopted effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .11 amended effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1519); revised permanently effective October 2, 2000 (27:19 Md. R.1729)
  • Administrative History: Regulations .01—.05 and .07 amended effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .02B amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .03 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulations .08—.10 repealed effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .08 adopted as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); adopted permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective June 29, 2007 (34:15 Md. R. 1347); revised permanently effective November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .02B amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03A amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03D amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .03E amended effective August 5, 2024 (51:15 Md. R. 711)
  • Administrative History: Regulation .04 amended effective July 11, 2011 (38:14 Md. R. 790)
  • Administrative History: Regulation .04B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05A, B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05B amended effective July 11, 2011 (38:14 Md. R. 790)
  • Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of Maryland
COMAR 15.14.09.03 Maryland State Examination.

A. Subject Matter.

(1) The Maryland State Examination shall consist of the:

(a) Board Examination;

(b) NAVLE;

(c) BCSE and CPE, if the applicant is an FVG; and

(d) Evaluated clinical experience, if the applicant is a PAVE graduate.

(2) In lieu of a passing score on the NAVLE, the Board, as provided under §E(2) of this regulation, may accept an applicant's passing scores on the NBE and CCT.

B. Time and Place for Taking the NAVLE. The NBVME shall specify the times and locations for taking the NAVLE.

C. Passing Score for the NAVLE. The NBVME shall establish the passing score for the NAVLE. If the applicant passes the NAVLE, the applicant shall inform the NBVME to notify the State Board in writing of this accomplishment.

D. The Board Examination. To pass the Board Examination, an applicant shall read and comprehend the laws and regulations governing the practice of veterinary medicine in this State, and shall sign a statement before a notary public attesting to this fact or shall sign an online statement in conjunction with the Board’s online application process attesting to this fact with a signature that may be electronic.

E. State Board's Acceptance of Passing Scores on Previously Taken Tests.

(1) The NAVLE. If an applicant has previously taken and passed the NAVLE, the State Board shall accept the applicant’s passing score on it, if the passing score is not more than 7 years old. After this 7-year period, the applicant shall retake and pass the NAVLE to be eligible for licensure in this State, if the applicant does not meet the requirements set forth in COMAR 15.14.08 for veterinarians who are licensed in another state or foreign jurisdiction.

(2) NBE and CCT. If an applicant has previously taken and passed the NBE and CCT, the Board shall accept the applicant’s passing scores on these tests, if these scores are not more than 7 years old. After this 7-year period, the applicant shall take and pass the NAVLE to be eligible for licensure in this State, if the applicant does not meet the requirements set forth in COMAR 15.14.08 for veterinarians who are licensed in another state or foreign jurisdiction.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective January 15, 1980 (7:2 Md. R. 112); adopted permanently effective March 21, 1980 (7:6 Md. R. 609)
  • Administrative History: Regulation .02 amended effective July 5, 1982 (9:13 Md. R. 1354); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .02E amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .03A amended effective January 23, 1981 (8:2 Md. R. 116); January 18, 1982 (9:1 Md. R. 23); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156); August 30, 1993 (20:17 Md. R. 1352)
  • Administrative History: Regulation .03C adopted effective February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .04 amended effective January 18, 1982 (9:1 Md. R. 23)
  • Administrative History: Regulation .05 amended effective January 18, 1982 (9:1 Md. R. 23); July 5, 1982 (9:13 Md. R. 1354); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06 amended effective July 5, 1982 (9:13 Md. R. 1354); November 22, 1982 (9:23 Md. R. 2261); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06C adopted effective June 1, 1987 (14:11 Md. R. 1261)
  • Administrative History: Regulation .07 repealed effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .07 adopted effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .07 amended effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .09B amended effective July 5, 1983 (10:13 Md. R. 1181)
  • Administrative History: Regulation .09C adopted effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .11 amended effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1519); revised permanently effective October 2, 2000 (27:19 Md. R.1729)
  • Administrative History: Regulations .01—.05 and .07 amended effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .02B amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .03 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulations .08—.10 repealed effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .08 adopted as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); adopted permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective June 29, 2007 (34:15 Md. R. 1347); revised permanently effective November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .02B amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03A amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03D amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .03E amended effective August 5, 2024 (51:15 Md. R. 711)
  • Administrative History: Regulation .04 amended effective July 11, 2011 (38:14 Md. R. 790)
  • Administrative History: Regulation .04B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05A, B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05B amended effective July 11, 2011 (38:14 Md. R. 790)
  • Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of Maryland
COMAR 15.14.09.04 Application Process for Taking the Maryland State Examination.

A. Eligibility. To be eligible to take the Maryland State Examination, an examination applicant shall:

(1) Be graduated from an AVMA-accredited or approved school of veterinary medicine;

(2) Be within approximately 8 months of graduating from an AVMA-accredited or approved school of veterinary medicine on the date the examination is taken;

(3) If an FVG, be enrolled in, or have received a certificate from, the ECFVG program; or

(4) If a PAVE candidate, be enrolled in, or have received a certificate from, the PAVE.

B. Board Examination. To take the Board Examination, an applicant shall submit the following to the State Board within 1 year from the date the Board has received the application:

(1) A complete and notarized examination application on a form provided by the Board or an online examination application developed by the Board and submitted online with a signature that may be electronic;

(2) The application fee, as provided in COMAR 15.14.12.02, in the form of a check or money order, payable to the Maryland Department of Agriculture or in the form of an online credit card payment or other electronic payment submitted in conjunction with an online application developed by the Board;

(3) One 2-inch by 3-inch headshot photograph of the applicant, taken within 6 months of the application date, with the applicant's complete signature on the photograph or a headshot photograph of the applicant, taken within 6 months of the application date, that is uploaded with an online application developed by the Board and attested to as true and accurate with a signature that may be electronic; and

(4) The following information pertaining to the applicant's schooling:

(a) For the graduate of an AVMA-accredited or approved school of veterinary medicine, a school authenticated copy of the applicant's transcript or diploma, and, if applicable, an English translation;

(b) For the student within approximately 8 months of graduating from an AVMA-accredited or approved school of veterinary medicine, a letter from the school indicating the student's expected date of graduation;

(c) For the FVG:

(i) A school authenticated copy of the applicant's veterinary medical school transcript, and, if applicable, an English translation; and

(ii) An ECFVG certificate or, if currently enrolled in the ECFVG program, a letter from the school offering this program indicating the applicant's participation in it; and

(d) For the PAVE candidate:

(i) A school authenticated copy of the applicant’s veterinary medical school transcript or diploma and, if applicable, an English translation; and

(ii) A PAVE certificate or, if currently enrolled in the PAVE, a letter from the school offering this program indicating the applicant’s participation in it.

C. NAVLE.

(1) To sit for a scheduled NAVLE, an examination applicant shall submit to the NBVME, by a date specified by the NBVME, the following:

(a) The information specified under §B(4) of this regulation pertaining to the applicant's schooling, so that the NBVME may determine whether the applicant is eligible to take this examination;

(b) Completed NBVME application to take the NAVLE; and

(c) The requisite fees associated with taking the NAVLE.

(2) If the NBVME determines that the applicant is eligible to take the NAVLE, it shall notify the applicant.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective January 15, 1980 (7:2 Md. R. 112); adopted permanently effective March 21, 1980 (7:6 Md. R. 609)
  • Administrative History: Regulation .02 amended effective July 5, 1982 (9:13 Md. R. 1354); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .02E amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .03A amended effective January 23, 1981 (8:2 Md. R. 116); January 18, 1982 (9:1 Md. R. 23); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156); August 30, 1993 (20:17 Md. R. 1352)
  • Administrative History: Regulation .03C adopted effective February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .04 amended effective January 18, 1982 (9:1 Md. R. 23)
  • Administrative History: Regulation .05 amended effective January 18, 1982 (9:1 Md. R. 23); July 5, 1982 (9:13 Md. R. 1354); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06 amended effective July 5, 1982 (9:13 Md. R. 1354); November 22, 1982 (9:23 Md. R. 2261); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06C adopted effective June 1, 1987 (14:11 Md. R. 1261)
  • Administrative History: Regulation .07 repealed effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .07 adopted effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .07 amended effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .09B amended effective July 5, 1983 (10:13 Md. R. 1181)
  • Administrative History: Regulation .09C adopted effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .11 amended effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1519); revised permanently effective October 2, 2000 (27:19 Md. R.1729)
  • Administrative History: Regulations .01—.05 and .07 amended effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .02B amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .03 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulations .08—.10 repealed effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .08 adopted as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); adopted permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective June 29, 2007 (34:15 Md. R. 1347); revised permanently effective November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .02B amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03A amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03D amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .03E amended effective August 5, 2024 (51:15 Md. R. 711)
  • Administrative History: Regulation .04 amended effective July 11, 2011 (38:14 Md. R. 790)
  • Administrative History: Regulation .04B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05A, B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05B amended effective July 11, 2011 (38:14 Md. R. 790)
  • Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of Maryland
COMAR 15.14.09.05 License Issuance.

Except as otherwise provided under COMAR 15.14.08, the Board may not issue a license to practice veterinary medicine in this State to an applicant unless the applicant:

A. Passes the Maryland State Examination, including submission of the notarized statement or submission of an online electronic signature in conjunction with an online application attesting to the fact that the applicant has read, and comprehends, the laws and regulations governing the practice of veterinary medicine in this State;

B. Submits the following information pertaining to the applicant's schooling:

(1) For the graduate of an AVMA-accredited or approved school of veterinary medicine, a school authenticated copy of the applicant's transcript or diploma, and, if applicable, an English translation; or

(2) For the FVG:

(a) A school authenticated copy of the applicant's veterinary medical school transcript, and, if applicable, an English translation; and

(b) Either:

(i) A copy of the applicant's ECFVG certificate; or

(ii) A copy of the applicant’s PAVE certificate; and

C. Meets all other requirements specified by law.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective January 15, 1980 (7:2 Md. R. 112); adopted permanently effective March 21, 1980 (7:6 Md. R. 609)
  • Administrative History: Regulation .02 amended effective July 5, 1982 (9:13 Md. R. 1354); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .02E amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .03A amended effective January 23, 1981 (8:2 Md. R. 116); January 18, 1982 (9:1 Md. R. 23); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156); August 30, 1993 (20:17 Md. R. 1352)
  • Administrative History: Regulation .03C adopted effective February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .04 amended effective January 18, 1982 (9:1 Md. R. 23)
  • Administrative History: Regulation .05 amended effective January 18, 1982 (9:1 Md. R. 23); July 5, 1982 (9:13 Md. R. 1354); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06 amended effective July 5, 1982 (9:13 Md. R. 1354); November 22, 1982 (9:23 Md. R. 2261); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06C adopted effective June 1, 1987 (14:11 Md. R. 1261)
  • Administrative History: Regulation .07 repealed effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .07 adopted effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .07 amended effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .09B amended effective July 5, 1983 (10:13 Md. R. 1181)
  • Administrative History: Regulation .09C adopted effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .11 amended effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1519); revised permanently effective October 2, 2000 (27:19 Md. R.1729)
  • Administrative History: Regulations .01—.05 and .07 amended effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .02B amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .03 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulations .08—.10 repealed effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .08 adopted as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); adopted permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective June 29, 2007 (34:15 Md. R. 1347); revised permanently effective November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .02B amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03A amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03D amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .03E amended effective August 5, 2024 (51:15 Md. R. 711)
  • Administrative History: Regulation .04 amended effective July 11, 2011 (38:14 Md. R. 790)
  • Administrative History: Regulation .04B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05A, B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05B amended effective July 11, 2011 (38:14 Md. R. 790)
  • Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of Maryland
COMAR 15.14.09.06 ECFVG.

A. Until June 30, 2012, an applicant shall obtain the clinical portion of the ECFVG program in one of the following ways:

(1) Obtaining a passing score on a CPE approved by the ECFVG; or

(2) Completing 1 year of evaluated clinical experience at an AVMA-accredited or approved school of veterinary medicine if that evaluated clinical experience was completed by June 30, 2007.

B. After June 30, 2012, an applicant shall obtain the clinical portion of the ECFVG program by obtaining a passing score on a CPE approved by the ECFVG.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective January 15, 1980 (7:2 Md. R. 112); adopted permanently effective March 21, 1980 (7:6 Md. R. 609)
  • Administrative History: Regulation .02 amended effective July 5, 1982 (9:13 Md. R. 1354); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .02E amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .03A amended effective January 23, 1981 (8:2 Md. R. 116); January 18, 1982 (9:1 Md. R. 23); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156); August 30, 1993 (20:17 Md. R. 1352)
  • Administrative History: Regulation .03C adopted effective February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .04 amended effective January 18, 1982 (9:1 Md. R. 23)
  • Administrative History: Regulation .05 amended effective January 18, 1982 (9:1 Md. R. 23); July 5, 1982 (9:13 Md. R. 1354); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06 amended effective July 5, 1982 (9:13 Md. R. 1354); November 22, 1982 (9:23 Md. R. 2261); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06C adopted effective June 1, 1987 (14:11 Md. R. 1261)
  • Administrative History: Regulation .07 repealed effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .07 adopted effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .07 amended effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .09B amended effective July 5, 1983 (10:13 Md. R. 1181)
  • Administrative History: Regulation .09C adopted effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .11 amended effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1519); revised permanently effective October 2, 2000 (27:19 Md. R.1729)
  • Administrative History: Regulations .01—.05 and .07 amended effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .02B amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .03 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulations .08—.10 repealed effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .08 adopted as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); adopted permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective June 29, 2007 (34:15 Md. R. 1347); revised permanently effective November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .02B amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03A amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03D amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .03E amended effective August 5, 2024 (51:15 Md. R. 711)
  • Administrative History: Regulation .04 amended effective July 11, 2011 (38:14 Md. R. 790)
  • Administrative History: Regulation .04B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05A, B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05B amended effective July 11, 2011 (38:14 Md. R. 790)
  • Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of Maryland
COMAR 15.14.09.07 Notice of Pass or Fail of Maryland State Examination.

The Board shall notify each candidate if the candidate passes or fails the Maryland State Examination.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective January 15, 1980 (7:2 Md. R. 112); adopted permanently effective March 21, 1980 (7:6 Md. R. 609)
  • Administrative History: Regulation .02 amended effective July 5, 1982 (9:13 Md. R. 1354); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .02E amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .03A amended effective January 23, 1981 (8:2 Md. R. 116); January 18, 1982 (9:1 Md. R. 23); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156); August 30, 1993 (20:17 Md. R. 1352)
  • Administrative History: Regulation .03C adopted effective February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .04 amended effective January 18, 1982 (9:1 Md. R. 23)
  • Administrative History: Regulation .05 amended effective January 18, 1982 (9:1 Md. R. 23); July 5, 1982 (9:13 Md. R. 1354); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06 amended effective July 5, 1982 (9:13 Md. R. 1354); November 22, 1982 (9:23 Md. R. 2261); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06C adopted effective June 1, 1987 (14:11 Md. R. 1261)
  • Administrative History: Regulation .07 repealed effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .07 adopted effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .07 amended effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .09B amended effective July 5, 1983 (10:13 Md. R. 1181)
  • Administrative History: Regulation .09C adopted effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .11 amended effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1519); revised permanently effective October 2, 2000 (27:19 Md. R.1729)
  • Administrative History: Regulations .01—.05 and .07 amended effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .02B amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .03 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulations .08—.10 repealed effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .08 adopted as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); adopted permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective June 29, 2007 (34:15 Md. R. 1347); revised permanently effective November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .02B amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03A amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03D amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .03E amended effective August 5, 2024 (51:15 Md. R. 711)
  • Administrative History: Regulation .04 amended effective July 11, 2011 (38:14 Md. R. 790)
  • Administrative History: Regulation .04B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05A, B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05B amended effective July 11, 2011 (38:14 Md. R. 790)
  • Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of Maryland
COMAR 15.14.09.08 Taking Examination After Failure.

After failing the NAVLE, a candidate may take another examination by:

A. Making application directly to the NBVME; and

B. Meeting all other conditions as specified by the NBVME or its authorized representative.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.11 adopted as an emergency provision effective January 15, 1980 (7:2 Md. R. 112); adopted permanently effective March 21, 1980 (7:6 Md. R. 609)
  • Administrative History: Regulation .02 amended effective July 5, 1982 (9:13 Md. R. 1354); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .02E amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .03A amended effective January 23, 1981 (8:2 Md. R. 116); January 18, 1982 (9:1 Md. R. 23); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930); February 3, 1992 (19:2 Md. R. 156); August 30, 1993 (20:17 Md. R. 1352)
  • Administrative History: Regulation .03C adopted effective February 3, 1992 (19:2 Md. R. 156)
  • Administrative History: Regulation .04 amended effective January 18, 1982 (9:1 Md. R. 23)
  • Administrative History: Regulation .05 amended effective January 18, 1982 (9:1 Md. R. 23); July 5, 1982 (9:13 Md. R. 1354); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06 amended effective July 5, 1982 (9:13 Md. R. 1354); November 22, 1982 (9:23 Md. R. 2261); November 7, 1983 (10:22 Md. R. 1968); October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .06C adopted effective June 1, 1987 (14:11 Md. R. 1261)
  • Administrative History: Regulation .07 repealed effective July 5, 1982 (9:13 Md. R. 1354)
  • Administrative History: Regulation .07 adopted effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .07 amended effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .09B amended effective July 5, 1983 (10:13 Md. R. 1181)
  • Administrative History: Regulation .09C adopted effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .11 amended effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1519); revised permanently effective October 2, 2000 (27:19 Md. R.1729)
  • Administrative History: Regulations .01—.05 and .07 amended effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .02B amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .03 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04 amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulations .08—.10 repealed effective June 25, 2001 (28:12 Md. R. 1112)
  • Administrative History: Regulation .08 adopted as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); adopted permanently effective December 7, 2006 (33:24 Md. R. 1906)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective June 29, 2007 (34:15 Md. R. 1347); revised permanently effective November 5, 2007 (34:22 Md. R. 1979)
  • Administrative History: Regulation .02B amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03A amended effective July 11, 2011 (38:14 Md. R. 790); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03D amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .03E amended effective August 5, 2024 (51:15 Md. R. 711)
  • Administrative History: Regulation .04 amended effective July 11, 2011 (38:14 Md. R. 790)
  • Administrative History: Regulation .04B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05A, B amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .05B amended effective July 11, 2011 (38:14 Md. R. 790)
  • Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of Maryland

15.14.10 Continuing Education Requirements

COMAR 15.14.10.01 Scope.

These regulations apply to any person licensed to practice veterinary medicine in the State.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulation .02C adopted effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 21, 1991 18:12 Md. R. 1318); emergency status extended at 18:16 Md. R. 1809 (August 9, 1991); amended permanently effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .03 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03A amended effective October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04C amended effective July 28, 1997 (24:15 Md. R. 1062)
  • Administrative History: Regulation .04D amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .05 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .06 amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05D amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05E amended effective July 16, 2018 (45:14 Md. R. 698); March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §§2-304(a)(1) and 2-306(a)(2), Annotated Code of Maryland
COMAR 15.14.10.02 Definitions.

A. “Board” means the State Board of Veterinary Medical Examiners.

B. “Continuing education courses” means courses that offer credit hours and includes seminars, lectures, conferences, workshops, and other programs that offer credit hours.

C. “Credit hour” means 1 program hour.

D. “Unused credit hour” means a credit hour which a practitioner earned in a given licensing year but did not use toward fulfilling the continuing professional education requirement for that year.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulation .02C adopted effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 21, 1991 18:12 Md. R. 1318); emergency status extended at 18:16 Md. R. 1809 (August 9, 1991); amended permanently effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .03 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03A amended effective October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04C amended effective July 28, 1997 (24:15 Md. R. 1062)
  • Administrative History: Regulation .04D amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .05 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .06 amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05D amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05E amended effective July 16, 2018 (45:14 Md. R. 698); March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §§2-304(a)(1) and 2-306(a)(2), Annotated Code of Maryland
COMAR 15.14.10.03 New License.

A. A practitioner is exempt from providing proof to the Board of having met the continuing education requirement for 12 months from the license issuance date if:

(1) The practitioner is registering the veterinary license for the first time; and

(2) Reinstatement of the license is not required.

B. If a practitioner fails to register the veterinary license within 12 months following notification from the Board of having met the legal requirements for licensure, the practitioner shall meet the legal requirements for licensure, as provided in COMAR 15.14.08 or 15.14.09, as applicable.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulation .02C adopted effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 21, 1991 18:12 Md. R. 1318); emergency status extended at 18:16 Md. R. 1809 (August 9, 1991); amended permanently effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .03 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03A amended effective October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04C amended effective July 28, 1997 (24:15 Md. R. 1062)
  • Administrative History: Regulation .04D amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .05 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .06 amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05D amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05E amended effective July 16, 2018 (45:14 Md. R. 698); March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §§2-304(a)(1) and 2-306(a)(2), Annotated Code of Maryland
COMAR 15.14.10.04 License Renewal.

A. Except as provided in §B of this regulation, the Board may not renew a practitioner's license unless that practitioner has earned 18 credit hours of continuing professional education during the:

(1) 12 months preceding the beginning of the new licensing year; or

(2) 24 months preceding the beginning of the new licensing year provided, however, that any credit hours earned before the 12 months preceding the beginning of the new licensing year are unused credit hours.

B. The Board may conditionally renew a practitioner's license even though the requirements of §A of this regulation have not been met if the practitioner submits to the Board:

(1) Satisfactory proof that these requirements reasonably cannot be met because of exigent circumstances, such as meeting or recently completing an armed services commitment; and

(2) A plan showing that the practitioner will, within a reasonable period of time, complete the requirements of §A of this regulation.

Cross References

15.14.01.11E(4)

15.14.08.01B(4)(a)

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulation .02C adopted effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 21, 1991 18:12 Md. R. 1318); emergency status extended at 18:16 Md. R. 1809 (August 9, 1991); amended permanently effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .03 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03A amended effective October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04C amended effective July 28, 1997 (24:15 Md. R. 1062)
  • Administrative History: Regulation .04D amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .05 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .06 amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05D amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05E amended effective July 16, 2018 (45:14 Md. R. 698); March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §§2-304(a)(1) and 2-306(a)(2), Annotated Code of Maryland
COMAR 15.14.10.05 Accreditation.

A. Accreditation by the Board of continuing education courses will be based only upon program content.

B. A minimum of 12 hours of continuing education courses shall be directed toward improvement, advancement, and extension of professional skill and knowledge relating to the practice of veterinary medicine. These courses shall have significant intellectual or practical content dealing primarily with information on skills directly related to the practice of veterinary medicine.

C. A maximum of 6 credit hours of continuing education courses may be directed toward non-scientific subjects relating to the practice of veterinary medicine, such as:

(1) Practice management concepts;

(2) Communication skills;

(3) State regulatory programs; or

(4) Federal regulatory programs.

D. Credit hours may be approved for the following:

(1) Continuing education courses given by a college of veterinary medicine approved by the American Veterinary Medical Association;

(2) Lectures and scheduled courses at national and regional meetings of the American Veterinary Medical Association;

(3) Continuing education courses given or arranged by the Maryland Veterinary Medical Association;

(4) Continuing education courses given or arranged by North American Veterinary Conference, Western Veterinary Conference, Central Veterinary Conference, or American Animal Hospital Association; and

(5) Local, State, regional, or national continuing education courses including postgraduate studies, institutes, seminars, lectures, conferences, workshops, extension studies, or other continuing education courses as approved by the Board. Requests for approval of postgraduate studies and extension studies shall be submitted to the Board no fewer than 60 days before the expiration of the veterinarian’s registration certificate.

E. Approved credit hours may be obtained through available online continuing education courses.

F. After review of course content, the Board may withdraw its approval of a previously accredited continuing education course.

G. A practitioner may apply any unused credit hours earned in a given licensing year toward fulfilling the following year's continuing professional education requirement.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulation .02C adopted effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 21, 1991 18:12 Md. R. 1318); emergency status extended at 18:16 Md. R. 1809 (August 9, 1991); amended permanently effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .03 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03A amended effective October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04C amended effective July 28, 1997 (24:15 Md. R. 1062)
  • Administrative History: Regulation .04D amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .05 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .06 amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05D amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05E amended effective July 16, 2018 (45:14 Md. R. 698); March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §§2-304(a)(1) and 2-306(a)(2), Annotated Code of Maryland
COMAR 15.14.10.06 Credit Substantiation.

A. A practitioner shall keep an accurate attendance record of approved continuing education courses.

B. The Board may request verification from a practitioner concerning his or her attendance at any continuing education course.

C. If a practitioner reports false or misleading information to the Board, that practitioner may be subject to Board discipline following a hearing.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulation .02C adopted effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 21, 1991 18:12 Md. R. 1318); emergency status extended at 18:16 Md. R. 1809 (August 9, 1991); amended permanently effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .03 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03A amended effective October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04C amended effective July 28, 1997 (24:15 Md. R. 1062)
  • Administrative History: Regulation .04D amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .05 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .06 amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05D amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05E amended effective July 16, 2018 (45:14 Md. R. 698); March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §§2-304(a)(1) and 2-306(a)(2), Annotated Code of Maryland
COMAR 15.14.10.07 Failure to Meet Requirements.

A practitioner who fails to meet the continuing education requirements of this chapter may not practice veterinary medicine in the State. However, if a practitioner intends to practice veterinary medicine over the next licensing period, the practitioner shall renew the practitioner's registration not later than June 30 of each year by submitting to the Board proof of compliance with the requirements of this chapter.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulation .02C adopted effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 21, 1991 18:12 Md. R. 1318); emergency status extended at 18:16 Md. R. 1809 (August 9, 1991); amended permanently effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .03 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .03A amended effective October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); October 5, 2009 (36:20 Md. R. 1532)
  • Administrative History: Regulation .04C amended effective July 28, 1997 (24:15 Md. R. 1062)
  • Administrative History: Regulation .04D amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .05 amended effective March 16, 1992 (19:5 Md. R. 579)
  • Administrative History: Regulation .06 amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .02 amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05D amended effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .05E amended effective July 16, 2018 (45:14 Md. R. 698); March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §§2-304(a)(1) and 2-306(a)(2), Annotated Code of Maryland

15.14.11 Civil Penalty Standards for Veterinarians

COMAR 15.14.11.01 Scope.

This chapter establishes standards which determine the penalty for any licensed veterinarian who violates any statute or Board regulation governing the practice of veterinary medicine in this State.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulations .03 and .04 amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective September 12, 2005 (32:8 Md. R. 1521)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850)
  • Administrative History: Regulation .04 amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .04C amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Authority: Agriculture Article, §2-310.1, Annotated Code of Maryland
COMAR 15.14.11.02 Penalty When License Suspended or Revoked.

After a hearing, the Board may impose a penalty on a veterinarian:

A. Instead of or in addition to suspending a veterinarian's license; or

B. In addition to revoking a veterinarian's license.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulations .03 and .04 amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective September 12, 2005 (32:8 Md. R. 1521)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850)
  • Administrative History: Regulation .04 amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .04C amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Authority: Agriculture Article, §2-310.1, Annotated Code of Maryland
COMAR 15.14.11.03 Violations.

The Board may impose a penalty on a veterinarian who does any of the following:

A. Fails to provide direct supervision for employees;

B. Practices veterinary medicine without a current registration;

C. Operates a veterinary hospital without a veterinary hospital license;

D. Fails to conform to minimum sanitary standards for veterinary facilities;

E. Conducts a veterinary practice in a manner which violates professional and ethical standards;

F. Violates a Board regulation after receiving a license;

G. Engages in false or misleading advertising;

H. Obtains a license to practice veterinary medicine by fraud or misrepresentation;

I. Employs or permits an unlicensed person to practice veterinary medicine;

J. Employs or permits a veterinarian who does not possess a current veterinary registration to practice veterinary medicine;

K. Practices veterinary medicine without a valid license issued by the Board;

L. Conducts a veterinary practice incompetently;

M. Violates any federal or State law relating to narcotic drugs;

N. Is convicted of a felony, or of a crime involving moral turpitude;

O. Is deliberately cruel to an animal; or

P. Is grossly negligent in the practice of veterinary medicine.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulations .03 and .04 amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective September 12, 2005 (32:8 Md. R. 1521)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850)
  • Administrative History: Regulation .04 amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .04C amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Authority: Agriculture Article, §2-310.1, Annotated Code of Maryland
COMAR 15.14.11.04 Classification of Violations for the Purpose of Determining Penalties.

A. For a violation of Regulation .03A—F of this chapter, a penalty may be imposed by the Board considering the nature and gravity of each violation consistent with the following standards:

(1) For the first violation, a penalty of not less than $300 or more than $3,000;

(2) For the second violation, a penalty of not less than $600 or more than $6,000;

(3) For the third and any subsequent violation, a penalty of not less than $3,000 or more than $10,000.

B. For a violation of Regulation .03G-J, a penalty may be imposed by the Board considering the nature and gravity of each violation consistent with the following standards:

(1) For the first violation, a penalty of not less than $600 or more than $5,000;

(2) For the second violation, a fine of not less than $3,000 or more than $10,000;

(3) For the third and any subsequent violation, a penalty of not less than $6,000 or more than $10,000.

C. For a violation of Regulation .03K—P of this chapter, a penalty may be imposed by the Board considering the nature and gravity of each violation consistent with the following standards:

(1) For the first violation, a penalty of not less than $3,000 or more than $5,000;

(2) For the second violation, a penalty of not less than $6,000 or more than $10,000;

(3) For the third and any subsequent violation, a penalty of not less than $8,000 or more than $10,000.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulations .03 and .04 amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective September 12, 2005 (32:8 Md. R. 1521)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850)
  • Administrative History: Regulation .04 amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .04C amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Authority: Agriculture Article, §2-310.1, Annotated Code of Maryland
COMAR 15.14.11.05 Appeal.

A veterinarian may appeal the Board's decision to impose a penalty as provided in Agriculture Article, § 2-405, Annotated Code of Maryland. A veterinarian shall be notified of this right to appeal.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulations .03 and .04 amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective September 12, 2005 (32:8 Md. R. 1521)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850)
  • Administrative History: Regulation .04 amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .04C amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Authority: Agriculture Article, §2-310.1, Annotated Code of Maryland
COMAR 15.14.11.06 Penalty Payment.

Unless a veterinarian appeals, the amount of a penalty shall be paid promptly to the Board.

History

  • Administrative History: Effective date: January 23, 1981 (8:2 Md. R. 117)
  • Administrative History: Regulations .03 and .04 amended effective November 7, 1983 (10:22 Md. R. 1968)
  • Administrative History: Regulation .03 amended effective September 12, 2005 (32:8 Md. R. 1521)
  • Administrative History: Regulation .03 amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850)
  • Administrative History: Regulation .04 amended effective June 29, 2009 (36:13 Md. R. 900); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .04B, C amended as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Administrative History: Regulation .04C amended effective September 12, 2005 (32:18 Md. R. 1521)
  • Authority: Agriculture Article, §2-310.1, Annotated Code of Maryland

15.14.12 Fees

COMAR 15.14.12.01 Scope.

This chapter governs all applicants for licenses or registration, licensees, and permit holders.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01 and .02 adopted as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); adopted permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .02 amended effective June 29, 2009 (36:13 Md. R. 900); April 2, 2012 (39:6 Md. R. 410); March 16, 2015 (42:5 Md. R. 487); July 1, 2016 (42:26 Md. R. 1596); April 15, 2024 (51:7 Md. R. 334)
  • Administrative History: Regulation .02G, H amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §2-303, Annotated Code of Maryland
COMAR 15.14.12.02 Fees.

The following fees are established by the Board of Veterinary Medical Examiners:

A. Initial registration fee for newly licensed and newly reinstated veterinarians:

(1) Between July 1 and December 31 — $300;

(2) Between January 1 and June 30 — $150.

B. Annual registration renewal fee —$300;

C. Veterinarian late registration fee — (additional) — $200;

D. Veterinarian reinstatement fee — $300;

E. Veterinarian State Board examination fee — $300;

F. Veterinary technician application fee — $100;

G. Veterinary technician registration fee (triennial) — $100;

H. Veterinary hospital license fee (annual) — $300;

I. Veterinary hospital late fee - (additional) — $200;

J. Animal control facility license (annual) — $100; and

K. Letter of good standing fee — $25.

Cross References

15.14.01.11A(2)

15.14.01.11E(5)

15.14.01.11E(6)

15.14.03.08

15.14.09.04B(2)

15.14.13.03C(2)

15.14.13.11A(3)

15.14.13.12A(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01 and .02 adopted as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); adopted permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .02 amended effective June 29, 2009 (36:13 Md. R. 900); April 2, 2012 (39:6 Md. R. 410); March 16, 2015 (42:5 Md. R. 487); July 1, 2016 (42:26 Md. R. 1596); April 15, 2024 (51:7 Md. R. 334)
  • Administrative History: Regulation .02G, H amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §2-303, Annotated Code of Maryland

15.14.13 Qualifications for Examination and Registration of a Veterinary Technician

COMAR 15.14.13.01 Scope.

This chapter applies to any person who makes application to the State Board of Veterinary Medical Examiners to be registered as a veterinary technician.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “AAVSB” means the American Association of Veterinary State Boards.

(2) “AVMA” means the American Veterinary Medical Association.

(3) “Board” means the State Board of Veterinary Medical Examiners.

(4) “Candidate for graduation” means a student who:

(a) Is within approximately 3 months of graduating college with a degree in veterinary technology; and

(b) Has a letter sent from the college to the Board’s office, indicating the student’s expected date of graduation.

(5) “Committee” means the Veterinary Technician Committee of the State Board of Veterinary Medical Examiners.

(6) “Maryland State Veterinary Technician Examination” means both the Veterinary Technician National Examination, and the State Board Examination for becoming a registered veterinary technician.

(7) “PES” means the Professional Examination Service.

(8) “Registered veterinary technician” means a person who is registered with the Board as a veterinary technician.

(9) “VTNE” means the Veterinary Technician National Examination.

Cross References

15.14.13.11A(4)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.03 Qualifications for Examination.

A. Eligibility Requirements for Graduates or Candidates for Graduation From Veterinary Technology Programs. To be eligible to take the State Board Examination, an examination applicant shall provide a final transcript from a school showing that the applicant is a graduate or candidate for graduation from a veterinary technology program approved by the AVMA.

B. Eligibility Requirements for Applicants Who do not Meet the Educational Criteria Set Forth in §A of this Regulation. To be eligible to take the State Board Examination, an examination applicant shall provide:

(1) A school-authenticated transcript showing the applicant to be a holder of an associate’s degree or above, which includes a minimum of three credits with a passing grade of C or above in each of the following college level courses:

(a) Biology I;

(b) Biology II;

(c) Microbiology;

(d) Chemistry;

(e) Anatomy and Physiology I; and

(f) Anatomy and Physiology II.

(2) Proof of completion of 10,000 hours of work experience as a technician, with a signed affidavit from a supervising veterinarian specifying the number of hours worked and the dates worked;

(3) A Maryland Technician Skill Assessment completed by a licensed veterinarian;

(4) Proof of having completed a minimum of 24 hours of veterinary technician continuing education; and

(5) Proof of having completed a minimum of 24 hours of work as a veterinary technician in a veterinary emergency facility.

C. Board Examination. To take the State Board Examination, an applicant shall submit the following to the State Board within 1 year from the date the Board has received the application:

(1) A complete and notarized examination application on a form provided by the Board or an online examination application developed by the Board and submitted online with a signature that may be electronic;

(2) The application fee, as provided in COMAR 15.14.12.02, in the form of a check or money order, payable to the State Board of Veterinary Medical Examiners or in the form of an online credit card payment or other electronic means deemed practical by the Board and submitted in conjunction with an online application developed by the Board;

(3) A 2-inch by 3-inch headshot photograph of the applicant taken within 6 months of the application date, with the applicant's complete signature on the photograph or an electronic headshot photograph of the applicant taken within 6 months of the application date that is uploaded with an online application developed by the Board and attested to as true and accurate with a signature that may be electronic; and

(4) One of the following documents:

(a) A final transcript from a school, as set forth in §A of this regulation; or

(b) Proof of completion of certain coursework, as set forth in §B of this regulation.

D. Unless timely filed and complete, an examination application shall be denied.

E. VTNE.

(1) Graduate of an AVMA-Accredited Program.

(a) To sit for a scheduled VTNE, an examination applicant who has graduated from an AVMA-accredited program shall submit to the AAVSB, by a date specified by the AAVSB, the following:

(i) The information specified under §A(1)(a) of this regulation pertaining to the applicant’s schooling, so that the AAVSB may determine whether the applicant is eligible to take this examination;

(ii) A completed AAVSB application to take the VTNE; and

(iii) The requisite fees associated with taking the VTNE.

(b) If the AAVSB determines that the applicant is eligible to take the VTNE, it shall notify the applicant.

(2) Other Type Graduate.

(a) To sit for a scheduled VTNE, an examination applicant who meets the eligibility requirements set forth in §B of this regulation shall have the school from which the applicant graduated submit to the Board a school authenticated copy of the applicant’s final transcript and, if applicable, an English translation, for its review. The applicant shall also provide the following information in writing to the Board:

(i) Name of applicant; and

(ii) Telephone number or email address of applicant.

(b) If the Board determines that the applicant is eligible to take the VTNE, it shall notify the applicant and the AAVSB.

(c) Upon notification of eligibility to take the VTNE, the applicant shall submit the following to the AAVSB:

(i) A completed AAVSB application to take the VTNE; and

(ii) The requisite fees associated with taking the VTNE.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.04 Maryland Examination — Time and Place.

The AAVSB shall specify the times and locations for taking the VTNE.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.05 Maryland State Examination — Subject Matter.

A. Exam Format. The Maryland State Veterinary Technician Examination is divided into two parts:

(1) The VTNE; and

(2) The State Board Examination.

B. The VTNE, written by veterinarians and veterinary technicians affiliated with the AAVSB, AVMA, the National Association of Veterinary Technicians of America and the Canadian Association of Animal Health Technologists and Technicians, tests a candidate's general knowledge on subjects relating to veterinary technology.

C. To pass the State Board Examination, an applicant shall:

(1) Read and comprehend the laws and regulations governing registered veterinary technicians in this State; and

(2) Sign a statement before a notary public or provide an electronic signature in conjunction with an online application developed by the Board attesting to this fact.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.06 Examination — Passing Grade.

A. A candidate shall pass the VTNE. The VTNE shall be administered for those candidates who have not previously taken and passed the VTNE. Candidates who have previously taken and passed the VTNE shall provide the Committee with a report from the AAVSB’s Veterinary Information Verifying Agency showing that the candidate has passed the VTNE.

B. Passing Score for the VTNE. The PES shall establish the passing score for the VTNE.

C. State Board's Acceptance of Passing Scores on Previously Taken Tests. If an applicant has previously taken and passed the Maryland State Veterinary Technician Examination, the State Board shall accept the applicant's score if the score is not more than 5 years old. After this 5-year period, the applicant shall take and pass this examination to be a registered veterinary technician if the applicant does not meet the qualifications set forth in Regulation .11 of this chapter for veterinary technicians who have practiced in another state or foreign jurisdiction.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.07 Notice of Pass or Fail of VTNE.

The AAVSB shall notify each candidate if the candidate passes or fails. Upon request, a candidate may be given the candidate's grade.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.08 Taking Examination After Failure.

After a failure on the VTNE, a candidate may take another examination by:

A. Making application directly to the AAVSB; and

B. Meeting all other conditions as specified by the AAVSB or its authorized representative.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.09 Fee Refunds.

A. The fee associated with the State Board Examination is non-refundable.

B. The fee associated with the VTNE shall be refunded in accordance with AAVSB’s policy on refunds.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.10 Registration.

The Board shall register an applicant as a registered veterinary technician who:

A. Meets the requirements of this chapter;

B. Meets the Committee's educational requirements;

C. Passes the Committee's examination;

D. Is of good moral character; and

E. Is at least 18 years old.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.11 Requirements of Veterinary Technicians from Another State or Foreign Jurisdiction.

A. Subject to the provisions of this regulation, the Board may register an applying veterinary technician who submits proof of meeting the following requirements:

(1) Is registered in another state or a foreign jurisdiction and is a graduate of a school accredited by the American Veterinary Medical Association;

(2) Has been employed in a clinical practice as a veterinary technician continuously for the 5 years preceding application;

(3) Has paid all appropriate fees, as provided in COMAR 15.14.12.02; and

(4) Has passed the Maryland State Veterinary Technician Examination, as defined in Regulation .02B(6) of this chapter.

B. An applicant shall submit proof of good moral character to the Board.

Cross References

15.14.13.06C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.12 Registration Renewal.

A. A registration is issued for 3 years and expires on June 30 on the third year after the date issued, unless the applicant renews the applicant's registration by:

(1) Submitting a renewal application on the form that the Committee requires;

(2) Paying to the Board a renewal fee, as provided in COMAR 15.14.12.02; and

(3) Satisfactorily completing Committee-approved continuing education requirements, as provided in COMAR 15.14.16.

B. The Board shall renew a lapsed registration of less than 5 years, if the applicant:

(1) Submits a renewal application in a manner the Board requires;

(2) Submits proof of satisfactorily completing at least 8 hours of Committee-approved continuing educational requirements, as provided in COMAR 15.14.16, for each year the registration is considered to be lapsed;

(3) Pays to the Board a renewal fee; and

(4) Is otherwise entitled to be registered.

C. The Board shall reinstate a lapsed registration of 5 years or more if the applicant:

(1) Submits a reinstatement application in a manner the Board requires;

(2) Submits proof of satisfactorily completing at least 8 hours of Committee-approved continuing educational requirements, as provided in COMAR 15.14.16, for each year the registration is considered to be lapsed;

(3) Pays to the Board a reinstatement fee; and

(4) Submits letters of good standing, as applicable, from any other state veterinary boards under which the applicant is, or has been, registered.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.13 Duties and Restrictions on Registered Veterinary Technicians.

A. A registered veterinary technician may not:

(1) Diagnose;

(2) Offer prognosis;

(3) Prescribe:

(a) Drugs;

(b) Medication;

(c) Appliances;

(4) Perform surgery; or

(5) Initiate treatment without prior instruction by a veterinarian.

B. A registered veterinary technician may perform the following procedures under the responsible direct supervision of a veterinarian:

(1) Inducing anesthesia by intramuscular injection;

(2) Applying casts and splints;

(3) Simple dental extractions of loose teeth that do not involve flaps or tooth sectioning;

(4) Suturing of existing surgical skin or gingival incisions; and

(5) Accessing a small working stock of Schedule II drugs under separate lock.

C. A registered veterinary technician may perform anesthetic induction by inhalation or intravenous injection if the veterinarian is able to maintain direct visual supervision of the technician’s performance.

D. A registered veterinary technician may administer medication and render other auxiliary or supporting assistance not referenced in §B of this regulation under the responsible direct supervision of a licensed veterinarian.

E. Emergency Conditions.

(1) Under emergency conditions only, the following activities may be performed by a registered veterinary technician before a veterinarian’s initial examination of an animal:

(a) Provide supportive care and first aid; and

(b) Follow written protocols for specific conditions, as established by the veterinarian.

(2) If a veterinarian is not available to perform an initial examination of an animal that is presented as an emergency, a registered veterinary technician shall notify the animal’s owner of the:

(a) Veterinarian’s unavailability;

(b) Estimated time of arrival of the veterinarian; and

(c) Estimated distance to another veterinary hospital.

F. If employed at a veterinary hospital, a veterinary technician shall display at that facility the registration that the Board issued to the veterinary technician.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.13.14 Sanctions.

The Board may refuse to register an applicant, suspend or revoke the registration, reprimand and censure, or place on probation any registered veterinary technician, if the registered veterinary technician:

A. Practices veterinary medicine;

B. Fraudulently or deceptively obtains a registration;

C. Is professionally, physically, or mentally incompetent;

D. Acts in an unprofessional or immoral manner;

E. Is convicted of a felony or a crime involving moral turpitude;

F. Is convicted of a violation of any federal or State law relating to narcotic drugs;

G. Is grossly negligent or deliberately cruel to an animal;

H. Violates any provision of:

(1) Agriculture Article, §2-309, Annotated Code of Maryland,

(2) This chapter; or

I. Is determined by the Board to be incompetent as a registered veterinary technician.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.13 adopted as an emergency provision effective March 13, 1985 (12:7 Md. R. 696); emergency status expired June 1, 1985; adopted permanently effective October 7, 1985 (12:20 Md. R. 1930)
  • Administrative History: Regulation .02B amended effective July 27, 1998 (25:15 Md. R. 1194); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended effective October 11, 1993 (20:20 Md. R. 1573); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .03A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .04 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05A, B amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .05C amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .06A amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06B amended effective March 20, 1989 (16:5 Md. R. 630); March 9, 1998 (25:5 Md. R. 370); December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .06C adopted effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .08 amended effective December 12, 2002 (29:24 Md. R. 1920)
  • Administrative History: Regulation .10 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .11A amended effective October 11, 1993 (20:20 Md. R. 1573)
  • Administrative History: Regulation .11A amended as an emergency provision effective May 24, 2004 (31:12 Md. R. 908); amended permanently effective September 13, 2004 (31:18 Md. R. 1351)
  • Administrative History: Regulation .12 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: Regulation .12B amended and C adopted effective December 2, 1996 (23:24 Md. R. 1684)
  • Administrative History: Regulation .12D adopted effective March 9, 1998 (25:5 Md. R. 370)
  • Administrative History: Regulation .13 amended effective July 27, 1998 (25:15 Md. R. 1194)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2005 (32:26 Md. R. 1994); revised permanently effective February 27, 2006 (33:4 Md. R. 353)
  • Administrative History: Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 433); October 15, 2012 (39:20 Md. R. 1308)
  • Administrative History: Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .03C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .04 amended effective January 1, 2007 (33:26 Md. R. 1997); April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .05C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .06A, B amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .06B amended effective January 1, 2007 (33:26 Md. R. 1997)
  • Administrative History: Regulation .07 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .08 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .09 amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .11A amended effective October 15, 2012 (39:20 Md. R. 1308); March 16, 2015 (42:5 Md. R. 487)
  • Administrative History: Regulation .12 amended effective August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .12B, C amended effective December 17, 2018 (45:25 Md. R. 1206)
  • Administrative History: Regulation .13 amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland

15.14.14 Minimum Standards for a Limited Use Veterinary Hospital

COMAR 15.14.14.01 Scope.

This chapter applies to a person who owns or participates in the operation of a limited use veterinary hospital as defined by this chapter.

History

  • Administrative History: Effective date: July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .04A amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-304.1, Annotated Code of Maryland
COMAR 15.14.14.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Board” means the State Board of Veterinary Medical Examiners.

(2) Limited Use Veterinary Hospital.

(a) “Limited use veterinary hospital” means a building or portion of a building that is regularly used for the treatment of animals on a limited basis without involving surgical procedures by a veterinarian.

(b) “Limited use veterinary hospital” includes a facility with services such as vaccinations, heartworm and fecal tests, and the dispensing of preventative medicines.

(3) “Person” means an individual, business entity, or veterinarian who owns, operates, or is involved in the ownership or operation of a limited use veterinary hospital.

History

  • Administrative History: Effective date: July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .04A amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-304.1, Annotated Code of Maryland
COMAR 15.14.14.03 Licensing Requirement.

A. For each licensing year, July 1 through June 30, an owner or operator shall apply for a limited use veterinary hospital license on a Board form and pay the applicable annual fee.

B. A person may not operate a limited use veterinary hospital unless the person holds a valid limited use veterinary hospital license.

C. After giving a person notice and an opportunity to be heard, the Board may reject that person's application for a limited use veterinary hospital license, or suspend or revoke a limited use veterinary hospital license the Board previously issued if the:

(1) Veterinary hospital does not meet the minimum requirements for a limited use veterinary hospital as provided under this chapter;

(2) Applicant, owner, or operator fails to pay the required annual fee; or

(3) Applicant, owner, or operator fails to allow the Board to inspect the facility during normal business hours.

D. A holder of a limited use veterinary hospital license may not transfer the license to another.

History

  • Administrative History: Effective date: July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .04A amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-304.1, Annotated Code of Maryland
COMAR 15.14.14.04 Minimum Standards.

A. A person who owns or operates a limited use veterinary hospital is responsible for:

(1) Keeping the hospital area clean where veterinary service is performed;

(2) Having a separate room, in the building where limited use veterinary hospital services are performed, which:

(a) Is of adequate size;

(b) Shall have adequate lighting and an examination table where the service is performed;

(c) May only be used for limited use veterinary hospital services; and

(d) May not be used for any other purpose such as storage, grooming, or boarding animals;

(3) Proper refrigeration and proper care of medicine used at the limited use veterinary hospital as required by applicable medicine label instructions;

(4) Handling waste materials that are generated from an animal that does not have a disease transmissible to humans as follows:

(a) Sharps, including but not limited to syringes, needles, and surgical instruments, shall be placed in a rigid, tightly lidded container that is impervious to puncture and the container shall be placed in a leak-proof plastic sack or plastic-lined paper bag before disposal;

(b) Animal tissues, including blood if it is in liquid form, shall be placed in one of the following:

(i) Sanitary sewer if allowed under any local ordinance or regulation and the Environment Article, Annotated Code of Maryland,

(ii) Leak-proof disposable container, such as a plastic sack or a plastic-lined paper bag, which, before disposal in a legally acceptable manner, shall be placed in a rigid, opaque container;

(5) Keeping a positive pressure oxygen delivery system for small animal patients where medically indicated;

(6) Keeping records at the hospital for 3 years showing the veterinarian's name, date of service, animal owner's name, and service given and upon request by the board or a client making all records available for inspection; and

(7) Posting the hospital's limited use veterinary hospital license in the immediate area where limited veterinary services are provided.

B. A surgical procedure may not be performed at a limited use veterinary hospital.

History

  • Administrative History: Effective date: July 15, 1996 (23:14 Md. R. 1011)
  • Administrative History: Regulation .04A amended effective October 15, 2012 (39:20 Md. R. 1308)
  • Authority: Agriculture Article, §2-304.1, Annotated Code of Maryland

15.14.15 Required Animal Cruelty Reporting

COMAR 15.14.15.01 Purpose.

The purpose of this chapter is to explain when a treating veterinarian is required to report animal cruelty to the appropriate law enforcement or local animal control agency. This chapter also explains the requirements for reporting and confidentiality.

History

  • Administrative History: Effective date: February 17, 2003 (30:3 Md. R. 181)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.05 adopted effective December 31, 2018 (45:26 Md. R. 1249)
  • Authority: Agriculture Article, §§2-103, 2-304, 2-310, and 2-313.1, Annotated Code of Maryland
COMAR 15.14.15.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Animal” means a living creature except a human being that is privately owned, strays, domesticated, feral, farm animals, corporately or institutionally owned, or used in privately, locally, State, or federally funded activities.

(2) “Animal cruelty” means:

(a) Overdriving, overloading, torturing, tormenting, or cruelly beating an animal, depriving an animal of necessary sustenance, or causing, procuring, or authorizing these acts;

(b) Inflicting unnecessary suffering or pain upon an animal;

(c) If a person has charge or custody of an animal, as owner or otherwise, unnecessarily failing to provide an animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter, or protection from the weather;

(d) Using or permitting to be used any bird, fowl, or cock for the purpose of fighting with any other animal, which is commonly known as cockfighting;

(e) Using or permitting to be used any dog for the purpose of fighting with any other animal; or

(f) Any conduct that violates Criminal Law Article, §§10-604, 10-606, 10-607, and 10-608, Annotated Code of Maryland.

(3) “Board” means the State Board of Veterinary Medical Examiners.

(4) “Has reason to believe” means that a veterinarian suspects but may not actually know that an animal has been subject to cruelty.

(5) “Law enforcement agency” means the local law enforcement or animal control agency that enforces animal cruelty laws.

(6) “Reports in good faith” means that a veterinarian has filed the report with a sincere and honest intention.

(7) “Timely” means as soon as possible but no later than 24 hours from the time that a veterinarian has reason to believe of possible animal cruelty.

(8) “Veterinarian” means a licensed and registered veterinarian engaged in the practice of veterinary medicine.

History

  • Administrative History: Effective date: February 17, 2003 (30:3 Md. R. 181)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.05 adopted effective December 31, 2018 (45:26 Md. R. 1249)
  • Authority: Agriculture Article, §§2-103, 2-304, 2-310, and 2-313.1, Annotated Code of Maryland
COMAR 15.14.15.03 Reporting Requirements.

A. A treating veterinarian who has reason to believe that any animal treated has been subjected to animal cruelty shall promptly report the suspected instance of cruelty to the appropriate law enforcement agency in a timely manner.

B. The report shall include:

(1) The name, age, and location of the animal;

(2) The name and home address of the owners or custodian of the animal;

(3) The nature and extent of the suspected animal cruelty, including any evidence or information available concerning possible previous instances of animal cruelty; and

(4) Any other information that would help determine:

(a) The cause of the suspected animal cruelty; or

(b) The identity of any individual responsible for the suspected animal cruelty.

C. A veterinarian making a report under this chapter shall document the report by recording and maintaining a record of:

(1) The date and time of the report;

(2) The identity of the local law enforcement or animal control agency to which the report was made;

(3) The identity of any person employed by the local law enforcement or county animal control agency where the report was made;

(4) The substance of any instructions or advice received from local law enforcement or county animal control; and

(5) Any other information documenting that the report was made and received by a local law enforcement or animal control agency.

D. Records reflecting reports under this chapter shall be maintained for three years by the veterinarian.

E. A veterinarian who reports in good faith a suspected incident of animal cruelty or participates in an investigation of suspected animal cruelty is immune:

(1) From civil liability that results from this report or from participation in the investigation, in accordance with Courts and Judicial Proceedings Article, §5-424, Annotated Code of Maryland;

(2) From criminal prosecution for the report or participation in the investigation.

F. The Board shall maintain a list of the appropriate law enforcement agencies that a veterinarian shall contact for reporting purposes.

History

  • Administrative History: Effective date: February 17, 2003 (30:3 Md. R. 181)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.05 adopted effective December 31, 2018 (45:26 Md. R. 1249)
  • Authority: Agriculture Article, §§2-103, 2-304, 2-310, and 2-313.1, Annotated Code of Maryland
COMAR 15.14.15.04 Confidentiality.

A. Except as provided in this regulation, the following records are confidential and may not be released:

(1) Records and reports, including the information provided in the records and reports, filed by a veterinarian under this chapter; and

(2) The veterinarian’s identity.

B. The unauthorized disclosure of any record or report including any information provided in the record or report or the disclosure of the identity of the veterinarian who filed the report, is a criminal offense subject to the penalty provided in Agriculture Article, Title 12, Annotated Code of Maryland.

C. Procedures to Protect Confidentiality. Each law enforcement agency subject to this chapter shall adopt confidential procedures that protect the identity of the veterinarian who makes a cruelty report and the report itself, including any information from the report, as follows.

(1) All employees who handle cruelty reports required by this chapter shall be trained to keep the above information confidential and instructed not to release it to any person.

(2) Each employee shall be trained on the requirements of this chapter and informed of the consequences of releasing any confidential information.

(3) All confidential information shall be kept in a secure location.

(4) All employees shall be trained in the requirements of the Public Information Act and how to protect confidential information.

D. Release of Confidential Information.

(1) The substance of any cruelty report filed by a veterinarian under this chapter, and any records associated with the report may only be released:

(a) By a court order;

(b) If required by another law; or

(c) With the consent of the veterinarian who filed the report.

(2) A law enforcement agency shall release any records and reports required by this chapter to the Board upon request.

History

  • Administrative History: Effective date: February 17, 2003 (30:3 Md. R. 181)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.05 adopted effective December 31, 2018 (45:26 Md. R. 1249)
  • Authority: Agriculture Article, §§2-103, 2-304, 2-310, and 2-313.1, Annotated Code of Maryland
COMAR 15.14.15.05 Disciplinary Action Against a Veterinarian.

If a veterinarian fails to comply with the reporting requirements of this chapter, the Board may suspend or revoke a veterinarian’s license, censure or place the veterinarian on probation.

History

  • Administrative History: Effective date: February 17, 2003 (30:3 Md. R. 181)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.05 adopted effective December 31, 2018 (45:26 Md. R. 1249)
  • Authority: Agriculture Article, §§2-103, 2-304, 2-310, and 2-313.1, Annotated Code of Maryland

15.14.16 Continuing Education Requirements for Registered Veterinary Technicians

COMAR 15.14.16.01 Scope.

This chapter applies to any person registered to practice veterinary technology in the State.

History

  • Administrative History: Effective date: August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .02D—F adopted effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .03A amended effective June 29, 2009 (36:13 Md. R. 900); March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .04B amended effective March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.16.02 Definitions.

A. “AVMA” means the American Veterinary Medical Association.

B. “Board” means the Maryland State Board of Veterinary Medical Examiners.

C. “Committee” means the Veterinary Technician Committee of the State Board of Veterinary Medical Examiners.

D. “Continuing education courses” means courses that offer credit hours and includes seminars, lectures, conferences, workshops, and other programs that offer credit hours.

E. “Credit hour” means 1 program hour.

F. “Unused credit hour” means a credit hour which a practitioner earned in a given licensing year but did not use toward fulfilling the continuing education requirement for that year.

History

  • Administrative History: Effective date: August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .02D—F adopted effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .03A amended effective June 29, 2009 (36:13 Md. R. 900); March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .04B amended effective March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.16.03 Registration Renewal.

A. Except as provided in §B of this regulation, the Board may not renew a veterinary technician's registration unless that veterinary technician has earned 24 credit hours of continuing education during the:

(1) 36 months preceding the beginning of the new registration period; or

(2) 72 months preceding the beginning of the new registration period provided, however, that any credit hours earned before the 36 months preceding the beginning of the new registration period are unused credit hours.

B. The Board may conditionally renew a veterinary technician's registration even if the requirements of §A of this regulation have not been met if the veterinary technician submits to the Board:

(1) Satisfactory proof that these requirements reasonably cannot be met because of exigent circumstances, such as meeting or recently completing an armed services commitment; or

(2) A plan showing that the veterinary technician will, within a reasonable period of time, complete the requirements of §A of this regulation.

History

  • Administrative History: Effective date: August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .02D—F adopted effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .03A amended effective June 29, 2009 (36:13 Md. R. 900); March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .04B amended effective March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.16.04 Accreditation.

A. Accreditation of continuing education courses by the Committee shall be based upon content. Continuing education courses shall be directed towards improvement, advancement, enhancement, and extension of professional skills and knowledge relating to the practice of veterinary technology.

B. Credit hours may be approved for the following:

(1) Continuing veterinary technician education programs given by colleges of veterinary medicine or veterinary technology approved by the AVMA;

(2) Lectures and scheduled courses at national and regional meetings of the AVMA;

(3) Continuing education courses given or arranged by the AVMA;

(4) Local, state, regional, or national continuing professional education courses, including graduate and postgraduate studies, institutes, seminars, lectures, conferences, workshops, and extension studies; and

(5) Continuing education courses available online.

C. After review of course content, the Committee may withdraw its approval of a previously accredited continuing education course.

History

  • Administrative History: Effective date: August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .02D—F adopted effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .03A amended effective June 29, 2009 (36:13 Md. R. 900); March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .04B amended effective March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.16.05 Credit Substantiation.

A. A veterinary technician shall keep an accurate attendance record of approved continuing education courses.

B. The Board may request verification from a veterinary technician concerning the technician's attendance at any continuing education course.

C. If a veterinary technician reports false or misleading information to the Board, the veterinary technician may be subject to Board discipline following a hearing.

History

  • Administrative History: Effective date: August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .02D—F adopted effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .03A amended effective June 29, 2009 (36:13 Md. R. 900); March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .04B amended effective March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland
COMAR 15.14.16.06 Failure to Meet Requirements.

The Board may refuse to reregister a registered veterinary technician who fails to meet the continuing education requirements of this chapter. However, if a veterinary technician intends to practice veterinary technology over the next registration period, the veterinary technician shall renew the technician's registration not later than June 30 of each 3-year period by submitting to the Board proof of compliance with the requirements of this chapter.

History

  • Administrative History: Effective date: August 13, 2007 (34:16 Md. R. 1433)
  • Administrative History: Regulation .02D—F adopted effective March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .03A amended effective June 29, 2009 (36:13 Md. R. 900); March 6, 2023 (50:4 Md. R. 123)
  • Administrative History: Regulation .04B amended effective March 6, 2023 (50:4 Md. R. 123)
  • Authority: Agriculture Article, §2-309, Annotated Code of Maryland

15.14.17 Requirements for Practical Training of Veterinary Students

COMAR 15.14.17.01 Purpose.

The purpose of this chapter is to establish the terms and conditions under which a veterinarian may supervise the practical training of a veterinary medical student.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§2-301 and 2-304, Annotated Code of Maryland
COMAR 15.14.17.02 Application.

This chapter applies to all veterinary practitioners in the State who supervise veterinary medical students who practice veterinary medicine.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§2-301 and 2-304, Annotated Code of Maryland
COMAR 15.14.17.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “AVMA” means the American Veterinary Medical Association.

(2) “Board” means the State Board of Veterinary Medical Examiners.

(3) “Responsible direct supervision” means competent, immediate, and active supervision by a veterinary practitioner. The veterinary practitioner shall be:

(a) In the immediate vicinity of where the work is being performed; and

(b) Actively engaged in supervising this work throughout the entire period it is being performed, including:

(i) Providing clear and specific directions on what work is to be done;

(ii) Being cognizant of how the assigned work is being performed; and

(iii) Being immediately available to provide advice when the assigned work is being performed.

(4) “Shelter owner” means a person who rents, leases, or otherwise has control of the premises where the facility is located.

(5) “Veterinary practitioner” means a licensed and registered veterinarian engaged in the practice of veterinary medicine.

(6) “Veterinary preceptee” means a student of veterinary medicine practicing veterinary medicine who has successfully completed 3 years of veterinary education at an institution approved by the Board and who works under the responsible direct supervision of a veterinary practitioner.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§2-301 and 2-304, Annotated Code of Maryland
COMAR 15.14.17.04 Requirements of Veterinary Practitioners.

A veterinary practitioner who offers practical training to a veterinary medical school student shall:

A. Ensure that the veterinary medical school student meets the definition of a veterinary preceptee before permitting the student to practice veterinary medicine under the responsible direct supervision of the veterinary practitioner.

B. Provide responsible direct supervision to the veterinary preceptee at all times the veterinary preceptee is working with a patient.

C. Upon request by the Board, or the Board's representative, provide written documentation evidencing the validity of the practical training instruction being given by the veterinary practitioner to the veterinary preceptee. This documentation shall indicate, at a minimum, that the veterinary medical school student has been approved, by the veterinary medical college at which the student is enrolled, to participate in practical training. This documentation shall be maintained at the hospital where the veterinary practitioner is employed.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§2-301 and 2-304, Annotated Code of Maryland
COMAR 15.14.17.05 Written Approval from Client.

Before allowing a veterinary preceptee to perform surgery on a patient unassisted by the veterinary practitioner, the veterinary practitioner shall obtain written approval from the client. This written approval shall include, at a minimum, the following information:

A. Client's name;

B. Pet's name;

C. A statement which indicates the following:

(1) The number of years successfully completed by the veterinary preceptee at an AVMA-accredited school of veterinary medicine;

(2) That the veterinary practitioner providing responsible direct supervision to the veterinary preceptee is educationally, medically, and legally responsible for any medical, surgical, diagnostic, and therapeutic decisions made by the veterinary preceptee; and

(3) That any unassisted surgical procedures will be carried out only when the veterinary practitioner is providing direct supervision;

D. A statement that any and all questions about the work to be performed by the veterinary preceptee on the client's pet have been answered to the client's satisfaction;

E. A statement or list of procedures to be performed that the client can either accept or reject;

F. The client's, or authorized agent's, printed name and signature;

G. The veterinary practitioner's printed name and signature; and

H. The date the written form is completed.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§2-301 and 2-304, Annotated Code of Maryland
COMAR 15.14.17.06 Written Approval from Humane Society or Animal Shelter.

Provided an animal upon which surgery is to be performed is owned by a humane society or animal shelter, and the surgery is to be performed in the humane society or animal shelter, the veterinary practitioner shall obtain written approval from the owner of the humane society or animal shelter before allowing the veterinary preceptee to perform any surgeries upon animals unassisted by the veterinary practitioner. This written approval may cover the entire period during which the veterinary preceptee is working under the responsible direct supervision of a veterinary practitioner. This written approval shall include, at a minimum, the following information:

A. Name of humane society or animal shelter;

B. A statement which indicates the following:

(1) The number of years successfully completed by the veterinary preceptee at an AVMA-accredited school of veterinary medicine;

(2) That the veterinary practitioner providing responsible direct supervision to the veterinary preceptee is educationally, medically, and legally responsible for any medical, surgical, diagnostic, and therapeutic decisions made by the veterinary preceptee; and

(3) That any unassisted surgical procedures will be carried out only when the veterinary practitioner is providing direct supervision;

C. A statement that any and all questions about the work to be performed by the veterinary preceptee on the animals have been answered to the satisfaction of the shelter owner;

D. A statement or list of anticipated procedures to be performed that the shelter owner can either accept or reject;

E. The shelter owner's, or authorized agent's, printed name and signature;

F. The veterinary practitioner's printed name and signature; and

G. The date the written form is completed.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§2-301 and 2-304, Annotated Code of Maryland
COMAR 15.14.17.07 Penalties.

After giving a veterinary practitioner notice and an opportunity to be heard, the Board may impose a civil penalty instead of, or in addition to, suspending or revoking the veterinarian's license if the veterinarian fails to comply with the Board's requirements set forth in this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective May 26, 2010 (37:13 Md. R. 850); adopted permanently effective October 18, 2010 (37:21 Md. R. 1437)
  • Authority: Agriculture Article, §§2-301 and 2-304, Annotated Code of Maryland

15.15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION

COMAR 15.15.01.01 General.

The Maryland Agricultural Land Preservation Program was created by the Maryland General Assembly to preserve productive agricultural land and woodland which provides for the continued production of food and fiber for the citizens of the State. This program is administered by the Board of Trustees of the Maryland Agricultural Land Preservation Foundation (the Foundation). The preservation of agricultural land will curb the spread of urban sprawl and protect agricultural land and woodland as open space land.

Cross References

15.15.08.02B(2)

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.01-1 Program Summary.

A. The Maryland Agricultural Land Preservation program is voluntary on the part of landowners and is dependent upon the cooperation of local government. This program requires local governments to appoint agricultural preservation advisory boards that assist in the creation of agricultural preservation districts where the subdivision and development of land is restricted by agreement between the landowner and the Agricultural Land Preservation Foundation, and where agricultural and woodland production activities are encouraged and protected. If a landowner requests that this property be included in a district, that property must meet minimum criteria as established by the Agricultural Land Preservation Foundation. If an easement has not been sold to the Foundation, a landowner may terminate after 5 years his property's inclusion in a district. Notice to terminate must be given 1 year in advance of the termination date.

B. A landowner who includes his land within a district will receive the following benefits:

(1) Direct and indirect support of agriculture;

(2) Insulation of normal agricultural activities from nuisance complaints; and

(3) Eligibility to make an application to sell an agricultural land preservation easement to the Foundation.

C. Once land is in an agricultural preservation district, a landowner may make application to sell an easement to the Maryland Agricultural Land Preservation Foundation. The application will indicate the price of any easement offered. The maximum value of this easement is determined as the difference between the land's agricultural use value and its fair market value as determined by appraisals. However, the Foundation has the discretion to select those easements which it shall purchase. Purchased easements may be reviewed after a 25-year period, and if profitable farming is found not to be feasible, an easement may be terminated by repurchase.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.01-2 Definitions.

A. In these regulations, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Adjoining” means having a common border.

(2) “Agricultural land preservation easement” or “easement” means a negative servitude which restricts a landowner's right to use the land for any commercial, industrial, or residential purpose except as otherwise permitted by Agriculture Article, §2-513, Annotated Code of Maryland.

(3) “Agricultural use” means any use of land which directly contributes to the production, processing, or storage of agricultural products.

(4) “Contiguous” means having a common border.

(5) “Profitable farming feasibility” means the:

(a) Potential for yielding an excess of returns over expenditures through agricultural production and transactions as influenced and determined by productive capability of the subject land;

(b) Existence and proximity of markets for agricultural products; and

(c) Relative profitability of agricultural pursuits on adjacent and nearby lands.

(6) “Severe economic hardship” means:

(a) A state of financial peril of a landowner as evidenced by bankruptcy proceedings;

(b) The results of natural disaster or farm owner/operator disability; or

(c) As determined by the Board of Trustees on a case-by-case basis.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.02 Agricultural Preservation Advisory Boards.

A. In each county containing productive agricultural land, the county governing body shall appoint a five-member agricultural preservation advisory board as provided by law (Agriculture Article, §2-504.1).

B. The appointment of an agricultural preservation advisory board shall be a prerequisite to program eligibility for landowners in each county.

C. Agricultural preservation advisory boards shall have the following responsibilities and duties:

(1) To advise the county governing body with respect to the establishment of agricultural preservation districts and the approval of purchases of easements by the Foundation within the county;

(2) To assist the county governing body in reviewing the status of agricultural preservation districts and land under easement;

(3) To advise the Foundation concerning county priorities for agricultural land preservation, and to develop, for consideration by the county governing body, criteria which may expand upon Foundation criteria and priorities relative to size, productive capability, and location of land eligible in the program;

(4) To promote the preservation of agriculture within the county by offering information and assistance to farmers with respect to the establishment of agricultural preservation districts and the purchase of easements; and

(5) To perform any other duties as assigned by the county governing body.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.03 Agricultural Preservation Districts.

A. Conditions for Establishment.

(1) To establish a district, a landowner shall:

(a) File a petition as provided under §B of this regulation; and

(b) If the petition is approved as provided under this regulation, execute a district agreement in the form prescribed by the Foundation, agreeing, among other things, that the following covenants, conditions, and restrictions contained in it run with the land covered by the agreement for so long as the agreement remains in effect:

(i) The landowner agrees to keep the land in agricultural use in a district for, except as otherwise permitted by law, a minimum period of 5 years from the date the district agreement is recorded in the land records of the county where the district is located;

(ii) The landowner agrees not to use the land for any commercial, industrial, or residential purpose, except as otherwise permitted by Agriculture Article, §2-513, Annotated Code of Maryland;

(iii) The landowner agrees not to subdivide the land for any purpose unless the Foundation first has approved the proposed subdivision; and

(iv) The landowner agrees not to construct buildings or structures on the land that are not designed or intended to be used for agricultural purposes unless the Foundation first has approved the proposed construction.

(2) The Foundation may only purchase an easement on land in a district.

B. Petition for Establishment.

(1) One or more owners of land actively devoted to agricultural use within an eligible county may voluntarily file a petition with the county governing body requesting the establishment of an agricultural preservation district composed of the land owned by the petitioners.

(2) The petition shall include a general description of each land parcel including acreage and the current use of the land and shall be accompanied by a map or plat of each subject parcel at a scale no smaller than 1 inch equals 600 feet (copy of tax map will meet requirement).

(3) The petition also shall be accompanied by a district agreement for each subject parcel signed by the landowner or landowners.

(4) The petition and district agreement shall be submitted to the local governing body.

C. Agricultural Preservation District Establishment — Procedures.

(1) Referral of Petition.

(a) Upon receipt of a petition to establish an agricultural preservation district, the local governing body shall refer the petition and accompanying materials to both the agricultural preservation advisory board and to the county planning and zoning body.

(b) Within 60 days of the referral of a petition, the agricultural preservation advisory board shall inform the county governing body whether the land in the proposed district meets the qualifications established by the Foundation under §D of this regulation, and whether the advisory board recommends establishment of the district.

(c) Within 60 days of the referral of a petition, the county planning and zoning body shall inform the local governing body whether establishment of the district is compatible with existing and approved county plans, programs, and overall county policy, and whether the planning and zoning body recommends establishment of the district. In the process of review, the local planning and zoning body shall consider compatibility of district establishment with State and local plans and programs.

(2) If either the agricultural preservation advisory board or the planning and zoning body recommends approval, the county governing body shall hold a public hearing on the petition. Adequate notice of the hearing shall be given to all landowners in the proposed district, to landowners adjacent to the proposed district, as far as feasible, and to the Foundation. If neither body recommends approval of the petition, the local governing body shall deny the petition and notify the landowner or landowners and the Foundation stating the reasons for the denial.

(3) Approval of Petition.

(a) Within 120 days after the receipt of the petition, the county governing body shall render a decision on whether the petition shall be recommended to the Foundation for approval.

(b) If the county governing body decides to recommend approval of the petition, this body shall so notify the Foundation and forward to the Foundation the petition and all accompanying materials, including the recommendations of the advisory board and county planning and zoning body, and a composite property boundary map of the proposed district.

(c) If the county governing body recommends denial of the petition, it shall so inform the Foundation and the petitioner or petitioners, stating the reasons for this denial.

(4) The Foundation may approve a petition for the establishment of an agricultural preservation district only if:

(a) The land within the proposed district meets the qualifying criteria established under §D of this regulation;

(b) Approval of the petition has been recommended by the county governing body; and

(c) Establishment of the district is approved by a majority of the Foundation Board of Trustees at-large, by the Secretary, and by the State Treasurer.

(5) The Foundation shall render its decision on a petition to establish an agricultural preservation district within 60 days of the receipt of the petition, and shall inform the county governing body and the petitioner (or petitioners) of its decision.

(6) If the Foundation approves the petition, the agricultural preservation district shall be established by the county governing body. However, the establishment may not take effect until all parties have executed agricultural preservation district agreements and until these agreements have been recorded in the land records of the county. The Foundation shall do the recording. The Foundation shall notify the landowner and the local governing body of the effective date of district establishment.

(7) Ordinance.

(a) Each county shall establish an ordinance relative to all agricultural preservation districts.

(b) The ordinance shall provide that, within the district:

(i) Any farm use of land is permitted;

(ii) Operation at any time of machinery used in farm production or the primary processing of agricultural products is permitted; and

(iii) Normal agricultural operations performed in accordance with good husbandry practices, which do not cause bodily injury or directly endanger human health, are permitted, including the sale of farm products produced on the farm where the sales are made.

(8) Local governments are encouraged to minimize regulatory requirements for non-residential farm structures and related agricultural improvements.

(9) The establishment of a district does not grant the public any right of access or right of use of subject properties.

D. Agricultural Preservation Districts — Qualifying Criteria.

(1) Productive Capability Criteria.

(a) Agricultural preservation districts shall consist of land which is either used primarily for the production of food or fiber or is of such open space character and productive capability that continued agricultural production is feasible.

(b) Soils Criteria.

(i) The majority of the land of any district shall consist of U.S.D.A. Soil Capability Classes I, II, and III;

(ii) The majority of the land area of any district shall consist of U.S.D.A. Woodland Groups 1 and 2 which are applied to wooded areas only;

(iii) The majority of the land area of any district less the acreage contained within the 100-year floodplain as delineated on Flood Hazard Boundary Maps produced by the Federal Emergency Management Administration and State or federal designated wetlands shall consist of U.S.D.A. Soil Capability Classes I, II, and III on cropland and pasture or Woodland Groups 1 and 2 on wooded areas only;

(iv) A minimum of 60 percent of the land area of any district shall consist of U.S.D.A. Soil Capability Classes I, II, and III on cropland and pasture and Woodland Groups 1 and 2 on woodland areas; or

(v) A minimum of 60 percent of the land area of any district less the acreage contained within the 100-year floodplain and State or federal wetlands shall consist of U.S.D.A. Soil Capability Classes I, II, and III on cropland and pasture and Woodland Groups 1 and 2 on wooded areas.

(c) Exceptions to §D(1)(b)(i)—(v) of this regulation may include land areas of lower soil capabilities, but with a rating similar to Classes I, II, and III on cropland and pasture and Woodland Groups I and II on woodland areas. Land with lower soil capabilities may qualify to be in a district if the soils on the applicant's farm otherwise comply with all the requirements of this section and the applicant submits to the Foundation a letter from the appropriate U.S. Department of Agriculture district conservationist that states that the soils on the applicant's farm have a cropland or pasture rating similar to Classes I, II, and III, or Woodland Groups I and II. Farm areas with extensive specialized production, including but not limited to dairying livestock, poultry, fruit, or berry production may also be considered by the Foundation to be included in a district.

(2) District Size Criteria.

(a) An agricultural preservation district shall be 100 contiguous acres. However, a parcel of less than 100 acres may qualify as a district if:

(i) It adjoins a 100-acre parcel which has been approved by the Foundation as an agricultural preservation district;

(ii) It is added to one or more adjoining parcels which together have been approved by the Foundation as agricultural preservation districts;

(iii) The land has extraordinary agricultural capability as provided by §D(5) of this regulation and is of significant size; or

(iv) It adjoins land subject to a recorded instrument which permits agricultural activities and contains restrictions that are the same as or more stringent than those found in the Foundation's deed of easement, and the collective mass of these lands total at least 100 acres.

(b) The Foundation may not purchase an agricultural preservation easement from a landowner of a district of less than 100 acres unless:

(i) It is contiguous to a district or districts on which a 100-acre easement has been purchased;

(ii) The landowners in the adjoining districts which are each less than 100 acres but total at least 100 acres accept the Foundation's offer to purchase an easement;

(iii) The land has extraordinary agricultural capability as provided by §D(5) of this regulation and is of significant size; or

(iv) It adjoins land subject to a recorded instrument which permits agricultural activities and contains restrictions that are the same as or more stringent than those found in the Foundation's deed of easement, and the collective mass of these lands total at least 100 acres.

(3) Locational Criteria. Land within the boundaries of a 10-year water and sewerage service district may be included in an agricultural preservation district only if that land is outstanding in productivity and is of significant size. Note: Refer to County Water and Sewerage Plan.

(4) Agricultural land which is otherwise qualified for district establishment and is comprised predominantly of land of lower general capability also may meet minimum qualifying criteria if the following conditions are met to the satisfaction of the Foundation:

(a) The agricultural preservation advisory board of the county in which the land is located shall obtain general information from the Agricultural Extension Agent and specific written information from the soil conservation district in the county, and such other sources as might be applicable, addressing the long-term productivity of the land and farm management practices, and shall forward this documentation to both the local governing body and to the Foundation; and

(b) The agricultural preservation advisory board shall state in its recommendations, with the advice of the applicable soil conservation district, that an approved soil conservation plan is being implemented.

(5) For the purpose of this chapter, land has “extraordinary agricultural capability” if it:

(a) Has a soil conservation plan approved by a local soil conservation district, fully implemented according to a schedule in the plan;

(b) Is located in an area designated by a county for agricultural preservation;

(c) Is recommended by the majority of the Foundation's Board of Trustees after an on-site inspection is conducted by one or more members of the Foundation; and

(d) Meets either of the following:

(i) Has at least 60 percent of the land area consisting of U.S.D.A. Soil Capability Classes I, II, and III, or U.S.D.A. Woodland Groups 1 and 2 which are applied to wooded areas only; or

(ii) Has a minimum of 72 percent of the land area less any acreage included within the 100-year floodplain and less any acreage included in State or federal wetlands consisting of a combination of U.S.D.A. Soils, Class I, II, and III on cropland and pasture and Woodland Groups 1 and 2 on wooded areas.

E. Additions to Existing Districts. The procedures for adding land to existing districts shall be the same as for the initial establishment of districts. There is no minimum size criteria for the addition of land parcels contiguous to an agricultural preservation district.

F. Exclusion of Lots in Districts.

(1) A landowner may request to have excluded from a district certain portions of the owner's property, constituting lots of either 1 acre or less, or, when permitted by Agriculture Article, §2-513, Annotated Code of Maryland, 2 acres or less, if the purpose for excluding the property is to construct a dwelling house for the owner or the owner's children.

(2) In making this request, the landowner shall follow the procedures described in Regulation .16 of this chapter.

(3) In reviewing the landowner's request, the Foundation shall examine the:

(a) Location of the lot to be excluded;

(b) Potential impact the lot's exclusion may have on the agricultural use of the remaining property; and

(c) Owner's future right, if not already forfeited under §F(4) of this regulation, to have lots released from the Foundation's easement, should an easement be subsequently acquired by the Foundation.

(4) Lots Released from Foundation's Easement.

(a) Lots excluded under this section from property an owner has placed in a district affects the owner's future right under Agriculture Article, §2-513(b), Annotated Code of Maryland, to have lots released from the Foundation's easement, should the Foundation subsequently acquire an easement in that property.

(b) For each lot excluded from a district under this section, the number of lots a landowner would otherwise be entitled to have released, should the Foundation acquire the easement, will be reduced by one.

(c) As a precondition to releasing a lot from a district under this section, the owner shall sign a statement agreeing to and acknowledging the forfeiture of the owner's right as described in this subsection, to have lots released from the Foundation's easement, should the Foundation acquire an easement.

G. Continuation of Districts. Agricultural districts shall continue in effect indefinitely unless terminated in accord with any of the procedures provided in Regulation .04 of this chapter.

H. Access. In determining questions about easements, rights-of-way, licenses, and other similar servitudes in land subject to a district agreement, the Foundation shall follow the same rules that are applicable to the establishment of these servitudes in land subject to a preservation easement set forth under Regulation .17F of this chapter.

Cross References

15.15.01.04D(1)

15.15.01.17A

15.15.01.20A

15.15.12.04E

15.15.12.04F(1)

15.15.12.04F(1)(b)(ii)

15.15.12.04F(2)

15.15.12.05C(5)

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.04 Termination and Alteration of Districts.

A. The provisions of this regulation are applicable only to land in agricultural preservation districts on which an easement is not held by the Foundation.

B. After 5 Years. A landowner may terminate his property's inclusion in an agricultural preservation district at any time after 5 years from the establishment of the district. Notice of intention to terminate may be submitted to the Foundation at the end of the fourth year of the district's establishment, or anytime after, with a 1-year notice.

C. Severe Economic Hardship.

(1) Foundation and County Approval Needed. If severe economic hardship occurs, the Foundation with the concurrence of the county governing body may release the landowner's property from an agricultural preservation district at any time.

(2) Petitioning the Foundation.

(a) To obtain the relief available under §C(1) of this regulation, the landowner shall petition the Foundation, stating succinctly the severe economic hardship that the landowner is sustaining, and providing the Foundation with the following information:

(i) A recent financial statement which shows the owner's complete assets and liabilities and a statement that the information contained in the financial statement is true and accurate;

(ii) Other information attesting to the severe economic hardship that the landowner is sustaining, including by way of example, information from mortgagees, lien holders, creditors, attorneys, the Internal Revenue Service, or other third-party interests who are qualified to address the economic condition of the landowner.

(b) Copy to County. The landowner shall send a copy of this petition and the information required under §C(2)(a) of this regulation to the appropriate county governing body.

(c) Disclosure of Information. To the extent permitted by law, the Foundation shall deny public access to the information the landowner has supplied the Foundation under §C(2)(a) of this regulation. Nothing in this regulation shall preclude the Foundation from discussing this information with the appropriate county governing body, whose concurrence is required in any property release under this section.

(d) If the Foundation approves the petition to release the landowner's property from a district, the Foundation shall prepare the release.

D. Land Within District No Longer Meeting Qualifications. The Foundation may approve alteration or abolishment of the district, if the following occur:

(1) The use of land within the district has so changed as to cause land within the district to fail to meet the qualifications under Regulation .03D of this chapter;

(2) The Foundation has assessed the potential impacts of alteration on remaining lands in the district;

(3) The alteration or abolition of the district has been recommended by the county governing body after review by the agricultural preservation advisory board and county planning and zoning body, and a public hearing has been held; and

(4) The alteration or abolition is approved by a majority of the Foundation Board of Trustees at large, by the Secretary, and by the State Treasurer.

Cross References

15.15.01.03G

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.05 Application to Sell Agricultural Land Preservation Easement.

A. An owner of agricultural land located within an agricultural land preservation district may offer by written application to sell to the Foundation an easement on the entire contiguous acreage of land within that district.

B. The owner shall submit a written application to sell an easement to the Foundation not later than July 1 of the fiscal year in which the application is to be considered and include with the application:

(1) An asking price for which the owner is willing to sell an easement;

(2) A complete description of the subject land;

(3) A certification from the local soil conservation district that it has prepared or revised within the last 10 years a soil conservation and water quality plan that:

(a) Identifies the existing erosion and water quality problems on the subject land and the means (that is, the practices and other conservation measures) necessary to address them; and

(b) Contains a schedule for implementing the means to address the problems; and

(4) An acknowledgement of the following by the landowner:

(a) That upon the Foundation's acquisition of the easement, the landowner agrees to follow the recommended schedule to implement the best management practices described in a soil conservation and water quality plan applicable to the land; and

(b) For land with 25 acres or more of contiguous forest land, the landowner agrees, before the easement is acquired, to provide the Foundation with a certification from a forester licensed in this State, that:

(i) A forest stewardship plan has been prepared or revised for the land within the last 10 years; and

(ii) The landowner agrees to implement the practices stated in the plan.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.06 Maximum Number of Applications.

A. The Board shall determine the maximum number of applications it may consider in each offer cycle.

B. Applications received after the maximum number has been reached may be considered in the next available cycle.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.07 Date on Which the Foundation Shall Receive Applications.

In each offer cycle, the Foundation shall hold all applications to be considered until July 1, when it officially shall receive the applications.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.08 Notice to Landowner of Receipt and Sufficiency of Application to Sell.

Within 30 days after the receipt of an application, the Foundation shall notify the landowner whether the application is sufficient. If the application is insufficient, the Foundation shall specify the reason for insufficiency and grant the owner an additional 30 days to remedy the insufficiency. If the application is made sufficient within 30 days of the notification by the Foundation, the application shall be considered as if it had originally been submitted in a timely and sufficient manner.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.09 Approval or Disapproval of Application by County Governing Body.

A. Within 30 days after receiving an owner's application to sell an easement, the Foundation shall notify the governing body of the county containing the subject land that it has received an application.

B. Within 60 days after receiving the notification referenced in §A of this regulation, the county governing body shall advise the Foundation as to local approval or disapproval of the application.

C. The Foundation shall grant a county governing body a 30-day extension of this response period if the county governing body applies to the Foundation for an extension and states its reasons.

D. In deciding whether to approve the application, the county governing body shall receive the recommendation of the county agricultural preservation advisory board.

E. In making its recommendation, the county agricultural preservation advisory board shall take into consideration criteria and standards adopted by the Foundation under current local regulations, local patterns of land development, and any locally established priorities for the preservation of agricultural land.

F. The county agricultural preservation advisory board shall provide a public hearing concerning any application to sell an easement if a hearing is requested by a majority of the county agricultural preservation advisory board, or by a majority of the county governing body, or by the applicant.

G. The Board of Trustees of the Foundation may not approve an application to sell which has not been approved by the governing body of the county containing the subject land.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.10 Value of Easement.

A. Maximum Value.

(1) Computation. The maximum value of any easement to be purchased shall be the asking price, or the difference as of the valuation date between the fair market value of the land and the agricultural value of the land, whichever is lower.

(2) Valuation date. The valuation date for each property within an agricultural land preservation district being appraised in a given offer cycle shall be July 1, the last day in each offer cycle that an application may be submitted for consideration.

B. Fair Market Value.

(1) The fair market value of the land is the price as of the valuation date for the highest and best use of the property which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property if the property was not subject to any restriction imposed under these regulations.

(2) The Department of General Services shall determine the land's fair market value based on one or more appraisals by the State appraisers, and appraisals, if any, submitted by the landowner. The entire contiguous acreage shall be included in this determination, less 1 acre per single dwelling.

(3) In determining the fair market value of land, improvements to the land may not be considered.

(4) If the subject property is less than 100 acres and its fair market value is being determined under the direct sales comparison approach, the adjustments for size between the subject property and the comparison properties shall be calculated as though the subject property is 100 acres.

C. Agricultural Value. The agricultural value of land shall be determined by the formula provided under COMAR 15.15.02.

D. Appeal Route. In the establishment of an easement value, the following steps of appeal are available:

(1) If the landowner and Foundation do not agree on the value of the easement as determined by the State, either party may request that the matter be submitted to the property tax assessment appeals board where the property is located for arbitration;

(2) Either party may appeal the property tax assessment appeal board's determination of the easement value by petitioning the Maryland Tax Court for a de novo hearing;

(3) Either party may appeal from the Tax Court's final order to the circuit court of the county where the property is located.

E. Effect of Board's Determination in a Purchase of the Easement. Unless the parties agree to a lesser value or an appeal is noted to the Maryland Tax Court, the parties are bound for a period of 2 years by the property tax assessment appeal board's determination of the easement value.

F. Consideration of Application Following Appeal.

(1) If, following an appeal, the round of easement offers has closed for the offer cycle that the landowner originally applied to sell the easement, the Foundation shall consider the landowner's application in the next available offer cycle as provided in §F(2) or (3) of this regulation.

(2) Foundation Would Have Made Offer.

(a) If the value of the easement as finally determined on appeal is such that the landowner would have received an offer in the offer cycle that he applied to sell the easement, the Foundation, subject to §F(2)(b) and (c) of this regulation, shall offer the landowner a sum equal to the value determined on appeal or the original asking price, whichever is lower.

(b) The Foundation may make an offer only if:

(i) Funds are available;

(ii) A majority of the board members at-large approve the offer;

(iii) The State Treasurer and the Secretary have recommended that the offer be made; and

(iv) The value determined on appeal is greater than the State's appraised value of the land.

(c) If the conditions of this section have been met, the Foundation shall make the offer:

(i) After paying the current year's appraisal costs for the county where the property is located; and

(ii) If possible, before making the first ranked current offer cycle applicant in that county an offer.

(3) Foundation Would Not Have Made Offer.

(a) If the value of the easement as finally determined on appeal is such that the landowner would not have received an offer in the offer cycle that he had applied to sell the easement, the Foundation, subject to §F(3)(b) and (c) of this regulation, may consider his application to sell along with the new applications.

(b) The Foundation may not consider the landowner's application if:

(i) The landowner has not requested in writing that the Foundation do so; and

(ii) The value determined on appeal is less than or equal to the State's appraised value of the land.

(c) The Foundation shall treat the landowner's written request as a formal application.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.11 Rejection of Foundation's Offer.

A. A landowner whose application to sell an agricultural land preservation easement has been rejected for a reason other than insufficient funds may not reapply to sell an easement on the same land or on the same terms until 2 years have passed after the date of the original application.

B. However, if the landowner's asking price is lower than that indicated in the original application, the landowner may apply to sell an easement on that same land in the next available offer cycle or any cycle after that.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.12 Land Subject to Mineral Rights.

A. Unless a property owner either releases or subordinates its mineral or material extraction rights interest to the Foundation's interest under the easement, the Foundation may not acquire an easement on a farm that is subject to mineral rights or a right to extract sand and gravel, shale, limestone, crude petroleum and natural gas, clay, ceramic, and fertilizer minerals and deep-mined minerals, including bituminous coal.

B. The Foundation may accept subordination of less than 100% of the mineral rights interest if owners of fractional shares cannot be located or are unwilling to subordinate, and the Foundation determines that the fractional interests are unlikely to be exercised.

C. In Garrett County or Allegany County only, the Foundation may not require subordination if the Foundation determines that exercise of natural gas rights will not interfere with an agricultural operation on property subject to an easement.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.13 Tender of Offer to Buy After Approval of Application.

Upon approval of a majority of the Board members at-large, and upon the recommendation of the State Treasurer and the Secretary, an application to sell shall be approved, and an offer to buy which contains the specific terms of the purchase shall be tendered to the landowner. An offer to buy may specify terms, contingencies, and conditions not contained in the original application.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.14 Time of Tender; Acceptance or Rejection.

A. With respect to allotted purchases, the Foundation shall tender any offer to buy containing the specific terms of the purchase for the:

(1) First offer cycle, on or before January 31; and

(2) Second offer cycle, on or before July 31.

B. With respect to additional offers to buy tendered, the Foundation may not tender these offers earlier than 30 days after the completion of allotted purchases in each offer cycle.

C. A landowner has 30 days from the date of any offer to buy in which to accept or reject the offer.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.15 Schedule of Payment.

A. At the time of settlement of the purchase of an easement, the landowner and the foundation may agree upon and establish a schedule of payment such that the landowner may receive consideration for the easement in a lump sum, or in installments over a period of up to 10 years from the date of settlement.

B. If a schedule of installments is agreed upon, the Comptroller shall retain in the Maryland Agricultural Land Preservation Fund an amount of money sufficient to pay the landowner according to the schedule.

C. The landowner shall receive annually interest on any unpaid balance remaining after the date of settlement. This interest shall be at the same rate as any interest earned on the funds retained pursuant to §B of this regulation, less 1/4 of 1 percent.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.16 Notice of Rejection of Application; Reapplication.

A. On or before June 30, following the first offer cycle, or on or before December 31, following the second offer cycle, the Foundation shall notify every landowner whose application had been rejected during that offer cycle. The Foundation shall specify the reasons for that rejection.

B. A landowner whose application has been rejected for a reason other than insufficient Foundation funds may not reapply to sell an easement on the same land on the same terms until 2 years after the date of the original application.

Cross References

15.15.01.03F(2)

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.17 Use of Land on Which an Easement is Purchased.

A. Provisions to be Included in Easement and County Regulations. Agricultural land preservation easements may be purchased for land in agricultural use which meets the qualifying criteria established under Regulation .03D of this chapter if the easement and county regulations governing the use of the land include the following provisions:

(1) Any agricultural use of land is permitted;

(2) Operation of machinery used in farm production or the processing of agricultural products is permitted;

(3) Normal agricultural operations performed in accordance with good husbandry practices, which do not cause bodily injury or directly endanger human health, are permitted, including sale of farm products produced on the farm where the sales are made, and may generally include up to 25 percent in gross sales of farm products produced locally on other farms.

B. Prohibitions. Except as permitted by Agriculture Article, Title 2, Subtitle 5, Annotated Code of Maryland, a landowner who has sold an agricultural preservation easement to the Foundation is prohibited from using that land for any commercial, industrial, or residential purpose.

C. Dwellings.

(1) Application. Before a lot may be released from an easement's restrictions for the construction of a dwelling house, the landowner shall submit an application to the Foundation that:

(a) The landowner has signed;

(b) Contains a declaration that the lot and dwelling house are only for the use of the landowner or the landowner's child, whichever is the case (if the use is for the landowner's child, identify the child);

(c) Includes signed statements indicating approval of the release from both the local agricultural land preservation advisory board and the county planning and zoning department;

(d) Includes a description of the land to be disturbed by both the dwelling and access to that dwelling, so as to gauge the impact that the dwelling and any access to that dwelling will have on the farm; and

(e) Includes a survey plat or tax map on which the precise location of the proposed lot is noted.

(2) Corporation's or Similar Entity's Request for Children's Lot. The Foundation may not approve an application from a corporation, partnership, or other similar entity to have a child's lot released from an easement's restrictions unless the:

(a) Entity's membership is comprised of family members who are actively engaged in the daily agricultural operations on the land; and

(b) Entity is otherwise eligible to have a lot released.

(3) Owner's Lot. A landowner is entitled to have only one owner's lot released from the easement's restrictions regardless of how land is titled (that is, as tenants in common, in joint tenancy, or in a corporation's or partnership's name).

D. Tenant House. A landowner also may construct housing for tenants fully engaged in the operation of the farm. The procedure for the approval of a tenant house is provided by COMAR 15.15.03.

E. Public Not to be Granted Right of Access or of Use. Purchase of an easement by the Foundation does not grant the public any right of access or right of use of the subject property.

F. Permitted Uses.

(1) The Foundation may not purchase a preservation easement unless, as provided under Agriculture Article, §2-513, Annotated Code of Maryland, the easement instrument and the regulations in the county in which the easement is to be purchased permit the following uses on that land:

(a) Any farm use of land is permitted;

(b) Operation at any time of any machinery used in farm production or the primary processing of agricultural products is permitted; and

(c) All normal agricultural operations performed in accordance with good husbandry practices which do not cause bodily injury or directly endanger human health are permitted including, but not limited to, sale of farm products produced on the farm where these sales are made.

(2) A landowner may not use land subjected to a preservation easement for any purpose that is otherwise prohibited, inconsistent with, or contrary to State or local law, or the restrictions imposed by the preservation easement.

(3) In determining whether a particular use is inconsistent with or contrary to the preservation easement, the Foundation shall consider the following factors:

(a) Whether it is a commercial, industrial, or residential use;

(b) Whether it will likely have a negative impact on the agricultural operations of the farm on which it is to be implemented;

(c) Whether it has an historical relationship to farming (for example, goose hunting); and

(d) Whether it is temporal, seasonal, or permanent in nature.

Cross References

15.15.01.03H

15.15.12.04A

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.18 Repealed.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.19 Acceptance of Easements by Donation, Gift, Bequest, or Grant.

A. The Foundation may accept easements or other rights to restrict the use of agricultural land and woodland in accord with the criteria and procedures of this regulation.

B. Criteria.

(1) Agricultural land and woodland parcels on which easements are accepted shall be:

(a) Primarily used for the production of food or fiber;

(b) Of such size, configuration, and natural capability to assure continued economically viable agricultural production or be located contiguous to other similarly productive land; and

(c) Land within the boundaries of a 10-year water and sewerage service district only if the land is outstanding in productivity and is of significant size.

(2) The acceptance of an easement by donation, gift, bequest, or grant may not be contingent upon inclusion of the land in an agricultural preservation district.

C. Procedures for Acceptance of Easement Donations. The Foundation shall forward any donation offers to the applicable local governing body for review and comment. The Foundation shall determine easement acceptability in accord with the criteria as provided in §B of this regulation and findings from a field visit to the property. Further acceptance is contingent upon a satisfactory legal review.

D. Deed Form.

(1) Donated easements may be in perpetuity or for a specified term. Special provisions, unique to the land or to the wishes of the donor, may be incorporated in the easement form for consideration by the Foundation.

(2) Restrictions.

(a) However, the restrictions in this subsection are generally applicable to the encumbered land in any deed for an easement by donation.

(b) Any agricultural use of the land is permitted. However, industrial or commercial use is not permitted with the exception of uses related to the primary processing of agricultural and/or woodland products and the direct sale of locally produced agricultural and woodland products to the public.

(c) Subdivision for residential and commercial purposes is not permitted. However, upon written application to and approval by the Foundation, conveyance of a lot for the owner and for each of his children for the purpose of construction of one dwelling intended for his or their use may be permitted.

(d) The property may be subdivided only with the written approval of the Foundation.

(e) Signs, billboards, or outdoor advertising structure may not be displayed on the property, except that one sign, not exceeding 4 feet by 4 feet, may be displayed to state the name of the property and the name and address of the occupant, to advertise an activity permitted above, and to advertise the property for sale or rental.

(f) No dump of ashes, sawdust, bark, trash, rubbish, or any other material, except that which is for regular agricultural use, may be permitted on the property.

(g) Agricultural lands shall be managed in accordance with sound agricultural and soil and water conservation practices, in a manner which will not be of significant detriment to agricultural production capability on the land.

(h) Woodlands shall be managed in accordance with sound forestry practices, and trees may be selectively or clear cut from time to time in a manner that will not alter the character of the land or diminish its productive capability.

(i) The grantee and its representatives, after appropriate notice to the grantors and any person residing on the property, may enter the property from time to time for the purpose of inspection and enforcement of the terms of the easement granted herein. However, the grantee may not have the right to inspect the interior of any dwelling on the subject property.

(j) In case of doubt concerning the appropriateness or permissibility of agricultural or related uses of encumbered property, the property owner may submit a written request for consideration and approval of the use to the Board of Trustees of the Maryland Agricultural Land Preservation Foundation.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.20 Determination by Foundation of Applications To Be Approved.

A. In determining which applications to approve for the purchase of the easements offered, the Foundation shall approve only those applications which have received approval of the applicable local governing body in which the subject land meets the qualifying criteria of Regulation .03D of this chapter on lands which are currently within an agricultural preservation district.

B. Approval of Easement Sale Applications.

(1) Ratios of 1.0 or Lower. All applications for the sale of easements shall be assigned a rank in ascending order with respect to the proportion obtained by dividing the asking price by the State appraisal easement value. The resulting rank shall be the sole criterion for establishing the priority for approved applications with ratios of 1.0 or lower. If between two or more landowners, the proportions obtained are equal, the following land characteristics shall affect the priority of acquisition:

(a) Highest productive capability;

(b) Greatest urban pressure; and

(c) Largest parcel.

(2) Ratios of Greater than 1.0. All applications for the sale of easements shall be assigned a point total resulting from the following easement priority formula. Applications shall be ranked in descending order of respective point totals and this shall be the sole criterion for establishing the priority for the approved applications that include asking price/appraised value ratios greater than 1.0.

(3) Points. The following points shall be assigned to soil capability, based on the land classification system as developed by the U. S. Department of Agriculture, Soil Conservation Service. The following standard priority ranking system applies to ratios greater than 1.0 if the total district acreage is:

(Maximum 20 Points)

(a) 50 percent or more Classes I and II — 20 points;

(b) 50 percent or more Classes II and III — 16 points;

(c) 50 percent or more Class III — 12 points;

(d) 50 percent or more Woodland Group 1 — 20 points;

(e) 50 percent or more Woodland Group 2 — 12 points;

(f) Less than 50 percent Class I, II, and III soils or Woodland Groups 1 and 2, but 50 percent or more of the productive area of the district is devoted to specialized food production such as orchard, vineyard, poultry, livestock, or other agricultural commodities intended for human consumption which can be produced on poorer soils without the eventual degradation of the productive capability of the land; or agricultural land which is otherwise qualified for district establishment and is comprised predominantly of lower general capability which was subject to Foundation approval based on documented productivity — 12 points;

(g) Less than 50 percent Class I, II, and III soils or Woodland Groups 1 and 2, but 50 percent or more of the productive area of the district is devoted to non-food production such as nursery, horses, tobacco, or other non-food agricultural commodities which could be produced on poorer soils without the eventual degradation of the productive capability of the land — 8 points.

(4) Points. The following points shall be assigned based upon agricultural preservation area and district size (maximum 25 points):

(a) Preservation area. Agency Note: An agricultural preservation area is the amount of contiguous land under district agreement which may include separate ownership and land which is permanently preserved for agriculture through a county, State, federal, or private organization.

(i) 1,000 acres or larger — 10 points;

(ii) 500—999 acres — 8 points;

(iii) 100—499 acres — 5 points;

(b) District:

(i) 175 acres or larger — 10 points;

(ii) 100—174 acres — 8 points;

(iii) 50—99 acres — 2 points;

(c) If the District adjoins a district on which a development rights easement has been acquired or the adjacent land has been permanently preserved for agriculture through county, State, federal, or private organization — 5 points.

(5) Points. Points shall be assigned based upon the threat to the continuance of agriculture. The following points apply to the percentage of existing or formally proposed nonagricultural land use acreage within a 1.5 mile radius of the district (maximum 30 points):

(a) 41—50 percent developed and district is contiguous to the undeveloped portion — 10 points;

(b) 31—40 percent developed and district is contiguous to the undeveloped portion — 8 points;

(c) 21—30 percent developed and district is contiguous to the undeveloped portion — 6 points;

(d) 10—20 percent developed and district is contiguous to the undeveloped portion — 4 points;

(e) The following points apply to the proximity to the county's existing sewer service or sewer service planned within the next 10 years:

(i) Less than 1 mile — 15 points;

(ii) 1—2 miles — 12 points;

(iii) 2.1—4 miles — 9 points;

(iv) 4.1—6 miles — 6 points;

(f) The following points apply to the proximity to community or suburban development areas outside the county's existing or ten year sewer service boundary: Agency Note: A community or suburban development area is an area of existing and formally proposed residential development greater than 500 contiguous acres.

(i) Less than 0.5 miles — 5 points;

(ii) 0.6—1.0 miles — 4 points;

(iii) 1.1—2.0 miles — 3 points;

(iv) 2.1—3.0 miles — 2 points.

(6) Points. The following points apply to the priority recommendations of local governing bodies for applications based on a formal objective evaluation process approved by the Foundation (maximum 25 points):

(a) Applications designated high priority — 25 points;

(b) Applications designated medium priority — 10 points;

(c) Applications designated low priority — 5 points.

C. The Foundation shall only approve those applications that have been approved by the applicable local government.

Cross References

15.15.01.21D(4)(b)(ii)

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.21 Maryland Agricultural Land Preservation Fund and Local Funds.

A. Definitions.

(1) “Total amount to be allotted” means the amount, as certified by the Comptroller, which remains in the Maryland Agricultural Land Preservation Fund at the beginning of the fiscal year after payment of all expenses of the Foundation and the Board of Trustees during the previous fiscal year, and after subtraction of funds committed for payment as consideration for easements purchased during previous fiscal years, and after subtraction of any money remaining in the Fund as a result of a transfer of local program open space funds.

(2) “General purchases of easements” means purchases of agricultural land preservation easements in which the governing body of the county in which the land is located is not required to make a contribution to the Maryland Agricultural Land Preservation Fund.

(3) “Matching purchases of easements” means purchases of agricultural land preservation easements in which the governing body of the county in which the land is located is required to make a contribution to the Maryland Agricultural Land Preservation Fund of an amount equal to at least 40 percent of the value of the easement for each purchase.

(4) “Allotted purchases” means general or matching purchases made pursuant to offers to buy tendered by the Foundation on or before January 31 in the first offer cycle and on or before July 31 in the second offer cycle.

(5) “County” means any county containing productive agricultural land which is being actively farmed and which meets the criteria for land on which easements may be purchased.

(6) “Eligible county” means a county as defined in §A(5) of this regulation which has secured approval from the Foundation for a local agricultural land preservation program (applicable only to local matching programs).

B. Sources. The Maryland Agricultural Land Preservation Fund shall comprise money made available to the fund by general or special fund appropriations, and money made available to the fund by grants or transfers from governmental or private sources.

C. Disbursements. The Comptroller of the Treasury may not disburse any money from the Maryland Agricultural Land Preservation Fund other than for:

(1) Costs associated with the staffing and administration of the Maryland Agricultural Land Preservation Foundation;

(2) Reasonable expenses incurred by the members of the Board of Trustees of the Maryland Agricultural Land Preservation Foundation in the performance of official duties; and

(3) Consideration in the purchase of agricultural land preservation easements beginning with fiscal year 1979 and each fiscal year thereafter. Money may be disbursed from the Fund only upon formal notification to the Comptroller of the Treasury from the Maryland Agricultural Land Preservation Foundation.

D. Fund Regulation, Distribution, and Procedures.

(1) Audit. The Fund shall be audited annually by the Legislative Auditor in the manner prescribed by law.

(2) Maximum Amount To Be Expended for Allotted Purchases.

(a) Beginning with fiscal year 1979, and in each fiscal year after, the Foundation shall determine the maximum amount which may be expended for allotted purchases of easements on land located within each county.

(b) The maximum amount which may be expended for allotted purchases of easements in any county in any fiscal year shall be:

(i) For general allotted purchases, an amount, which shall be divided equally between the two cycles, equal to 1/23 of 1/2 of the total amount to be allotted after first deducting the amount of local shares of agricultural transfer tax, which was unexpended and uncommitted for 3 years and is being held by the Department in a special account, plus any amount of transferred local open space fund designated by the local governing body for general purchases.

(ii) For matching allotted purchases, an amount, which shall be divided equally between the two cycles, which shall be computed for each eligible county by dividing 1/2 of the total amount to be allotted equally among those counties having an approved local matching program. The maximum amount available from the Foundation for the Foundation's share in matching allotted purchases may not exceed $1 million in any county in any fiscal year.

(c) Matching allotted purchases may not be approved for land located in any county which has not secured approval from the Foundation for a local matching program of agricultural land preservation in accord with Regulation .22 of this chapter.

(3) Money Remaining at End of Fiscal Year. Money remaining in the Fund at the end of a fiscal year may not revert to the general funds of the State, but shall remain in the Maryland Agricultural Land Preservation Fund to be used for the purposes specified in this subtitle. It is the intent that, to the extent feasible, the Foundation use the full amount of money available for the purchase of easements in any fiscal year so as to minimize the amount of money remaining in the Fund at the end of any fiscal year.

(4) Additional Offers to Buy.

(a) If during the first offer cycle, the Foundation receives acceptances of offers to buy in insufficient numbers to expend the first offer cycle allotment (that being 50 percent of the total amount to be allotted for allotted purchases), the Foundation, to the extent feasible, shall tender, after completion of the first round of the first offer cycle, additional offers to buy in sufficient numbers to expend the first offer cycle allotment. If during the second offer cycle, the Foundation receives acceptances of offers to buy in insufficient numbers to expend the remainder of the total amount to be allotted for allotted purchases, the Foundation, to the extent feasible, shall tender, after completion of the first round of the second cycle, additional offers to buy in sufficient numbers to expend the total amount to be allotted and any funds remaining from the first offer cycle allotment.

(b) Additional offers to buy shall be tendered:

(i) To landowners who have applied to sell easements on land which was otherwise acceptable, but who had not received an offer to buy solely because of limitations on the amount of money to be spent for allotted purchases.

(ii) To applicants on a Statewide basis in ascending order with respect to the proportion obtained by dividing the landowner's asking price by the State appraisal easement value for ratios of 1.0 or lower, and in descending order by point totals for ratios of greater than 1.0 as determined by Regulation .20B of this chapter. If proportions obtained are equal, the following land characteristics shall affect priority of acquisitions: highest productive capability, greatest urban pressure, and largest parcel.

(iii) Only after the expiration of the period allowed for acceptance of offers to buy under allotted general and matching purchases.

E. Local Funds.

(1) Transfer of Local Subdivision's Program Open-Space Funds. If authorized by law, a portion of a local subdivision's allocation of program open space funds is transferred to the Maryland Agricultural Land Preservation Fund pursuant to the provisions of Natural Resources Article, §5-903, Annotated Code of Maryland, the Foundation may use these transferred funds only for purchases of easements on land located within the boundaries of the subdivision which requested the transfer of funds. These transferred open-space funds shall be available in addition to any funds which would otherwise be allotted under this subtitle for purchases of easements in the county which requested the transfer of funds, and, at the discretion of the local governing body, the transferred open-space funds may be used for general purchases or applied as the local contribution in matching purchases.

(2) Other Local Funds. Other local funds may be transferred to the Maryland Agricultural Land Preservation Fund.

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.01.22 Local Matching Programs of Agricultural Land Preservation.

A. The Foundation may approve a local matching program of agricultural land preservation, provided that:

(1) The county agrees to make payments up to a specified and Foundation-approved aggregate amount to the Maryland Agricultural Land Preservation Fund to equal at least 40 percent of the value of an easement acquired by the Foundation as a result of a matching allotted purchase made during the ensuing fiscal year;

(2) The county shows evidence that the local matching program for the acquisition of easements for the purposes of agricultural land preservation will not result in preservation of land which does not meet the qualifying criteria as established in these regulations; and

(3) The county request for approval of a local matching program is submitted to the Foundation, together with any necessary agreements, not later than 90 days before the beginning of the fiscal year for which approval is being sought.

B. Approval of a local matching program by the Foundation is valid only during the fiscal year following the fiscal year of the request for approval by the county.

C. Local matching programs shall be approved upon the affirmative vote of a majority of the Board members at-large, and upon approval of the Secretary and the State Treasurer.

D. Local matching programs submitted to the Foundation for consideration shall include:

(1) An inventory of productive agricultural land in the county based upon the qualifying criteria of these regulations;

(2) County agricultural land preservation goals;

(3) Analysis of alternative local means of preserving productive agricultural land;

(4) Analysis of the relationship between the county comprehensive plan and agricultural land preservation goals and program; and

(5) Selected approaches to preserving productive agricultural land.

E. Matching allotted funds shall be available exclusively for the acquisition of easements. The Foundation may not approve matching allotted purchases of easements for land located in any county which has not secured approval from the Foundation for a local matching program of agricultural land preservation.

Cross References

15.15.01.21D(2)(c)

History

  • Administrative History: Effective date: January 12, 1979 (6:1 Md. R. 19)
  • Administrative History: Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)
  • Administrative History: Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984
  • Administrative History: Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)
  • Administrative History: Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)
  • Administrative History: Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)
  • Administrative History: Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)
  • Administrative History: Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)
  • Administrative History: Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)
  • Administrative History: Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)
  • Administrative History: Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)
  • Administrative History: Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)
  • Administrative History: Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)
  • Administrative History: Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)
  • Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)
  • Administrative History: Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)
  • Administrative History: Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)
  • Administrative History: Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland

15.15.02 Formula for Determining the Agricultural Value of Land

COMAR 15.15.02.01 Scope.

These regulations provide the formula for determining the agricultural value of land under the Maryland Agricultural Land Preservation Program.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective March 4, 1991 (18:6 Md. R. 681); emergency status extended at 18:16 Md. R. 1810 (August
  • Administrative History: 9, 1991)
  • Administrative History: Regulations .01—.08 adopted effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .06C amended effective September 8, 1997 (24:18 Md. R. 1297)
  • Authority: Agriculture Article, §2-511, Annotated Code of Maryland
COMAR 15.15.02.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Agricultural land preservation easement” or “easement” means a negative servitude in land which restricts a landowner's right to use the land for any commercial, industrial, or residential purpose except as otherwise permitted under Agriculture Article, §2-513, Annotated Code of Maryland.

(2) “Agricultural value” means the value of the land determined by a formula adopted by the Department that measures the farm productivity of the land.

(3) “Cultivatable land” means the portion of the applicant's land that consists of the following soil groups as classified under the USDA Soil Conservation Service's Soil Capability System: Class I, II, III, IV, V, and VI soils.

(4) “Department” means the Maryland Department of Agriculture.

(5) “Fair market value” means the value of land as of the valuation date for the highest and best use of the land which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property if the property was not subject to any easement restriction.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective March 4, 1991 (18:6 Md. R. 681); emergency status extended at 18:16 Md. R. 1810 (August
  • Administrative History: 9, 1991)
  • Administrative History: Regulations .01—.08 adopted effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .06C amended effective September 8, 1997 (24:18 Md. R. 1297)
  • Authority: Agriculture Article, §2-511, Annotated Code of Maryland
COMAR 15.15.02.03 Purchase of Easement.

If land has development potential for commercial, industrial, or residential use, the Department may purchase, subject to requirements of COMAR 15. 15.01, an agricultural land preservation easement from a landowner. The maximum value that the Department may pay for an easement is the asking price or the difference between the fair market value of the land and the agricultural value of the land, whichever is lower. The Foundation may not purchase an easement from a landowner whose land is already restricted to agricultural use.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective March 4, 1991 (18:6 Md. R. 681); emergency status extended at 18:16 Md. R. 1810 (August
  • Administrative History: 9, 1991)
  • Administrative History: Regulations .01—.08 adopted effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .06C amended effective September 8, 1997 (24:18 Md. R. 1297)
  • Authority: Agriculture Article, §2-511, Annotated Code of Maryland
COMAR 15.15.02.04 Fair Market Value.

The fair market value of the land on which the landowner has applied to sell an easement shall be determined by the Department of General Services based upon one or more appraisals by State appraisers and any appraisals, if any, of the landowner.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective March 4, 1991 (18:6 Md. R. 681); emergency status extended at 18:16 Md. R. 1810 (August
  • Administrative History: 9, 1991)
  • Administrative History: Regulations .01—.08 adopted effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .06C amended effective September 8, 1997 (24:18 Md. R. 1297)
  • Authority: Agriculture Article, §2-511, Annotated Code of Maryland
COMAR 15.15.02.05 Explanation of Formula for Determining Agricultural Value.

A. Formula's Underlying Premise. The agricultural value of the land on which the landowner has applied to sell an easement shall be determined by the formula provided under Regulation .06. This formula, which measures the farm productivity of the applicant's land, provides a method for ascertaining the capitalized value of the sum necessary to rent the applicant's farm. (The formula's premise is that the capitalized value of cash rents paid for land is a reliable indicator of the land's agricultural value.) The formula numerically explains how certain factors such as a farm's location and its soil types affect rent.

B. Factors Affecting Rent.

(1) Soil Types. A survey of Maryland farmers who rented land revealed a strong relationship between rent and soil types, that is, the greater a land's natural productivity, the greater the rent paid for that land (and per the formula's premise, the greater the agricultural value of the land). As explained in Regulation .07, a land's natural productivity is measured in terms of a soil productivity index. This index is based on the natural characteristics of each soil class and how these characteristics relate to crop production.

(2) Location. A survey of Maryland farmers also revealed a relationship between rent and a farm's location, that is, the greater a farm's average distance from Baltimore and Washington, up to 100 miles, the greater the rent paid for that land (and per the formula's premise, the greater the agricultural value of the land). Beyond 100 miles, the relationship between rent and a farm's location was not significant.

(3) Quantifying How Soil Types and Location Affect Rent. From the results of this survey, a mathematical equation was developed which effectively estimates how a farm's soil types and location would affect its rent. Being able to effectively estimate how these factors would affect a farm's rent (and consequently, per the formula's premise, how they would affect a farm's agricultural value), this equation forms a major step in the Department's formula for determining agricultural value. The mathematical equation is as follows: Rent = -53 + (160 X productivity index) + (0.11 X average distance from Baltimore and Washington, up to 100 miles). The equation, however, is only effective for estimating rental values greater than $25 per acre. For this reason, under the Department's formula for determining agricultural value, $25 per acre constitutes the minimum per acre rental value for a parcel of land.

(4) Explanation of Mathematical Equation.

(a) Relationship Between Rent and Soil Types. The chart indicated in Regulation .08 is useful to understand the relationship between rent and soil types. A visual inspection reveals that rents tend to be greater for higher soil productivity indexes. Mathematical methods are used to generalize this relationship into a statistically “best fit” formula shown by the formula line on the graph. The -53 in the equation represents the point where the formula line crosses the rent axis on the graph. It has no practical meaning except to fit the formula line to the data. The 160 in the equation represents the formula line's slope. It means that for each increase of 0.10 in the soil productivity index of a parcel of land, rental values increase $16.

(b) Relationship Between Rent and Location. The relationship between rent and location of this equation can be similarly explained. The 0.11 in the equation means that for every mile increase in average distance that the applicant's land is from Baltimore and Washington, up to 100 miles, rental rates increase by 11 cents.

(c) Range of Equation's Effectiveness. The $25 minimum rent value line indicates that the equation is only effective for estimating rents within the range of the data. In those few cases when, under the equation, a land's rental value is estimated to be less than $25 per acre, use $25 per acre to complete the formula for determining the land's agricultural value.

Cross References

15.15.02.06C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective March 4, 1991 (18:6 Md. R. 681); emergency status extended at 18:16 Md. R. 1810 (August
  • Administrative History: 9, 1991)
  • Administrative History: Regulations .01—.08 adopted effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .06C amended effective September 8, 1997 (24:18 Md. R. 1297)
  • Authority: Agriculture Article, §2-511, Annotated Code of Maryland
COMAR 15.15.02.06 Formula for Determining Agricultural Value.

To determine the agricultural value of the land on which the landowner has applied to sell an easement, complete the following five steps:

A. Step 1. Using the following method, determine the soil productivity index of the parcel of land on which the applicant has applied to sell an easement. First, note how many acres of cultivatable land (Class I through VI soils) are contained in this parcel. Second, determine how many of these acres consist of Class I soils. Third, using the table found in Regulation .07 of this chapter, multiply the number of acres of Class I soils by the soil productivity index for Class I soils. Having completed the calculation process for Class I soils, follow the same process for Class II through Class VI soils. Next, add each of these calculations together. Finally, divide this sum by the total number of acres of cultivatable land contained in the entire parcel. This figure equals the soil productivity index of the applicant's parcel. (For example, if the applicant's parcel consists of 60 acres of Class II soils and 40 acres of Class III soils, the following calculations must be made: 60 acres X 0.72 = 43.20; 40 acres X 0.50 = 20; 43.20 + 20 = 63.20; 63.20 divided by 100 acres = 0.632. The soil productivity index of the applicant's parcel in this example equals 0.632.) Use this calculation to complete Step 3.

B. Step 2. Determine the average distance the applicant's land is from Baltimore and Washington. First, note the distance this land is from Baltimore. Second, note the land's distance from Washington, D.C. To obtain the land's average distance from Baltimore and Washington, add these two distances together and divide by 2. (For example, if the applicant's land is 50 miles from Washington and 20 miles from Baltimore, its average distance from these areas is 35 miles. (50 + 20) divided by 2 = 35.) Use this calculation to complete Step 3.

C. Step 3. Using the mathematical equation discussed in Regulation .05 of this chapter, determine the per acre rental value of the applicant's land. That equation is as follows: Rent = -53 + (160 X productivity index) + (0.11 x average distance from Baltimore and Washington, up to 100 miles). Insert the figures derived from completing Steps 1 and 2 to complete the equation. The productivity index number is the figure derived from completing Step 1. The average distance is the figure derived from completing Step 2. If the average distance is 100 miles or more, insert 100 into the equation. (Using the figures from the examples noted in Steps 1 and 2, the equation is completed as follows: Rent = -53 + (160 X 0.632) + (0.11 X 35) or, to answer the equation, $51.97 per acre.) Use this calculation or the most recent 5-year average cash rent of the county where the property is located, whichever is lower, to complete Step 4. If the rental value calculated in Step 3 or if the running 5-year average cash rent of the county is less than $25 per acre, use $25 per acre to complete Step 4.

D. Step 4. To determine the per acre agricultural value of the applicant's land, divide the figure derived from completing Step 3 (the per acre rental value of the applicant's land) by a capitalization rate of 6 percent (the Department has estimated 6 percent to be the capitalization rate). (Using the figure from the example noted in Step 3, or $51.97 per acre, the per acre agricultural value is $742.43 ($51.97 divided by 0.06).) Use this figure to complete the final step.

E. Step 5. To determine the agricultural value of the applicant's land, multiply the figure derived from completing Step 4 (the per acre value) by the total number of acres of cultivatable land comprising the applicant's land.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective March 4, 1991 (18:6 Md. R. 681); emergency status extended at 18:16 Md. R. 1810 (August
  • Administrative History: 9, 1991)
  • Administrative History: Regulations .01—.08 adopted effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .06C amended effective September 8, 1997 (24:18 Md. R. 1297)
  • Authority: Agriculture Article, §2-511, Annotated Code of Maryland
COMAR 15.15.02.07 Soil Productivity Index*.

| Soil Class | Soil Productivity Index | | --- | --- | | Class I | 1.00 | | Class II | .72 | | Class III | .50 | | Class IV | .50 | | Class V | .18 | | VI | .18 |

*The figures in this table numerically express the soil productivity for each class of soil. Compiled by the Maryland Agricultural Statistics Services, USDA, and the Agricultural Resource Economics Department, University of Maryland, they are based on the capability each class has of producing crops under average management. Class I soils have a high productivity rating. Class II soils have a medium productivity rating which is 28 percent less than Class I. Class III and IV soils have a low productivity rating which is 50 percent less than Class I. Class V and VI soils have the lowest rating which is 82 percent less than Class I.

Cross References

15.15.02.06A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective March 4, 1991 (18:6 Md. R. 681); emergency status extended at 18:16 Md. R. 1810 (August
  • Administrative History: 9, 1991)
  • Administrative History: Regulations .01—.08 adopted effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .06C amended effective September 8, 1997 (24:18 Md. R. 1297)
  • Authority: Agriculture Article, §2-511, Annotated Code of Maryland
COMAR 15.15.02.08 Relationship Between Rent and Soil Productivity Index.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective March 4, 1991 (18:6 Md. R. 681); emergency status extended at 18:16 Md. R. 1810 (August
  • Administrative History: 9, 1991)
  • Administrative History: Regulations .01—.08 adopted effective October 28, 1991 (18:21 Md. R. 2310)
  • Administrative History: Regulation .06C amended effective September 8, 1997 (24:18 Md. R. 1297)
  • Authority: Agriculture Article, §2-511, Annotated Code of Maryland
COMAR 15.15.03.01 Scope.

This chapter establishes the criteria and eligibility for the approval of a tenant house or replacement dwelling house, or both, on a farm subject to an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); adopted permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .02 amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: Regulation .03A, B amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 repealed and new Regulations .01—.06 adopted effective March 7, 2011 (38:5 Md. R. 319)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.03.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Existing dwelling” means a building, structure, or mobile home that was designated by the Foundation and a county as an existing dwelling at the time of the execution of an agricultural land preservation district agreement or agricultural land preservation easement.

(2) “Fully engaged in the operation of a farm” means the tenant is committed to an average of at least 30 hours per week over a continuous 12-month period.

(3) “Replacement dwelling house” means a residential structure that may be built in lieu of a new tenant house if the Foundation has approved the conversion of an existing dwelling house into a tenant house.

(4) Tenant.

(a) “Tenant” means an individual fully engaged in the operation of a farm.

(b) “Tenant” does not include a landowner or a person who has a financial interest in the landowner, including a shareholder interest, partnership interest, or membership interest, full, limited, or otherwise.

(5) “Tenant house” means an accessory structure in service to a farm operation, approved or designated by the Foundation to be restricted to residential use by a tenant or tenants on the property.

Cross References

15.15.12.04G(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); adopted permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .02 amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: Regulation .03A, B amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 repealed and new Regulations .01—.06 adopted effective March 7, 2011 (38:5 Md. R. 319)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.03.03 Tenant House Eligibility.

A. The approval for the construction of a tenant house by the Foundation is not an absolute right of a landowner, and requests shall be reviewed by the Foundation on a case-by-case basis. Each request shall be reviewed to determine if a proposed tenant house is necessary based on the nature of the farming operation. When applying for approval of a tenant house, a landowner shall demonstrate to the Foundation a current and compelling need. To do so, a landowner shall show:

(1) The nature of the farm operation and the reasons why one or more tenant is necessary to carry out farm operations; and

(2) That one or more tenants will be fully engaged in the operations of the farm.

B. Farm Size.

(1) A request for a tenant house may not be considered by the Foundation for any farm of less than 100 acres, unless the Foundation grants an exception based on a showing of compelling need.

(2) Not more than one tenant house per full 100 acres may be considered by the Foundation for a farm, for example, one house for 100—199.99 acres, two houses for 200—299.99 acres, etc.

C. A tenant house may be approved for and occupied only by tenants of whom one or more is fully engaged in the operation of the farm.

D. The Foundation shall approve the location and size of a tenant house as an accessory structure. Unless the Foundation approves otherwise, a tenant house:

(1) Shall be located in the vicinity of other farm buildings;

(2) May not be located on a farm field;

(3) May not be larger in size than at least one nontenant dwelling house on the property, if any exist; and

(4) May not be more than 2,000 square feet in size, calculated by first multiplying the exterior footprint of the portions of the structure with multiple stories by the number of stories with windows, and then adding the exterior footprint of any portions of the structure with one story, but excluding basements, attics, and porches not used as living space, garages, or unenclosed decks.

E. A tenant house, including its size and location, may not be approved by the Foundation unless it conforms to local planning and zoning regulations.

F. A tenant house and the land where it is constructed may not be subdivided and separately conveyed from the farm subject to the easement.

G. The Foundation may not approve the construction of a tenant house solely for the purpose of producing rental income.

Cross References

15.15.12.04G(1)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); adopted permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .02 amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: Regulation .03A, B amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 repealed and new Regulations .01—.06 adopted effective March 7, 2011 (38:5 Md. R. 319)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.03.04 Tenant House Application Procedure.

Before the Foundation may consider a request for a tenant house, a landowner shall submit the following:

A. An application, completed and signed by each titled landowner, which addresses the criteria in Regulation .03;

B. An unmarked copy of the tax map, or boundary survey, which outlines the entire Foundation district or easement property;

C. A second copy of the tax map, which shall include the following:

(1) Property boundaries of the Foundation district or easement property;

(2) Location of, and access to, the proposed tenant house; and

(3) Location of, and access to, all preexisting dwellings, lot exclusions, tenant houses, and farm buildings;

D. A written statement from the landowner indicating:

(1) The tenant will be compensated for the tenant's work;

(2) The duties and responsibilities of the tenant relative to the farming operation; and

(3) The time commitment that the tenant will have to the farming operation stated as average hours per week and total hours over a continuous 12-month period.

E. Written verification from the county program administrator describing:

(1) The current overall farm operation; and

(2) The need for the proposed tenant housing to support the current operation;

F. A letter of recommendation from the local agricultural land preservation advisory board;

G. A written statement from the local planning and zoning office or the county program administrator indicating that the proposed tenant house may be constructed under current local regulations; and

H. A written statement or plan from the landowner stating the size of the proposed tenant house as calculated by first multiplying the exterior footprint of the portions of the structure with multiple stories by the number of stories with windows, and then adding the exterior footprint of any portions of the structure with one story, but excluding basements, attics, and porches not used as living space, garages, or unenclosed decks.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); adopted permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .02 amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: Regulation .03A, B amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 repealed and new Regulations .01—.06 adopted effective March 7, 2011 (38:5 Md. R. 319)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.03.05 Replacement Dwelling House Eligibility.

A. The approval for the construction of a replacement dwelling house by the Foundation is not an absolute right of a landowner. The Foundation shall only approve a request for a replacement dwelling house if the Foundation:

(1) Has approved the application for a tenant house; and

(2) Has approved an existing dwelling house as a tenant house.

B. A replacement dwelling house may be approved and used only for the current or future landowner’s personal residential use.

C. The Foundation shall approve the location and size of a replacement dwelling house as a residential structure. Unless the Foundation approves otherwise, a replacement dwelling house:

(1) Shall be located in the vicinity of other farm buildings;

(2) May not be located on a farm field;

(3) May not be smaller in size than the existing dwelling approved to be redesignated as a tenant house; and

(4) May not be more than 3,500 square feet in size, calculated by first multiplying the exterior footprint of the portions of the structure with multiple stories by the number of stories with windows, and then adding the exterior footprint of any portions of the structure with one story, but excluding basements, attics, and porches not used as living space, garages, or unenclosed decks.

D. A replacement dwelling house, including its size and location, may not be approved by the Foundation unless it conforms to local planning and zoning regulations.

E. The property owner must execute an agreement with the Foundation to prohibit a replacement dwelling house and the land where it is constructed from being separately conveyed from the farm subject to the easement. The agreement will also specify that the replacement dwelling house will be for the personal residential use of the current or future landowners. The agreement shall be recorded among the county land records and shall bind future owners of the property.

F. In counties that require subdivision of nontenant dwelling houses, the subdivision plat will state that the parcel is not to be separately conveyed from the property.

G. If the Foundation approves a replacement dwelling house that is smaller than 3,500 square feet, any proposed additions are subject to the Foundation’s prior review and approval.

H. This section does not apply to applications to replace an existing dwelling house damaged or destroyed by fire, water, or natural causes.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); adopted permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .02 amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: Regulation .03A, B amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 repealed and new Regulations .01—.06 adopted effective March 7, 2011 (38:5 Md. R. 319)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.03.06 Replacement Dwelling House Application Procedure.

Before the Foundation may consider a request for the construction of a replacement dwelling house, a landowner must first obtain approval from the Foundation for a new tenant house. A landowner must submit the following information:

A. An application for conversion of an existing dwelling to a tenant house and for construction of a replacement dwelling house, completed and signed by each titled landowner;

B. An unmarked copy of the tax map, or boundary survey, which outlines the entire Foundation district or easement property;

C. A second copy of the tax map, which shall include the following:

(1) Property boundaries of the Foundation district or easement property;

(2) Location of, and access to, the proposed replacement dwelling house;

(3) Location of, and access to, the existing dwelling which will house the tenant or tenants which made it necessary to construct a replacement dwelling house; and

(4) Location of, and access to, all preexisting dwellings, lot exclusions, tenant houses, and farm buildings;

D. A letter of recommendation from the local agricultural land preservation advisory board;

E. A written statement from the local planning and zoning office or the county program administrator indicating that the proposed replacement dwelling house may be constructed under current local regulations;

F. A signed statement from the landowner acknowledging that the replacement dwelling may only be approved and used for the current or future landowner’s personal residential use; and

G. A written statement or plan from the landowner stating the size of the proposed replacement dwelling house as calculated by first multiplying the exterior footprint of the portions of the structure with multiple stories by the number of stories with windows, and then adding the exterior footprint of any portions of the structure with one story, but excluding basements, attics, and porches not used as living space, garages, or unenclosed decks.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.04 adopted as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); adopted permanently effective February 3, 2003 (30:2 Md. R. 76)
  • Administrative History: Regulation .02 amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: Regulation .03A, B amended effective July 17, 2008 (35:14 Md. R. 1247)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 repealed and new Regulations .01—.06 adopted effective March 7, 2011 (38:5 Md. R. 319)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.04.01 Scope.

This chapter establishes the criteria and eligibility for the approval of the relocation of the site of an existing dwelling on a farm subject to the Maryland Agricultural Land Preservation Program.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective July 20, 2005 (32:18 Md. R. 1517); adopted permanently effective November 7, 2005 (32:22 Md. R. 1758)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.04.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Existing dwelling” means a building, structure, trailer, or mobile home that was designated by the landowner and recognized by the Foundation and the county as an existing dwelling at the time of the establishment of an agricultural land preservation district or sale of the Agricultural Preservation Easement, whether or not the dwelling was occupied at the time of the sale.

(2) “Farm” means any land subject to an agricultural land preservation easement or district agreement.

(3) “Foundation” means the Maryland Agricultural Land Preservation Foundation.

(4) Restoration to Agricultural Use.

(a) “Restoration to agricultural use” means to alter the land to open space so that it may produce a crop or be used for livestock.

(b) “Restoration to agricultural use” does not include altering an existing dwelling to another use as an accessory farm building.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective July 20, 2005 (32:18 Md. R. 1517); adopted permanently effective November 7, 2005 (32:22 Md. R. 1758)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.04.03 Eligibility.

A. Requests for Approval.

(1) The approval to relocate the 1-acre site of any dwelling by the Foundation is not an absolute right of a landowner.

(2) Requests shall be reviewed on a case-by-case basis, and approved if consistent with the guidelines established by this chapter.

(3) Each request shall be reviewed to determine if:

(a) The proposed new site for any new dwelling will adversely affect farming operations; and

(b) The site where the dwelling exists at the time of the request may be restored to agricultural use.

B. Dwelling Relocation Criteria.

(1) A request to relocate the site of an existing dwelling on a farm may not be approved by the Foundation if it increases the residential development or the number of dwellings on the farm.

(2) The proposed new site for a new dwelling:

(a) Is subject to the Foundation's approval; and

(b) May not be located in an area that interferes with any agricultural use.

(3) The Foundation's approval for a new site for an existing dwelling shall be conditioned upon the removal of the existing dwelling, and restoration of the existing dwelling site to agricultural use, within 60 days after the use and occupancy permit is issued for the new dwelling, or sooner, if required under county law.

(4) A request to relocate the 1-acre site of any proposed new dwelling may not be approved unless the landowner can demonstrate to the Foundation that the existing dwelling site can be restored to agricultural use.

(5) A landowner's request to relocate the site of an existing dwelling may not be approved if its purpose is solely for aesthetic reasons.

Cross References

15.15.04.04B

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective July 20, 2005 (32:18 Md. R. 1517); adopted permanently effective November 7, 2005 (32:22 Md. R. 1758)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.04.04 Application Procedure.

Before the Foundation may consider and approve a landowner's request to relocate the site of an existing dwelling, all of the following shall be filed with the Foundation:

A. A written application for the relocation of a dwelling which has been completed and signed by all titled landowners, which shall include the following:

(1) A map that clearly indicates:

(a) The property boundaries of the easement property;

(b) The location of, and proposed access to, the new site of the proposed dwelling;

(c) The location of and access to the existing dwelling; and

(d) The location of Class I, II, and III soils;

(2) Photographs of the property showing views of the property from the nearest roads;

(3) A description of the farm operation;

(4) A written statement from the landowner that the existing dwelling shall be removed at the landowner's expense and the existing dwelling site restored to agricultural use within 60 days after a use and occupancy permit is issued for the new dwelling, subject to the Foundation's inspection; and

(5) A detailed description showing how the landowner proposes to restore the site of the existing dwelling to agricultural use;

B. A written review from the county program administrator of the applicant's proposal, based upon the “Dwelling Relocation Criteria”, in accordance with Regulation .03B of this chapter, and any other information that may assist the Foundation in making its decision;

C. A letter from the local soil conservation district on the feasibility of the landowner's plan to restore the 1-acre site to agricultural use;

D. A letter of recommendation from the local agricultural land preservation advisory board; and

E. A written statement from the local planning and zoning office or the county program administrator stating that the landowner's proposal to tear down a dwelling in exchange for a new dwelling on the 1-acre construction site is allowed under local regulations.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective July 20, 2005 (32:18 Md. R. 1517); adopted permanently effective November 7, 2005 (32:22 Md. R. 1758)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.04.05 Agreement.

If the Foundation approves a landowner's request to relocate a dwelling, the landowner shall enter into a written agreement with the Foundation, to be recorded among the county land records, describing the terms and conditions of the Foundation's approval for the site for the relocation of the dwelling.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective July 20, 2005 (32:18 Md. R. 1517); adopted permanently effective November 7, 2005 (32:22 Md. R. 1758)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland

15.15.05 Easement Termination Requests

COMAR 15.15.05.01 Purpose.

A. This chapter provides the process for an eligible landowner to request that the Maryland Agricultural Land Preservation Foundation terminate an agricultural land preservation easement. Each easement granted to the Foundation is of perpetual duration and may be terminated only under extraordinary circumstances. The easement’s broad purpose is to:

(1) Provide a present and future source of agricultural products within the State for the citizens of the State;

(2) Control urban expansion, which is consuming the agricultural land and woodland of the State;

(3) Curb the spread of urban blight and deterioration; and

(4) Protect agricultural land and woodland as open-space land.

B. An easement may be reviewed for possible termination 25 years after the purchase of the easement, but only if the Board of Public Works approved the easement for purchase before October 1, 2004, unless the right to apply to terminate the easement has been waived in the deed of easement or in a subsequent written instrument.

C. As Agriculture Article, §2-514, Annotated Code of Maryland, provides, a termination must be approved by the Foundation and by the county governing body where the land is located. Similar to when an easement is purchased, the Foundation and the county have separate duties and responsibilities when reviewing an easement for possible termination. In the case of easement termination, the county’s responsibility is to consider factors relating to local land use policies, while the Foundation’s separate responsibility is to determine whether future profitable farming is feasible on the land under easement. The Foundation may only approve the termination if it finds that future profitable farming is not feasible. If either the county or the Foundation deny any termination request, an easement may not be terminated.

History

  • Administrative History: Effective date: November 7, 2005 (32:22 Md. R. 1758)
  • Administrative History: Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective October 8, 2018 (45:20 Md. R. 919)
  • Authority: Agriculture Article, §§2-504 and 2-514, Annotated Code of Maryland
COMAR 15.15.05.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Agricultural product” includes, but is not limited to, livestock and crops.

(2) “County governing body” means the board of county commissioners or, in a charter county, the county executive and the county council of a county.

(3) “Easement” means an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation, solely or jointly with any other entity or local government, and approved for purchase by the Board of Public Works prior to October 1, 2004.

(4) “Foundation” means the Maryland Agricultural Land Preservation Foundation.

(5) “Landowner” means the fee simple owner of the land that is subject to easement restrictions.

(6) “Profitable farming is feasible on the land” means that an agricultural product can be produced on the land that can be sold to realize an excess of return over expenditures, excluding any expenditures or costs to construct farm structures, to acquire the land itself, or to service any debt or financing incurred to acquire the land.

(7) “Secretary” means the Secretary of Agriculture.

History

  • Administrative History: Effective date: November 7, 2005 (32:22 Md. R. 1758)
  • Administrative History: Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective October 8, 2018 (45:20 Md. R. 919)
  • Authority: Agriculture Article, §§2-504 and 2-514, Annotated Code of Maryland
COMAR 15.15.05.03 Landowner’s Request for Easement Termination.

A. Request. A landowner, whose farm is subject to an easement, may submit a written request to the Foundation to review the easement for possible termination.

B. Form. A landowner’s written request shall be submitted on a form provided by the Foundation that explains, as defined by this chapter, why profitable farming is not feasible on the land under the easement.

C. Restriction. A landowner’s request for termination review may not be considered by the Foundation unless 25 years have passed from the date that the Foundation purchased the easement.

History

  • Administrative History: Effective date: November 7, 2005 (32:22 Md. R. 1758)
  • Administrative History: Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective October 8, 2018 (45:20 Md. R. 919)
  • Authority: Agriculture Article, §§2-504 and 2-514, Annotated Code of Maryland
COMAR 15.15.05.04 County Review.

A. Notice to County of Landowner’s Request. Upon receipt of a landowner’s request for review to terminate an easement on the form provided by the Foundation, the Foundation shall notify the governing body of the county where the land is located of the landowner’s request.

B. County Agricultural Advisory Board Recommendation. Upon receipt from the Foundation of a landowner’s request for review to terminate an easement, the county governing body shall notify and ask for the recommendation of the county agricultural preservation advisory board, established under Agriculture Article, §2-504.1, Annotated Code of Maryland, or any other appropriate county agency or board. The advisory board or other county agency shall recommend to the county governing body the approval or disapproval of the termination of the easement based on current land use regulations, local comprehensive planning, and any local priorities for the preservation of agricultural land.

C. County Public Hearing. Upon receipt of the recommendation of the county agricultural preservation advisory board and, as determined by the county, any other appropriate county agency or board, the county governing body shall conduct a public hearing, after adequate public notice, to consider approving or disapproving the termination of the easement based on the following criteria:

(1) The county agricultural preservation advisory board’s recommendation regarding the termination request;

(2) Local comprehensive planning and zoning considerations;

(3) Local priorities to preserve agricultural land;

(4) Local patterns of development; and

(5) Other land use considerations.

D. County Decision. After conducting the public hearing required in §C of this regulation, the county governing body shall prepare a written decision on the landowner’s termination request, which decision shall either:

(1) Deny the termination request and end the termination review process; or

(2) Approve the termination request for additional review by the Foundation.

History

  • Administrative History: Effective date: November 7, 2005 (32:22 Md. R. 1758)
  • Administrative History: Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective October 8, 2018 (45:20 Md. R. 919)
  • Authority: Agriculture Article, §§2-504 and 2-514, Annotated Code of Maryland
COMAR 15.15.05.05 Foundation Review.

A. The Foundation shall review a landowner’s termination request only if the county governing body approves a landowner’s termination request in writing.

B. The Foundation’s review of a landowner’s termination request requires the Foundation Board of Trustees members at large to determine, in writing, whether profitable farming is feasible on the land, which determination may be based on the following:

(1) An expert opinion as to whether profitable farming on the land is feasible;

(2) The effect of any nonagricultural development adjacent to the land;

(3) Whether markets exist for any agricultural products that can be produced on the land;

(4) The profitability of nearby farms, if such information is readily available to the Board of Trustees members at large;

(5) Any information the landowner asks the Board of Trustees members at large to consider; or

(6) Any additional information the Board of Trustees members at large deem relevant to determine if it is feasible to farm the land in a profitable manner.

C. To assist with the determination of whether profitable farming is feasible on the land, the landowner may request the Foundation Board of Trustees members at large to conduct a hearing, which request shall be submitted in writing to the Foundation within 30 days after the date of the county governing body’s written decision approving the landowner’s termination request. If the landowner fails to request a hearing within the required time period, no hearing shall be required.

D. Standard of Review for Foundation Consideration of Termination Request.

(1) To determine whether profitable farming is feasible on the land, the Foundation Board of Trustees members at large shall presume that it is feasible to farm the subject land in a profitable manner and the landowner has the burden to rebut this presumption.

(2) The standard by which feasibility of profitable farming is measured is based on whether any landowner can profitably farm the land in question and not whether the particular landowner seeking termination has been able to profitably farm the land.

E. Foundation’s Decision. The Foundation Board of Trustees members at large shall prepare a written decision regarding the landowner’s termination request, which decision shall either:

(1) Deny the termination request and end the termination review process; or

(2) Approve the termination request for additional consideration by the Secretary and the State Treasurer.

History

  • Administrative History: Effective date: November 7, 2005 (32:22 Md. R. 1758)
  • Administrative History: Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective October 8, 2018 (45:20 Md. R. 919)
  • Authority: Agriculture Article, §§2-504 and 2-514, Annotated Code of Maryland
COMAR 15.15.05.06 Secretary and State Treasurer Review.

A. The Secretary and State Treasurer shall consider a landowner’s termination request only if the county governing body and the Foundation Board of Trustees members at large approve a landowner’s termination request in writing.

B. An easement may only be terminated if both the Secretary and the State Treasurer approve the request for termination, which approval or denial may be provided by the Secretary and the State Treasurer’s designees serving on the Foundation’s Board of Trustees.

History

  • Administrative History: Effective date: November 7, 2005 (32:22 Md. R. 1758)
  • Administrative History: Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective October 8, 2018 (45:20 Md. R. 919)
  • Authority: Agriculture Article, §§2-504 and 2-514, Annotated Code of Maryland
COMAR 15.15.05.07 Appeal.

The landowner seeking the termination request may appeal any decision of the county governing body, the Foundation Board of Trustees members at large, the Secretary or the State Treasurer to the circuit court of the county where the land is located.

History

  • Administrative History: Effective date: November 7, 2005 (32:22 Md. R. 1758)
  • Administrative History: Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective October 8, 2018 (45:20 Md. R. 919)
  • Authority: Agriculture Article, §§2-504 and 2-514, Annotated Code of Maryland
COMAR 15.15.05.08 Landowner Repurchase of Easement.

A. Order of Two Appraisals at Landowner’s Expense. Within 10 days after both the Secretary and the State Treasurer approve the termination request, the landowner shall remit good funds as instructed by the Foundation to pay for the cost of two appraisals to determine the fair market value of the easement land, which appraisals shall be ordered by the Department of General Services. The date of valuation shall be the date that the Foundation Board of Trustees members at large approved the landowner’s termination request. If the Department of General Services must also determine the agricultural value of the land as provided by §C(1) of this regulation, it shall order two appraisals of the agricultural value of the land at the same time it orders the two appraisals to determine the fair market value of the easement land. The landowner shall pay the costs to acquire all such appraisals.

B. Determining Fair Market Value. After review of the two appraisals of the subject property, the Department of General Services shall determine the land’s fair market value and promptly notify the Foundation in writing of its determination. For purposes of this regulation, the fair market value of land is the price as of the valuation date for the highest and best use of the property which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property if it were not subject to an agricultural land preservation easement.

C. Determining Agricultural Value.

(1) Based on the Ordered Appraisals. If, at the time the Foundation acquired the easement, the land’s agricultural value was determined by an appraisal, the Department of General Services shall determine the land’s agricultural value and promptly notify the Foundation of its determination. For purposes of this regulation, the agricultural value of land, as determined by an appraisal, is the price as of the valuation date which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property as a farm unit, to be used for agricultural purposes.

(2) Based on the Agricultural Formula. If, at the time the Foundation acquired the easement, the land’s agricultural value was determined by the agricultural formula, the Foundation shall use the formula in effect at the time for determining the land’s agricultural value.

D. The Foundation shall notify the landowner of the land’s approved fair market value and agricultural value after:

(1) The Department of General Services has notified the Foundation of these approved values as provided in §§B and C(1) of this regulation; and

(2) If applicable, the Foundation determines the land’s agricultural value as provided in §C(2) of this regulation.

E. Election to Repurchase. As required by Agriculture Article, §2-514(i)(4)(ii), Annotated Code of Maryland, the landowner has no more than 30 days following the notification set forth in §D of this regulation to elect to repurchase the easement by paying to the Foundation the difference between the fair market value and the agricultural value of the subject land. Such election notice must be received by the Foundation, in writing, within 30 days following the date of the notification set forth in §D of this regulation.

F. Repurchase. The landowner has no more than 180 days following the notification set forth in §D of this regulation to repurchase the easement by paying to the Foundation the difference between the fair market value and the agricultural value of the subject land, subject to Board of Public Works approval, as set forth in State Finance and Procurement Article, §10-301 et seq., Annotated Code of Maryland.

G. Upon receipt of payment of all required funds as specified in §§A and F of this regulation, the Foundation shall prepare, execute, and deliver to the landowner for recording a Termination of Easement.

Cross References

15.15.05.09

History

  • Administrative History: Effective date: November 7, 2005 (32:22 Md. R. 1758)
  • Administrative History: Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective October 8, 2018 (45:20 Md. R. 919)
  • Authority: Agriculture Article, §§2-504 and 2-514, Annotated Code of Maryland
COMAR 15.15.05.09 Subsequent Request for Termination After Denial or Failure to Repurchase.

If a request for termination is denied, or if the landowner fails to elect to repurchase the easement within 30 days of the notification required under Regulation .08D of this chapter, or fails to repurchase the easement within 180 days of the same notification, the landowner may not again request termination of the easement until 5 years after the last request for termination.

History

  • Administrative History: Effective date: November 7, 2005 (32:22 Md. R. 1758)
  • Administrative History: Regulation .07 amended effective March 3, 2014 (41:4 Md. R. 305)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective October 8, 2018 (45:20 Md. R. 919)
  • Authority: Agriculture Article, §§2-504 and 2-514, Annotated Code of Maryland

15.15.06 Lot Released from Easement for Landowner or Child

COMAR 15.15.06.01 Scope.

A. This chapter applies to any lot released by the Foundation to an eligible landowner or landowner's child for the landowner's or landowner's child's use and occupancy on a farm. This chapter describes release procedures and explains when the lot may be conveyed.

B. The lots permitted to be released from the deed of easement under this chapter are:

(1) Restricted under the terms of each agricultural land preservation easement; and

(2) Intended only for the limited purpose of constructing a dwelling for the eligible landowner who sold or transferred an easement to the Foundation or for the child of a landowner or landowners, thereby allowing immediate family members to live on the farm.

C. Except as provided by this chapter, these dwellings or lots may not be transferred or conveyed to any other person.

D. This chapter does not apply to an unrestricted lot released by the Foundation from the deed easement.

Cross References

15.15.12.04A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 17, 2006 (33:17 Md. R. 1435); adopted permanently effective November 6, 2006 (33:22 Md. R. 1733)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 8, 2013 (40:13 Md. R. 1076)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.06.02 Definitions.

A. In this chapter, the following terms has the meanings indicated.

B. Terms Defined.

(1) “Child” means the child of an eligible landowner who sold or transferred an agricultural land preservation easement to the Foundation.

(2) “Dwelling” means the dwelling house, including lot acreage, allowed to be released under Agriculture Article, §2-513, Annotated Code of Maryland, and under the terms of an agricultural land preservation easement, for the use and occupancy of an eligible landowner or landowner's child on the farm.

(3) “Farm” means the land encumbered by the agricultural land preservation easement.

(4) “Landowner” means the landowner or landowners who sold or transferred an agricultural land preservation easement to the Foundation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 17, 2006 (33:17 Md. R. 1435); adopted permanently effective November 6, 2006 (33:22 Md. R. 1733)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 8, 2013 (40:13 Md. R. 1076)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.06.03 Lot Eligibility.

Upon approval and release by the Foundation, only a landowner who sold or transferred an easement to the Foundation or a landowner’s child is eligible to construct a dwelling on a lot on the farm for the bona fide use and occupancy of the landowner or the child.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 17, 2006 (33:17 Md. R. 1435); adopted permanently effective November 6, 2006 (33:22 Md. R. 1733)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 8, 2013 (40:13 Md. R. 1076)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.06.04 Lot Approval and Release.

A. Before a lot may be released from an easement’s restrictions for the construction of a dwelling house, the landowner shall submit a signed application to the Foundation. The application shall include:

(1) A declaration that the lot and dwelling are for the use only of the landowner or the landowner’s child, whichever is the case;

(2) If the application is for an owner’s lot and there is more than one landowner, a statement acknowledging that the right to request release of the eligible owner’s lot is being exercised;

(3) If the application is for a child’s lot, a copy of the birth certificate of the landowner’s child to prove that the landowner’s child is a minimum of 18 years old at the date of the issuance of the preliminary release;

(4) A description of the land where the dwelling is to be located, along with proposed access to the dwelling;

(5) A survey plat or tax map that shows the precise location of the proposed lot; and

(6) Signed statements indicating approval of the lot from both the local agricultural land preservation advisory board and the county planning and zoning department.

B. Corporation or Similar Entity’s Request for Child’s Lot. The Foundation may not approve an application from a corporation, partnership, limited liability company, or other similar entity (“the entity”) for an owner’s or child’s lot unless:

(1) At the time of the sale of the deed of easement, the entity is owned by family members who are actively engaged in the daily agricultural operations on the land (“the original family members”);

(2) At the time of the request for an owner’s lot or child’s lot, at least one of the original family members has retained an uninterrupted, continuous ownership interest in the entity or its successor since the sale of the deed of easement; and

(3) The entity is otherwise eligible to have a lot released.

C. Owner’s Lot. If an easement property has more than one landowner, only one lot may be released for the use and occupancy of an owner, regardless of how the land is titled (that is, as tenants in common, joint tenancy, tenancy by the entirety, or in an entity).

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 17, 2006 (33:17 Md. R. 1435); adopted permanently effective November 6, 2006 (33:22 Md. R. 1733)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 8, 2013 (40:13 Md. R. 1076)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.06.05 Lot Release.

A. Two-Part Release.

(1) After Foundation approval, the release of the lot shall consist of two parts, a preliminary release and a final release, as specified in Agriculture Article, §2-513, Annotated Code of Maryland.

(2) After receiving payment for the lot, the Foundation will issue a preliminary release which conditionally releases the lot from the terms of the easement.

(3) The Foundation will issue a final release when the Foundation receives and certifies a nontransferable building permit in the name of the landowner or child for the construction of a dwelling house.

B. The preliminary release becomes void:

(1) Upon the death of the person for whom the release was intended if the Foundation has not yet received a building permit; or

(2) If the Foundation does not receive a nontransferable building permit in the name of the landowner or the child within 3 years of the date of recordation of the preliminary release, unless extended by a majority vote of the Foundation Board of Trustees.

C. If the person for whom the release was intended occupies the dwelling before a final release is issued, the Foundation may give credit for the occupancy toward the 5-year period referred to in Regulation .06 of this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 17, 2006 (33:17 Md. R. 1435); adopted permanently effective November 6, 2006 (33:22 Md. R. 1733)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 8, 2013 (40:13 Md. R. 1076)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.06.06 Lot Transfer Restrictions.

A. A landowner or child who has a lot released under the terms of the easement shall occupy the dwelling constructed on the lot and may not convey or lease the improved lot to any person until 5 years after the effective date of the final release. The Foundation may require evidence that the person for whom the lot was released occupies the dwelling for the 5-year period.

B. Before the expiration of the 5-year period, the Foundation may only approve a landowner’s or child’s request to convey a lot improved with a dwelling upon the occurrence of the following events:

(1) Notice to the Foundation of a transfer pursuant to:

(a) A bona fide foreclosure of a mortgage or deed of trust; or

(b) A deed in lieu of foreclosure;

(2) The death of the landowner or the child for whom the lot was released;

(3) A decree of divorce where the landowner or child is ordered to sell or convey the lot as part of a bona fide property settlement;

(4) A change of employment location of the landowner or child for whom the lot was released if the Foundation determines that it would be impractical for the landowner or child to commute to the new work location; or

(5) Any other circumstance, as determined by the Foundation, where it would be impossible for the landowner or child to continue to occupy the dwelling.

C. For purposes of illustration by way of example and not limitation, the Foundation may require the owner of the released lot to convey the lot to the current owner of the land encumbered by the easement from which it was released and subject the lot to the terms of the easement, if:

(1) A dwelling constructed upon the lot is conveyed or leased to a person other than the owner or child for whom the lot was released before the expiration of the 5-year period;

(2) The lot is conveyed or leased to another person prior to the construction of a dwelling for the personal residential use of the landowner or child;

(3) A dwelling is not constructed upon the lot during the lifetime of the landowner or child for whom the lot was released; or

(4) The landowner or child for whom the lot was released relinquishes the right to construct a dwelling on the lot.

Cross References

15.15.06.05C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 17, 2006 (33:17 Md. R. 1435); adopted permanently effective November 6, 2006 (33:22 Md. R. 1733)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 8, 2013 (40:13 Md. R. 1076)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.06.07 Easement Violation.

A person who conveys, or receives, a lot in violation of this chapter is in violation of Agriculture Article, Title 2, Subtitle 5, Annotated Code of Maryland, the terms of the agricultural land preservation easement applicable to the farm, and the terms of the applicable release.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.06 adopted as an emergency provision effective July 17, 2006 (33:17 Md. R. 1435); adopted permanently effective November 6, 2006 (33:22 Md. R. 1733)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 8, 2013 (40:13 Md. R. 1076)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.07.01 Scope.

This chapter establishes the criteria and eligibility for the approval of allowable uses or activities on a farm subject to an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation.

History

  • Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1959)
  • Authority: Agriculture Article, §§2-504 and 2-513(b), Annotated Code of Maryland
COMAR 15.15.07.02 Eligibility.

The Maryland Agricultural Land Preservation Foundation may approve farm, forest, or home occupation related uses or activities of eligible landowners on a farm subject to easement restrictions even though the use or activity does not strictly fall within the definition of traditional agricultural use. Each request shall be reviewed by the Foundation based on the criteria provided by this chapter to determine if a landowner's requested use or activity conflicts with the overall purpose of the easement to preserve the farm for agricultural use and as open-space land.

History

  • Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1959)
  • Authority: Agriculture Article, §§2-504 and 2-513(b), Annotated Code of Maryland
COMAR 15.15.07.03 Criteria to be Considered.

The Foundation shall consider the following criteria in determining whether to approve or disapprove any use or activity:

A. Proportion of size of use or activity to total farm operation;

B. Compatibility with farm or forest production;

C. Potential damage to soil productivity;

D. Extent of use of existing farm structures or buildings, and impact on the value of the existing structure for farm or forestry use;

E. Whether any new structure or parking to support the use meets Foundation guidelines for location, scale, and impervious surfaces;

F. Compatibility with the rural character of the farm and the surrounding area;

G. County advisory board recommendation;

H. Compatibility with the implementation or maintenance of a best management practice provided in a soil conservation and water quality plan for the farm and, if applicable, a Forest Stewardship Plan or a nutrient management plan; and

I. Impact on sensitive natural resources on the farm, such as steep slopes, highly erodible soils, wetlands, or stream buffers.

History

  • Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1959)
  • Authority: Agriculture Article, §§2-504 and 2-513(b), Annotated Code of Maryland
COMAR 15.15.07.04 Application Procedure.

Before the Foundation may consider a request for approval of any use or activity provided by this chapter, all of the following information shall be submitted by the county on behalf of the landowner:

A. An application for approval that has been completed and signed by all titled landowners that fully and completely describes the proposed use or activity on the farm;

B. A letter of recommendation from the local agricultural land preservation advisory board or program administrator;

C. A written statement from the local planning and zoning office, or the county program administrator, indicating that the proposed use or activity is permitted as of right or by special exception under local zoning; and

D. A written statement from the local soil conservation district that the use or activity does not:

(1) Interfere in the implementation or maintenance of a best management practice for the farm provided in its soil conservation and water quality plan; or

(2) Adversely impact sensitive natural resources on the farm, if this statement is requested by the Foundation.

History

  • Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1959)
  • Authority: Agriculture Article, §§2-504 and 2-513(b), Annotated Code of Maryland
COMAR 15.15.07.05 Violation.

Any landowner who violates an approval by the Foundation for any use or activity may also be in violation of that landowner's district agreement or agricultural land preservation easement. This violation may result in the rejection of the landowner's offer to sell an easement or in the enforcement of easement restrictions.

History

  • Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1959)
  • Authority: Agriculture Article, §§2-504 and 2-513(b), Annotated Code of Maryland

15.15.08 Installment Purchase Agreement Grant Program

COMAR 15.15.08.01 Purpose.

This chapter establishes the criteria for a program administered by the Maryland Agricultural Land Preservation Foundation to purchase easements under an installment purchase agreement for farmland selected by the Foundation, in cooperation with:

A. An eligible county, if a landowner chooses an eligible county's installment purchase agreement program; or

B. The Maryland Agricultural and Resource-Based Industry Development Corporation, if a landowner chooses the Foundation's installment purchase agreement program.

History

  • Administrative History: Effective date: July 17, 2008 (35:14 Md. R. 1247)
  • Authority: Agriculture Article, §§2-504, 2-505, and 2-510.1, Annotated Code of Maryland
COMAR 15.15.08.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “County” means any county containing productive agricultural land that is actively farmed and that meets the criteria for land for easement purchase by the Maryland Agricultural Land Preservation Foundation.

(2) “Easement” means an agricultural land preservation easement as defined by COMAR 15.15.01.01-2.

(3) “Eligible county” means a county as provided in this chapter that has been approved by the Maryland Agricultural Land Preservation Foundation for a county IPA program, pursuant to Regulation .04A of this chapter.

(4) “Escrow closing” means the date when all documents have been executed in connection with the sale of an easement.

(5) “Foundation” means the Maryland Agricultural Land Preservation Foundation.

(6) “IPA” means an installment purchase agreement between a landowner and an eligible county or the Maryland Agricultural and Resource-Based Industry Development Corporation to purchase an easement by:

(a) Payment of semiannual interest at a fixed interest rate on the outstanding balance of the easement purchase price; and

(b) Payment of the outstanding balance of the easement purchase price in one or more installments over a stated term of years.

(7) “Landowner” means the fee simple owner of land that is subject to easement restrictions.

(8) “MARBIDCO” means the Maryland Agricultural and Resource-Based Industry Development Corporation.

(9) “MOU” means a memorandum of understanding that states the duties and responsibilities between the Foundation and an eligible county as to grants to purchase an easement through an IPA program.

(10) “Settlement” means the date established at escrow closing, when interest on any installment purchase agreement begins to accrue.

History

  • Administrative History: Effective date: July 17, 2008 (35:14 Md. R. 1247)
  • Authority: Agriculture Article, §§2-504, 2-505, and 2-510.1, Annotated Code of Maryland
COMAR 15.15.08.03 Landowner's Option for Installment Purchase Agreement.

A. The Foundation may offer to buy an easement from a landowner through an IPA either:

(1) In an eligible county where the land will be subjected to easement restrictions; or

(2) Through MARBIDCO, if the offer is not for less than $100,000.

B. At the time of escrow closing on an IPA, the landowner and the Foundation shall agree to the terms of an IPA, including the following:

(1) Payment from MARBIDCO shall be made in cash for not less than:

(a) The maximum value, based on the Foundation's per-acre purchase price, of any easements on an unrestricted lot or family lots reserved by the landowner at escrow closing for future purchase from the Foundation; and

(b) Any additional amounts, as required by the Foundation;

(2) Payment from MARBIDCO shall be made in one or more IPAs, each in a principal amount not less than $100,000;

(3) An IPA shall be with the appropriate eligible county or MARBIDCO; and

(4) If the IPA is with MARBIDCO, the maturity date shall be at least 10 years from settlement for each IPA.

C. A landowner's designation of the appropriate eligible county for an IPA shall be approved by the eligible county before escrow closing.

History

  • Administrative History: Effective date: July 17, 2008 (35:14 Md. R. 1247)
  • Authority: Agriculture Article, §§2-504, 2-505, and 2-510.1, Annotated Code of Maryland
COMAR 15.15.08.04 Grant to Eligible County.

A. A county is an eligible county for purposes of this chapter upon the Foundation's approval and after submission by the county to the Foundation of:

(1) The IPA form to be used by the county to purchase easements pursuant to a Foundation offer, which installment purchase agreement shall meet the requirements of Agriculture Article, §2-510.1(b), Annotated Code of Maryland, and otherwise be acceptable to the Foundation;

(2) The opinion of bond counsel form that states that the IPA is legal, valid and binding, and that interest paid under the IPA is exempt from federal and Maryland state and local income taxes, in form and substance satisfactory to the Foundation; and

(3) An ordinance, resolution, or other evidence of approval acceptable to the Foundation authorizing the issuance of the IPA by the county.

B. The terms of an eligible county's IPA program are governed by an MOU that states the duties and obligations between the Foundation and an eligible county and shall:

(1) Require the county to make annual equal payments to the landowner of interest on the outstanding balance of the purchase price;

(2) Require that the county pay the landowner the remainder of the purchase price at the end of the term;

(3) State the total amount of money the county will pay the landowner, the interest rate, and the terms of the agreement; and

(4) Require that the easement be recorded within 30 days of settlement.

C. If a landowner elects to sell an easement through an IPA with an eligible county, the Foundation shall, before escrow closing on the easement, ask the State Treasurer to provide funds for the Foundation's portion of the easement purchase price as a grant to the eligible county.

D. An easement acquired by an eligible county according to an IPA:

(1) Shall be held jointly by the eligible county and the Foundation; and

(2) May not terminate.

E. An eligible county may use a Foundation grant described in §C of this regulation to provide for the easement purchase price due under the IPA.

F. If the amount of the Foundation grant exceeds the amount needed by a county to settle the easement transaction, the remaining amount of the grant shall be used to extend offers to purchase additional easements within that county in ranking order as provided by Agriculture Article, §2-510, Annotated Code of Maryland. However if there are no additional approved applicants within that county, the remaining IPA grant funds shall be retained, along with any future fund allocation by the Foundation, for up to two subsequent easement cycles for the purpose of making IPA easement offers to applicants in that county. IPA grant funds not used within those three consecutive easement cycles will revert to the Maryland Agricultural Land Preservation Fund.

G. County IRA grant funds from the Foundation may only be used for farmland easement purchases, and may not be used to make offers through any local preservation program or to pay interest on an IPA.

H. An eligible county may not use a Foundation grant for an IPA in the Foundation's matching grant program pursuant to Agriculture Article, §2-512, Annotated Code of Maryland.

Cross References

15.15.08.02B(3)

History

  • Administrative History: Effective date: July 17, 2008 (35:14 Md. R. 1247)
  • Authority: Agriculture Article, §§2-504, 2-505, and 2-510.1, Annotated Code of Maryland
COMAR 15.15.08.05 Foundation IPA.

If a landowner elects to participate in the Foundation IPA program, and a county is paying a portion of the easement purchase price, the county shall provide its portion to the Foundation within 30 days of the Foundation's notice.

History

  • Administrative History: Effective date: July 17, 2008 (35:14 Md. R. 1247)
  • Authority: Agriculture Article, §§2-504, 2-505, and 2-510.1, Annotated Code of Maryland

15.15.09 Civil Penalty Standards

COMAR 15.15.09.01 Penalty in Violation.

A. The Foundation may impose a civil penalty on an owner of a property whose farm is subject to the terms of an easement granted under Agriculture Article, Title 2, Subtitle 5, Annotated Code of Maryland, who violates that subtitle, any regulations adopted in accordance with the subtitle, or the terms of the easement.

B. A civil penalty may be imposed by the Foundation instead of, or in addition to, any remedies at law or in equity.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-519, Annotated Code of Maryland
COMAR 15.15.09.02 Violation.

A. Property Use. Except as otherwise permitted by Agriculture Article, §2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Uses easement property for commercial, industrial, or residential use;

(2) Grants an easement, right-of-way, oil, gas, or mineral lease, or similar servitude on land to any person or government agency;

(3) Erects a sign, billboard, or outdoor advertising on easement property;

(4) Dumps ashes, sawdust, bark, trash, or rubbish on easement property, except when used in normal agricultural practices; or

(5) Violates an approval by the Foundation for any use or activity under the deed of easement.

B. Property Management. Except as otherwise permitted by Agriculture Article, §2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Fails to manage easement property with sound agricultural soil and water conservation practices; or

(2) Fails to manage easement property with sound forest stewardship practices, if the land contains 25 acres or more of contiguous forest.

C. Subdivision or Conveyance. Except as otherwise permitted by Agriculture Article, §2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Divides, partitions, or subdivides the property, or otherwise creates a lot for any purpose, including off conveyance or boundary line adjustment;

(2) Sells, transfers, gives, bequeaths, donates, or otherwise divides, any pre-existing subdivided parcel separately from the total of the parts in an easement, whether voluntarily, involuntarily, or by reason of foreclosure or bankruptcy;

(3) Transfers or sells any remaining developmental rights of the property; or

(4) Fails to comply with lot transfer restrictions.

D. Dwelling House. Except as otherwise permitted by Agriculture Article, §2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Constructs a dwelling on easement property;

(2) Constructs a replacement dwelling house on easement property; or

(3) Permits any lot or dwelling house constructed on an owner's or child's lot to be used for the purposes of an individual other than a property owner or, in the case of a child's lot, the identified child.

E. Tenant House. Except as otherwise permitted by Agriculture Article, §2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Constructs a tenant house on easement property;

(2) Allows a dwelling designated as a tenant house to be occupied entirely by individuals who are not fully engaged in the operation of the farm; or

(3) Subdivides and separately conveys a tenant house or the land where it is constructed, or both.

F. The Foundation may impose a civil penalty on a property owner subject to this chapter who violates any other law or regulatory requirement governing the Maryland Agricultural Land Preservation Program, an individual deed of easement acquired by the Foundation, or Foundation approval or policy.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-519, Annotated Code of Maryland
COMAR 15.15.09.03 Violation Classification and Penalty.

A. The Foundation may impose a penalty for:

(1) Up to $2,500 for each violation;

(2) Each day a violation occurs; and

(3) Up to $50,000 in penalties during one administrative hearing.

B. Before imposing any civil penalty under this chapter, the Foundation shall consider the following:

(1) The nature and gravity of each violation;

(2) The willfulness of the violation and the extent to which the existence of the violation was known to the violator but uncorrected by the violator; and

(3) A history of prior violations, if any.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-519, Annotated Code of Maryland
COMAR 15.15.09.04 Civil Penalty Procedure.

A. The Foundation shall issue a written notice of violation to the property owner upon finding that a violation has occurred or is ongoing.

B. A written notice of violation shall include:

(1) A statement of the statute, regulation, or deed of easement violated by the landowner;

(2) A description of the evidence of a violation;

(3) A statement informing the property owner of the right to an informal meeting with the Foundation;

(4) The amount of the proposed civil penalty;

(5) A statement of the remedial action necessary to bring the property owner into compliance; and

(6) A reasonable amount of time, as determined by the Foundation, to correct a violation.

C. If the alleged violation still exists after the property owner has had an opportunity for an informal meeting and a reasonable amount of time to correct the violation, the Foundation may issue a written notice of violation with a penalty.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-519, Annotated Code of Maryland
COMAR 15.15.09.05 Contested Case Hearing; Appeal.

A property owner may petition the Foundation for a contested case hearing on the violation and penalty within 30 calendar days of the issuance of the notice of violation by the Foundation. The Office of Administrative Hearings shall conduct a hearing and issue proposed findings of fact and conclusions of law pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Foundation shall adopt or reject the proposed findings of fact and conclusions of law and issue a final decision. An owner may then appeal the Foundation's decision as provided by Agriculture Article, §2-405, Annotated Code of Maryland.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-519, Annotated Code of Maryland
COMAR 15.15.09.06 Penalty Payment.

A. Unless a property owner requests a contested case hearing, the property owner shall promptly pay the penalty.

B. Payment of a penalty is not a substitute for compliance. If the property owner continues to violate this chapter, the Foundation may impose additional civil penalties or pursue other remedies at law or in equity.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-519, Annotated Code of Maryland
COMAR 15.15.09.07 Violation Date.

This chapter applies to any violation that occurs on or after October 1, 2009.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-519, Annotated Code of Maryland

15.15.10 Confidential Records

COMAR 15.15.10.01 Scope.

This chapter explains the confidentiality requirement and its duration for records relating to the sale of an easement to the Maryland Agricultural Land Preservation Foundation. Confidentiality of records is maintained during an offer cycle to ensure the integrity of the offer and sale process for all participants. An offer cycle begins upon submission of a property owner's application and ends as provided by this chapter.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-510(m), Annotated Code of Maryland
COMAR 15.15.10.02 Record Custodian.

This chapter applies to a custodian of public records as defined by the State Government Article, §10-611, Annotated Code of Maryland. For purposes of this chapter, a public record is defined by State Government Article, §10-611, Annotated Code of Maryland.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-510(m), Annotated Code of Maryland
COMAR 15.15.10.03 Confidentiality Requirement.

A public record subject to the Maryland Public Information Act relating to a property owner's ranking, asking price, or offer by the Maryland Agricultural Land Preservation Foundation under Agriculture Article, §§2-501—2-519, Annotated Code of Maryland, is confidential. A custodian may not disclose the record until the end of the Foundation's offer cycle as provided by this chapter.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-510(m), Annotated Code of Maryland
COMAR 15.15.10.04 End of Offer Cycle; Duration of Confidentiality.

A public record subject to this chapter is available for public inspection and disclosure at the end of an offer cycle. An offer cycle for an individual applicant ends on the earlier of the following:

A. When an offer from the Maryland Agricultural Land Preservation Foundation is scheduled for review by the Board of Public Works; or

B. November 1 of the year when offers are being made for an applicant pool.

History

  • Administrative History: Effective date: May 17, 2010 (37:10 Md. R. 724)
  • Authority: Agriculture Article, §2-510(m), Annotated Code of Maryland

15.15.11 Corrective Agricultural Land Preservation Easements

COMAR 15.15.11.01 Scope.

This chapter establishes the criteria and procedure for entering into a corrective easement on a farm subject to an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .03 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .04 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05E adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .06 adopted effective July 26, 2021 (48:15 Md. R. 593)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.11.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Agricultural Subdivision.

(a) "Agricultural subdivision” means a division of land for an agricultural purpose.

(b) “Agricultural subdivision” includes the lease of any part or parts less than 100 percent of the total parts of the land for a term in excess of 20 years.

(2) “Boundary line adjustment” means a change in the legal description contained in the Deed of Easement for the purposes of this chapter.

(3) “Corrective easement” means an amendment to an existing easement, an overlay easement over an existing easement, or, in the case of agricultural subdivision, a modification to an existing easement to create two or more separately enforceable easements.

(4) “Easement violation” means any action prohibited by, or a failure to act as required by, the agricultural land preservation easement, Agriculture Article, §2-501 et seq., Annotated Code of Maryland, or COMAR 15.15.

(5) "Exchange” means that land of equal or greater value in terms of acreage and soil types is brought under easement in consideration of land of equal or lesser value being released.

(6) “Landowner” means the person or entity owning the land subject to the easement.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .03 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .04 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05E adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .06 adopted effective July 26, 2021 (48:15 Md. R. 593)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.11.03 Criteria.

A. Approval. The approval for a corrective easement by the Foundation is not an absolute right of a landowner, and requests shall be reviewed by the Foundation on a case-by-case basis. A request shall be reviewed to determine if the proposed corrective easement will either enhance or have no effect upon any agricultural operation being conducted upon the land. A corrective easement may be used to adjust boundary lines, resolve easement violations, or accommodate a plan that the Foundation has determined will benefit the agricultural operations on the land encumbered by an easement, and may include such other additional terms, conditions, waivers, or restrictions that the Foundation deems appropriate to protect the agricultural viability of the farm.

B. Form of Corrective Easement. A corrective easement may be titled “Amendment to Easement”, “Amendment and Grant to Easement”, or “Corrective Easement.” A corrective easement may also take the form of an “Overlay Easement” when, in the opinion of the Foundation, the existing easement may not be amended because all necessary parties cannot be joined.

C. Boundary Line Adjustment.

(1) If the proposed corrective easement involves the adjustment of boundary lines and part of the land encumbered by the easement is to be released, then:

(a) An equal or greater amount of land of equal or better soil types shall be added to the land under easement;

(b) The value of the easement will not be diminished by the proposed exchange;

(c) The proposed exchange shall be approved by the Board of Public Works; and

(d) The landowner shall pay for the cost of all title work, title insurance premiums, surveys, and documentation necessary on both the land under easement and the land to be added by corrective easement.

(2) If the proposed corrective easement involves the adjustment of boundary lines and no part of the land encumbered by the easement is to be released, then the Foundation may approve the corrective easement if it will either enhance or have no effect upon the agricultural operations being conducted upon the land. The Foundation may not pay additional consideration for land gained by any corrective easement without Board of Public Works approval.

(3) If the proposed corrective easements involve an adjustment of boundary lines between two or more adjacent parcels of land encumbered by separate easements, and such boundary line adjustments do not reduce the total aggregate acreage encumbered by such easements, then the Foundation may approve the corrective easements if they will either enhance or have no effect upon the agricultural operations conducted upon the land. The Foundation may not pay additional consideration for land gained by any corrective easement without Board of Public Works approval.

D. Resolving Easement Violations. If the Foundation approves a corrective easement in order to resolve a violation of the easement, the landowner shall pay for the cost of all title work, title insurance premiums, surveys, and documentation necessary to cure the violation.

E. Accommodation of a Plan to Benefit the Agricultural Operation.

(1) If the Foundation approves a corrective easement in order to accommodate a plan to benefit the agricultural operation, the landowner shall pay for the cost of all title work, title insurance premiums, surveys, and documentation necessary to accommodate the plan.

(2) If the Foundation approves an agricultural subdivision under the provisions of COMAR 15.15.12.01 et seq., the approval is considered to be an accommodation of a plan to benefit the agricultural operation and shall constitute an approval for corrective easements.

F. Previously Approved Agricultural Subdivision. If, prior to the enactment of this chapter, the Foundation approved an agricultural subdivision of the land, without requiring all owners of the divided parcels to execute corrective easements to recognize the approved divided parcels, all owners of the divided parcels shall agree to the proposed amendment of an easement. If all owners do not agree, the corrective easement may take the form of an overlay easement from the landowners making the request for a corrective easement.

G. Single Tax Parcel. If possible, land that has been approved for corrective easement which is comprised of more than one tax parcel shall be consolidated into a single tax parcel with identification number. In the event of approval of an agricultural subdivision, if possible, each resulting subdivided parcel shall be a single tax parcel with identification number.

H. Existing Easement Violations. The Foundation may refuse to approve a request for a corrective easement if an easement violation exists upon the land.

I. Exceptions to Criteria. The criteria set forth in this regulation do not apply to those corrective easement applications addressed in Regulation .06 of this chapter.

Cross References

15.15.11.04A(1)

15.15.11.05B(2)

15.15.11.05D

15.15.11.05F

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .03 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .04 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05E adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .06 adopted effective July 26, 2021 (48:15 Md. R. 593)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.11.04 Corrective Easement Application Procedure.

A. Before the Foundation may consider a request for a corrective easement, a landowner shall submit the following:

(1) An application, completed and signed by each titled landowner to all of the land encumbered by the easement, which addresses the criteria in Regulation .03 of this chapter;

(2) An unmarked copy of the tax map or boundary survey which outlines the entire easement land;

(3) A second copy of the tax map which shall include the following:

(a) Boundaries of the easement land;

(b) If applicable, the location of the proposed change in boundary lines, and the amount of acreage involved; and

(c) Location of, and access to, all preexisting dwellings, lot exclusions, tenant houses, and farm buildings;

(4) A written statement from the landowner indicating:

(a) The reason for the request and an explanation of how the corrective easement will enhance or have no effect upon the agricultural operations;

(b) The name, address, email address, and telephone number of all landowners whose lands are involved in the request; and

(c) Who will pay for the costs of the transaction;

(5) A written statement from the county program administrator describing:

(a) The current overall farm operation and whether the proposed corrective easement will enhance or will have no effect upon the agricultural operations; and

(b) If applicable, whether an exchange of land is permissible under county subdivision regulations; and

(6) A letter of recommendation from the local agricultural land preservation advisory board.

B. Exceptions to Corrective Easement Application Procedure. The application procedure under this regulation does not apply to those corrective easement applications addressed in Regulation .06 of this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .03 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .04 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05E adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .06 adopted effective July 26, 2021 (48:15 Md. R. 593)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.11.05 Requirements upon Approvals.

A. A landowner may not proceed with plans pursuant to the approval until the corrective easement has been recorded among the land records in the county in which the land is located, unless the Foundation issues a letter permitting the landowner to proceed.

B. Boundary Line Adjustment.

(1) If the Foundation approves the request for corrective easement for boundary line adjustment, the landowner shall submit to the Foundation a survey plat, signed and sealed by a surveyor registered in the State of Maryland depicting the land area to be released from the easement, if any, and the land area to be encumbered by the easement, along with separate written metes and bounds descriptions of those areas. The Foundation has discretion to alter these survey and land description requirements on a case-by-case basis to suit the purposes of the proposed boundary line adjustment.

(2) If the Board of Public Works approves the request, the landowner shall remit funds in the amount and manner directed by the Foundation to cover the costs of the transaction as specified in Regulation .03 of this chapter and shall furnish such other documentation as directed by the Foundation.

C. Agricultural Subdivision. In cases of agricultural subdivision, the landowners shall follow the requirements and procedures provided in COMAR 15.15.12.05B.

D. Other Corrective Easements. If the request is approved, the landowner shall remit funds in the amount and manner directed by the Foundation to cover the costs of the transaction as specified in Regulation .03 of this chapter and shall furnish such other documentation as directed by the Foundation.

E. Except as provided in §F of this regulation, if the funds and documentation required by this regulation are not provided by the landowner to the Foundation within 3 years of Foundation board approval, then, unless an extension request is submitted within 3 years and approved by Foundation staff, the approval is void.

F. If a corrective easement is approved pursuant to Regulation .03D of this chapter, such approval shall expire upon the Foundation board deciding that the applicant has not acted with diligence to complete the corrective easement.

G. Exceptions to Requirements upon Approvals. The requirements of this regulation do not apply to the types of corrective easement applications addressed in Regulation .06 of this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .03 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .04 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05E adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .06 adopted effective July 26, 2021 (48:15 Md. R. 593)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.11.06 Administrative Approvals for Corrective Easements.

A. The following types of applications for corrective easements may be approved administratively because they are considered an accommodation of a plan to benefit the agricultural operation, and they either enhance or have no effect upon agricultural operations:

(1) Correction of Error. The proposed corrective easement involves the correction of an error in the legal description or some other clerical error contained in the easement.

(2) Waiver of Right to Request Termination. A landowner’s application to waive the right to request termination under Agriculture Article, §2-514, Annotated Code of Maryland, and to amend the easement to so specify.

(3) Adoption of Current Easement Terms. A landowner’s application to amend an existing easement to conform to the terms of the Foundation’s current easement template.

B. Before the Foundation may consider a request for a corrective easement under this regulation, a landowner shall submit the following:

(1) An application, completed and signed by each titled landowner to all of the land encumbered by the easement, explaining the purpose of the requested corrective easement; and

(2) Any other documents or materials the Foundation determines necessary to approve the requested corrective easement.

C. The Executive Director of the Foundation may approve applications under this regulation with the concurrence of the Chairman of the Board of Trustees and the Secretary of Agriculture.

Cross References

15.15.11.03I

15.15.11.04B

15.15.11.05G

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.05 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .03 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .04 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05 amended effective July 26, 2021 (48:15 Md. R. 593)
  • Administrative History: Regulation .05E adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .06 adopted effective July 26, 2021 (48:15 Md. R. 593)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland

15.15.12 Agricultural Subdivision

COMAR 15.15.12.01 Scope.

This chapter explains the policy of the Maryland Agricultural Land Preservation Foundation to regulate the subdivision of land encumbered by an agricultural land preservation easement, including the criteria, eligibility, and procedure for the approval of an agricultural subdivision of a farm.

Cross References

15.15.11.03E(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .04F amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .05C amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .07C adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.12.02 Purpose.

All of the land subject to an agricultural land preservation easement acquired by the Foundation is considered to be one parcel of land even if the total acreage comprises separately described parcels or government-assigned tax parcels or accounts. Common ownership of parcels constituting the farm fulfills the legislative intent to protect the future productivity and profitability of Maryland farms. To preserve the integrity of easement land, agricultural land preservation easements generally preclude a landowner from dividing the farm into smaller parcels or conveying less than the whole farm subject to easement without Foundation approval.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .04F amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .05C amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .07C adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.12.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Agricultural purpose” means the use of land to:

(a) Provide sources of food and fiber; or

(b) Produce, process, or store agricultural products.

(2) "Agricultural subdivision” means a division of land for an agricultural purpose.

(3) “Corrective easements" means a modification to an existing easement to create two or more separately enforceable easements.

(4) “Easement violation” means any action prohibited by, or a failure to act as required by, the agricultural land preservation easement, Agriculture Article, §2-501 et seq., Annotated Code of Maryland, or COMAR 15.15.

(5) “Land” means all that real property encumbered by the easement and intended to constitute one farm parcel, whether or not comprised of separately described parcels or government-assigned tax parcels or accounts.

(6) “Landowner” means the person or entity owning the land encumbered by the easement.

(7) “Subdivision” or “subdivide” means the division of land into two or more parts or parcels. Subdivision includes the lease of any part or parts less than 100 percent of the total parts of the land for a term in excess of 20 years.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .04F amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .05C amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .07C adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.12.04 Subdivision Prohibition.

A. Prohibition. Except as approved by the Foundation as provided by this chapter and in COMAR 15.15.01.17C. and 15.15.06.01—.06, a landowner may not subdivide land encumbered by an easement, including the movement of interior boundary lines, or transfer or cause to be transferred, any part or parts separately from the total acreage of the land, voluntarily, involuntarily, by testamentary disposition, or by reason of foreclosure or bankruptcy.

B. Exception for Agricultural Subdivision. The Foundation may give written approval to a landowner’s request for an agricultural subdivision of the land and separate ownership of the resulting divided parcels for reasons the Foundation considers sufficiently extraordinary to justify an exception to the prohibition against subdivision. The approval for an agricultural subdivision is not an absolute right of a landowner, and requests shall be reviewed by the Foundation on a case-by-case basis to determine if, in the Foundation’s opinion:

(1) The proposed agricultural subdivision serves an agricultural purpose;

(2) The proposed agricultural subdivision will enhance or have no effect upon the agricultural operations being conducted upon the land; and

(3) The resulting divided parcels from the agricultural subdivision are able to sustain long-term agricultural production, independent of each other.

C. Corrective Easements. If the Foundation approves an agricultural subdivision under this Chapter, approval shall be to accommodate a plan that the Foundation has determined will benefit the agricultural operation as required by Agriculture Article, §2-513, Annotated Code of Maryland, and COMAR 15.15.11. Corrective easements are required to formalize the Foundation’s approval. The corrective easements may include other additional terms, conditions, waivers, or restrictions that the Foundation considers appropriate to protect the agricultural purpose and the future profitability of resulting divided farm parcels. The landowner shall pay for the cost of all title work, title insurance premiums, surveys, and documentation necessary to complete the agricultural subdivision.

D. Waiver of Right to Request Termination. For easements approved for purchase by the Board of Public Works prior to October 1, 2004, the owners of all of the resulting divided parcels of an approved agricultural subdivision under this chapter shall waive the right to request termination under Agriculture Article, §2-514, Annotated Code of Maryland, and shall agree to specify the waiver in the corrective easements.

E. Acreage and Soils Requirements for Agricultural Subdivision. The resulting divided parcels shall each be at least 50 acres, and each parcel shall meet the minimum soils requirement, as provided by COMAR 15.15.01.03D.

F. Exceptions to Acreage Requirement. The Foundation may permit resulting divided parcels of less than 50 acres of land if:

(1) The resulting parcel of less than 50 acres continues to meet minimum soil requirements as provided by COMAR 15.15.01.03D independently of the original farm and one of the following conditions exists for the resulting divided parcel comprised of less than 50 acres:

(a) The Foundation determines that there exists a physical separation of land, created by:

(i) Bodies of water;

(ii) Public roads; or

(iii) Features that significantly restrict the movement of agricultural equipment from one portion of the land to another;

(b) The resulting divided parcel comprised of less than 50 acres is conveyed to owners of adjoining land encumbered by an easement in favor of the Foundation, and both of the following occur:

(i) The owner amends the easement encumbering the adjoining land to encumber the resulting divided parcel, or an overlay easement in favor of the Foundation is placed over the entire acreage constituting the resulting divided parcel and the adjoining land; and

(ii) The resulting divided parcel and the adjoining land together meet minimum soils requirements as provided by COMAR 15.15.01.03D; or

(c) The resulting divided parcel comprised of less than 50 acres:

(i) Is conveyed to owners of adjoining land encumbered by an easement containing terms which are acceptable to the Foundation; and

(ii) An overlay easement in favor of the Foundation is placed over the entire acreage constituting the resulting divided parcel and the adjoining land.

(2) The resulting divided parcel or parcels remaining after the subdivision of the smaller parcel are at least 50 acres and continue to meet the minimum soils criteria, as provided by COMAR 15.15.01.03D.

G. Tenant House. If a tenant house was previously approved by the Foundation under COMAR 15.15.03 and it currently exists upon the land, an agricultural subdivision may be approved only if the following are met:

(1) The resulting divided parcel on which the tenant house is situated is at least 100 acres, unless the Foundation approves otherwise according to COMAR 15.15.03.03 or §F of this regulation; and

(2) The corrective easement restricts the tenant house to the use of a tenant as that term is defined in COMAR 15.15.03.02.

H. Existing Easement Violation. The Foundation may deny a request for an agricultural subdivision if an easement violation exists upon the land.

Cross References

15.15.12.05C(1)(b)

15.15.12.06A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .04F amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .05C amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .07C adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.12.05 Previously Unapproved Subdivision.

A. Violation. The subdivision of land without Foundation approval is an easement violation.

B. Procedure. Upon discovery of an unapproved subdivision, the Foundation may either require that the land be restored to its original configuration or it may consider accepting a subdivision request from the owners of all of the resulting divided parcels. In its consideration of whether to accept a request for agricultural subdivision, the Foundation may rely on the recommendation of Foundation staff and the county program administrator. If the Foundation decides to accept a request for an agricultural subdivision, the owners of all of the resulting divided parcels shall submit an application with the documentation required by this chapter. The Foundation shall then determine if the subdivision qualifies for the exception to the subdivision prohibition as provided in this chapter. If the Foundation does not approve the agricultural subdivision, the land shall be restored to its original configuration under the easement.

C. Requirements. An approval of the agricultural subdivision shall require that the owners comply with all of the requirements of this chapter, but, if any of the resulting divided parcels of the subdivision are less than 50 acres, the Foundation may waive the 50-acre requirement if:

(1) At the time of the subdivision:

(a) The Foundation’s regulations permitted the resulting divided parcels to be less than 50 acres; or

(b) The subdivision met the requirements of Regulation .04F of this chapter.

(2) The subdivision served an agricultural purpose;

(3) The subdivision enhanced or had no effect upon the agricultural operations being conducted upon the land;

(4) The resulting divided parcels have sustained agricultural production independent of each other from the time of the subdivision;

(5) The resulting divided parcels still meet minimum soils requirements, as provided by COMAR 15.15.01.03D; and

(6) The landowners present evidence satisfactory to the Foundation to make a determination that the resulting divided parcels have sufficient potential to sustain agricultural production independent of each other in the future.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .04F amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .05C amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .07C adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.12.06 Agricultural Subdivision Application Procedure.

Before the Foundation may consider a request for an agricultural subdivision, a landowner shall submit the following:

A. An application, completed and signed by each titled landowner to all of the land encumbered by the easement, which addresses the criteria in Regulation .04 of this chapter;

B. An unmarked copy of the tax map or boundary survey which outlines the entire easement land;

C. A second copy of the tax map which shall include the following:

(1) Boundaries of the easement land;

(2) The location of the proposed line or lines of subdivision, and the amount of acreage each resulting divided parcel is proposed to contain; and

(3) The location of, and access to, all preexisting dwellings, lot exclusions, tenant houses, and farm buildings;

D. A written statement from the landowner indicating:

(1) The reason for the request, including an explanation of how the agricultural subdivision serves the agricultural purpose, how it will enhance or have no effect upon the agricultural operations, and how the resulting divided parcels will be able to sustain long-term agricultural production, independent of each other;

(2) If any rights to a lot or lots have been reserved, but still unexercised, under the easement, a proposal detailing which resulting divided parcel or parcels are to be allocated those rights;

(3) The name, address, email address, and telephone number of all landowners whose lands are involved in the request; and

(4) The name of the individual or entity who will pay for the costs of the corrective easement transactions;

E. A written statement from the county program administrator describing the current overall farm operation, whether the proposed agricultural subdivision serves an agricultural purpose, whether it will enhance or will have no effect upon the agricultural operations, and whether the resulting divided parcels will be able to sustain long-term agricultural production, independent of each other;

F. A letter of recommendation from the local agricultural land preservation advisory board addressing the potential for continued agricultural use of each of the resulting divided parcels;

G. Written verification from the local tax assessment office that each of the resulting divided parcels continue to qualify for agricultural use assessment under Tax-Property Article, Annotated Code of Maryland;

H. A letter from the local planning and zoning office or the county program administrator that the requested subdivision is consistent with county planning and zoning regulations; and

I. If applicable, letters of support from organizations such as the Soil Conservation Service and Forest Service attesting to the long-term productive capabilities for each resulting divided parcel of less than 50 acres.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .04F amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .05C amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .07C adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland
COMAR 15.15.12.07 Requirements upon Approval.

A. A landowner may not proceed with plans pursuant to the approval until the corrective easements have been recorded among the land records in the county in which the land is situated, unless the Foundation issues a letter permitting the landowner to proceed.

B. If the Foundation approves the request, then the landowner:

(1) Shall submit to the Foundation, 10 copies of a survey plat, signed and sealed by a surveyor registered in the State of Maryland depicting the resulting divided parcels of the land, along with separate written metes and bounds descriptions of those resulting divided parcels; and

(2) Shall remit funds in the amount and manner directed by the Foundation to cover the costs of the transaction as specified in Regulation .04C and shall furnish such other documentation as directed by the Foundation.

C. If the funds and documentation required by this regulation are not provided by the landowner to the Foundation within 3 years of Foundation board approval, then, unless an extension request is submitted within 3 years and approved by Foundation staff, the approval is void.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)
  • Administrative History: Regulation .04F amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .05C amended effective September 1, 2014 (41:17 Md. R. 971)
  • Administrative History: Regulation .07C adopted effective September 1, 2014 (41:17 Md. R. 971)
  • Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland

15.15.13 Guidelines for Forest Easement Overlays

COMAR 15.15.13.01 Scope.

This chapter establishes the criteria and eligibility standards for the approval of a forest easement overlay on land subject to an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation (the Foundation).

Cross References

15.15.16.02B(4)

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Administrative History: Regulation .03B amended effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .05E amended effective June 4, 2018 (45:11 Md. R. 579)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.13.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Afforestation” means the establishment of tree cover on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover, as defined by Natural Resources Article, §5-1601, Annotated Code of Maryland.

(2) Forest.

(a) “Forest”, as defined by Natural Resources Article, §5-1601, Annotated Code of Maryland, means a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.

(b) “Forest” includes:

(i) Areas that have at least 100 trees per acre with at least 50 percent of those trees having a 2-inch or greater diameter at 4.5 feet above the ground and larger; and

(ii) Forest areas that have been cut but not cleared.

(c) “Forest” does not include orchards.

(3) “Forest easement overlay” means a perpetual restriction placed on an existing Foundation easement property to create, restore, or preserve forest, whether for current tax or other incentives, to bank credits under a forest mitigation banking plan, or to meet requirements prescribed by the State or local authority to mitigate activities elsewhere on the property consistent with the agricultural land preservation easement held by the Foundation.

(4) “Forest mitigation” means the process by which the environmental impact of various development activities, from road construction to residential housing, is mitigated or offset by the restoration, enhancement, creation, or retention of forested land elsewhere, as required by the Maryland Forest Conservation Act of 1991, Natural Resources Article, §§5-1601—5-1613, Annotated Code of Maryland.

(5) “Forest mitigation banking” means the intentional restoration or creation of forests undertaken expressly for the purpose of providing credits for afforestation or reforestation requirements with enhanced environmental benefits from future activities, as defined by Natural Resources Article, §5-1601, Annotated Code of Maryland.

(6) “Forest stewardship plan” or “forest management plan” means a plan prepared by a Maryland-licensed professional forester designed to manage land for productive, sustainable woodland purposes.

(7) “Resource conservation purpose” means to preserve soil and natural resources, reduce sediment and nutrient runoff, or improve air and water quality through the implementation of one or more best management practices.

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Administrative History: Regulation .03B amended effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .05E amended effective June 4, 2018 (45:11 Md. R. 579)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.13.03 Eligibility.

A. To be eligible for consideration by the Foundation, a proposal for a forest easement overlay shall meet the requirements of a State or local forest conservation program, be approved by the applicable county’s planning authority, and be recommended by the county’s agricultural land preservation advisory board.

B. To be eligible for consideration by the Foundation, a proposal for a forest easement overlay shall be limited to 10 acres, or 10 percent of the total easement acreage, whichever is smaller, unless the Foundation determines otherwise. To be eligible, a forest easement overlay shall allow prescribed harvests.

C. A forest easement overlay for mitigation purposes shall offset development inside a priority funding area only, with the exception of mitigation required by a Foundation-approved lot release on the same easement property as described in §E of this regulation. Proposals for forest mitigation banking shall establish a reporting mechanism to the county and the Foundation for ensuring that credits, when taken, offset development in a priority funding area.

D. Resource Conservation.

(1) A forest easement overlay shall serve a legitimate resource conservation purpose under a soil conservation and water quality plan or forest stewardship plan.

(2) The proposed forest easement overlay shall:

(a) Contribute substantially to good land and environmental resource stewardship on the farm;

(b) Be an appropriate best management practice (BMP) to achieve the resource conservation objectives for the farm, based on Natural Resources Conservation Service (NRCS) standards and estimates;

(c) Be included in the soil conservation and water quality plan and a forest stewardship or management plan for the farm; and

(d) Permit sustainable forest stewardship practices, including prescribed harvests.

E. Mitigation for Residential Development.

(1) If a county requires on-site forest mitigation because of on-site residential development, the landowner shall so inform the Foundation at the time of the lot release request. In this case, a separate forest mitigation proposal is not required.

(2) If the lot release request is approved, the forest mitigation easement overlay document shall:

(a) Be submitted to the Foundation for review in advance of recordation;

(b) Be subordinate to the agricultural land preservation easement unless otherwise required; and

(c) Allow prescribed harvests unless harvesting is restricted under the soil conservation and water quality plan.

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Administrative History: Regulation .03B amended effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .05E amended effective June 4, 2018 (45:11 Md. R. 579)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.13.04 County Application Procedure.

A. Before the Foundation may consider a proposal for a forest easement overlay, applicants shall first submit the following information to their county program administrator:

(1) A current soil conservation and water quality plan, developed by the local soil conservation district, that describes the resource conservation purpose served;

(2) For properties with 25 acres or more in contiguous woodland or where required by an underlying easement, a forest stewardship plan or forest management plan, developed within the past 10 years by a Maryland-licensed forester, which provides for sustainable forest stewardship and management practices, including prescribed harvests;

(3) If a soil conservation and water quality plan is not required because the property is 100 percent woodland, proof of a forest stewardship plan or forest management plan, developed within the last 10 years by a Maryland-licensed professional forester, describing the resource conservation purpose served; and

(4) A completed Foundation application, including an assessment of the following criteria:

(a) The restrictions that would be imposed on the current and future production options for the land;

(b) The potential effect of the forest easement on the ability of subsequent owners of the land to conduct profitable activities on the land;

(c) The amount of land proposed for forest easement;

(d) The productivity of the soil or soils; and

(e) The resource conservation purpose being served.

B. The county program administrator shall:

(1) Review the application and supporting documentation for completeness;

(2) Present the application and supporting documentation to the county agricultural land preservation advisory board for its recommendation;

(3) Present the application and supporting documentation to the applicable county’s planning authority for approval; and

(4) Send the proposal to the Foundation if the county agricultural land preservation advisory board recommends the proposal and the applicable county’s planning authority approves the proposal, with documentation verifying the recommendation and approval.

C. When the county agricultural land preservation advisory board reviews a forest easement overlay proposal, it shall consider the Foundation’s criteria for review set forth in Regulation .05B and C of this chapter and convey the basis for its recommendation to the Foundation.

D. For forest mitigation proposals, the local government, whether it is the county program administrator or another responsible party chosen by the county, shall also identify in writing the type of development activity for which mitigation is required, locate the development activity on an appropriate map, inform the Foundation if the development activity is subject to the county’s approval and, if it is, verify that the county either has approved the project or believes that the development project is consistent with the plans, ordinances, and regulations governing its approval.

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Administrative History: Regulation .03B amended effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .05E amended effective June 4, 2018 (45:11 Md. R. 579)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.13.05 Foundation Application Procedure.

A. Upon receiving a completed proposal from the county program administrator, the Foundation staff shall:

(1) Review the proposal for completeness;

(2) Submit the proposal to the Maryland Department of Agriculture’s Office of Resource Conservation for a written opinion on the appropriateness of the forest easement overlay proposal;

(3) Submit the proposal, if it involves mitigation, to the Maryland Department of Planning for a written statement indicating whether the development to be facilitated by the forest mitigation is in a priority funding area, is consistent with the local comprehensive plan and State planning policy, and is not likely to encourage or support substantial further development in areas the Foundation is attempting to preserve; and

(4) Submit the complete proposal and staff recommendation to the Foundation’s Board of Trustees.

B. After receiving the proposal and recommendation from the Foundation staff, the Board shall determine if the forest easement overlay is consistent with the Foundation’s mission and is appropriate for the easement property. The approval for a forest easement overlay on a Foundation easement or district property is not an absolute right of a landowner, and requests shall be reviewed by the Foundation on a case-by-case basis.

C. The Foundation shall also take into account the following criteria when reviewing a forest easement overlay proposal:

(1) The restrictions that would be imposed on the current and future production options for the land;

(2) The potential effect of the forest easement on the ability of subsequent owners of the land to conduct profitable activities on the land, compatible with the Foundation’s easement;

(3) The amount of the land proposed for an easement overlay;

(4) The productivity of the soil or soils;

(5) The resource conservation purpose being served;

(6) The recommendation of the county agricultural land preservation advisory board; and

(7) Any other considerations appropriate and necessary to determine the proposal’s compatibility with the Foundation’s goals and objectives.

D. If the request is to establish a forest easement overlay for a forest mitigation bank, the Foundation shall approve or deny the request after considering the criteria set forth in this regulation. If the Board approves an overlay for forest mitigation banking, future mitigation credits may be approved by the Foundation staff but shall offset development in a priority funding area.

E. If the forest easement overlay request is for a property subject to an easement with a 25-year termination clause, the landowner shall amend the deed of easement to waive the right to request termination of the easement after 25 years and to clarify the perpetual nature of the easement. The waiver requirement of this section does not apply to a forest easement overlay request if local law requires the request be made to offset the development of an on-site residential lot authorized under Agriculture Article, §2-513, Annotated Code of Maryland.

F. The forest easement overlay document shall be submitted to the Foundation for review in advance of recordation and be subordinate to the agricultural land preservation easement unless the Foundation determines that the State’s interest in the land would be compromised by doing so.

History

  • Administrative History: Effective date: June 27, 2011 (38:13 Md. R. 757)
  • Administrative History: Regulation .03B amended effective June 4, 2018 (45:11 Md. R. 579)
  • Administrative History: Regulation .05E amended effective June 4, 2018 (45:11 Md. R. 579)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.01 Scope.

This chapter explains the Foundation’s criteria to approve an authorized renewable energy source (ARES) for commercial profit on a farm subject to an agricultural land preservation easement. The Foundation may only accept applications to approve an ARES on a farm subject to an agricultural land preservation easement before June 30, 2018. The Foundation may not approve any ARES on a farm subject to an agricultural land preservation easement after June 30, 2019.

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Authorized renewable energy source,” or “ARES” means the following energy sources to generate electricity for commercial profit:

(a) Solar;

(b) Wind;

(c) Anaerobic digestion of poultry litter so long as the facility is placed on fallow land; and

(d) Anaerobic digestion of livestock manure so long as the facility is placed on fallow land.

(2) “Department” means the Maryland Department of Agriculture.

(3) “Easement” means an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation.

(4) “Easement area” means the real property subject to an easement held by the Maryland Agricultural Land Preservation Foundation, which property may consist of a single tax parcel or multiple tax parcels.

(5) “Facility agreement” means any lease, license, management agreement, or operating agreement between a farm owner and an ARES owner regarding an ARES on a farm.

(6) “Fallow land” means land that is plowed but left idle, uncultivated, or unplanted.

(7) “Farm” means a farm or other real property subject to an easement held by the Maryland Agricultural Land Preservation Foundation, which property may consist of a single tax parcel or multiple tax parcels.

(8) “Farm conservation plan” means a soil conservation and water quality plan for the farm, approved by a soil conservation district.

(9) “Foundation” means the Maryland Agricultural Land Preservation Foundation.

(10) “Raw materials” means poultry litter or livestock manure.

(11) “Recording agreement” means an agreement between the Foundation and a farm owner, to be recorded among the appropriate land records, that states the duties and obligations between both parties consistent with the requirements of this chapter.

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.03 Eligibility Requirements.

The Foundation may not approve an application to place an ARES on land subject to an easement, unless all of the following conditions are satisfied as to the proposed ARES.

A. The ARES shall conform to all federal, State, and local laws, statutes and ordinances, unless such laws, statutes and ordinances are pre-empted by other law.

B. The local agricultural preservation advisory board established under Agriculture Article, §2-504.1, Annotated Code of Maryland, has provided a favorable recommendation to have the proposed ARES placed on the farm.

C. Any ARES that will create electricity from wind must satisfy the location and height restrictions provided in Regulation .06 of this chapter.

D. An ARES may not occupy more land than is necessary for its operation and maintenance, but in any case, the ARES may not occupy more than 5 percent or 5 acres, whichever is less, of the easement area. Permanent roads or structures necessary to operate and maintain the ARES are subject to the area restriction provided in this subsection. For any ARES conducting anaerobic digestion, the area restriction provided in this subsection shall also apply to effluent storage areas that are created to serve the ARES. Pre-existing effluent storage areas are not subject to the area restriction provided in this subsection.

E. The area designated for an approved ARES on a farm shall constitute one contiguous area and may not constitute multiple areas on the farm, unless the Foundation approves otherwise based on sufficient justification provided by the applicant.

F. An ARES may not interfere significantly with any agricultural use of the farm as determined by the Foundation in Regulation .05 of this chapter.

G. An ARES may not violate any federal, State, or local restrictions applicable to the funds used by the Foundation to purchase the easement.

H. If an ARES generates electricity by anaerobic digestion, a majority of the raw materials used to generate electricity from the ARES shall originate from the farm subject to the easement.

I. If an ARES generates electricity by anaerobic digestion, the ARES shall use only poultry litter or livestock manure.

J. If an ARES generates electricity by anaerobic digestion, the ARES shall be located on fallow land.

K. The farm owner and the ARES owner shall agree to make any ARES available for inspection by the Foundation during normal business hours (9 a.m. to 5 p.m., Monday through Friday, except federal and State holidays).

L. The Foundation may approve no more than one type of ARES for any farm, unless the Foundation approves otherwise based on sufficient justification provided by the applicant. If the Foundation approves more than one type of ARES for any farm, the area restriction of Regulation .03D of this chapter shall not be increased to account for multiple ARES.

Cross References

15.15.14.05

15.15.14.05C(3)

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.04 Application Requirements.

A farm owner shall submit a complete request to approve an ARES on a form approved by the Foundation no later than June 30, 2018. Each application submitted to the Foundation shall be complete and shall be signed by all farm owners and include all of the following:

A. A written statement providing:

(1) The nature of the proposed ARES;

(2) The name and contact information of the owner or operator of the proposed ARES, if owned or operated by any person or entity other than the farm owner;

(3) The basis for determining that the proposed ARES will not interfere significantly with any agricultural use of the farm;

(4) The method the farm owner or ARES owner will use to satisfy the bond requirement provided in Regulation .12 of this chapter;

(5) The method the farm owner or ARES owner will use to comply with existing soil and water conservation plans and forest stewardship plans while the ARES is being constructed, installed or operated;

(6) An acknowledgment that the farm owner and ARES owner agree to comply with all licensing and regulatory requirements to operate any proposed ARES; and

(7) An acknowledgment that the farm owner and ARES owner agree to allow the Foundation’s representatives to inspect the ARES and any related records during normal business hours (9 a.m. to 5 p.m., Monday through Friday, except federal and State holidays);

B. A courses and distances survey outlining the entire easement area, which survey shall include:

(1) The proposed location of the ARES;

(2) The number of acres subject to the easement;

(3) A brief statement explaining how the proposed ARES satisfies the area restriction provided in Regulation .03D of this

chapter;

(4) The proposed location of any new permanent roadways to serve the ARES;

(5) The proposed location of any temporary roadways used to construct the ARES;

(6) The proposed location of any temporary staging areas used to construct the ARES; and

(7) The location of, and access to, all dwellings, lot exclusions and farm buildings;

C. A written statement from the applicable county zoning administrator stating that the proposed ARES is a permitted use, subject to county laws, statutes, or ordinances, unless such laws, statutes, and ordinances are preempted by other law;

D. A written statement from the applicable local agricultural preservation advisory board providing a favorable recommendation to have the proposed ARES placed on the farm;

E. A written statement from the applicable local conservation district certifying that the farm complies with any water quality and soil conservation plan;

F. A written statement from the Department certifying that the farm currently complies with all applicable nutrient management requirements;

G. A written statement from the Department certifying that the farm owner currently complies with all applicable cost share agreements with the Department;

H. A written statement from the Foundation certifying that the farm owner currently complies with the applicable easement; and

I. A copy of all existing and proposed facility agreements regarding the ARES, which agreements shall include the following terms and information:

(1) The name of the lessee, licensee, manager, and/or operator of the proposed ARES;

(2) An acknowledgment by all parties to a facility agreement that any conflict between the facility agreement and the Foundation easement (as amended by the terms and conditions of the Foundation’s approval to locate an ARES on a farm subject to such Foundation easement) shall be resolved in favor of the Foundation easement;

(3) An acknowledgment by all parties to a facility agreement that the facility agreement must comply with the terms and conditions of the Foundation’s approval to locate an ARES on a farm; and

(4) A requirement that all parties to a facility agreement provide the Foundation with notice of any assignment, renewal, modification or termination of such agreements.

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.05 Application Evaluation Criteria.

The Foundation shall review each ARES application on a case-by-case basis to determine whether the proposed ARES complies with the requirements of this chapter for approval. In addition to the eligibility factors provided in Regulation .03 of this chapter, the Foundation shall also consider the following factors to determine whether the proposed ARES interferes significantly with any agricultural use of the farm.

A. The proposed ARES may not conflict with the terms of the deed of easement applicable to the farm, including but not limited to the following:

(1) The area approved for any ARES may not be subdivided from the farm, unless such area is part of an agricultural subdivision approved by the Foundation pursuant to COMAR 15.15.12; and

(2) The ARES may not have a detrimental impact on drainage, flood control, erosion control, forest stewardship, water conservation or soil conservation on the farm.

B. The proposed ARES may not negatively impact the agricultural use of a farm beyond the approved ARES area.

C. The proposed ARES shall be located and configured in a manner that maximizes the farm’s agricultural use, meaning that:

(1) It may not be constructed or installed on prime farmland, consisting of United States Department of Agriculture Soil Capability Classes I, II, and III or Woodland Groups 1 and 2 and shall be located along field edges, unless the Foundation approves otherwise based on sufficient justification provided by the applicant;

(2) It shall be located and configured to avoid dividing larger fields into smaller fields and to avoid isolating areas of the farm so that they are no longer viable or efficient for agricultural use, unless the Foundation approves otherwise based on sufficient justification provided by the applicant; and

(3) In compliance with Regulation .03E of this chapter, the area approved for an ARES on a farm shall constitute one contiguous area and may not constitute multiple areas on the farm, unless the Foundation approves otherwise based on sufficient justification provided by the applicant.

Cross References

15.15.14.03F

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.06 Wind Turbine Restrictions.

An ARES that generates electricity from wind may not be located in an area where the wind turbines could create Doppler radar interference for missions at the Patuxent River Naval Air Station. The following map identifies areas of the State, measured from the Reference Point on the Patuxent River Naval Air Station as defined by Agriculture Article, §2-513(c)(1)(III), Annotated Code of Maryland, where wind turbines are restricted by height or otherwise prohibited on a farm. A wind turbine located on a farm shall not exceed the specified height above ground level in the areas specifically described in Agriculture Article, §2-513(c)(5), Annotated Code of Maryland.

Cross References

15.15.14.03C

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.07 Modifications to Foundation Approved ARES.

After the Foundation approves an ARES on a farm, the farm owner may need to modify the terms and conditions of the Foundation’s approval to satisfy federal, State, or local requirements. If the farm owner seeks to modify the terms and conditions of the Foundation’s approval for an ARES, the following process shall apply.

A. The farm owner shall apply to the Foundation to request the desired modifications to the approved ARES.

B. Foundation staff shall review the proposed modifications to the approved ARES and may either approve or deny the proposed modifications administratively. Foundation staff may recommend that the Foundation Board of Trustees consider and decide upon any proposed modification to an approved ARES.

C. If the farm owner disagrees with a staff administrative decision regarding desired modifications to the approved ARES, the farm owner may petition the Foundation Board of Trustees to consider the desired modifications. The Foundation Board of Trustees may grant or deny such petition.

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.08 Required Recording Agreement.

If the Foundation approves an ARES on a farm, the farm owner and the Foundation shall execute a recording agreement, to be recorded among the appropriate land records, that states the duties and obligations between the parties, consistent with the requirements of this chapter. The recording agreement shall run with the land and bind all future owners of the farm. An approved ARES may not be constructed on a farm until a recording agreement is recorded in the appropriate land records. The recording agreement shall, at a minimum, include the following terms and conditions:

A. The construction, installation, and operation of the ARES shall take place only within the area approved by the Foundation and shall be conducted to ensure that the land can readily be returned to active agriculture use after the ARES is removed;

B. Site disturbance, land clearing, grading, top soil removal, subsoil removal, and soil compactions are allowed only if necessary to construct, install, operate, or maintain the ARES;

C. Topsoil from the approved ARES site may not be removed from the farm but shall be spread or stockpiled elsewhere on the farm as approved by the Foundation and consistent with a farm’s approved conservation plan;

D. The use of concrete, asphalt, or other impervious surface material on the farm is prohibited within the approved ARES area except to mount wind turbines, solar panels, and any necessary associated equipment, or to construct and operate an anaerobic digestion facility or any system components;

E. The use of existing roadways to provide access to the ARES shall be maximized to avoid constructing new onsite roadways;

F. New permanent roadways on the farm to serve the ARES shall use gravel or other pervious material to minimize soil disturbance, water runoff, and soil compaction on the farm, and shall meet the following conditions:

(1) Such roadways shall be the minimum width necessary to accommodate construction traffic;

(2) Such roadways shall be no greater than 16 feet wide;

(3) If such roadways cross agricultural fields, they shall be located along ridge tops, hedgerows or field boundaries to the maximum extent possible;

(4) Such roadways shall be constructed so they are level with adjacent fields to facilitate crossing by farm equipment to the maximum extent possible; and

(5) To protect agricultural soils from damage, such roadways may not be constructed during wet conditions.

G. Temporary roadways to construct an ARES are permitted, provided that such roadways are prepared with gravel or other pervious material and such roadways are removed once the ARES starts to operate;

H. When it is not possible to use the approved open space of the ARES area on the farm for agricultural use, the same area shall be maintained with vegetative cover to prevent soil erosion and shall be managed to prevent weeds or other invasive species from growing or spreading to other areas of the farm;

I. During the construction, installation, operation, and maintenance of the ARES, appropriate measures shall be taken to ensure compliance with existing soil and water conservation plans and forest stewardship plans;

J. During the construction of the ARES, the following restrictions shall be implemented:

(1) All construction-related vehicle and equipment traffic and parking shall be restricted to an access road or designated area, unless prior written approval has been provided by the Foundation;

(2) Crane set-up and breakdown activities must be restricted to designated work areas on the farm;

(3) The farm owner shall dispose of all wire, bolts, and other unused material related to the ARES to ensure these objects do not mix with any soil; and

(4) All vehicles used to construct, serve or maintain any ARES shall not be serviced or washed on the farm, unless the Foundation approves otherwise; and

K. Any other terms and conditions the Foundation deems appropriate for the recording agreement.

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.09 Easement Amendment to Authorize an ARES.

A. The Foundation may amend the terms of an easement approved by the Board of Public Works before June 30, 2014 to authorize an ARES on the farm if:

(1) The Foundation approves an application for an ARES on a farm in accordance with the requirements of this chapter; and

(2) The farm owner agrees to pay the cost of all title work, title insurance premiums, surveys, and documents necessary to complete the easement amendment;

B. For any easement amendment authorized by this regulation, the Foundation may require other additional terms, conditions, waivers, or restrictions that the Foundation considers appropriate to protect the agricultural purpose and future profitability of the farm.

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.10 Assessment of Costs and Fees.

A. Easement Amendment Costs. The Foundation shall assess and the farm owner shall agree to pay the costs of amending an agricultural land preservation easement approved for purchase by the Board of Public Works prior to June 30, 2014 in a manner that permits the uses allowed by this chapter. The costs shall be determined on a case-by-case basis.

B. Monitoring and Enforcement Fees. If the Foundation approves an ARES for a farm, the Foundation shall assess the farm owner an annual fee to reimburse the Foundation for monitoring and enforcement costs associated with the uses provided by this chapter. This fee is payable to the Foundation on January 1st of each year following the approval of the ARES, and may be modified from time to time. The fee shall continue to be assessed each year until the facility agreement is terminated, the ARES is dismantled and the land reclaimed for agricultural use, as determined by the Foundation.

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.11 Required Lease Payments to the Foundation.

A. If an ARES owner enters into a facility agreement with a farm owner, the ARES owner shall annually pay the Foundation 5 percent of any payment made to the farm owner as a result of a facility agreement. The payments required under this regulation shall be pro-rated for any partial year in which payments are made to the farm owner as a result of a facility agreement. Any facility agreement between an ARES owner and a farm owner must include an express term to require this mandatory payment to the Foundation.

B. Both the ARES owner and the farm owner shall provide the Foundation with a copy of all facility agreements concerning the ARES facility on the farm.

C. Both the ARES owner and the farm owner shall notify the Foundation, in writing, of any amendments, modifications, renewals or terminations to facility agreements concerning the ARES on the farm.

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.12 Required Removal of ARES and Bond Requirement.

A. If an ARES is scheduled to stop operations, the farm owner and the ARES owner or operator shall notify the Foundation, in writing, no less than 30 days prior to the date when the ARES will cease to operate.

B. If the ARES owner enters into a facility agreement with the farm owner, the facility agreement shall require the ARES owner to remove all materials related to an ARES within 180 days of the last operation date of the ARES.

C. If an ARES is not subject to a facility agreement, the farm owner shall remove all materials related to the ARES within 180 days of the last operation date of the ARES.

D. The ARES, along with any related structures or equipment, shall be removed in a manner to ensure that the agricultural productivity of the soil is restored to the greatest extent possible, including but not limited to, the following:

(1) Removal shall be done in accordance with an approved conservation plan that addresses soil and water resource concerns;

(2) All facilities, structures and equipment shall be removed from the farm, including underground foundations and cables; and

(3) Excavated areas shall be backfilled with clean sub-grade material covered by a layer of topsoil, with the depth of restored topsoil consistent with the depth of topsoil of the surrounding land.

E. If the Foundation approves an ARES on a farm, and before construction of the ARES begins, the farm owner or ARES owner shall post a bond or other security in favor of the Foundation to ensure that all materials related to the ARES can be removed from the farm property as required by this regulation. The Foundation, in its sole and absolute discretion, may release the bond or security required by this regulation only after determining that all obligations to remove material related to the ARES

from the farm property are satisfied. The bond or security required by this regulation may be satisfied by a comprehensive decommissioning bond posted by the ARES owner, so long as such bond satisfies the criteria of this regulation. The required bond or security shall satisfy the following requirements:

(1) The amount of the bond or security required by this regulation shall be sufficient to pay all costs to remove from the farm any material related to the ARES;

(2) The amount of the bond or security shall be established by a good faith estimate, prepared by a business qualified to remove the ARES from the farm. The farm owner or ARES owner is responsible for acquiring the good faith estimate;

(3) The bond or security shall account for inflation over the term of the facility agreement or the projected life of the ARES if there is no facility agreement;

(4) The bond or security shall be issued by an entity licensed to do business in Maryland; and

(5) The bond or security shall expressly state that the Foundation may enforce the instrument in Maryland court under Maryland law.

Cross References

15.15.14.04A(4)

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.14.13 Violations.

A. A farm owner who violates any federal, State, or local laws regarding the operation of an ARES is in violation of the easement and is subject to civil penalties under Agriculture Article, §2-519, Annotated Code of Maryland.

B. A farm owner who violates the Foundation’s approval conditions for an ARES is in violation of the easement and is subject to all legal remedies available to the Foundation to enforce the terms of the easement, including civil penalties under Agriculture Article, §2-519, Annotated Code of Maryland.

History

  • Administrative History: Effective date: June 6, 2016 (43:11 Md. R. 635)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.15 RESERVED

15.15.16 Guidelines for Granting Overlay Easements and Rights-of-Way

COMAR 15.15.16.01 Purpose.

This chapter establishes the criteria and eligibility standards for the approval of overlay easements and rights-of-way on land subject to an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation.

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 580)
  • Administrative History: Regulation .02 amended effective July 26, 2021 (48:15 Md. R. 594)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.16.02 Eligibility.

A. Definition.

(1) In this regulation, the following term has the meaning indicated.

(2) Term Defined. “Conservation values” means natural habitat for native plant and wildlife species, including, but not limited to, forests, riparian forested areas, wetlands, and greenways to buffer the Chesapeake Bay and its tributaries from pollution runoff.

B. After a landowner has sold an agricultural preservation easement to the Foundation, the landowner and subsequent landowners may not grant or permit another to establish an easement, right-of-way, or other servitude in that land without the Foundation’s written permission. The Foundation may permit an easement, right-of-way, or other servitude to be granted in land encumbered by an agricultural preservation easement, subject to conditions it deems necessary to protect and maintain the agricultural integrity of the farm under the following circumstances:

(1) If it is to service a lot released from the preservation easement restrictions under Agriculture Article, §2-513, Annotated Code of Maryland;

(2) If it is to service a lot or land permitted to be withheld from the agricultural preservation easement at the time of sale of the agricultural preservation easement to the Foundation;

(3) If it is to service an adjacent farm, provided, however, that its use is restricted to the movement of farm equipment or other items associated with farming;

(4) If it is a forest overlay easement that meets the criteria described in COMAR 15.15.13.01 et seq.;

(5) If the overlay easement documents a use existing at the time the agricultural preservation easement was sold to the Foundation;

(6) If the overlay easement serves telephone, television, gas, or other similar utility lines (but not access) to service the easement property or lots created under §A or B in this regulation;

(7) If the overlay easement enhances a public road or bridge for the public health, safety, or welfare, where a minimal amount of land is required for such project, and the grantee of the proposed overlay easement has condemning authority;

(8) If the overlay easement is used to install a utility easement for electricity, telephone, cable, oil, gas, or similar utility and the grantee of the proposed overlay easement has condemning authority;

(9) If the overlay easement is used to create a septic area for an adjoining property which has a failed septic system and there is no other reasonable alternative site or method available;

(10) If failure to grant the overlay easement would result in significant detrimental impact to the conservation values on an adjacent property as determined by the Foundation; or

(11) For any other lawful purpose not listed above, subject to any such further conditions or requirements deemed appropriate by the Foundation’s Board.

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 580)
  • Administrative History: Regulation .02 amended effective July 26, 2021 (48:15 Md. R. 594)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.16.03 Conditions of Approval.

The following conditions apply to any overlay easement approved by the Foundation:

A. The proposed overlay easement may not prohibit any agricultural operation within the proposed overlay easement area, unless otherwise approved by the Board;

B. The proposed overlay easement shall have minimal interference on the overall farm operation;

C. If the proposed overlay easement is a right-of-way, its width shall be the minimum required by law;

D. When considering an overlay easement request, the Foundation shall consider the legislative intent as provided in Agriculture Article, §2-501, Annotated Code of Maryland; and

E. The Foundation may require any other conditions it considers appropriate on a case-by-case basis when approving any particular overlay easement proposal, including other conditions required by law or regulation.

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 580)
  • Administrative History: Regulation .02 amended effective July 26, 2021 (48:15 Md. R. 594)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.16.04 Application Requirements.

An application to the Foundation for overlay easement approval shall provide the following information:

A. A location map outlining the entire property, the overlay easement area, and access to the overlay easement area;

B. A draft of the proposed overlay deed of easement (not a generic copy) that shall clearly list all activities that may or may not be permitted;

C. If the Foundation requires, the proposed overlay easement form shall include language that would make the proposed overlay easement subordinate to the agricultural preservation easement;

D. If the application is for a right-of-way easement, information shall be provided regarding the State’s or county’s minimum width requirements;

E. A statement of the purpose of the request, including alternatives available to the proposed overlay easement;

F. Confirmation from the county planning and zoning office that the proposed overlay easement complies with local zoning requirements;

G. A recommendation from the local Agricultural Land Preservation Advisory Board; and

H. Any other information the Foundation considers necessary to consider the application.

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 580)
  • Administrative History: Regulation .02 amended effective July 26, 2021 (48:15 Md. R. 594)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
COMAR 15.15.16.05 Survey Requirement.

If the Foundation approves the proposed overlay easement, a survey of the overlay easement area, including access, shall be provided to the Foundation for approval before the overlay easement is signed and recorded.

History

  • Administrative History: Effective date: June 4, 2018 (45:11 Md. R. 580)
  • Administrative History: Regulation .02 amended effective July 26, 2021 (48:15 Md. R. 594)
  • Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland

15.16.01 General Regulations

COMAR 15.16.01.01 Purpose.

The Secretary of Agriculture, under Agriculture Article, Title 2, Subtitles 1 and 7, Annotated Code of Maryland, adopts the following regulations to insure the humane treatment of horses and the safety of horse riders.

History

  • Administrative History: Effective date: April 4, 1973
  • Administrative History: Regulations .01 ,.02, .06, .08, .10, .11, .12, and .15 amended effective April 7, 1978 (5:7 Md. R. 522)
  • Administrative History: (The Board was transferred from the Department of Licensing and Regulation to the Department of Agriculture by Ch. 618 of the Acts of 1980. The transfer was effective on July 1, 1980.)
  • Administrative History: Regulations .01—.17 repealed effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 adopted effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .02B amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04F amended effective February 28, 1994 (21:4 Md. R. 278)
  • Administrative History: Regulation .05 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .06 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .07B amended effective January 2, 1994 (20:26 Md. R. 2028)
  • Administrative History: Regulation .07c amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .08A amended effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-707, 2-711, and 2-712, Annotated Code of Maryland
COMAR 15.16.01.02 Definitions.

A. In these regulations, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Board” means the Horse Industry Board.

(2) “Horse Establishment” means an establishment that solicits or offers the public any of the following activities:

(a) A boarding stable;

(b) A lesson or rental stable; or

(c) A rescue or sanctuary stable.

(3) “Operator's license” means that license that the Board has issued entitling a person to operate and maintain a horse establishment.

Cross References

15.16.01.03B(1)

History

  • Administrative History: Effective date: April 4, 1973
  • Administrative History: Regulations .01 ,.02, .06, .08, .10, .11, .12, and .15 amended effective April 7, 1978 (5:7 Md. R. 522)
  • Administrative History: (The Board was transferred from the Department of Licensing and Regulation to the Department of Agriculture by Ch. 618 of the Acts of 1980. The transfer was effective on July 1, 1980.)
  • Administrative History: Regulations .01—.17 repealed effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 adopted effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .02B amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04F amended effective February 28, 1994 (21:4 Md. R. 278)
  • Administrative History: Regulation .05 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .06 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .07B amended effective January 2, 1994 (20:26 Md. R. 2028)
  • Administrative History: Regulation .07c amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .08A amended effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-707, 2-711, and 2-712, Annotated Code of Maryland
COMAR 15.16.01.03 Exemptions.

A. Horse Racing and Standardbred Stables.

(1) Horse racing and standardbred stables are exempt from the regulations of this chapter.

(2) For purposes of this regulation, “horse racing and standardbred stables” means stables or farms where horses are bred, trained, and rested, for purposes relating to either or both of the following types of racing:

(a) The racing of thoroughbreds, whether it be on a flat course or over hurdles; and

(b) The racing of standardbreds, whether they be trotters or pacers.

B. Farms Using Horses for Agricultural Purposes.

(1) If farms are using horses for agricultural purposes and not for any of the activities listed in Regulation .02B(2) of this chapter, they are exempt from the regulations of this chapter.

(2) For purposes of this section, “agricultural purposes” includes the following uses:

(a) Working or cultivating the soil; and

(b) Herding or cutting livestock.

History

  • Administrative History: Effective date: April 4, 1973
  • Administrative History: Regulations .01 ,.02, .06, .08, .10, .11, .12, and .15 amended effective April 7, 1978 (5:7 Md. R. 522)
  • Administrative History: (The Board was transferred from the Department of Licensing and Regulation to the Department of Agriculture by Ch. 618 of the Acts of 1980. The transfer was effective on July 1, 1980.)
  • Administrative History: Regulations .01—.17 repealed effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 adopted effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .02B amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04F amended effective February 28, 1994 (21:4 Md. R. 278)
  • Administrative History: Regulation .05 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .06 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .07B amended effective January 2, 1994 (20:26 Md. R. 2028)
  • Administrative History: Regulation .07c amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .08A amended effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-707, 2-711, and 2-712, Annotated Code of Maryland
COMAR 15.16.01.04 Operator's License.

A. Required to Conduct Business. Except as provided under §I of this regulation, a person may not operate or maintain a horse establishment without first obtaining an operator's license in at least one of the three different licensing classifications developed by the Board.

B. Determination by Board. Before the Board may issue an operator's license in a particular class to a person, the Board shall first determine whether that person's horse establishment meets the requirements of that class. The requirements for each licensing class are stated in Regulation .07.

C. Licensing Classifications. The licensing classifications developed by the Board are based on the three different activities that may be offered at a horse establishment and which, because any one of them is offered, requires that the establishment's operator be licensed. The licensing classifications and their respective activities are the:

(1) Boarding stable class, for establishments that solicit or offer to the public to stable horses;

(2) Rescue or sanctuary stable class, for establishments that offer to the public to shelter or keep one or more horses for humane purposes with or without compensation and with or without tax-exempt status; and

(3) Lesson or rental stable class, for establishments in which one or more horses are offered to the public to be let for hire, to be ridden or driven, either with or without the furnishing of riding or driving instructions.

D. Limitations on Licensee. A person who has been issued an operator's license may:

(1) Conduct such business only at the horse establishment shown on his application; and

(2) Offer only those activities allowed to be performed in the particular class or classes in which the person is licensed to do business.

E. Who May Apply.

(1) Only a person who either owns or is leasing a horse establishment may apply for an operator's license.

(2) If the owner or lessee of a horse establishment is a corporation or other association, the application shall be made in the name of that corporation or other association.

(3) If the owner or lessee of the horse establishment is an individual, the application shall be made in that individual's name.

(4) The Board shall issue the operator's license in the name of the person shown on the application.

F. Application and Renewal Process.

(1) A person applying for or renewing an operator’s license shall:

(a) Use a Board-approved form which is available on request at the Board's principal office located at 50 Harry S Truman Parkway, Annapolis, MD 21401;

(b) As established under §C of this regulation, indicate on the application form which class or classes of activities the person intends to do business in for that application year; and

(c) Pay the nonrefundable fee of $125.

(2) The Board may not issue an operator's license to a person until that person's horse establishment has passed Board inspection as provided in Regulation .05.

G. Duration of License. After issuance, unless suspended or revoked, an operator's license is effective for a period of 1 year or until the following June 30, whichever occurs first.

H. Posting Requirements. After issuance, the licensee shall display his operator's license in a conspicuous place on the stable's premises.

I. If a person holds a livestock dealer's or livestock market license under Agriculture Article, Title 3, Subtitle 3, and is engaged only in the activity under the licensing classification “Sales”, that person need not obtain an operator's license.

History

  • Administrative History: Effective date: April 4, 1973
  • Administrative History: Regulations .01 ,.02, .06, .08, .10, .11, .12, and .15 amended effective April 7, 1978 (5:7 Md. R. 522)
  • Administrative History: (The Board was transferred from the Department of Licensing and Regulation to the Department of Agriculture by Ch. 618 of the Acts of 1980. The transfer was effective on July 1, 1980.)
  • Administrative History: Regulations .01—.17 repealed effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 adopted effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .02B amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04F amended effective February 28, 1994 (21:4 Md. R. 278)
  • Administrative History: Regulation .05 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .06 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .07B amended effective January 2, 1994 (20:26 Md. R. 2028)
  • Administrative History: Regulation .07c amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .08A amended effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-707, 2-711, and 2-712, Annotated Code of Maryland
COMAR 15.16.01.05 Board Inspection of Horse Establishments.

A. Inspection Requirement. The Board shall inspect the horse establishments of the following persons:

(1) Those who have applied for an operator's license; and

(2) Those who have obtained an operator's license.

B. Purpose of Inspection.

(1) Applicant's Establishment. The Board shall inspect the applicant's establishment to determine whether it meets the requirements provided under Regulation .07 of the class or classes its operator is intending to do business in for that application year.

(2) Licensee's Establishment. The Board shall periodically inspect a licensee's establishment to determine whether it still meets the requirements provided under Regulation .07 of the class or classes its operator is licensed to do business in.

C. Consent to Inspection. Immediately on request by the Board or its inspector, the applicant or licensee shall permit Board inspections of the applicant's or licensee's establishment, only during normal business hours.

History

  • Administrative History: Effective date: April 4, 1973
  • Administrative History: Regulations .01 ,.02, .06, .08, .10, .11, .12, and .15 amended effective April 7, 1978 (5:7 Md. R. 522)
  • Administrative History: (The Board was transferred from the Department of Licensing and Regulation to the Department of Agriculture by Ch. 618 of the Acts of 1980. The transfer was effective on July 1, 1980.)
  • Administrative History: Regulations .01—.17 repealed effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 adopted effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .02B amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04F amended effective February 28, 1994 (21:4 Md. R. 278)
  • Administrative History: Regulation .05 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .06 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .07B amended effective January 2, 1994 (20:26 Md. R. 2028)
  • Administrative History: Regulation .07c amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .08A amended effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-707, 2-711, and 2-712, Annotated Code of Maryland
COMAR 15.16.01.06 Establishment's Failure to Pass Inspection.

A. Failure of Applicant's Establishment to Pass Initial Inspection.

(1) Initial Inspection. The Board may not issue a license to a person to operate a horse establishment if the establishment fails to pass inspection.

(2) Subsequent Inspection. If an establishment fails to pass its initial inspection, the Board may:

(a) Conduct a subsequent inspection after giving the person sufficient time to correct the deficiencies; and

(b) Issue a license if it finds during the subsequent inspection that the deficiencies have been corrected.

B. Failure of Licensee's Establishment to Pass Inspection.

(1) If, following an inspection, the Board determines that the licensee's establishment does not meet the requirements of the particular class or classes in which the operator is licensed to do business, the following actions shall be taken:

(a) The Board shall:

(i) Give the licensee written notice of the perceived deficiencies, and

(ii) Schedule an additional inspection, allowing the licensee a reasonable period of time to complete necessary corrective measures;

(b) The licensee, before the additional inspection is scheduled to occur, shall:

(i) Complete those measures necessary to correct the perceived deficiencies, and

(ii) Submit evidence to the Board that satisfactory corrective measures have been completed.

(2) If, following the failed first inspection, the licensee does not submit evidence to the Board showing that satisfactory corrective measures have been completed, the Board shall conduct the scheduled additional inspection.

(3) If, following this second inspection, the Board determines that the licensee's establishment is still deficient in those areas in which it had been given written notice, the same actions outlined in §B(1) of this regulation shall be taken.

(4) If, following a third inspection, the Board again determines that the licensee’s establishment is still deficient in the areas in which it had been given written notice, the Board shall:

(a) Bring formal charges against the licensee; and

(b) Conduct an administrative hearing in order to determine whether:

(i) The operator's license in a particular class or classes should be suspended or revoked for any of the reasons listed in Agriculture Article, §2-715, Annotated Code of Maryland ; or

(ii) The operator shall pay an administrative penalty as provided under COMAR 15.16.03.

History

  • Administrative History: Effective date: April 4, 1973
  • Administrative History: Regulations .01 ,.02, .06, .08, .10, .11, .12, and .15 amended effective April 7, 1978 (5:7 Md. R. 522)
  • Administrative History: (The Board was transferred from the Department of Licensing and Regulation to the Department of Agriculture by Ch. 618 of the Acts of 1980. The transfer was effective on July 1, 1980.)
  • Administrative History: Regulations .01—.17 repealed effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 adopted effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .02B amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04F amended effective February 28, 1994 (21:4 Md. R. 278)
  • Administrative History: Regulation .05 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .06 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .07B amended effective January 2, 1994 (20:26 Md. R. 2028)
  • Administrative History: Regulation .07c amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .08A amended effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-707, 2-711, and 2-712, Annotated Code of Maryland
COMAR 15.16.01.07 Licensing Requirements.

A. Compliance with General and Special Requirements. Each person issued an operator's license shall comply with the:

(1) General requirements under §B; and

(2) Special requirements under §C for the particular class for which that person is licensed.

B. General Requirements.

(1) The Stable and Area In and Around the Stable. The licensed operator shall ensure that:

(a) Each horse under his control is provided shelter, and that the shelter is:

(i) Clean,

(ii) Dry,

(iii) Well-ventilated, but not drafty,

(iv) Able to afford horses protection in inclement weather,

(v) Neat and orderly, and

(vi) Sturdy and in good repair;

(b) Adequate measures are taken in and around the stable to:

(i) Prevent excessive manure accumulation, and

(ii) Control flies and rodents;

(c) All fences used to confine horses are sturdy and in good repair;

(d) Each stall occupied by a horse:

(i) Is cleaned regularly, and

(ii) Has a bedding of regularly changed straw, shavings, or other suitable material, sufficient enough to maintain the horse in a clean and dry condition;

(e) All tools used to clean and maintain the stable and its immediate area are properly stored when not in use.

(2) Other Areas. The licensed operator shall ensure that other areas under the operator's control where horses are confined, exhibited, exercised, or permitted to be ridden, are free of hazards.

(3) Food and Water. The licensed operator shall ensure that:

(a) Each horse under his control is provided adequate food, water, and salt;

(b) These items are provided in suitable containers; and

(c) The food is:

(i) Of good quality, free of molds and other contaminates, supplying all the needed nutrients, to maintain a horse depending on its age, reproductive status, level of exercise, and geographic location, and

(ii) Properly stored so as to maintain its quality.

(4) Health Care. The licensed operator shall ensure that:

(a) Each horse under his control receives:

(i) Regular routine care, including but not limited to worming, dental, and foot care, and

(ii) Immediate attention, care, or treatment if it becomes sick, injured, or lame;

(b) Basic first aid supplies are maintained in good order;

(c) A licensed veterinarian examines a horse, if the Board requires an examination; and

(d) A horse not be ridden or driven if the caring veterinarian advises against it.

C. Special Requirements.

(1) Boarding Stable Class. A person who has been issued an operator's license in this class shall comply with the general requirements outlined in §A of this regulation.

(2) Rescue or Sanctuary Class. A person who has been issued an operator’s license in this class shall comply with the general requirements outlined in §A of this regulation.

(3) Lesson or Rental Class. A person who has been issued an operator's license in this class shall, in addition to the general requirements outlined in §A of this regulation, comply with the following:

(a) That each horse receives the rest and sustenance it needs each working day, given its age, condition, and the type of activity it performs;

(b) That each horse tacked and awaiting use has its girths loosened, is protected from the weather, and is not tied to the bit;

(c) That a horse may not be used for riding or driving purposes if the horse is unfit;

(d) That tack and related equipment:

(i) Is clean,

(ii) Is in sound condition, and

(iii) Cannot by its adjustment cause physical pain or injury to a horse;

(e) That hoof picks, brushes, curry combs, and other grooming equipment are readily available, clean, and usable;

(f) That any wagon used is in good condition and that its:

(i) Axles are well greased, and

(ii) Brakes are operating.

History

  • Administrative History: Effective date: April 4, 1973
  • Administrative History: Regulations .01 ,.02, .06, .08, .10, .11, .12, and .15 amended effective April 7, 1978 (5:7 Md. R. 522)
  • Administrative History: (The Board was transferred from the Department of Licensing and Regulation to the Department of Agriculture by Ch. 618 of the Acts of 1980. The transfer was effective on July 1, 1980.)
  • Administrative History: Regulations .01—.17 repealed effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 adopted effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .02B amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04F amended effective February 28, 1994 (21:4 Md. R. 278)
  • Administrative History: Regulation .05 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .06 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .07B amended effective January 2, 1994 (20:26 Md. R. 2028)
  • Administrative History: Regulation .07c amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .08A amended effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-707, 2-711, and 2-712, Annotated Code of Maryland
COMAR 15.16.01.08 Appeals.

A. A person may appeal a decision by the Board:

(1) Not to renew an operator's license in a particular class or classes;

(2) To suspend or revoke an operator's license in a particular class or classes; or

(3) To impose a civil penalty as provided under COMAR 15.16.03.

B. Appeals are governed by the Administrative Procedure Act.

History

  • Administrative History: Effective date: April 4, 1973
  • Administrative History: Regulations .01 ,.02, .06, .08, .10, .11, .12, and .15 amended effective April 7, 1978 (5:7 Md. R. 522)
  • Administrative History: (The Board was transferred from the Department of Licensing and Regulation to the Department of Agriculture by Ch. 618 of the Acts of 1980. The transfer was effective on July 1, 1980.)
  • Administrative History: Regulations .01—.17 repealed effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.08 adopted effective March 19, 1990 (17:5 Md. R. 638)
  • Administrative History: Regulation .02B amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .04F amended effective February 28, 1994 (21:4 Md. R. 278)
  • Administrative History: Regulation .05 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .06 amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .07B amended effective January 2, 1994 (20:26 Md. R. 2028)
  • Administrative History: Regulation .07c amended effective April 1, 2013 (40:6 Md. R. 476)
  • Administrative History: Regulation .08A amended effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-707, 2-711, and 2-712, Annotated Code of Maryland

15.16.02 Maryland Horse Industry Grant Program

COMAR 15.16.02.01 General.

These regulations provide qualifications and guidelines for the allocation of Maryland Horse Industry Board funds for equine-related activities.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective December 29, 2000 (28:2 Md. R. 97); adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Administrative History: Regulation .06B amended effective March 29, 2004 (31:6 Md. R. 510)
  • Administrative History: Regulation .07 amended effective March 29, 2004 (31:6 Md. R. 510)
  • Authority: Agriculture Article, §2-707, Annotated Code of Maryland
COMAR 15.16.02.02 Purpose.

The purpose of the Maryland Horse Industry Grant Program is to provide funding for equine-related activities. This program will:

A. Help the Maryland horse industry support research related to equine health and related issues;

B. Promote the development and use of horses in the State;

C. Create public awareness of the value of equine activities as they relate to the preservation of green space and agricultural land; and

D. Develop and disseminate information concerning the equine industry, including the history and tradition of breeding, and the role of horses in recreational activities.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective December 29, 2000 (28:2 Md. R. 97); adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Administrative History: Regulation .06B amended effective March 29, 2004 (31:6 Md. R. 510)
  • Administrative History: Regulation .07 amended effective March 29, 2004 (31:6 Md. R. 510)
  • Authority: Agriculture Article, §2-707, Annotated Code of Maryland
COMAR 15.16.02.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Activity” means economic development, education, marketing, research, or promotion.

(2) “Board” means the Maryland Horse Industry Board.

(3) “Equine” means relating to the horse family, and includes horses, mules, donkeys, and ponies.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective December 29, 2000 (28:2 Md. R. 97); adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Administrative History: Regulation .06B amended effective March 29, 2004 (31:6 Md. R. 510)
  • Administrative History: Regulation .07 amended effective March 29, 2004 (31:6 Md. R. 510)
  • Authority: Agriculture Article, §2-707, Annotated Code of Maryland
COMAR 15.16.02.04 Who May Apply.

A. The Board shall only provide financial assistance to an individual, group, association, organization, or institution for an equine-related activity that meets the program's objectives, as established in this chapter.

B. Applicants shall demonstrate knowledge, experience, and the capacity of initiating and implementing all aspects of the proposed project.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective December 29, 2000 (28:2 Md. R. 97); adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Administrative History: Regulation .06B amended effective March 29, 2004 (31:6 Md. R. 510)
  • Administrative History: Regulation .07 amended effective March 29, 2004 (31:6 Md. R. 510)
  • Authority: Agriculture Article, §2-707, Annotated Code of Maryland
COMAR 15.16.02.05 Application.

A. An application shall contain the following:

(1) The project title;

(2) The applicant's name, address, and telephone number;

(3) A brief biography and qualifications of the project leader;

(4) Brief biographies and qualifications of additional personnel who will work on the project, if applicable;

(5) The amount of the grant requested;

(6) A project description, which shall include:

(a) The project's objective;

(b) A general summary of the proposed project;

(c) The value of the project to Maryland's horse industry;

(d) The proposed start date of the project; and

(e) The schedule for completion of the project; and

(7) Any additional information the applicant wants the Board to consider during its review of the proposed project.

B. Only an original application, signed by the project leader and postmarked 30 days before the Board's announced allocation meeting shall be accepted.

C. An applicant shall submit the application to the Maryland Department of Agriculture, Maryland Horse Industry Board, 50 Harry S Truman Parkway, Annapolis, Maryland 21401.

D. An application, or corrections to an application, submitted through electronic means may not be accepted.

Cross References

15.16.02.07C(2)(a)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective December 29, 2000 (28:2 Md. R. 97); adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Administrative History: Regulation .06B amended effective March 29, 2004 (31:6 Md. R. 510)
  • Administrative History: Regulation .07 amended effective March 29, 2004 (31:6 Md. R. 510)
  • Authority: Agriculture Article, §2-707, Annotated Code of Maryland
COMAR 15.16.02.06 Board Evaluation.

A. The Board shall decide whether to approve a qualified applicant's application for funding based upon the following criteria of the proposed activity:

(1) Value to the industry;

(2) Degree of industry promotion;

(3) Size and scope of activity;

(4) Financial need; and

(5) Quality of the written presentation.

B. The Board shall disapprove an application for any of the following reasons:

(1) The application is incomplete or does not comply with these regulations;

(2) Funds are not available; or

(3) An applicant who is subject to stable licensing under COMAR 15.16.01 fails to possess a current license upon application submission.

C. An application disapproved due to lack of funds may be held for consideration by the Board for the next fund cycle.

D. The Board shall notify the applicant if an application is approved or disapproved within 30 days of the completion of the application review process. If the application is approved, the applicant shall be notified of the amount of the State grant for the project.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective December 29, 2000 (28:2 Md. R. 97); adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Administrative History: Regulation .06B amended effective March 29, 2004 (31:6 Md. R. 510)
  • Administrative History: Regulation .07 amended effective March 29, 2004 (31:6 Md. R. 510)
  • Authority: Agriculture Article, §2-707, Annotated Code of Maryland
COMAR 15.16.02.07 Funding Conditions.

A. Upon approval of an application by the Board, the applicant shall execute an agreement that, among other things, shall require the applicant to:

(1) Establish and operate the project according to the project description;

(2) Bind any successor in title for the life of the project;

(3) Maintain records as required by the Board;

(4) Allow the Board access to monitor the project to assure that the project is operated in accordance with this agreement; and

(5) Use the funds received from the Board for only those activities described in the project application.

B. An applicant who is subject to stable licensing under COMAR 15.16.01 shall maintain a current stable license.

C. Grant funds shall be distributed as follows:

(1) Upon execution of the agreement, the Board shall award the funds to the applicant; and

(2) Upon the project's completion, the applicant shall submit a final report which shall contain:

(a) An evaluation of the degree to which the project's objectives were met, as provided in Regulation .05A(6) of this chapter;

(b) An accounting of the disbursement of all funds, with an itemized list of costs associated with the project; and

(c) The date and the signature of the applicant certifying that the information presented is true and correct to the best of that individual's knowledge.

D. The applicant's final report is subject to an audit by the Board.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective December 29, 2000 (28:2 Md. R. 97); adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Administrative History: Regulation .06B amended effective March 29, 2004 (31:6 Md. R. 510)
  • Administrative History: Regulation .07 amended effective March 29, 2004 (31:6 Md. R. 510)
  • Authority: Agriculture Article, §2-707, Annotated Code of Maryland
COMAR 15.16.02.08 Noncompliance.

If a person fails to establish or operate a project in accordance with any agreement executed with the Board, that person shall be liable for the full amount of State funds paid for any project that was not implemented or properly executed. If a person violates any regulation contained in this chapter, the Board may deny any current or future fund allocations.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective December 29, 2000 (28:2 Md. R. 97); adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Administrative History: Regulation .06B amended effective March 29, 2004 (31:6 Md. R. 510)
  • Administrative History: Regulation .07 amended effective March 29, 2004 (31:6 Md. R. 510)
  • Authority: Agriculture Article, §2-707, Annotated Code of Maryland

15.16.03 Administrative Penalty Standards

COMAR 15.16.03.01 Scope.

This chapter determines the administrative penalty amount for any person who operates an unlicensed horse establishment or has violated any provision of Agriculture Article, §2-715, Annotated Code of Maryland.

History

  • Administrative History: Effective date: November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-701, 2-710, and 2-718, Annotated Code of Maryland
COMAR 15.16.03.02 Penalty.

A. Terms Defined. In this chapter, the following terms have the meanings indicated.

(1) “Licensee” means a person who is licensed to operate a Horse Establishment.

(2) “Member of the Board” means a member of the Horse Industry Board including a Board inspector.

B. After a hearing, or an opportunity for a hearing, the Board may impose a penalty on:

(1) A person who operates or maintains a horse establishment without a license; or

(2) A licensee who:

(a) Refuses to allow a member of the Board to enter and inspect the licensed premises;

(b) Obstructs any member of the Board in the performance of that person’s duties;

(c) Fails to provide suitable food, water, and shelter for a horse under control of the licensee;

(d) Maintains an unsanitary or unfit horse establishment;

(e) Fails to provide suitable saddles, bridles, harnesses, or other tack or equipment;

(f) Allows unfit horses to be used for riding or driving purposes;

(g) Commits an act of cruelty as defined in Criminal Law Article, § 10-601, Annotated Code of Maryland, or allows the commission of an act of cruelty by any other person with relation to any horse under control of the licensee;

(h) Does any other act that, in the opinion of the Board, taking into consideration the welfare of the horses under the control of the licensee, shows that the licensee is unfit to operate a horse establishment; or

(i) Fails to comply with the rules and regulations of the Board after receiving a license.

History

  • Administrative History: Effective date: November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-701, 2-710, and 2-718, Annotated Code of Maryland
COMAR 15.16.03.03 Violations for the Purpose of Determining Penalties.

A. Except as provided in §B of this regulation, the Board may impose an administrative penalty up to $2,000 for each violation of this chapter taking into consideration the gravity of the offense as it relates to:

(1) The risk of injury to member of the public who may let for hire, to be ridden or driven, a horse at that establishment; or

(2) The fitness or welfare of a horse under the control of the licensee.

B. For violations of Regulation .02B(1) and B(2)(a)—(b) of this chapter, the Board may impose:

(1) For a first violation, a penalty of not less than $500 or more than $1,000;

(2) For the second violation, a penalty of not less than $1,000 or more than $1,500; and

(3) For the third and any subsequent violation, a penalty of not less than $1,500 or more than $2,000.

History

  • Administrative History: Effective date: November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-701, 2-710, and 2-718, Annotated Code of Maryland
COMAR 15.16.03.04 Appeal.

A. Any person subject to the Board’s jurisdiction may appeal, according to Agriculture Article, §2-405, Annotated Code of Maryland, the Board's decision to impose an administrative penalty.

B. An operator shall be notified of this right to appeal.

History

  • Administrative History: Effective date: November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-701, 2-710, and 2-718, Annotated Code of Maryland
COMAR 15.16.03.05 Penalty Payment.

Unless a person appeals, the amount of a penalty shall be paid promptly to the Board.

History

  • Administrative History: Effective date: November 16, 2009 (36:23 Md. R. 1818)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective April 1, 2013 (40:6 Md. R. 476)
  • Authority: Agriculture Article, §§2-701, 2-710, and 2-718, Annotated Code of Maryland

15.17.01 Controlled Atmosphere Storage of Fruit

COMAR 15.17.01.01 Definitions.

A. In these regulations, the following terms have the meanings indicated:

B. Terms Defined.

(1) “Department” means the Maryland Department of Agriculture.

(2) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

(3) “Person” means any individual, corporation, partnership, association, firm, or other business entity.

(4) “MD-CA” or “Maryland Controlled Atmosphere Storage” is a mark or grade of quality certified by the Department which indicates that fresh fruit has been stored in a facility where atmospheric gasses have been controlled in volume and in temperature for the purpose of preserving the condition and maturity of fruit.

(5) “Facility” means a storage warehouse approved by the Department for storing of MD-CA certified fruit.

History

  • Administrative History: Effective date: October 12, 1981 (8:20 Md. R. 1637)
  • Authority: Agriculture Article §§10-602 and 10-703, Annotated Code of Maryland
COMAR 15.17.01.02 Application for “MD-CA” Certification.

Upon request, the Secretary may mark fruit as “MD-CA” certified. Requests for certification shall be made on a form as provided by the Department. Before certification, the Department shall inspect and approve each storage facility to insure its fitness to store “MD-CA” fruit. An applicant shall agree to pay to the Department a reasonable fee for any service as provided in this chapter.

History

  • Administrative History: Effective date: October 12, 1981 (8:20 Md. R. 1637)
  • Authority: Agriculture Article §§10-602 and 10-703, Annotated Code of Maryland
COMAR 15.17.01.03 Prohibition.

Unless approved by the Secretary, a person may not mark a container as “MD-CA” in any manner that indicates that it conforms to the grade or quality standards as provided in this chapter.

History

  • Administrative History: Effective date: October 12, 1981 (8:20 Md. R. 1637)
  • Authority: Agriculture Article §§10-602 and 10-703, Annotated Code of Maryland
COMAR 15.17.01.04 Standards for “MD-CA” Certified Fruits.

The Secretary shall certify and mark fruit as “MD-CA” certified if it conforms to all of the following standards:

A. Fruit shall be refrigerated immediately after harvesting and shall be sealed in a controlled atmosphere storage facility within 30 days after harvesting.

B. The oxygen content of a facility shall be reduced to 5 percent of the facility's volume within 20 cumulative calendar days after the facility's initial sealing.

C. The maximum amount of oxygen retained in a sealed “MD-CA” facility may not exceed 5 percent by volume.

D. While fruit is stored in a facility, the temperature shall be maintained within a range normal for each variety without significant deviation.

E. Fruit shall be stored for a minimum of 90 days in a facility, except 60 days for Jonathan variety apples. However, fruit may not be stored for more than 10 months or later than August 1 following harvest. All fruit shall be sealed in a facility with not more than 5 percent oxygen content.

History

  • Administrative History: Effective date: October 12, 1981 (8:20 Md. R. 1637)
  • Authority: Agriculture Article §§10-602 and 10-703, Annotated Code of Maryland
COMAR 15.17.01.05 Storage Facilities.

The Secretary shall approve each facility for the storage of fruit. Upon approval, the Secretary shall assign a facility number which shall be preceded by the letters “MD-CA”. The “MD-CA” number and the facility number shall be in letters and figures not less than 1/4 inch high and shall appear on all master cartons or shipping containers.

History

  • Administrative History: Effective date: October 12, 1981 (8:20 Md. R. 1637)
  • Authority: Agriculture Article §§10-602 and 10-703, Annotated Code of Maryland
COMAR 15.17.01.06 Records and Reports.

A. Records.

(1) A person whose fruit is certified “MD-CA” shall keep accurate daily records on forms approved by the Department.

(2) Records shall be made available to the Department upon request and shall be kept for 1 year from harvest.

(3) Records shall include the following:

(a) Full name and address of applicant;

(b) Number and storage capacity of each facility;

(c) Date of sealing of the facility;

(d) Date of opening of the facility;

(e) A daily record of the date and time of testing of the percent of carbon dioxide, oxygen, relative humidity, and the temperature of a facility;

(f) The quantity within the facility by variety and lot identification;

(g) The dates of any entry or resealing of the CA facility.

B. Within 30 days after a facility is filled with fruit and sealed, a person whose fruit is to be certified shall submit a written report to the Secretary showing the following:

(1) The quantity and lot or sub-lot identity by variety of fruit held; and

(2) The date of sealing of the facility.

C. If any person removes any fruit before the minimum holding period or final opening as required by this subtitle, the person whose fruit is certified shall notify the Secretary in writing within 3 days from removal stating the quantity and identity of fruit removed.

History

  • Administrative History: Effective date: October 12, 1981 (8:20 Md. R. 1637)
  • Authority: Agriculture Article §§10-602 and 10-703, Annotated Code of Maryland
COMAR 15.17.01.07 Certification Refusal.

The secretary may refuse to grade or to mark a person's fruit as “MD-CA” for failing to comply with the requirements of this chapter. An applicant who is denied “MD-CA” may request a hearing before the Secretary.

History

  • Administrative History: Effective date: October 12, 1981 (8:20 Md. R. 1637)
  • Authority: Agriculture Article §§10-602 and 10-703, Annotated Code of Maryland

15.18.01 Definitions of Identity for Commercial Fertilizer

COMAR 15.18.01.01 Scope.

These definitions of identity apply to any commercial fertilizer offered or sold in Maryland. They have been adopted giving due regard to commonly accepted definitions issued by the Association of American Plant Food Control Officials, Inc. A commercial fertilizer which is represented to contain fertilizer material, such as provided in these regulations, may be held misbranded if it does not conform to these terms or identity standards.

History

  • Administrative History: Effective date: May 24, 1982 (9:10 Md. R. 1023)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland
COMAR 15.18.01.02 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) “Acid-forming fertilizer” means a fertilizer capable of increasing the residual acidity of soil.

(2) “Chelate” means the type of compound or chemical union in which a central metal (cation or anion) is joined to a chelating agent in the same molecule by two or more bonds. These linkages result in the formation of one or more heterocyclic rings in which the metal is part of the ring.

(3) “Chelated plant nutrients” means compounds of metallic secondary and micro plant nutrients with organic chelating agents which have the property of being available under pH conditions in which the nutrients normally form insoluble compounds.

(4) “Chelating agent (sequestering agent)” means a compound having two or more sites of attachment to a metal (cation or anion) to form a chelate. Examples are EDTA (ethylenediaminetetraacetic acid), NTA (nitrilotriacetic acid), polyphosphoric acid, proteins and polyflavanoids.

(5) “Coated slow release fertilizer” means a fertilizer containing sources of water soluble nutrients, whose release is controlled by a coating applied to the fertilizer.

(6) “Filler” means a substance added to fertilizer materials to provide bulk, prevent caking, or serve some purpose other than providing essential plant nutrients.

(7) “Granular fertilizer” means a fertilizer in which 95 percent or more of the product is retained on a series of sieves within the range of 8 mesh (2.38 mm. opening) to 20 mesh (0.841 mm. opening), and in which the largest particle passes through a sieve having an opening not larger than four times that of the sieve which would retain 95 percent or more of the product.

Examples

| Sieve opening retaining 95 percent or more of the product. | Sieve opening passing the largest particle in the product. | Maximum range of particle size. | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | | Opening | | Opening | | | | | | Mesh | U.S.No. | mm | Mesh | U.S.No. | mm | Mesh | | | 20 | 20 | 0.841 | 6 | 6 | 3.36 | -6 | +20 | | 16 | 18 | 1.00 | 5 | 5 | 4.00 | -5 | +16 | | 14 | 16 | 1.19 | 4 | 4 | 4.76 | -4 | +14 | | 12 | 14 | 1.41 | 3.5 | 3.5 | 5.66 | -3.5 | +12 | | 10 | 12 | 1.68 | 3 | 0.265 inch | 6.73 | -3 | +10 | | 8 | 8 | 2.38 | 3/8 inch | 3/8 inch | 9.51 | -3/8 inch | + 8 |

(8) “Liquid fertilizer” means a fluid in which plant nutrients are in a true solution.

(9) “Lot” means, for purposes of obtaining an official sample, an identifiable quantity of commercial fertilizer that can be sampled, up to and including a freight car load or 50 tons maximum, or that amount contained in a single vehicle, or that amount delivered under a single invoice.

(10) “Manipulation” means the processing or treating of a substance in any manner, including drying to a moisture content of less than 30 percent.

(11) “Natural organic fertilizer” means a fertilizer derived from either plant or animal products containing one or more elements (other than carbon, hydrogen, and oxygen) which are essential for plant growth. These materials may be subjected to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic or aerobic bacterial action, or any combination of these. These materials may not be mixed with synthetic materials, or changed in any physical or chemical manner from their initial state except by physical manipulation such as drying, cooking, chopping, grinding, shredding or pelleting.

(12) “Nitrophosphate” means a product obtained by acidulation of phosphate rock with nitric acid. The complex mixture of nitrates and phosphate thus obtained does not contain nitrate nitrogen and phosphorus in the same molecule. The process is subject to modification designed to remove the hygroscopic calcium nitrate formed. These modifications include ammoniation, physical separation, co-acidulation with sulfuric or phosphoric acids, or subsequent treatment with carbon dioxide.

(13) “Nonacid-forming fertilizer” means a fertilizer not capable of increasing the residual acidity of the soil.

(14) “Organic fertilizer” means a material containing carbon and one or more elements other than hydrogen and oxygen essential for plant growth.

(15) “Overall index value” means the value obtained from the calculation: (Commercial Value Found) 100/(Commercial Value Guaranteed) using assigned values for N, APA, and soluble K2O, such as $3, $2, and $1 per unit.

(16) “Pelletized fertilizer” means a product, uniform in size and usually of globular shape, containing one or more nutrients produced by one of several methods including:

(a) Solidification of a melt while falling through a counter-current stream of air;

(b) Dried layers of slurry applied to recycling particles;

(c) Compaction;

(d) Extrusion;

(e) Granulation.

(17) “Primary nutrients” means nutrients that include the following plant food:

(a) Nitrogen (N);

(b) Available phosphoric acid (P2O5); and

(c) Potash (K2O).

(18) “Secondary and micro plant nutrients” means nutrients other than the primary nutrients that are essential for the normal growth of plants and that may need to be added to the growth medium. Secondary plant nutrients shall include boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc.

(19) “Slurry fertilizer” means a fluid mixture containing dissolved and undissolved plant nutrient materials which requires continuous mechanical agitation to assure homogeneity.

(20) “Suspension fertilizer” means a fluid containing dissolved and undissolved plant nutrients. The suspension of the undissolved plant nutrients may be inherent with the materials or produced with the aid of a suspending agent of non-fertilizer properties. Mechanical agitation may be necessary in some cases to facilitate uniform suspension of undissolved plant nutrients.

(21) “Synthetic” means any substance generated from another material or materials by means of a chemical reaction.

(22) “Unit” means 20 pounds of plant food or 1 percent of a ton.

C. Manganese Products.(Mn).

(1) “Manganese sulfate” means, when applied to an ingredient of a mixed fertilizer, anhydrous manganese sulfate (MnSO4).

D. Nitrogen Products (N).

(1) “Acidulated fish tankage, acidulated fish scrap” means the rendered product derived from fish and treated with sulfuric acid.

(2) “Activated sewage products” means those products made from sewage freed from grit and coarse solids and aerated after being inoculated with microorganisms. The resulting flocculated organic matter is withdrawn from the tanks, filtered with or without the aid of coagulants, dried, ground, and screened.

(3) “Ammoniated superphosphate” means a product obtained when superphosphate is treated with ammonia or with solutions which contain ammonia or other compounds of nitrogen. The guaranteed percentages of nitrogen and of available phosphoric acid shall be stated as part of the name.

(4) “Ammonium nitrate” means a substance, chiefly the ammonium salt of nitric acid. It shall contain not less than 33 percent of nitrogen, 1/2 of which is in the ammonium form and 1/2 in the nitrate form.

(5) “Ammonium sulfate nitrate” means a double salt of ammonium sulfate and ammonium nitrate which are present in equal molecular proportions. It shall contain not less than 26 percent nitrogen, 1/4 of which is in nitrate form and 3/4 in the ammonium form.

(6) “Bat guano” means partially decomposed bat manure.

(7) “Calcium nitrate” means a substance, chiefly the calcium salt of nitric acid. It shall contain not less than 15 percent nitrate nitrogen.

(8) “Crude, inert, or slow-acting nitrogenous materials” means unprocessed organic substances relatively high in nitrogen but having a very low value as plant food and showing a low activity by both the alkaline and neutral permanganate methods, below 50 percent and 80 percent respectively.

(9) “Cyanamid” means a commercial product consisting principally of calcium cyanamid (CaNCN) and carbon and it shall contain not less than 19.5 percent nitrogen.

(10) “Dried blood” means collected blood of slaughtered animals, dried and ground, and containing not less than 12 percent nitrogen.

(11) “Dried, pulverized, shredded, composted, or otherwise processed, manipulated, or treated animal manures” means a manure containing no more organic bedding materials, or other materials, than is necessary to follow good dairy barn, poultry house, etc., practice in order to maintain proper sanitary conditions, to conserve plant food elements in excreta, and to absorb adequately the liquid portion.

(12) “Fish tankage, fish scrap, dry ground fish, fish meal fertilizer grade” means the dried ground product derived from rendered or unrendered fish.

(13) “Garbage tankage” means the rendered, dried, and ground product from waste household food products.

(14) “Hoof and horn meal” means processed dried, ground hoofs and horns.

(15) “Isobutylene Diurea (IBDU)” means a condensation product of isobutyraldehyde and urea having a minimum total nitrogen content of 31 percent. It is a source of slowly available nitrogen by virtue of particle size, solubility decreasing with increase in partical size. Material conforming to the description of a “granular fertilizer” will have 90 percent of its nitrogen content in the water-insoluble form before grinding.

(16) “Nitrate of potash (potassium nitrate)” means a substance, chiefly the potassium salt of nitric acid. It shall contain not less than 12 percent of nitrogen and 44 percent of potash.

(17) “Nitrate of soda (sodium nitrate)” means a substance, chiefly the sodium salt of nitric acid. It shall contain not less than 16 percent nitrate nitrogen and 26 percent sodium.

(18) “Nitrate of soda and potash (sodium and potassium nitrate)” means a substance, chiefly the sodium and potassium salts of nitric acid. It shall contain not less that 15 percent of nitrate nitrogen, 1 percent of potash, and 18 percent of sodium.

(19) “Peat” means partly decayed vegetable matter of natural occurrence. It is chiefly composed of organic matter that contains some nitrogen of low activity.

(20) “Process tankage” means a product made under steam pressure from crude inert nitrogenous materials, with or without the use of acids, for the purpose of increasing the activity of nitrogen. These products shall be called process tankage with or without further qualification. The water-insoluble nitrogen in these products shall test at least 50 percent active by the alkaline, or 80 percent by the neutral permanganate method.

(21) “Sheep manure-wool waste” means the by-product from wool-carding establishments consisting chiefly of sheep manure, seeds, and wool fiber.

(22) “Sulfur Coated Urea (SCU)” means a coated slow release fertilizer consisting of urea particles coated with sulfur. The product is usually further coated with a sealant (2 percent to 3 percent of total weight) and a conditioner (2 percent to 3 percent of total weight). It typically contains about 30 percent to 40 percent nitrogen and about 10 percent to 30 percent sulfur.

(23) “Sulfate of ammonia (ammonium sulfate)” means a substance, chiefly the ammonium salt of sulfuric acid. It shall contain not less than 20.5 percent of nitrogen.

(24) “Tankage (without qualification)” means the rendered, dried, ground by-product, largely meat and bone from animals (slaughtered or that have died otherwise).

(25) “Urea” means the commercial synthetic acid amide of carbonic acid which contains not less than 45 percent nitrogen.

(26) “Urea-form fertilizer materials” means reaction products of urea and formaldehyde containing at least 35 percent nitrogen largely in insoluble but slowly available form. The water-insoluble content shall be at least 60 percent of the total nitrogen. The water-insoluble nitrogen in these products shall have an activity of not less than 40 percent.

(27) “Urea-formaldehyde products” means a product containing not less than 35 percent total nitrogen.

E. Phosphorus Products (P).

(1) “Acidulated bone” means a ground bone or bone meal that has been treated with sulfuric acid.

(2) “Ammoniated superphosphate” means a product obtained when superphosphate is treated with ammonia or with solutions which contain ammonia and other compounds of nitrogen. The guaranteed percentages of nitrogen and of available phosphoric acid shall be stated as part of the name.

(3) “Ammonium phosphate (fertilizer grade)” means a product obtained when phosphoric acid is treated with ammonia, and consists principally of monoammonium phosphate or a mixture of these two salts. The guaranteed percentage of nitrogen and of available phosphoric acid shall be stated as part of the name.

(4) “Ammonium phosphate-sulfate” (fertilizer grade) means a product obtained when a mixture of phosphoric acid and sulfuric acid is treated with ammonia. It consists principally of a mixture of ammonium phosphate and ammonium sulfate. The guaranteed percentages of nitrogen and of available phosphoric acid shall be stated as a part of the name.

(5) “Available phosphoric acid” means the sum of the water-soluble and the citrate-soluble phosphoric acid.

(6) “Basic lime phosphate (lime-based superphosphate)” means a superphosphate to which liming materials have been added in a quantity at least 6 percent calcium carbonate equivalent in excess of the quantity required to convert all water-insoluble phosphate to the citrate-soluble form.

(7) “Basic phosphate slag” means a by-product obtained in the manufacture of steel from phosphatic iron ores. The product shall contain no admixture of materials other than those resulting from the original process of manufacture. It shall contain not less than 12 percent of total phosphoric acid, of which at least 80 percent shall be available phosphoric acid. It shall be ground so that not less than 70 percent of the material passes through a U.S. Standard No. 100 sieve and 90 percent passes through a U.S. Standard No. 50 sieve. Any basic phosphoric slag not conforming to this definition shall be designated low phosphate.

(8) “Calcined phosphate” means a phosphate rock which has been heated, with or without one or more catalysts or reagents, sufficient to volatize and remove most or all organic, carbonate, fluoride, and other impurities, or thermally altered to more available phosphate compounds, or both, depending on the process. A significant portion of the phosphorus is citrate soluble and the percentage shall be stated as part of the brand name. Include are products known as fused tricalcium phosphate, defluorinated phosphate, rhenania phosphate, and various trade names.

(9) “Calcium metaphosphate” means a vitreous product substantially free from crystalline phosphates, resulting from the treatment of phosphate rock with gaseous phosphorus pentoxide at high temperatures. The guaranteed percentage of available phosphoric acid shall be stated as part of the name.

(10) “Citrate-soluble phosphoric acid” means that part of the total phosphoric acid in a fertilizer that is insoluble in water but soluble in a solution of citrate of ammonia.

(11) “Dicalcium phosphate” means a manufactured product consisting chiefly of dicalcic salt of phosphoric acid.

(12) “Ground raw bone” means ground animal bones that have not previously been steamed under pressure.

(13) “Ground steamed bone” means ground animal bones that have been previously steamed under pressure.

(14) “Phosphate rock” means a natural rock containing one or more calcium phosphate minerals of sufficient purity and quantity to permit its use, either directly or after concentration, in the manufacture of commercial products.

(15) “Phosphoric acid” means phosphorus pentoxide (P2O5).

(16) “Polyphosphates” means a general term pertaining to salts of any of a series of polyphosphoric acids, whose molecular structure contain two or more phosphorus atoms linked by oxygen. Solutions may contain several species such as orthophosphates, pyrophosphates, and polyphosphates containing three or more phosphorus atoms, commonly known as tripolyphosphates or tetrapolyphosphates and water.

(17) “Precipitated phosphate” means a product consisting mainly of dicalcium phosphate obtained by neutralizing with calcium hydroxide the acid solution of either phosphate rock or processed bone.

(18) “Soft phosphate with colloidal clay” means a very finely divided low-analysis by-product from mining Florida rock phosphate by a hydraulic process in which the colloidal materials settle at points in artificial ponds and basins farthest from the washer, and are later removed after the natural evaporation of the water.

(19) “Superphosphate” means a product obtained when rock phosphate is treated with either sulfuric acid, phosphoric acid, or a mixture of those acids. The guaranteed percentage of available phosphoric acid shall be stated as a part of the name.

(20) “Superphosphoric acid” means the acid form of polyphosphates, consisting of a mixture of orthophosphoric and polyphosphoric acids. Species distribution varies with concentration, typically 68 percent to 83 percent P2O5.

F. Potassium Products (K).

(1) “Double sulfate of potash and magnesia (Langbeinite)” means a commercial product containing not less than 21 percent of soluble potash (K2O), or less than 53 percent of sulfate of magnesia and not more than 2.5 percent of chlorine.

(2) “Kainit” means a potash salt containing potassium and sodium chlorides and sometimes sulfate of magnesia with not less than 12 percent of soluble potash (K2O).

(3) “Mine run potash salts” means potash salts containing a high percentage of chloride and from 20 percent to 30 percent of soluble potash (K2O).

(4) “Muriate of potash (commercial potassium chloride)” means a potash salt containing 48 percent to 62 percent of soluble potash (K2O) chiefly as chloride.

(5) “Nitrate of potash (potassium nitrate)” means a substance, chiefly the potassium salt of nitric acid. It shall contain not less than 12 percent of nitrogen and 44 percent of soluble potash.

(6) “Nitrate of soda and potash (sodium and potassium nitrate)” means a substance, chiefly the sodium and potassium salts of nitric acid. It shall contain not less than 15 percent of nitrate nitrogen, 10 percent of soluble potash, and 18 percent of sodium.

(7) “Potash” means potassium oxide (K2O).

(8) “Soluble potash” means that portion of the potash contained in fertilizer or fertilizer materials which is soluble in an aqueous ammoniacal solution of 0.8 percent ammonium oxalate, after boiling in a 1.14 percent solution of ammonium oxalate.

(9) “Sulfate of potash (commercial potassium sulfate)” means a potash salt containing not less than 48 percent of soluble potash (K2O) chiefly as sulfate, and not more than 2.5 percent of chlorine.

(10) “Sulfate of potash-magnesia” means a potash salt containing not less than 25 percent soluble potash (K2O), or less than 25 percent of sulfate of magnesia, and not more than 2.5 percent of chlorine.

History

  • Administrative History: Effective date: May 24, 1982 (9:10 Md. R. 1023)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland
COMAR 15.18.02 Registration and Labeling of Pesticides [Repealed]

History

  • Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1558)
  • Administrative History: Chapter repealed effective August 2, 2004 (31:15 Md. R. 1186)

15.18.03 Commercial Fertilizer and Soil Conditioner

COMAR 15.18.03.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Agricultural land” means land used for the production of crops or for raising livestock.

(2) “Brand” means the term, design, trademark, or other specific designation under which a commercial fertilizer or soil conditioner is distributed in the State.

(3) Commercial Fertilizer.

(a) “Commercial fertilizer” means any substance containing a recognized plant nutrient used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, or gypsum.

(b) “Commercial fertilizer” includes a fertilizer-pesticide or a specialty fertilizer as defined by this chapter.

(c) The definitions of identity for a commercial fertilizer are provided in COMAR 15.18.01.

(4) “Custom-mix” means any commercial fertilizer mixed on specific request of a purchaser according to a formula furnished by the purchaser.

(5) “Department” means the Maryland Department of Agriculture.

(6) “Distribute” means to import, manufacture, produce, compound, mix, blend, barter, sell, offer for sale, consign, furnish, provide, or otherwise supply a commercial fertilizer or soil conditioner as part of a commercial enterprise.

(7) “Grade” means the percentage of total nitrogen (N), available phosphoric acid or phosphate (P2O5), and soluble potash (K2O) stated in whole numbers in the same terms, order, and percentages as in the “guaranteed analysis”. Any “specialty fertilizer” or “mixed-to-order fertilizer” guarantee may be stated in decimal fractions of whole numbers.

(8) “Guaranteed analysis” means the minimum percentage of plant nutrients claimed as follows:

(a) Total nitrogen (N), available phosphate (P2O5), soluble potash (K2O);

(b) For unacidulated mineral phosphatic materials and basic slag, both total and available phosphate and the degree of fineness;

(c) For bone, tankage, and other organic phosphatic materials, total phosphate;

(d) Additional plant nutrients, when claimed, are to be expressed in elemental form; and

(e) Potential basicity or acidity may be expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton.

(9) “Industrial sludge” means the accumulated semiliquid suspension, settled, or dried residue of solids deposited as a by-product of an industrial, agricultural, or manufacturing process that is claimed to have value in promoting plant growth, or in producing a physical or chemical change in the soil.

(10) “Label” means the display of all written, printed, or graphic matter on the immediate container or a statement accompanying a commercial fertilizer or soil conditioner.

(11) “Labeling” means all written, printed, or graphic matter on or accompanying any commercial fertilizer or soil conditioner, or the contents of any advertisement, brochure, poster, or television or radio announcement used in promoting the sale of a commercial fertilizer or soil conditioner.

(12) “Lot” means a definite quantity of commercial fertilizer or soil conditioner, identified by name, grade, or code designation as certified by the Secretary.

(13) “Microorganism” means organisms of microscopic size intended for use as a nitrogen-fixation agent which are claimed to have value in promoting plant growth.

(14) “Origin” means the original physical source of the product or nutrient.

(15) “Percent” or “percentage” means percentage by weight.

(16) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity unless otherwise provided.

(17) “Primary plant nutrient” means a plant food that is essential for normal plant growth and includes nitrogen (N), available phosphate (P2O5), and potash (K2O).

(18) “Registrant” means any person who registers a commercial fertilizer or soil conditioner, pursuant to the provisions of this chapter.

(19) Secondary and Micro Plant Nutrients.

(a) “Secondary and micro plant nutrients” means nutrients, other than the primary nutrients, that are essential for normal growth of plants.

(b) “Secondary plant nutrients” include calcium (Ca), magnesium (Mg), and sulfur (S).

(c) “Micronutrients” include boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na), and zinc (Zn).

(20) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

(21) Soil Conditioner.

(a) “Soil conditioner” means any substance or mixture of substances, except a commercial fertilizer, unmanipulated animal and vegetable manures, agricultural liming material, or gypsum, intended for sale, offered for sale, or sold for:

(i) Manurial, soil enriching, or soil corrective purposes;

(ii) Promoting or stimulating the growth of plants;

(iii) Increasing the productivity of plants;

(iv) Improving the quality of crops; or

(v) Producing any chemical or physical change in the soil.

(b) “Soil conditioner” includes, but is not limited to, microorganisms and materials such as compost, peat, vermiculite, perlite, or digestate produced by anaerobic digestion that are incorporated into the soil.

(22) “Specialty fertilizer” means a commercial fertilizer distributed primarily for nonfarm use, such as home garden, lawn, shrubbery, flowers, golf course, municipal park, cemetery, greenhouse, or nursery, and may include a fertilizer used for any research or experimental purpose.

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.02 Registration.

A. Registration.

(1) Except as provided by this chapter, a person shall register with the Department each brand and grade of commercial fertilizer or soil conditioner before it is distributed in this State. A person who registers any product that is distributed as a combination product shall comply with the applicable regulatory requirements in this chapter for each product contained in the combination product. Examples of combination products regulated by the Secretary are fertilizer-lime and fertilizer-pesticide products.

(2) If the product label has not been altered or changed, a distributor is not required to register any brand or grade of commercial fertilizer or brand of soil conditioner which has been registered under this chapter by another person.

(3) An applicant for registration shall submit to the Department the following:

(a) A completed registration application provided by the Department;

(b) A copy of the product label and, if requested by the Secretary, other labeling describing the product; and

(c) The registration fee of:

(i) $15 for each brand and grade registered in bulk or in a package of more than 10 pounds, or

(ii) $30 for each brand and grade registered in a package of 10 pounds or less.

(4) The following are exempt from registration under this chapter:

(a) Unmanipulated animal and vegetable manure;

(b) Custom-mix fertilizer product; or

(c) Fertilizer product whose nutrient content is derived solely from sewage sludge, as regulated by COMAR 26.04.06.

B. Registration Renewal.

(1) By February 1 of each year, a registrant shall renew the registration for each brand and grade of commercial fertilizer or soil conditioner distributed in this State.

(2) An applicant for registration renewal shall submit to the Department the following:

(a) A completed registration renewal application on a form provided by the Department;

(b) A copy of the product label and any other printed materials describing the product, if:

(i) The label has been altered or changed since the product label was last approved, or

(ii) 5 years have passed since the product label was last submitted to the Department; and

(c) The registration fee of:

(i) $15 for each brand and grade registered in bulk or in a package of more than 10 pounds, or

(ii) $30 for each brand and grade registered in a package of 10 pounds or less.

C. Registration of Commercial Fertilizer.

(1) A registrant of a commercial fertilizer, except a custom-mix fertilizer, shall provide the Department with the following information on a form provided by the Department:

(a) Package size and net weight;

(b) Brand and grade under which the commercial fertilizer is distributed;

(c) Guaranteed analysis showing the minimum percentage of plant nutrients claimed, as follows:

(i) Total nitrogen (N) ___ percent,

(ii) Available phosphate (P2O5) ____ percent,

(iii) Soluble potash (K2O) ____ percent, and

(iv) Other plant nutrients ____ percent;

(d) Manufacturer's or registrant's telephone number and principal mailing address, including the street, city, state, and zip code; and

(e) Any other information the department requires.

(2) Registration of Fertilizer-Pesticide. A registrant of a fertilizer-pesticide shall provide the Department with the following information on a form provided by the Department:

(a) Package size and net weight;

(b) Brand and grade under which the fertilizer-pesticide is distributed;

(c) Guaranteed analysis showing the minimum percentage of plant nutrients claimed, as follows:

(i) Total nitrogen (N) ____ percent,

(ii) Available phosphate (P2O5) ____ percent,

(iii) Soluble potash (K2O) ____ percent, and

(iv) Other plant nutrients ____ percent;

(d) Pesticide active ingredient or ingredients, and guarantees;

(e) U.S. Environmental Protection Agency pesticide product registration number;

(f) Manufacturer's or registrant's telephone number and principal mailing address, including the street address, city, state, and zip code; and

(g) Any other information the Department requires.

D. Registration of Soil Conditioner.

(1) A registrant of a soil conditioner shall provide the Department with the following information:

(a) Net weight or other measure approved by the Secretary;

(b) Brand;

(c) Accurate statement of the composition of the soil conditioner, and its intended use;

(d) Manufacturer's or registrant's telephone number and principal mailing address, including the street address, city, state, and zip code; and

(e) Any other information the Department requires.

(2) Registration of Microorganism. An applicant for registration of a soil conditioner containing a microorganism intended for use as a nitrogen-fixation agent shall provide the Department with the following information:

(a) Brand;

(b) Guaranteed analysis showing the type of bacteria, including genus and species, and the minimum number of viable bacteria per gram of product;

(c) Manufacturer's or registrant's telephone number and principal mailing address, including the street address, city, state, and zip code; and

(d) Any other information the Department requires.

E. Registration of Industrial Sludge as a Fertilizer or Soil Conditioner.

(1) Unless a commercial fertilizer or soil conditioner that contains industrial sludge is first registered as required by this chapter, a person may not distribute it in the State.

(2) Industrial Sludge Testing.

(a) A registrant shall provide the Department with test results required by the Department to determine whether the industrial sludge qualifies as a commercial fertilizer or soil conditioner before it is distributed in the State.

(b) A registrant shall submit test results to the Department every 6 months after registration, or at intervals required by the Department.

(3) Registration Prohibited. A person may not register with the Secretary as a commercial fertilizer or soil conditioner any product containing industrial sludge from a pulp and paper mill that:

(a) Uses chlorine or chlorine derivative processes; and

(b) Contains a controlled hazardous substance as defined by COMAR 26.13.01.03.

(4) Statement of Origin. In addition to the other requirements of this chapter, an applicant for registration for a product that contains industrial sludge shall submit to the Secretary a product label, invoice, or statement showing the origin of the sludge.

(5) Records. A person distributing an industrial sludge registered as a commercial fertilizer or soil conditioner shall maintain distribution records for 2 years after initial registration.

F. Registration of Guarantees of Phosphates.

(1) An applicant for registration of a commercial fertilizer that contains unacidulated mineral phosphate materials or basic slag, or both, may guarantee the total phosphate and the available phosphate, or the degree of fineness, or both.

(2) An applicant for registration of a commercial fertilizer containing bone, tankage, or other organic phosphatic materials may guarantee the total phosphate (P2O5).

G. Registration of Guarantees other than Nitrogen, Phosphate, and Potash.

(1) The Secretary may require a guarantee of nutrients, if claimed by a registrant, other than nitrogen, phosphate, or potash, to be expressed in elemental form for a commercial fertilizer.

(2) The applicant shall state on the application the sources of nutrients other than nitrogen, phosphate, and potash.

H. Identification of Ingredients. If required by the Secretary, an applicant shall list on the application the common or usual English name of all ingredients used in the manufacturing or blending of a commercial fertilizer or soil conditioner.

I. Registration of Secondary Plant Nutrient or Micronutrient.

(1) An applicant for registration of a commercial fertilizer shall state on the registration form, immediately following the guarantees for primary plant nutrients, the guarantee for any secondary plant nutrient or micronutrient claimed in any manner.

(2) Any secondary plant nutrient or micronutrient claimed by the registrant shall be guaranteed:

(a) On an elemental basis;

(b) In the following order and at or above the minimum percentages accepted for registration, as listed in the following table:

| Element | Minimum Percentage | | --- | --- | | Calcium (Ca) | 1.00 | | Magnesium (Mg) | 0.50 | | Sulfur (S) | 1.00 | | Boron (B) | 0.02 | | Chlorine (Cl) | 0.10 | | Cobalt (Co) | 0.0005 | | Copper (Cu) | 0.05 | | Iron (Fe) | 0.10 | | Manganese (Mn) | 0.05 | | Molybdenum (Mo) | 0.0005 | | Sodium (Na) | 0.10 | | Zinc (Zn) | 0.05 |

J. Uniform Guarantees. The plant nutrient content of each brand and grade of commercial fertilizer registered, the composition of each brand of soil conditioner registered, and the bacterial count of each brand of microorganism registered shall remain uniform for the period of registration.

Cross References

15.18.03.03A(4)

15.18.03.03C(3)

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.03 Label.

A. Commercial Fertilizer Label. Each brand and grade of commercial fertilizer, except a custom-mix fertilizer, distributed in the State shall be accompanied by a conspicuous and legible label, or by a printed statement if the fertilizer is distributed in bulk, having the following information:

(1) Net weight;

(2) Brand and grade under which the commercial fertilizer is distributed;

(3) Guaranteed analysis showing the minimum percentage of every plant nutrient claimed to be contained in the fertilizer, as follows:

(a) Total nitrogen (N) __ percent,

(b) Available phosphate (P2O5) __ percent,

(c) Soluble potash (K2O) __ percent;

(4) Guarantees of secondary plant nutrients or micronutrients as provided in Regulation .02I of this chapter;

(5) Any other guarantee as provided in Regulation .02G—J of this chapter;

(6) Manufacturer's or registrant's name and address, including street address, city, state, and zip code; and

(7) Lot number, if available.

B. Soil Conditioner Label. Each brand and grade of soil conditioner distributed in the State shall be accompanied by a conspicuous and legible label, or by a printed statement if the soil conditioner is distributed in bulk, having the following information:

(1) Net content;

(2) Brand;

(3) Composition;

(4) Any other guarantee as provided in Regulation .02G—J of this chapter; and

(5) Manufacturer's or registrant's name and address, including street address, city, state, and zip code.

C. Microorganism Label. Each brand and grade of microorganism registered as a soil conditioner or commercial fertilizer shall be accompanied by a legible label having the following information:

(1) Brand;

(2) Guaranteed analysis showing the type of bacteria, including genus and species, and the minimum number of viable bacteria per gram of product;

(3) Guarantee of a secondary plant nutrient as provided in Regulation .02J of this chapter;

(4) Any other guarantees provided in Regulation .02H and I of this chapter;

(5) Manufacturer's or registrant's name and address, including street address, city, state, and zip code; and

(6) Lot number, if available.

D. Fertilizer-Pesticide Label. Each brand and grade of fertilizer-pesticide distributed as a commercial fertilizer in the State shall be accompanied by a conspicuous and legible label, or by a printed statement if the fertilizer-pesticide product is distributed in bulk, having the following information:

(1) Net weight;

(2) Brand and grade;

(3) Guaranteed analysis showing the minimum percentage of each plant nutrient claimed to be contained in the fertilizer, as follows:

(a) Total nitrogen (N) __ percent,

(b) Available phosphate (P2O5) __ percent,

(c) Soluble potash (K2O) __ percent;

(4) Pesticide active ingredient or ingredients and guarantee or guarantees;

(5) U.S. Environmental Protection Agency pesticide product registration number;

(6) Lot number; and

(7) Manufacturer's or registrant's name and address, including city, state, and zip code.

E. Placement of Label on Package. A registrant shall place at the following location on the product package the label of each commercial fertilizer or soil conditioner:

(1) On tags affixed to the end of the package; or

(2) Directly on the package, and for a bag containing 50 pounds or more of the product, the grade shall be legible and placed on the face of the package.

F. Additional Requirement for Specialty Fertilizer Label.

(1) Each brand and grade of specialty fertilizer distributed in the State shall be accompanied by a legible label placed on either the face of the container or on the upper 1/3 side of the container.

(2) A specialty fertilizer label shall include information required for commercial fertilizer labels provided by Regulation .03A of this chapter.

G. Requirements for Custom-Mix Fertilizer Label. Each lot of fertilizer mixed or blended according to a formula furnished by the purchaser shall be marked plainly or tagged with the words “custom-mix”, “buyer's mixture”, or “mixed-to-order”, and shall be accompanied by a shipping statement or label having the following information:

(1) Net weight;

(2) Guaranteed analysis showing the minimum percentage of each plant nutrient claimed to be contained in the fertilizer; and

(3) Manufacturer's name and address, including street address, city, state, and zip code.

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.04 Proof of Claim.

A. The Department may require a registrant to prove any claim made about any fertilizer or soil conditioner.

B. Any research supporting a claim by a registrant shall be done by a commonly recognized institution or organization approved by the Department.

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.05 Record-Keeping Requirements of Registrant.

A. A registrant shall keep complete records on the distribution of each lot of commercial fertilizer or soil conditioner, and shall make these records available to the Department upon request.

B. A registrant shall keep records for 2 years after a commercial fertilizer or soil conditioner lot is distributed.

C. A registrant's records shall have the following information:

(1) Source of the commercial fertilizer or soil conditioner lot, or, if unknown, a statement so indicating;

(2) Manufacturer or supplier's name, address, and telephone number; and

(3) Lot numbers, quantities, dates of production or delivery, and available bar code information.

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.06 Tonnage and Sales Information Reporting.

A. Statement Required.

(1) The registrant of each commercial fertilizer or soil conditioner shall submit to the Department:

(a) A semiannual statement of the tonnage of each grade of commercial fertilizer or soil conditioner distributed in the State; and

(b) An inspection fee of 25 cents for each ton distributed, except a fertilizer or soil conditioner product distributed in a package of 10 pounds or less.

(2) This statement and inspection fee shall include each sale for the periods of January 1 through June 30 or July 1 through December 31 of each year.

B. Failure to File Statement or Pay Fee. If a registrant does not file a tonnage report and the inspection fee within 31 days after the end of the semiannual period, a collection fee amounting to 10 percent of the amount, or a minimum of $10, shall be assessed against the registrant. The amount of fees due constitutes a debt and may become the basis of a judgment against the registrant.

C. Monthly Report of Sales and Distribution to Nonregistrant.

(1) Each registrant distributing or selling a commercial fertilizer to a nonregistrant shall mail to the Department, within 10 days, excluding legal holidays and Sundays, after the last day of each month a statement showing the following information for that month:

(a) The total tons of commercial fertilizer distributed, by grades and analyses;

(b) The counties where the commercial fertilizer was distributed; and

(c) The form in which the commercial fertilizer was shipped, such as, bags, bulk, or liquid.

(2) If more than one person is involved in the distribution of the commercial fertilizer, the last registrant who distributes to a nonregistrant, whether a dealer or consumer, is responsible for reporting tonnage, unless a prior registrant has reported the tonnage distributed.

D. Reporting.

(1) The registrant of each commercial fertilizer and specialty fertilizer shall report to the Department on the amount of fertilizer sold and distributed each fiscal year beginning July 1st of a calendar year and ending on June 30th of the next calendar year, within 31 days after the end of this reporting period, for nonfarm use by grades and analysis to the following identified sectors:

(a) Lawn and turf;

(b) Golf course and athletic fields;

(c) Gardening, including but not limited to landscaped areas such as vegetable and flower gardens, shrubs and trees, containers, water gardens, potting/planting soil with fertilizer; and

(d) Greenhouses and nurseries.

(2) Instead of filing an annual report as required by this section, a registrant may file a monthly report of sales information along with the tonnage report as required by this regulation.

(3) If more than one person is involved in the sale and distribution of the commercial fertilizer and specialty fertilizer, the last registrant who sells or distributes to a nonregistrant, whether a dealer or consumer, is responsible for reporting, unless a prior registrant has reported, as required by this regulation.

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.07 Inspection of Commercial Fertilizer or Soil Conditioner.

A. The Secretary may sample without charge any commercial fertilizer or soil conditioner to determine if it complies with the requirements of the Maryland Commercial Fertilizer Law, Agriculture Article, §§6-201—6-221, Annotated Code of Maryland.

B. A sample of not less than 1 pound of a commercial fertilizer or soil conditioner shall be taken by the Secretary from containers, as follows:

(1) For a lot of five to ten containers a sample shall be taken from all containers;

(2) For a lot of more than ten containers a sample shall be taken from only ten containers.

C. Ten core samples shall be taken by the Secretary from each bulk lot.

D. Each sample shall be taken from original unbroken bags or containers when the contents have not been damaged by exposure, water, or other conditions.

E. A homogeneous sample, as determined by the Secretary, may be taken from a liquid or fluid lot of commercial fertilizer.

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.08 Nutrient Deficiency or Excess.

A. A fertilizer is deficient in, or contains an excess of, one or more of its guaranteed nutrients if it contains less than, or more than, the allowances established in §B of this regulation, and is subject to a penalty as provided in Regulation .09 of this chapter.

B. Tolerance Table.

(1) A commercial fertilizer's primary nutrients are out of tolerance if the analysis of any fertilizer nutrient exceeds or falls below the guarantee by more than the following values:

Primary Nutrient Tolerance Table*

| Guaranteed | Total Nitrogen (Percentage) | Available Phosphate (Percentage) | Soluble Potash (Percentage) | | | | | --- | --- | --- | --- | --- | --- | --- | | Percentage | Minimum | Maximum | Minimum | Maximum | Minimum | Maximum | | 04 or less | 049 | 1.0 | 0.67 | 1.0 | 0.41 | 1.0 | | 05 | 0.51 | 1.0 | 0.67 | 1.0 | 0.43 | 1.0 | | 06 | 0.52 | 1.5 | 0.67 | 1.5 | 0.47 | 1.5 | | 07 | 0.54 | 1.5 | 0.68 | 1.5 | 0.53 | 1.5 | | 08 | 0.55 | 1.5 | 0.68 | 1.5 | 0.60 | 1.5 | | 09 | 0.57 | 1.5 | 0.68 | 1.5 | 0.65 | 1.5 | | 10 | 0.58 | 2.0 | 0.69 | 2.0 | 0.70 | 2.0 | | 12 | 0.61 | 2.0 | 0.69 | 2.0 | 0.79 | 2.0 | | 14 | 0.63 | 2.0 | 0.70 | 2.0 | 0.87 | 2.0 | | 16 | 0.67 | 2.0 | 0.70 | 2.0 | 0.94 | 2.0 | | 18 | 0.70 | 2.0 | 0.71 | 2.0 | 1.01 | 2.0 | | 20 | 0.73 | 2.0 | 0.72 | 2.0 | 1.08 | 2.0 | | 22 | 0.75 | 2.0 | 0.72 | 2.0 | 1.15 | 2.0 | | 24 | 0.78 | 2.0 | 0.73 | 2.0 | 1.21 | 2.0 | | 26 | 0.81 | 2.0 | 0.73 | 2.0 | 1.27 | 2.0 | | 28 | 0.83 | 2.0 | 0.74 | 2.0 | 1.33 | 2.0 | | 30 | 0.86 | 2.0 | 0.75 | 2.0 | 1.39 | 2.0 | | 32 or more | 0.88 | 2.0 | 0.76 | 2.0 | 1.44 | 2.0 |

  • For guarantees not listed, calculate the appropriate value by interpolation.

(2) A commercial fertilizer's secondary nutrient or micronutrient is out of tolerance if the analysis of any nutrient is above or below the guarantee as described in the following table:

Secondary Nutrient or Micronutrient Tolerance Table

| Element | Allowable Deficiency* | Allowable Excess | | --- | --- | --- | | Calcium | 0.2 unit + 5% of guarantee | NA (Not Applicable) | | Magnesium | 0.2 unit + 5% guarantee | NA | | Sulfur | 0.2 unit + 5% of guarantee | NA | | Boron | 0.003 unit + 15% of guarantee | 50% | | Cobalt | 0.0001 unit + 30% of guarantee | 50% | | Molybdenum | 0.0001 unit +30% of guarantee | 50% | | Chloride** | 0.005 unit + 10% of guarantee | 0 (None) | | Copper | 0.005 unit + 10% of guarantee | 50% | | Iron | 0.005 unit + 10% of guarantee | 50% | | Manganese | 0.005 unit + 10% of guarantee | 50% | | Sodium | 0.005 unit + 10% of guarantee | 50% | | Zinc | 0.005 unit + 10% guarantee | 50% |

  • The maximum allowance when calculated in accordance with this table is 1 unit (1 percent).

** The maximum allowable amount of chloride used as a micronutrient in a tobacco fertilizer is 2 percent by weight.

C. A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is subject to a stop-sale or penalty.

Cross References

15.18.03.09B(1)

15.18.03.09D(1)

15.18.03.10A(2)

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.09 Fertilizer Penalty Policy.

A. The penalties in §§B—D of this regulation apply to a manufacturer or registrant for any deficiency or excess of a nutrient that the manufacturer or registrant is required to or may guarantee.

B. Primary Plant Nutrient.

(1) Violation. A manufacturer or registrant violates this chapter by distributing any commercial fertilizer that does not fall within the range of tolerances for a primary plant nutrient provided by the Tolerance Table in Regulation .08B(1) of this chapter.

(2) Penalty. For a violation of this section, a manufacturer or registrant is subject to a fine three times the commercial value, as published annually by the Secretary, of the nutrient deficiency in any lot analyzed.

C. Secondary Plant Nutrient or Micronutrient Deficiency or Excess.

(1) Calcium Carbonate.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer in which the basicity or acidity as equivalent of calcium carbonate differs more than 5 percent or 100 pounds of calcium carbonate equivalent per ton from the manufacturer's or registrant's guarantee.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of 50 cents per ton for each 50 pounds calcium carbonate equivalent that varies from the guarantee.

(2) Chloride.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer if it is labeled or branded for use on tobacco, and the chloride content exceeds the maximum amount guaranteed by more than 0.5 of 1 percent.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty equal to 10 percent of the value of the fertilizer for each 0.5 of 1 percent of excess, or fraction of it.

(3) Total Magnesium.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer if its magnesium content is less than 0.2 unit plus 5 percent of the guarantee below the minimum amount guaranteed.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of $1 a ton for each 0.15 of 1 percent additional deficiency, or fraction of it.

(4) Total Calcium.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer if its calcium content is less than 0.2 unit plus 5 percent of the guarantee below the minimum amount guaranteed.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of $1 a ton for each 0.35 of 1 percent additional deficiency, or fraction of it.

(5) Sulfur.

(a) Violation. A manufacturer or registrant violates this chapter by distributing a fertilizer, including a mixed fertilizer branded for tobacco, if its sulfur content is less than 0.2 unit plus 5 percent of the guarantee below the minimum amount guaranteed.

(b) Penalty. For a violation of this subsection, a manufacturer or registrant is subject to a penalty of $1 a ton for each 0.5 of 1 percent deficiency, or fraction of it.

D. Other Secondary Plant Nutrient or Micronutrient Deficiency or Excess.

(1) Violation. A manufacturer or registrant violates this chapter by distributing a commercial fertilizer that contains any other secondary plant nutrient or micronutrient not listed in this regulation that does not fall within the range of tolerances provided by the Tolerance Table in Regulation .08B(2) of this chapter.

(2) Penalty. For a violation of this chapter, a manufacturer or registrant is subject to a penalty of $5 for each secondary plant nutrient or micronutrient deficiency or excess up to a maximum of $10 a ton.

Cross References

15.18.03.08A

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.10 Stop-Sale Order.

A. Stop-Sale Order.

(1) A written stop-sale order may be issued by the Secretary for any commercial fertilizer or soil conditioner lot that the Secretary finds is in violation of the Maryland Commercial Fertilizer Law, Agriculture Article, §§6-201—6-221, Annotated Code of Maryland, or this chapter, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, plants, or the environment.

(2) A commercial fertilizer that contains an ingredient that is outside the allowable tolerance listed in Regulation .08 of this chapter, or that differs from the identity standards for commercial fertilizer as provided in COMAR 15.18.01, is subject to a stop-sale order.

B. Absence of Lot Number. If the Secretary suspects that a lot is in violation of this chapter or the Maryland Commercial Fertilizer Law, Agriculture Article, §§6-201—6-221, Annotated Code of Maryland, and if the lot is not numbered according to this chapter, the entire affected inventory may be placed under a stop-sale order by the Secretary.

C. Written Release. If a commercial fertilizer or soil conditioner lot is under a written stop-sale order, the registrant shall remove it from the registrant's sales area and the lot may not be moved until released in writing by the Secretary.

D. Stop-Sale Notice To All Outlets and Distributors. A registrant shall notify all affected outlets and distributors of any stop-sale order placed by the Secretary on any lot of commercial fertilizer or soil conditioner.

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011
COMAR 15.18.03.11 Refusal or Revocation of Registration.

A. The Secretary may refuse to register or may revoke any registration for a commercial fertilizer or soil conditioner that does not comply with the requirements of this chapter or with the requirements of the Maryland Commercial Fertilizer Law, Agriculture Article, §§6-201—6-221, Annotated Code of Maryland.

B. A person whose registration is refused or revoked, or who is subject to any penalty provided by this chapter, shall be given an opportunity for a hearing by the Secretary before any denial, revocation, or penalty is final.

History

  • Administrative History: Effective date: August 1, 1994 (21:15 Md. R. 1307)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .06D adopted effective July 21, 2014 (41:14 Md. R. 799)
  • Authority: Agriculture Article, §6-203, Annotated Code of Maryland; Chs. 484 and 485, §8, Acts of 2011

15.18.04 Compost

COMAR 15.18.04.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Agricultural land” means land cultivated for the production of crops or used for raising livestock.

(2) “Agricultural operation” means any farming operation devoted to the production for sale of crops or animals, including, but not limited to, fruits, vegetables, meat, poultry and dairy products, nuts, tobacco, aquaculture, nursery and floral products, and trees.

(3) “Brand” means the term, design, trademark, or other specific designation under which a compost product is distributed in the State.

(4) “Certified operator” means an owner, operator, or employee of a composting facility who is certified by the Secretary under this chapter.

(5) “Compost” means a stabilized organic product produced by the controlled aerobic decomposition process in such a manner that the product may be handled, stored, and applied to the land or used as a soil conditioner in an environmentally acceptable manner without adversely affecting plant growth.

(6) “Compostable” means any biological material capable of being aerobically decomposed into compost.

(7) “Composting” is the aerobic degradation of organic matter to make compost.

(8) “Composting facility” means a facility where solid waste or organic material is processed using composting technology, including:

(a) Physical turning;

(b) Windrowing; and

(c) Aeration or other mechanical handling of organic matter.

(9) “Department” means the Maryland Department of Agriculture.

(10) “Distribute” means to import, manufacture, produce, compound, mix, blend, barter, sell, offer for sale, consign, furnish, provide, or otherwise supply compost as part of a commercial enterprise.

(11) “Industrial sludge” means the accumulated semiliquid suspension, settled, or dried residue of solids deposited as a by-product of an industrial process and which is claimed to have value in promoting plant growth or improving the soil.

(12) “Label” means the display of all written, printed, or graphic matter on the immediate container or a statement accompanying a compost product.

(13) “Labeling” means all written, printed, or graphic matter on or accompanying any compost product or the contents of any advertisement, brochure, poster, or television or radio announcement used in promoting the sale of a compost product.

(14) “Lot” means a definite quantity of a compost product by name, classification, or code designation as registered by the Secretary for distribution.

(15) “Manure” means a solid waste composed of excreta of livestock, and residual materials that have been used for bedding, sanitary, or feeding purposes for animals.

(16) Marginal Land.

(a) “Marginal land” means land where the soil characteristics do not support normal vegetative growth over time.

(b) “Marginal land” includes, but is not limited to, land abandoned due to mineral extraction, strip mine areas, areas where topsoil has been removed, fill areas with poor soil characteristics, or landfills with poor topsoil.

(17) “Mulch” means any material or product, with at least 50 percent of its volume composed of particles 1/2 inch or larger in size, that is distributed for primary use on the soil surface or around plants as decoration or as a protective covering to reduce moisture loss, control weeds, prevent erosion, reduce temperature changes, or similar purposes relating to the soil.

(18) “Organic” means any natural biological substance of plant or animal origin that is capable of microbial degradation.

(19) “Origin” means the original physical source of the compostable material.

(20) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity unless otherwise provided.

(21) “PFRP” means process to further reduce pathogens, as provided by COMAR 26.04.06.

(22) “Registrant” means a person who registers a compost product pursuant to the provisions of this chapter.

(23) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

(24) “Septage” means the liquid and solid material pumped or removed from chemical toilets, septic tanks, seepage pits, privies, cesspools, or holding tanks when the system is cleaned and maintained.

(25) “Sewage sludge” means the accumulated semiliquid suspension, settled solids, or dried residue of these solids that is deposited from sewage in a wastewater treatment plant, whether or not these solids have undergone treatment.

(26) Soil Conditioner.

(a) “Soil conditioner” means any substance or mixture of substances, except a commercial fertilizer, unmanipulated animal and vegetable manures, agricultural liming material, or gypsum, intended for sale, offered for sale, or sold for:

(i) Manurial, soil enriching, or soil corrective purposes;

(ii) Promoting or stimulating the growth of plants;

(iii) Increasing the productivity of plants;

(iv) Improving the quality of crops; or

(v) Producing any chemical or physical change in the soil.

(b) “Soil conditioner” includes, but is not limited to, materials such as compost, peat, vermiculite, perlite, or digestate produced by anaerobic digestion that are incorporated into the soil.

(27) Solid Waste.

(a) “Solid waste” means any garbage, refuse, sludge, or liquid from industrial, commercial, mining, or agricultural operations or from community activities.

(b) “Solid waste” includes scrap tires and organic compostable materials, but does not include solid or dissolved material in domestic sewage or in irrigation return flows or compost as defined in this chapter.

(28) “Stabilized compost” means any compost that has ceased active biological decomposition, that is, the temperature of a 4-foot-high, 6-foot-diameter pile of compost may not rise more than 20°C above ambient temperature when the pile is left undisturbed for 72 hours at the composting facility.

(29) “Yard waste” means organic plant waste derived from gardening, landscaping, and tree trimming activities, and includes leaves, garden waste, lawn cuttings, weeds, and tree prunings.

Cross References

26.04.11.02B(32)

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.02 Registration of Compost.

A. Registration.

(1) Except as provided by this regulation, a person shall register with the Department each brand or classification of compost before the compost is sold or distributed within the State.

(2) A person applying for registration shall submit the following information to the Department:

(a) A completed registration application form provided by the Department;

(b) A copy of the product label and any other labeling describing the product; and

(c) The registration fee of $15 for each brand or classification in bulk or in a package of more than 10 pounds, or $30 for each brand or product in a package of 10 pounds or less.

(3) The following compost products are not subject to registration or regulation under this chapter:

(a) Compost produced on a residential property by the owner or tenant for noncommercial use;

(b) Compost from normal farm operations, not for sale or distribution, for use only on an owner's farm or leased farm as a part of an agronomic, horticultural, or silvicultural operation;

(c) Compost produced by a government agency to be given without charge to a person or for use by that agency on land that the agency owns or manages; or

(d) Any product from solid waste that is composted merely to reduce the product's volume before disposal as a solid waste.

B. Registration Renewal.

(1) By February 1 of each year, a registrant shall renew the registration with the Department for each brand or classification of compost distributed.

(2) A person shall apply for renewal of a registration by submitting the following information to the Department:

(a) A completed registration renewal application form provided by the Department;

(b) A copy of the product label, and any other printed materials describing the product, if the label has been altered or changed since the product was last registered, or if 5 years have passed since the product label was last submitted to the Department with the registration renewal application; and

(c) A registration fee of $15 for each compost brand or classification in bulk or in a package of more than 10 pounds, or $30 for each brand or product in a package of 10 pounds or less.

C. Proof of Claim. The Department may require a registrant to provide proof of any claim made on the registration application, the product label or labeling, or any other claim.

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.03 Operator Certification Requirement.

A. Each composting facility regulated by this chapter shall operate under the supervision of a certified operator.

B. Certification. A person shall apply for certification as a composting facility operator by:

(1) Applying to the Department on a departmental form; and

(2) Demonstrating proof of practical and scientific knowledge of composting by passing a written examination given by the Department.

C. Recertification. A person shall apply for renewal by:

(1) Applying to the Department;

(2) Demonstrating satisfactory knowledge of composting by attending during the period of certification at least one training course approved by the Department or by reexamination; and

(3) Complying with all other requirements of this chapter.

D. A composting facility operator certificate is valid for 3 years beginning January 1, or whenever obtained, until December 31 of the third year of certification.

E. Examination.

(1) Each applicant for certification shall pass a written examination given by the Department.

(2) The Department shall give the examination at least twice a year.

(3) The Department may provide either the required training or a list of study materials before any examination is given.

(4) To apply for the examination to be certified as a composting facility operator, an applicant shall file with the Department at least 15 days before any announced examination an application on the form the Department requires.

Cross References

26.04.11.09B(1)(a)(xix)

26.04.11.09B(2)

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.04 Composting Facility Operator Requirements.

A. A composting facility certified operator is responsible for complying with the requirements of this regulation when operating a composting facility.

B. For a composting facility receiving only agricultural or yard waste the following is required:

(1) Stabilized compost, or any compost product to be distributed from the facility, shall be tested by the operator each quarter, or once every 20,000 tons of compost, whichever is more frequent, for each parameter listed in Table 1 of Regulation .11 of this chapter, using a method acceptable to the Department;

(2) If the compost test results are within the testing limits set forth in Regulation .05A of this chapter during the first year of operation, then the operator may test only once a year, provided the test results remain within the limits set forth in Regulation .05A of this chapter;

(3) An alternative testing schedule may be approved by the Secretary, provided the operator demonstrates that the alternative testing schedule will provide at least equivalent protection to the public and to the environment;

(4) The operator shall make test results available to the Department for inspection during the facility's normal hours of operation.

C. For a composting facility receiving solid waste other than only agricultural or yard waste the following is required:

(1) The certified operator of a solid waste composting facility shall develop a quality assurance or quality control plan approved by the Department that describes monitoring, sampling, and analysis plans for testing the composting process and product to be distributed;

(2) The Department shall determine and the operator shall follow an appropriate monitoring and sampling schedule for the 15-month initial start-up period for any new facility;

(3) Using information gained during the start-up period, a monitoring and sampling schedule for ongoing operations shall be developed by the operator with the Department, based on statistical methods for quality assurance.

D. Samples of compost to be distributed shall be obtained by the operator in accordance with a plan approved by the Department. Samples of the compost produced at the facility shall be analyzed by the operator for each parameter listed in Table 1 of Regulation .11 of this chapter using a method acceptable to the Department.

E. Results of laboratory analysis for each parameter specified in Table 1 of Regulation .11 of this chapter shall be recorded by the operator and kept for 2 years at the facility and shall be available to the Department, upon request.

F. The Department may decrease or increase the parameters to be analyzed, or the frequency of analysis, based on monitoring data, changes in the waste stream or processing, or the potential presence of toxic substances.

G. The Secretary may conduct periodic sampling, without charge, and testing of any compost product to be distributed to determine if it complies with the requirements of this chapter.

H. The Secretary may establish additional limits on any classification of compost or any specific product if it is found that the compost contains a chemical or physical component that can cause unreasonable adverse effects to humans, animals, plants, or the environment.

Cross References

26.04.11.12C(6)

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.05 Compost Classification.

A. A compost product is classified as a General Use, Limited Use, or Restricted Use compost as shown in §§B—D of this regulation.

B. General Use Compost.

(1) General Use compost may not exceed the following specifications:

| Parameter | Parameter Limit All limits apply to product leaving composting facility. | | --- | --- | | (a) pH (range) | 6.0—8.0 | | (b) Heavy metals (maximum) | | | (i) Arsenic | 41 mg/kg dry wt. | | (ii) Cadmium | 39 mg/kg dry wt. | | (iii) Chromium | 1200 mg/kg dry wt. | | (iv) Copper | 1500 mg/kg dry wt. | | (v) Lead | 300 mg/kg dry wt. | | (vi) Mercury | 17 mg/kg dry wt. | | (vii) Molybdenum | 18 mg/kg dry wt. | | (viii) Nickel | 420 mg/kg dry wt. | | (ix) Selenium | 36 mg/kg dry wt. | | (x) Zinc | 2800 mg/kg dry wt. | | (c) PCBs | 5 ppm | | (d) Man-made inerts (maximum) >4mm, | 2 percent dry wt. | | (e) Film plastic >4mm | 2 percent dry wt. | | (f) Process to further reduce pathogens (required for compost from municipal solid waste or manure) | pass |

(2) A General Use compost:

(a) Shall pass through a 12mm (1/2 inch) screen;

(b) Shall be stabilized;

(c) May not have an objectionable odor; and

(d) May be distributed as a soil conditioner for use by the general public or for any use allowed by this chapter.

C. Limited Use Compost.

(1) A Limited Use compost may not exceed the following specifications:

| Parameter | Parameter Limit All limits apply to product leaving composting facility. | | --- | --- | | (a) pH (range) | 6.0—8.0 | | (b) Heavy metals (maximum) | | | (i) Arsenic | 41 mg/kg dry wt. | | (ii) Cadmium | 39 mg/kg dry wt. | | (iii) Chromium | 1200 mg/kg dry wt. | | (iv) Copper | 1500 mg/kg dry wt. | | (v) Lead | 300 mg/kg dry wt. | | (vi) Mercury | 17 mg/kg dry wt. | | (vii) Molybdenum | 18 mg/kg dry wt. | | (viii) Nickel | 420 mg/kg dry wt. | | (ix) Selenium | 36 mg/kg dry wt. | | (x) Zinc | 2800 mg/kg dry wt. | | (c) PCBs | 10 ppm | | (d) Man-made inerts (maximum) >4mm | 4 percent dry wt. | | (e) Film plastic >4mm | 2 percent dry wt. | | (f) Process to further reduce pathogens (required for compost from municipal solid waste or manure) | pass |

(2) A Limited Use compost:

(a) Shall pass through an 18mm (3/4 inch) screen;

(b) Shall be stabilized;

(c) May not have an objectionable odor; and

(d) May only be distributed for use by a commercial, agricultural, institutional, or governmental operation, or for restricted use as provided by this chapter.

D. Restricted Use Compost:

(1) A Restricted Use compost may not exceed the indicated maximum level for any heavy metal or trace element, as follows:

| (a) Arsenic | 75 mg/kg dry wt. | | --- | --- | | (b) Cadmium | 85 mg/kg dry wt. | | (c) Chromium | 3000 mg/kg dry wt. | | (d) Copper | 4300 mg/kg dry wt. | | (e) Lead | 840 mg/kg dry wt. | | (f) Mercury | 57 mg/kg dry wt. | | (g) Molybdenum | 75 mg/kg dry wt. | | (h) Nickel | 420 mg/kg dry wt. | | (i) Selenium | 100 mg/kg dry wt. | | (j) Zinc | 7500 mg/kg dry wt. |

(2) A Restricted Use compost:

(a) May not be a hazardous waste, as defined in COMAR 26.13.02.03;

(b) May not be stockpiled or disposed of unless authorized by the Maryland Department of the Environment;

(c) May not be distributed or sold to the general public;

(d) Is restricted to distribution for use as a final, intermediate, or alternate daily landfill cover, as provided by COMAR 26.04.07, or on marginal land or in land reclamation efforts if applied at rates not to exceed limits established in Table 2 of Regulation .12 of this chapter; and

(e) Includes any compost exceeding any parameter limit for Limited Use compost, as provided in Regulation .05C of this chapter, or any compost designated by the registrant as Restricted Use classification.

Cross References

15.18.04.04B(2)

26.04.11.12C(3)

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.06 Compost Labeling.

A. A person who manufactures or distributes a package or container of compost subject to this chapter is responsible for labeling the package or container with the following information:

(1) Net weight or volume;

(2) Brand under which the compost is distributed;

(3) Classification of compost;

(4) Manufacturer's name and complete address; and

(5) Origin.

B. A person who manufactures or distributes for bulk sale any compost subject to this chapter shall have a label or have labeling with information required in §A of this regulation. A manufacturer or distributor shall make any label or labeling information available to the Department, upon request.

C. Each lot of bulk compost offered for sale or distribution by a person shall be identified by that person by a legible sign containing at least the following:

(1) Brand name; and

(2) Classification of compost.

D. A person who manufactures a compost produced from materials containing an industrial sludge is responsible for labeling the product indicating the origin of the industrial sludge.

E. A person who distributes a compost is responsible for the label or labeling or providing on a written invoice or shipping statement, if the compost is offered for bulk distribution, information indicating recommended uses, application rates, and use restrictions, if any, for the compost product, including information stating that:

(1) Compost classified as General Use may be used by the general public as a mulch, soil conditioner, or topsoil substitute;

(2) Compost classified as Limited Use is limited for use as follows:

(a) Only for use by a commercial, agricultural, institutional, or governmental operation,

(b) Only for use where contact by the general public is unlikely,

(c) On agricultural land when repeated applications occur to a site, the total amount of any heavy metal applied per acre per year to that site may not exceed 1/10 the maximum cumulative loading for that metal listed in Regulation .12 of this chapter, and

(d) The total amount of any heavy metal applied per acre cumulatively to a site may not exceed the maximum amount for that metal listed in Table 2 of Regulation .12 of this chapter;

(3) Compost classified as Restricted Use is restricted for use as follows:

(a) Only for use as a landfill cover, on marginal land or in land reclamation efforts, provided that the maximum total amount of each heavy metal that is applied does not exceed the cumulative loading limit for that metal as listed in Regulation .12 of this chapter,

(b) Only for use where there will be no contact by the general public with the compost, and

(c) Not for use by the general public.

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.07 Compost Tonnage Reporting.

A. Tonnage Reporting Statement.

(1) The registrant of each compost product shall submit to the Department:

(a) A semiannual written statement of the tonnage for each brand or classification of compost distributed in this State; and

(b) Except as provided in §A(3) of this regulation, an inspection fee of 25 cents for each ton distributed.

(2) This statement and inspection fee shall include each sale for the periods of January 1 through June 30 and July 1 through December 31 of each year.

(3) Through September 30, 2022, if the registrant is a private entity, the registrant is exempt from submitting an inspection fee of 25 cents for each ton of commercial compost distributed in this State.

B. Failure to File Statement or Pay Fee. If a registrant fails to file a tonnage report and the inspection fee is not paid within 31 days after the end of the semiannual period, a collection fee amounting to 10 percent of the amount, or a minimum of $10, may be assessed against the registrant. The amount of fees due constitute a debt and may become the basis of a judgment against the registrant.

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.08 Record-Keeping Requirements.

A. A registrant or facility operator who distributes compost shall maintain complete records for 2 years for each lot of compost distributed.

B. Records shall have the following information:

(1) Source, type, and quantity of compostable received;

(2) Quantity and type of waste or compostable processed into compost;

(3) Quantity and classification of compost produced, by product classification;

(4) Quantity and classification of compost distributed, by product classification; and

(5) Analytical results of compost testing.

C. A registrant who distributes in bulk a Limited Use or Restricted Use compost product for application to soil on a site where repeated use of any compost is expected to occur shall:

(1) Maintain for 10 years application records for each lot of compost product applied to that site; and

(2) Document cumulative loading of each heavy metal listed in Regulation .12 of this chapter applied to that site.

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.09 Inspection Procedures.

A. The Department or a designee may examine records, and may inspect and sample without charge any compost or compost product of any producer or distributor to determine if the records or compost complies with the requirements of this chapter.

B. A sample or lot found by the Department not to be in conformity with the regulations in this chapter or with the Maryland Commercial Fertilizer Law shall be subject to a penalty or a stop-sale order. The Department shall issue a written notice of the violation.

C. The Department may inspect any load of compostable material or compost for hazardous or noncompostable material.

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.10 Refusal or Cancellation of Registration.

The Secretary may refuse to register or may revoke any registration for a brand or classification of compost, or the certificate of a person, that does not comply with the requirements of this chapter or with the requirements of the Maryland Commercial Fertilizer Law.

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.11 Table 1. Compost Quality Parameters.

| Parameter | Unit | | --- | --- | | A. pH | Standard units | | B. Regulated trace metals or inorganic pollutants: | | | (1) Arsenic (As) | mg/kg dry wt. | | (2) Cadmium (Cd) | mg/kg dry wt. | | (3) Chromium (Cr) | mg/kg dry wt. | | (4) Copper (Cu) | mg/kg dry wt. | | (5) Lead (Pb) | mg/kg dry wt. | | (6) Mercury (Hg) | mg/kg dry wt. | | (7) Molybdenum (Mo) | mg/kg dry wt. | | (8) Nickel (Ni) | mg/kg dry wt. | | (9) Selenium (Se) | mg/kg dry wt. | | (10) Zinc (Zn) | mg/kg dry wt. | | C. Polychlorinated biphenyls (PCBs) | mg/kg dry wt. | | D. Man-made inerts >4mm, 13mm | percent dry wt. | | E. Film plastic >4mm | percent dry wt. |

Cross References

15.18.04.04B(1)

15.18.04.04D

15.18.04.04E

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland
COMAR 15.18.04.12 Table 2. Compost Cumulative Loading Limits (Maximum).

| Regulated Heavy Metal | Cumulative Loadinga,b | | --- | --- | | A. Arsenic | 37 lbs/acre | | B. Cadmium | 35 lbs/acre | | C. Chromium | 2,680 lbs/acres | | D. Copper | 1,340 lbs/acre | | E. Lead | 270 lbs/acre | | F. Mercury | 15 lbs/acre | | G. Molybdenum | 16 lbs/acre | | H. Nickel | 375 lbs/acre | | I. Selenium | 90 lbs/acre | | J. Zinc | 2,500 lbs/acre |

(a) This is the maximum sum of all prior loadings to the soil.

(b) Compost shall have a pH greater than or equal to 5.5.

Cross References

15.18.04.05D(2)(d)

15.18.04.06E(2)(c)

15.18.04.06E(2)(d)

15.18.04.06E(3)(a)

15.18.04.08C(2)

History

  • Administrative History: Effective date: February 13, 1995 (22:3 Md. R. 155)
  • Administrative History: Regulation .01B amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Administrative History: Regulation .02A amended effective January 21, 2013 (40:1 Md. R. 22)
  • Administrative History: Regulation .07A amended effective December 16, 2019 (46:25 Md. R. 1131)
  • Authority: Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland

15.18.05 Commercial Feed

COMAR 15.18.05.01 Scope of Regulations.

This chapter governs the distribution of contract feed for chickens to a contract feeder.

History

  • Administrative History: Effective date: May 13, 2002 (29:9 Md. R. 746)
  • Authority: Agriculture Article, §6-107.1, Annotated Code of Maryland
COMAR 15.18.05.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Additive” means any substance that is a component of, or that is included in, a contract feed for the specific purpose of reducing the quantity of phosphorus in chicken waste.

(2) “Commercial feed” means a material which is distributed for use as feed, or for mixing in feed for chickens, except:

(a) Unmixed and unprocessed whole seeds or meal made directly from the entire seeds;

(b) Unground hay; or

(c) Stover, silage, cobs, hulls, and whole or ground straw, none of which materials have been mixed with any other material.

(3) “Contract feed” means a commercial feed:

(a) Intended for use as a chicken feed, according to an agreement between a distributor and a contract feeder; and

(b) Containing inorganic phosphorus.

(4) “Contract feeder” means an independent contractor who feeds a contract feed to chickens pursuant to a contract whereby commercial feed is supplied, or otherwise provided to the contract feeder, and payment is determined wholly or partially by feed consumption, mortality, profits, and amount or quality of the product.

(5) “Department” means the Maryland Department of Agriculture.

(6) “Distribute” means to exchange, offer for sale, sell, barter, supply, or provide commercial feed, customer-formula feed, or contract feed to a contract feeder, or otherwise to supply or provide commercial feeds as part of a commercial enterprise.

(7) “Enzyme” means a specific protein, or a substance containing a specific protein, that is used as a feed additive to increase the digestibility or availability of phytate-bound phosphorus in corn, sorghum, soybeans, and other cereal grains, or in any plant ingredients included in a commercial feed.

(8) “Person” means an individual, corporation, partnership, association, firm, or other business entity.

(9) “Phytase” means an enzyme, or specific protein, that is used as a feed additive to increase the digestibility or availability of phytate-bound phosphorus in corn, sorghum, soybeans, and other cereal grains, or in any plant ingredients included in a commercial feed.

(10) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

History

  • Administrative History: Effective date: May 13, 2002 (29:9 Md. R. 746)
  • Authority: Agriculture Article, §6-107.1, Annotated Code of Maryland
COMAR 15.18.05.03 Contract Feed Requirements.

A. A person who distributes contract feed shall add to the feed phytase, other enzyme, or additive that reduces the level of phosphorus in poultry waste.

B. Notification to Department.

(1) By January 1 of each year, a person distributing to a contract feeder a contract feed shall provide the Department with the following information for that calendar year:

(a) Name of company or firm distributing a contract feed;

(b) Name or identifying number of each contract feed;

(c) Name of each type of enzyme or additive to be included in each contract feed; and

(d) A copy of the product label, or scientific documentation, supporting the use of each enzyme or additive in the contract feed.

(2) During the calendar year, any change in the type of enzyme or additive to be mixed with a contract feed shall be reported by the distributor to the Department before it is used in the feed.

C. Record Keeping.

(1) A person distributing a contract feed to a contract feeder shall maintain a production record for each lot of feed produced or the quantity of feed produced during a specific period, such as each shift or each day.

(2) Each production record shall include the following:

(a) Brand name or identifying number of the contract feed;

(b) Lot identification or period of production at the feed manufacturing site;

(c) Specific name of the enzyme or additive included in the contract feed;

(d) Quantity of the contract feed produced; and

(e) Quantity of the enzyme or additive included in the contract feed.

(3) Each contract feed production record shall be:

(a) Maintained for 1 year from the date of manufacture of each lot or designated quantity of contract feed; and

(b) Made available, upon request, to the Department.

D. Contract Feed Analysis.

(1) A person producing a contract feed shall:

(a) Collect a representative sample from at least one lot per quarter of a contract feed produced at each feed mill;

(b) Have the sample analyzed by a laboratory to determine the activity or concentration of phytase, other enzyme, or additive present in the contract feed sampled;

(c) Maintain for at least 1 year from the date of analysis the laboratory results of each contract feed analyzed; and

(d) Make available, upon request, to the Department the results of the laboratory analysis of each representative sample.

(2) Each person producing a contract feed shall make available to the Department, upon request, a sample from any lot of contract feed produced for distribution to a contract feeder. When analyzing any sample, the Department shall use the method of analysis provided in the Journal of the Association of Official Analytical Chemists.

E. Departmental Access to Records. A person producing or distributing a contract feed in the State shall provide access for the Secretary to:

(1) Inspect the production of a contract feed;

(2) Sample any contract feed; or

(3) Review any records pertaining to the use of phytase, other enzyme, or additive in a contract feed.

History

  • Administrative History: Effective date: May 13, 2002 (29:9 Md. R. 746)
  • Authority: Agriculture Article, §6-107.1, Annotated Code of Maryland
COMAR 15.18.05.04 Penalty.

A person who violates the provisions of this chapter is guilty of a misdemeanor and is subject to the penalties and fines provided in Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland.

History

  • Administrative History: Effective date: May 13, 2002 (29:9 Md. R. 746)
  • Authority: Agriculture Article, §6-107.1, Annotated Code of Maryland

15.18.06 Assessment on Commercial Equine Feed

COMAR 15.18.06.01 Purpose.

The purpose of this chapter is to provide for the assessment on commercial equine feed and to describe the procedures for its collection and possible refund to a retail purchaser. This 5-year program is intended to benefit Maryland's equine industry.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)
  • Authority: Agriculture Article, §6-107.2, Annotated Code of Maryland
COMAR 15.18.06.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Commercial equine feed” or “feed” means feed that is labeled or intended for an equine, but does not include unprocessed feed such as hay, oats, corn, or any feed that is exempt from the registration requirements of the Maryland Commercial Feed Law, Agriculture Article, §6-107, Annotated Code of Maryland.

(2) “Equine” means a horse, mule, donkey, or pony.

(3) “Labeled” means labeling or any display of written, printed, or graphic matter affixed to or accompanying the feed or the container in which the commercial equine feed is sold, including an invoice or delivery ticket.

(4) “Person” means an individual, governmental entity, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(5) “Registrant” means a person who is required to register feed pursuant to the Maryland Commercial Feed Law, Agriculture Article, §6-107, Annotated Code of Maryland.

(6) “Secretary” means the Secretary of the Department of Agriculture or the Secretary's designee.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)
  • Authority: Agriculture Article, §6-107.2, Annotated Code of Maryland
COMAR 15.18.06.03 Assessment.

There is an assessment of $2 per ton on commercial equine feed sold in the State.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)
  • Authority: Agriculture Article, §6-107.2, Annotated Code of Maryland
COMAR 15.18.06.04 Liability for Payment.

A. Subject to the requirements of this chapter, a registrant shall pay the correct amount of the assessment to the Secretary.

B. Quarterly Payment Requirements. A registrant shall pay the correct amount of the assessment for commercial equine feed sold in the State to the Secretary once each quarter as follows:

(1) For feed sold January 1 through March 31, the assessment shall be received by the Secretary by April 30;

(2) For feed sold April 1 through June 30, the assessment shall be received by the Secretary by July 30;

(3) For feed sold July 1 through September 30, the assessment shall be received by the Secretary by October 30; and

(4) For feed sold October 1 through December 31, the assessment shall be received by the Secretary by January 30.

C. Payment Form. A registrant shall pay by check or money order only, accompanied by a completed commercial equine feed assessment form provided by the Secretary.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)
  • Authority: Agriculture Article, §6-107.2, Annotated Code of Maryland
COMAR 15.18.06.05 Records.

A person who is subject to the requirements of this chapter shall keep for 4 years all records in connection with the sale of commercial equine feed in the State. The records shall be made available to the Secretary upon request.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)
  • Authority: Agriculture Article, §6-107.2, Annotated Code of Maryland
COMAR 15.18.06.06 Reimbursement.

A. Retail Purchaser. Subject to the requirements of this regulation, a person who purchases commercial equine feed at a retail location in this State may request reimbursement from the Secretary for the amount of any assessment paid on the feed.

B. Reimbursement Form. A person who requests reimbursement shall provide the Secretary with an original sales receipt for the feed and a completed form adopted by the Secretary.

C. Request Period. A person who requests reimbursement of the assessment shall submit a request that is received by the Secretary not more than 120 days from the feed purchase date.

D. Request Denied. The Secretary shall deny any request for reimbursement if received after the 120-day period provided in this regulation, or if assessment funds have not been paid or are otherwise unavailable.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)
  • Authority: Agriculture Article, §6-107.2, Annotated Code of Maryland
COMAR 15.18.06.07 Retail Store Sign Requirement.

A. Posting at Point of Sale. A person who sells commercial equine feed at any retail location shall post in a noticeable place at the point of sale an appropriate sign, adopted by the Secretary, that informs the feed purchaser of the possibility of reimbursement.

B. Sign Availability. Upon request, the Secretary shall provide a sign to any person who sells commercial equine feed.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)
  • Authority: Agriculture Article, §6-107.2, Annotated Code of Maryland
COMAR 15.18.06.08 Assessment Use.

Any assessment collected by the Secretary shall be paid into the Maryland Horse Industry Fund, as provided in Agriculture Article, §2-708.2, Annotated Code of Maryland, to be used only for education, research, and promotional materials and activities intended to benefit the Maryland equine industry.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)
  • Authority: Agriculture Article, §6-107.2, Annotated Code of Maryland
COMAR 15.18.06.09 Enforcement.

The Secretary may take appropriate action to enforce the requirements of this chapter, as provided in Agriculture Article, §2-104, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1808); adopted permanently effective February 17, 2003 (30:3 Md. R. 181)
  • Authority: Agriculture Article, §6-107.2, Annotated Code of Maryland

15.18.07 Administrative Penalty Standards

COMAR 15.18.07.01 Purpose and Scope.

This chapter establishes standards that determine the administrative penalty for any person who violates and is required to be registered under the Maryland Pesticide Registration and Labeling Law (Agriculture Article, Title 5, Subtitle 1, Annotated Code of Maryland), the Maryland Commercial Feed Law (Agriculture Article, Title 6, Subtitle 1, Annotated Code of Maryland), the Maryland Commercial Fertilizer Law (Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland), or the Agricultural Liming Materials and Gypsum Law (Agriculture Article, Title 6, Subtitle 3, Annotated Code of Maryland).

History

  • Administrative History: Effective date: February 27, 2006 (33:4 Md. R. 354)
  • Authority: Agriculture Article, §§5-107.1 and 6-401, Annotated Code of Maryland
COMAR 15.18.07.02 Penalty Instead of Refusing or Canceling a Registration.

After notice and an opportunity for a hearing, the Secretary may impose a penalty on any person subject to the Secretary's regulatory authority, instead of refusing or canceling a registration.

History

  • Administrative History: Effective date: February 27, 2006 (33:4 Md. R. 354)
  • Authority: Agriculture Article, §§5-107.1 and 6-401, Annotated Code of Maryland
COMAR 15.18.07.03 Violations.

The Secretary may impose a penalty on any person who:

A. Violates any of the regulatory requirements of the Maryland Pesticide Registration and Labeling Law under Agriculture Article, Title 5, Subtitle 1, Annotated Code of Maryland;

B. Violates any of the regulatory requirements of the Maryland Commercial Feed Law under Agriculture Article, Title 6, Subtitle 1, Annotated Code of Maryland;

C. Violates any of the regulatory requirements of the Maryland Commercial Fertilizer Law under Agriculture Article, Title 6, Subtitle 2, Annotated Code of Maryland;

D. Violates any of the regulatory requirements of the Maryland Agriculture Liming Materials and Gypsum Law under Agriculture Article, Title 6, Subtitle 3, Annotated Code of Maryland;

E. Violates any stop sale order or other regulatory order issued by the Secretary for any commodity sold or offered for sale under Agriculture Article, Title 5, Subtitle 1, or Title 6, Annotated Code of Maryland; or

F. Fails to pay any assessed penalty to the Department as required by this chapter.

Cross References

15.18.07.04A

History

  • Administrative History: Effective date: February 27, 2006 (33:4 Md. R. 354)
  • Authority: Agriculture Article, §§5-107.1 and 6-401, Annotated Code of Maryland
COMAR 15.18.07.04 Classifications of Violations for the Purpose of Determining Penalties.

A. For a violation of Regulation .03 of this chapter, a penalty may be imposed by the Secretary, considering the nature and gravity of each violation as determined by §B of this regulation, consistent with the following standards:

(1) For the first violation, a penalty of not less than $100 or more than $500;

(2) For the second violation a penalty of not less than $500 or more than $1,500;

(3) For the third and any subsequent violation, a penalty of not less than $1,000 or more than $2,000.

B. Before imposing any administrative penalty under this chapter, the Secretary shall consider the following if relevant to a violation:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) The extent to which the violation caused harm to the environment;

(3) Any economic loss to the State or to citizens of the State; and

(4) The extent to which the violation is a part of a recurring pattern of violations.

History

  • Administrative History: Effective date: February 27, 2006 (33:4 Md. R. 354)
  • Authority: Agriculture Article, §§5-107.1 and 6-401, Annotated Code of Maryland
COMAR 15.18.07.05 Appeal.

A person may appeal the Secretary's decision to impose a penalty as provided in Agriculture Article, §2-405, Annotated Code of Maryland. A person shall be notified of this right to appeal.

History

  • Administrative History: Effective date: February 27, 2006 (33:4 Md. R. 354)
  • Authority: Agriculture Article, §§5-107.1 and 6-401, Annotated Code of Maryland
COMAR 15.18.07.06 Penalty Payment.

Unless a person appeals, the amount of a penalty shall be paid to the Secretary within 30 days of the violation notice.

History

  • Administrative History: Effective date: February 27, 2006 (33:4 Md. R. 354)
  • Authority: Agriculture Article, §§5-107.1 and 6-401, Annotated Code of Maryland

15.18.08 Record-Keeping Requirements for Ammonium Nitrate Fertilizer

COMAR 15.18.08.01 Scope.

This chapter establishes record-keeping requirements for a person who sells or distributes ammonium nitrate fertilizer.

History

  • Administrative History: Effective date: April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §6-209.1, Annotated Code of Maryland
COMAR 15.18.08.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Ammonium nitrate fertilizer” means a fertilizer that is chiefly the ammonium salt of nitric acid that contains not less than 33 percent nitrogen, 1/2 of which is in the ammonium form and 1/2 of which in the nitrate form.

(2) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

History

  • Administrative History: Effective date: April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §6-209.1, Annotated Code of Maryland
COMAR 15.18.08.03 Record-Keeping Requirements.

A. A person who sells or distributes ammonium nitrate fertilizer shall maintain for at least 2 years, at a business location, a record for each sale or distribution, with the following information:

(1) The date of sale or distribution;

(2) The name and address of the buyer and recipient;

(3) A photocopy of the buyer or recipient's state issued driver license, or a copy of the buyer or recipient's picture identification card; and

(4) The quantity of ammonium nitrate purchased or delivered.

B. The records required to be maintained under this chapter shall be made available to the Secretary upon request.

History

  • Administrative History: Effective date: April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §6-209.1, Annotated Code of Maryland
COMAR 15.18.08.04 Penalty.

A person who violates this chapter is subject to an administrative penalty provided in Agriculture Article, §6-401, Annotated Code of Maryland.

History

  • Administrative History: Effective date: April 10, 2006 (33:7 Md. R. 675)
  • Authority: Agriculture Article, §6-209.1, Annotated Code of Maryland

15.18.09 Pet Food and Specialty Pet Food

COMAR 15.18.09.01 Scope and Purpose.

This chapter establishes the requirements for registering pet food and specialty pet food prior to distribution in Maryland.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.02 Incorporation by Reference.

The technical standards provided in this chapter are found in the 2016 official publication of the Association of American Feed Control Officials (AAFCO), under AAFCO Dog and Cat Food Nutrient Profiles, pp. 150—175, Procedures for Establishing Pet Food Product Families, p. 191, and AAFCO Dog and Cat Food Feeding Protocols, pp. 176—190, which are incorporated by reference.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “AAFCO” means the Association of American Feed Control Officials.

(2) “All life stages” means gestation/lactation, growth and adult maintenance life stages.

(3) “Family” means a group of products that are nutritionally adequate for any or all life stages based on nutritional similarity to a lead product, which has been successfully test-fed according to an AAFCO feeding protocol or protocols.

(4) Immediate Container.

(a) “Immediate container” means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers.

(b) “Immediate container” does not include containers used as shipping containers.

(5) “Ingredient statement” means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed.

(6) “Principal display panel” means the part of a label on the pet food or specialty pet food that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(7) “Pet” means dog or cat.

(8) “Pet food” means any commercial feed prepared and distributed for consumption by dogs or cats.

(9) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

(10) “Specialty pet” means any domesticated pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles.

(11) “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets.

(12) “Raw milk” means any milk or milk product, exclusive of any USDA licensed biologics, from any species other than humans, that has not been pasteurized in accordance with processes recognized by the U.S. Food and Drug Administration.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.04 Label Format for Pet Food and Specialty Pet Food.

A. General Requirements. In addition to other requirements for commercial feed provided by law, the requirements of this regulation shall apply also to pet food and specialty pet food.

B. Pet Food Labeling. A pet food and specialty pet food shall be labeled with the following information:

(1) The product name and brand name if any, on the principal display panel as specified Agriculture Article, §6-109(a)(2), Subtitle 1, Title 6, Annotated Code of Maryland;

(2) A statement specifying the species name of the pet or specialty pet for which the food is intended, conspicuously designated on the principal display panel;

(3) A quantity statement as defined in Agriculture Article, §11-308, Subtitle 3, Title 11, Annotated Code of Maryland, on the principal display panel, by weight (pounds and ounces, and metric), liquid measure (quarts, pints, and fluid ounces and metric) or by count;

(4) Guaranteed analysis as specified in Agriculture Article, §6-109(a)(5), Subtitle 1, Title 6, Annotated Code of Maryland;

(5) An ingredient statement as specified Agriculture Article, §6-109(a)(3), Subtitle 1, Title 6, Annotated Code of Maryland;

(6) A statement of nutritional adequacy or purpose if required under these regulations;

(7) Feeding directions if required under these regulations;

(8) Name and address of the manufacturer or distributor as stipulated in Agriculture Article, §6-109(a)(4), Subtitle 1, Title 6, Annotated Code of Maryland; and

(9) A unique and traceable lot number or production date.

C. Requirements for Outer Container or Wrapper. When a pet food or specialty pet food is enclosed in an outer container or wrapper and is intended for retail sale, the following requirements apply to the outer container or wrapper:

(1) A vignette, graphic, or pictorial representation of any product on any pet food or specialty pet food label shall not misrepresent the contents of the package;

(2) The use of the term “proven” in connection with a label claim for a pet food or specialty pet food is not permitted unless the claim is substantiated by scientific or other empirical evidence;

(3) No statement shall appear upon the label of any pet food or specialty pet food which makes false or misleading comparisons between that food and any other pet or specialty pet food;

(4) Personal or commercial endorsement or endorsements are permitted on pet food or specialty pet food labels if it is not false or misleading;

(5) A statement on a pet food or specialty pet food label stating “improved”, “new”, or a similar designation shall be substantiated and limited to 6 months’ production; and

(6) A statement on a pet food or specialty pet food label stating preference or a comparative attribute or attributes claim shall be substantiated and is limited to 1 year of production, after which the claim shall be removed or re-substantiated.

D. Requirement for Raw Milk.

(1) Raw milk distributed as pet food or specialty pet food shall bear the following statement:

“WARNING: NOT FOR HUMAN CONSUMPTION—THIS PRODUCT HAS NOT BEEN PASTEURIZED, MAY CONTAIN HARMFUL BACTERIA AND MAY CAUSE FOODBORNE ILLNESS.”

(2) This warning statement shall be displayed in a conspicuous manner and shall not be smaller than the height of the minimum font for the quantity statement as shown in the following table:

| Panel Size | Warning Statement Minimum Type Size | | --- | --- | | < 5in.2 | 1/16 in. | | > 5 — < 25 in.2 | 1/8 in. | | > 25 — < 100 in.2 | 3/16 in. | | > 100 — < 400 in.2 | 1/4 in. | | > 400 in.2 | 1/2 in. |

(3) The label shall bear a unique and traceable lot number or production date.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.05 Brand and Product Names.

A. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of the regulation apply also to pet food and specialty pet food.

B. Designation of “100%” or “All”. The designation “100%” or “All” or words of similar connotation shall not be used in the brand name or product name of a pet food or specialty pet food if the product contains more than one ingredient, provided, for the purpose of this section only, not including water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments.

C. Designation of Ingredients. An ingredient or a combination of ingredients may form a part of the product name of a pet food or specialty pet food if:

(1) The ingredient or ingredients constitutes at least 95 percent of the total weight of the product.

(2) Water sufficient for processing may be excluded when calculating the percentage, however, the ingredients shall constitute at least 70 percent of the total product weight.

(3) Any ingredient constitutes at least 25 percent of the weight of the product, excluding water sufficient for processing.

(4) Any descriptor that shall imply that other ingredients are included in the product formula. Examples of descriptors include “dinner”, “platter”, “entrée”, “formula”, and “recipe.

(5) The descriptor is in the same size, style, and color print as the ingredient name or names.

(6) The combination of ingredients which are included in the product name complies with the following:

(a) Each ingredient constitutes at least 3 percent of the product weight, excluding water sufficient for processing;

(b) The name of the ingredients appear in the order of respective predominance by weight in the product; and all the ingredient names appear on the label in the same size, style and color print.

D. Use of Ingredient Name. When the name of an ingredient appears in the product name of a pet food or specialty pet food or elsewhere on the product label and includes a descriptor such as “with” or similar designation, the named ingredient or ingredients shall each constitute at least 3 percent of the product weight exclusive of water for processing. If the names of more than one ingredient are shown, they shall appear in respective order of predominance by weight in the product. The 3 percent minimum level does not apply to claims for condiments or nutrients, such as, but not limited to, vitamins, minerals and fatty acids. The word “with”, or similar designation, and named ingredient or ingredients shall be in the same size, style, color and case print and be of no greater size than:

| Panel Sizes | Maximum “With Claim” Type Size | | --- | --- | | < 5 square inches | 1/8 inch | | 5 — < 25 Square inches | 1/4 inch | | 25 — < 100 square inches | 3/8 inch | | 100 — < 400 square inches | 1/2 inch | | > 400 square inches | 1 inch |

E. Designation of Flavor. A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food if the flavor designation meets the following requirements:

(1) The flavor designation:

(a) Conforms to the name of the ingredient listed in the ingredient statement; or

(b) Is identified by the source of the flavor in the ingredient statement;

(2) The word “flavor” is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and

(3) Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request.

F. Ingredients as Product Name. The product name of the pet food or specialty pet food shall not be derived from one or more ingredients unless all ingredients are included in the name, except as specified by Regulation .04B, C, or D of this chapter, provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts that have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or

(2) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

G. Contractions or Coined Names. Contractions or coined names referring to ingredients shall not be used in the brand name of any pet food or specialty food unless they are in compliance with Regulation .04B, C, or D of this chapter Regulation .04B, C, or D of this chapter.

H. Designation of Raw Milk. When pet food or specialty pet food consists of raw milk, the words, “Raw (blank) Milk” shall appear conspicuously on the principal display panel. The blank is to be completed by using the species of animal from which the raw milk is collected.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.06 Expressions of Guarantees.

A. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of these regulations shall also apply to pet food and specialty pet food.

B. Guaranteed Analysis Requirement.

(1) The “Guaranteed Analysis” on a pet food or specialty pet food label shall be listed in the following order and format unless otherwise specified in these regulations:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat;

(c) Maximum percentage of crude fat, if required by Regulation .12 of this chapter;

(d) Maximum percentage of crude fiber;

(e) Maximum percentage of moisture; and

(f) Additional guarantees shall follow moisture.

(2) When ash is listed in the guaranteed analysis on a pet food or specialty pet food label, it shall be guaranteed as a maximum percentage and shall immediately follow the moisture guarantee.

(3) A dog or cat food label shall list other required or voluntary guarantees in the same order and units of the nutrients in the AAFCO Dog or Cat Food Nutrient Profiles (current printed AAFCO OP). Guarantees for substances not listed in the AAFCO Dog or Cat Food Nutrient Profiles, or not otherwise provided for in these regulations, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk referring to the disclaimer “not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles.” The disclaimer shall appear immediately after the last guarantee under this item in the same size type as the guarantees.

(4) A specialty pet food label shall list other required or voluntary guarantees in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the specific species; however, if no species-specific AAFCO-recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile. Guarantees for substances not listed in an AAFCO recognized nutrient profile for the specific species of animal shall immediately follow the listing of recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer “not recognized as an essential nutrient by the ________.” The blank is to be completed by listing the specific AAFCO nutrient profile. This disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. No such disclaimer shall be required unless an AAFCO-recognized nutrient profile is available for the specific species of specialty pet.

C. Sliding Scale Method Prohibited. The sliding scale method of expressing any guaranteed analysis, for example, “protein 15—18 %”, is prohibited.

D. Mineral Supplement Representation. The label of a pet food or a specialty pet food that is formulated as and represented to be a mineral supplement shall include:

(1) Minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed as the element in units specified in the nutrient profile; or

(2) Minimum guarantees for all minerals from sources declared in the ingredient statement as the element in units specified in the AAFCO Cat Food Nutrient Profiles, if no species-specific nutrient profile has been recognized by AAFCO, and provided that:

(a) Mineral guarantees required by Regulation .06 D(1) and (2) of this chapter may be expressed in milligrams (mg) per unit, such as tablets, capsules, granules, or liquids, consistent with those employed in the quantity statement and directions for use; and

(b) A weight equivalent, such as 1 fluid ounce = 28 grams, for liquid products.

E. Representation of Vitamin Supplement. The label of any pet food or specialty pet food, which is formulated as and represented to be a vitamin supplement, shall include:

(1) Minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed in units specified in the nutrient profile; or

(2) Minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in units specified in AAFCO Cat Food Nutrient Profiles when no species-specific nutrient profile has been recognized by AAFCO, and provided that:

(a) Vitamin guarantees required by Regulation .06E(1) and (2) of this chapter may be expressed in approved units, such as IU, mg, or g, per unit, such as tablets, capsules, granules or liquids, consistent with those employed in the quantity statement and directions for use; and

(b) A weight equivalent such, as 1 fluid ounce = 28 grams, for liquid products.

F. Comparison of Nutrient Content. When the label of any pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile, such as a table of comparison, a percentage or any other designation referring to an individual nutrient or all of the nutrient levels, the following apply:

(1) The product shall meet the AAFCO-recognized nutrient profile;

(2) The statement of comparison shall be preceded by a statement that the product meets the AAFCO-recognized profile; however, the statement that the product meets the AAFCO-recognized nutrient profile is not required provided that the nutritional adequacy statement as per Regulation .09B(1) or C(1) of this chapter appears elsewhere on the product label;

(3) The statement of comparison of the nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis; and

(4) The statement of comparison may appear on the label separate and apart from the guaranteed analysis.

G. Moisture Declaration. The maximum moisture declared on a pet food or specialty pet food label shall not exceed 78 percent or the natural moisture content of the ingredients, whichever is higher. However, pet food or specialty pet food such as those consisting principally of stew, gravy, sauce, broth, aspic, juice or a milk replacer, which are so labeled, may contain moisture in excess of 78 percent.

H. Guarantees for Crude Ingredient. Guarantees for crude protein, crude fat and crude fiber are not required if the pet food or specialty pet food is intended for purposes other than to furnish the substances or the substances are of minor significance relative to the primary purpose of the product, such as a mineral or vitamins supplement.

I. Guarantees for Microorganisms. Guarantees for microorganisms and enzymes shall be stated in the following format:

(1) Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/gm) when directions are for using the product in grams, or in colony units per pound (CFU/lb) when directions are for using the product in pounds.

(2) A parenthetical statement following the guarantee shall list each species in order of predominance.

(3) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions.

(4) The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min./mg. If two or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

Cross References

15.18.09.12C(1)(b)(i)

15.18.09.12C(2)(b)(i)

15.18.09.12C(3)(b)

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.07 Ingredients.

A. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of these regulations shall also apply to pet food and specialty pet food.

B. Ingredient Statement Requirement. Each ingredient of a pet food or specialty pet food shall be listed in the ingredient statement as follows:

(1) The names of all ingredients in the ingredient statement shall be shown in letters or type of the same size;

(2) The ingredients shall be listed in descending order by predominance by weight in nonquantitative terms;

(3) The ingredients shall be listed and identified by the name and definition established by AAFCO; and

(4) Any ingredient with no established name and definition shall be identified by the common or usual name of the ingredient.

C. Meat and By-products Ingredients. The ingredients “meat” and “meat by-products” shall be qualified to designate the animal from which the meat or meat by-products are derived unless the meat or meat by-products are derived from cattle, swine, sheep, goats, or any combination of those animals. For example, ingredients derived from horses shall be listed as “horsemeat” or “horsemeat by-products.”

D. Prohibition. Brand or trade names shall not be used in an ingredient statement.

E. Ingredient Attributes. A reference to the quality, nature, form, or other attribute of an ingredient shall be allowed when the reference meets all of the following:

(1) The designation is not false or misleading;

(2) The ingredient imparts a distinctive characteristic to the pet food or specialty pet food because it possesses that attribute; and

(3) A reference to quality or grade of the ingredient does not appear in the ingredient statement.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.08 Pet Food Additives.

A. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of these regulations shall also apply to pet food and specialty pet food.

B. Artificial Color. An artificial color may be used in a pet food or specialty pet food if it has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color listed in CFR, Title 21, as safe for use, together with the conditions, limitations and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets or specialty pets.

C. Safety and Efficiency of Additives. Evidence may be required to prove the safety and efficacy or utility of a pet food or specialty pet food which contains additives or drugs, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food or specialty pet food may be established when the pet food or specialty pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in CFR, Title 21 or which are “prior sanctioned” or “informal review sanctioned” or “Generally Recognized as Safe” for such use.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.09 Nutritional Adequacy.

A. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of these regulations shall also apply to pet food and specialty pet food.

B. Nutritional Claim. The label of a pet food or specialty pet food that is intended for all life stages of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as “complete and balanced”, “perfect”, “scientific”, or “100% nutritious” if at least one of the following apply:

(1) The product meets the nutrient requirements for all life stages established by an AAFCO-recognized nutrient profile;

(2) The product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol or protocols; or

(3) The product is a member of a product family that is nutritionally similar to a lead product containing a combination of ingredients that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for all life stages, provided that;

(a) The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO (AAFCO Official Publication, pp 191, 2016);

(b) The family product meets the criteria for all life stages; and

(c) The Secretary may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy.

C. Limited Purpose Nutritional Claim. The label of a pet food or specialty pet food that is intended for a limited purpose, such as the size of dog, or a specific life stage, but not for all life stages, may include a qualified claim such as “complete and balanced”, “perfect”, “scientific”, or “100% nutritious” if the product and claim meets all of the following:

(1) The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, such as, “complete and balanced for puppies (or kittens),” and the claim and the required qualification shall be juxtaposed on the same label panel and in the same size, style and color print; and

(2) The product meets at least one of the following:

(a) The nutrient requirements for the limited purpose or specific life stage established by an AAFCO-recognized nutrient profile;

(b) The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized feeding protocol or protocols; or

(c) The requirements of a product family which is nutritionally similar to a lead product that contains a combination of ingredients which, when fed for the limited purpose, will satisfy the nutrient requirements for the limited purpose and has had its capabilities in this regard demonstrated by adequate testing, and provided that:

(i) The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO;

(ii) The family product meets the criteria for the limited purpose; and

(iii) The Secretary may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy.

D. Dog and Cat Food Labels. Dog and cat food labels shall include a statement of nutritional adequacy or purpose of the product except when the dog or cat food is clearly and conspicuously identified on the principal display panel as a “snack”, “treat”, or “supplement”. The statement shall consist of one of the following.

(1) A claim that the dog or cat food meets the requirements of one or more of the recognized categories of nutritional adequacy: gestation/lactation, growth, maintenance, and all life stages.

(a) “(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for _________” (Blank is to be completed by using the stage or stages of the pet’s life, such as, gestation/lactation, growth, maintenance or the words “All Life Stages”).

(b) For a dog food, when the blank in Regulation .09D(1)(a)of this chapter includes the words “growth” or “All Life Stages”, one of the following phrases shall also be added verbatim to the end of the claim:

(i) “Including growth of large size dogs (70 lbs. or more as an adult)” if the product has been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs; or

(ii) “Except for growth of large size dogs (70lbs/ or more as an adult)” if the product has not been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs.

(c) “Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for ______” (Blank is to be completed by using the stage or stages of the pet’s life tested, such as, gestation/lactation, growth, maintenance or the words “All Life Stages”).

(d) “(Name of Product) provides complete and balanced nutrition for ______ “ (Blank is to be completed by using the stage or stages of the pet’s life, such as, gestation/lactation, growth, maintenance or the words “All Life Stages”) and is comparable in nutritional adequacy to a product which has been substantiated using AAFCO feeding tests.”

(2) A nutritional or dietary claim for purposes other than those listed in Regulation .09 B or C of this chapter, if the claim is scientifically substantiated.

(3) The statement “This product is intended for intermittent or supplemental feeding only,” if a product does not meet the requirements of this part or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

E. Products Intended for Veterinarians. The label of a product intended for use by a veterinarian or under the direction of a veterinarian shall contain a statement in accordance with Regulation .09D of this chapter.

F. Affidavit for Product. A signed affidavit attesting that the product meets the requirements of Regulation .09B or C of this chapter shall be submitted to the Secretary upon request.

G. Products That Do Not Meet AAFCO Nutrient Requirements. If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO-recognized nutrient profile or if no requirement has been established by an AAFCO recognized nutritional authority for the life stage or stages of the intended species, the claimed nutritional adequacy or purpose of the product shall be scientifically substantiated by the applicant for registration.

H. AAFCO Recognized Nutrient Requirements. The following AAFCO-recognized nutritional authority, nutrient profile, and animal feeding protocol are acceptable as the basis for a claim of nutritional adequacy:

(1) As an AAFCO-recognized nutrient profile or:

(a) For dogs, the AAFCO Dog Food Nutrient Profiles;

(b) For cats, the AAFCO Cat Food Nutrient Profiles;

(c) For specialty pets, the nutrient recommendations approved by the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, provided that this nutrient recommendation is recognized only for the specific specialty pet for which the profile is intended; and

(2) As an AAFCO–recognized animal feeding protocol or protocols, the AAFCO Dog and Cat Food Feeding Protocols (AAFCO Official Publication, pp 176—190, 2016).

Cross References

15.18.09.10A

15.18.09.10C

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.10 Feeding Directions.

A. Dog or Cat Food Snacks or Treats. Dog or cat food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in Regulation .09D(1) of this chapter except those pet foods labeled in accordance with Regulation .09E of this chapter shall list feeding directions on the product label. These directions shall be consistent with the intended use or uses indicated in the nutritional adequacy statement, unless a limited use or more limited life stage designation is declared elsewhere (e.g., “adult formula”). These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum state, “Feed (weight/unit of product) per (weight only) of dog (or cat)”. The frequency of feeding shall also be specified.

B. Products Intended for Veterinarians. When a dog or cat food is intended for use by or under the supervision or direction of a veterinarian, the statement: “Use only as directed by your veterinarian” may be used in lieu of feeding directions.

C. Specialty Pet Food Snacks or Treats. Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in Regulation .09B of this chapter shall list feeding directions on the product label. These feeding directions shall be adequate to meet the nutrient requirements of the intended species of specialty pet as recommended by the AAFCO-recognized nutritional authority. These directions shall be expressed in common terms and shall appear prominently on the label. The frequency of feeding shall also be specified.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.11 Statements of Calorie Content.

A. Dog and Cat Labels. The label of a dog or cat food shall bear a statement of calorie content and meet all of the following:

(1) The statement shall be separate and distinct from the “Guaranteed Analysis” and appear under the heading “Calorie Content”;

(2) The statement shall be measured in terms of metabolizable energy (ME) on an “as fed” basis and shall be expressed as “kilocalories per kilogram” (kcal/kg) of product, and may also be expressed as kilocalories per familiar household measure, (e.g., cans or cups) or unit of product (e.g., treats or pieces);

(3) The calorie content shall be determined by one of the following methods:

(a) By calculation using the “modified Atwater” formula:

ME (kcal/kg) = 10 x [ (3.5 x CP) + (8.5 x CF) + (3.5 x NFE) ]

Where: ME = Metabolizable Energy

CP = % crude protein “as fed”

CF = % crude fat “as fed”

NFE = % nitrogen-free extract (carbohydrate) “as fed”

And the percentages of CP and CF are the average values of these components in the product as determined by sound scientific methods, such as, but not limited to scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product. The NFE is calculated as the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture and ash (determined in the same manner as CP and CF); or

(b) In accordance with a testing procedure established by AAFCO.

(4) An affidavit shall be provided upon request to the Secretary, substantiating that the calorie content was determined by:

(a) Regulation .11A(3)(a) of this chapter in which case the summary data used in the calculation shall accompany the affidavit; or

(b) Regulation .11A(3)(b) of this chapter in which case the summary data used in the determination of calorie content shall accompany the affidavit.

(5) The calorie content statement shall appear as one of the following:

(a) The heading “Calorie Content” on the label or other labeling shall be followed parenthetically by the word “calculated” when the calorie content is determined in accordance with Regulation .11A(3)(a) of this chapter; or

(b) The heading “Calorie Content” on the label or other labeling shall be followed parenthetically by the word “fed” when the caloric content is determined in accordance with Regulation .11A(3)(b) of this chapter.

B. Comparative Claim. Comparative claims shall not be false, misleading or given undue emphasis and shall be based on the same methodology for the products compared.

Cross References

15.18.09.12A(1)(b)(i)

15.18.09.12A(2)(b)(i)

15.18.09.12B(2)(c)

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.12 Descriptive Terms.

A. Calorie Terms.

(1) A dog food product that bears on its label the terms “light”, “lite”, “low calorie”, or words of similar designation shall:

(a) Contain no more than 3,100 kcal ME/kg for products containing less than 20 percent moisture, no more than 2,500 kcal ME/kg for products containing 20 percent or more but less than 65 percent moisture, and no more than 900 kcal ME/kg for products containing 65 percent or more moisture;

(b) Include on the label a calorie content statement:

(i) In accordance with the format provided in Regulation .11 of this chapter; and

(ii) Which states no more than 3,100 kcal ME/KG for products containing less than 20 percent moisture, no more than 2,500 kcal ME/kg for products containing 20 percent or more but less than 65 percent moisture, and no more than 900 kcal ME/kg for products containing 65 percent or more moisture; and

(iii) Include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use.

(2) A cat food product that bears on its label the terms “light,” “lite,” “low calorie,” or words of similar designation shall:

(a) Contain no more than 3,250 kcal ME/kg for products containing less than 20 percent moisture, no more than 2,650 kcal ME/kg for products containing 20 percent or more but less than 65 percent moisture, and no more than 950 kcal ME/kg for products containing 65 percent or more moisture;

(b) Include on the label a calorie content statement:

(i) In accordance with the format provided in Regulation .11 of this chapter;

(ii) Which states no more than 3,250 kcal ME/KG for products containing less than 20 percent moisture, no more than 2,650 kcal ME/kg for products containing 20 percent or more but less than 65 percent moisture, and no more than 950 kcal ME/kg for products containing 65 percent or more moisture; and

(c) Include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use.

B. Less” or “Reduced Calories”.

(1) A dog or cat food product that has on its label a claim of “fewer calories,” “reduced calories,” or words of similar designation, shall comply with requirements of this section.

(2) The dog or cat food product shall have a label that includes the following:

(a) The name of the product of comparison and the percentage of calorie reduction, expressed on an equal weight basis, explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;

(b) The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim;

(c) A calorie content statement in accordance with the format provided in Regulation .11 of this chapter; and

(d) Feeding directions that reflect a reduction in calories compared to feeding directions for the product of comparison; and

(3) A comparison between products in different categories of moisture content (i.e., less than 20 percent, 20 percent or more but less than 65 percent, 65 percent or more) is misleading.

C. Fat Terms.

(1) A dog food product that bears on its label the terms “lean”, “low fat”, or words of similar designation shall:

(a) Contain no more than 9 percent crude fat for products containing less than 20 percent moisture, no more than 7 percent crude fat for products containing 20 percent or more but less than 65 percent moisture, and no more than 4 percent crude fat for products containing 65 percent or more moisture; and

(b) Include on the product label in the guaranteed analysis:

(i) A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Regulation .06B(1)(c) of this chapter; and

(ii) A maximum crude fat guarantee that is no more than 9 percent crude fat for products containing less than 20 percent moisture, no more than 7 percent crude fat for products containing 20 percent or more but less than 65 percent moisture, and no more than 4 percent crude fat for products containing 65 percent or more moisture.

(2) A cat food product that bears on its label the terms “lean,” “low fat,” or words of similar designation shall:

(a) Contain no more than 10 percent crude fat for products containing less than 20 percent moisture, no more than 8 percent crude fat for products containing 20 percent or more but less than 65 percent moisture, and no more than 5 percent crude fat for products containing 65 percent or more moisture;

(b) Include on the product label in the guaranteed analysis:

(i) A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Regulation .06B(1)(c) of this chapter; and

(ii) A maximum crude fat guarantee that is no more than ten percent crude fat for products containing less than 20 percent moisture, no more than 8 percent crude fat for products containing 20 percent or more but less than 65 percent moisture, and no more than 5 percent crude fat for products containing 65 percent or more moisture.

(3) A dog or cat food product that bears on its label a claim of “less fat”, “reduced fat”, or words of similar designation, shall include on the label:

(a) The name of the product of comparison and the percentage of fat reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;

(b) A maximum crude fat guarantee in the guaranteed analysis immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Regulation .06B(1)(c) of this chapter;

(c) The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim.

(4) A comparison between products in different categories of moisture content, for example, less than 20 percent, 20 percent or more but less than 65 percent, 65 percent or more, is misleading.

Cross References

15.18.09.06B(1)(c)

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.13 Raw Milk.

Raw milk may not be registered for use as pet food for any species when it is packaged in containers that resemble containers intended for milk for human consumption, or it is stored at retail with, or in the vicinity of, milk or milk products intended for human consumption.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.14 Manufacturer or Distributor — Name and Address.

The label of a pet food or specialty pet food shall specify the name and address of the manufacturer or distributor. The statement of the place of business should include the street address, city, state and zip code. If a person manufactures or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of the pet food or specialty pet food was manufactured or packaged or from which each package is to be distributed.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland
COMAR 15.18.09.15 Records and Reports.

Any manufacturer or distributor of pet food and specialty pet food shall maintain and furnish upon request by the Secretary or his authorized representative, such records and reports as the Secretary deems necessary to indicate the accuracy of any registration of a pet food or specialty pet food, and any other records and reports required by the commercial feed law.

History

  • Administrative History: Effective date: April 10, 2017 (44:7 Md. R. 357)
  • Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland

15.19.01 General Regulations

COMAR 15.19.01.01 Scope.

These regulations govern any person required to be licensed as a grain buyer in this State.

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.02 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) “Certified public accountant” means any person permitted to engage in the practice of public accounting by the State Board of Accountancy.

(2) “Department” means the Maryland Department of Agriculture.

(3) “Fair market value” means the market value established by a contract or by the Department for a loss of grain at the time of the loss.

(4) “Grain” means corn, wheat, rye, oats, barley, sorghum, soybeans, and sunflowers.

(5) “Grain dealer” means a person who is in the business of buying, receiving, exchanging, or storing grain from a person who grows grain. Grain dealer does not mean a farmer who buys, receives, exchanges, or stores grain for use in the farming business of that farmer.

(6) “Person” means:

(a) An individual or a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association;

(b) Two or more persons having a joint or common interest;

(c) Any other legal or commercial entity.

(7) “Secretary” means Secretary of Agriculture or the Secretary's designee.

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.03 Licensure.

A. A person may not be a grain dealer without first obtaining a grain dealer's license from the Secretary as provided by this chapter.

B. By way of example but not limitation, a licensed grain dealer shall be a person who:

(1) Receives grain, in the course of his business, from a grower under a deferred payment contract. “Deferred payment contract” means a grain sales contract when the grower conveys title to the grain to a person for an agreed price, but payment for the grain is delayed until an agreed later date.

(2) Receives grain, in the course of his business, from a grower under a deferred price contract. “Deferred price contract” includes such contracts as a so-called “price later contract”, “open price contract”, “delayed price contract”, and means a grain sales contract when the title to grain is conveyed to a person from a grower, but when the grower (seller) is allowed to determine the price of grain at a later date either based on a future month's price for grain set by a commodity exchange or by some other mutually agreed method of price determination.

(3) In the course of his business, stores grain for a grower for later use by the grower for:

(a) Feed;

(b) Seed;

(c) A crop cover; or

(d) Resale by the grower.

(4) Is in the business of buying, receiving, exchanging, or storing grain for a person whose grain is grown by an agent, tenant, or employee.

C. Types of Licenses. The type of license an applicant shall obtain and the license fee the applicant shall pay is dependent on the number of bushels he anticipates handling in the year of the application as shown in the chart below:

| Type of License | Bushels of Grain Anticipated to be Handled in the Year of License Application, Rounded to Nearest 1,000 Bushels | Annual License Fee | | --- | --- | --- | | A | 1 to 49,999 | $ 50 | | B | 50,000 to 99,999 | $100 | | C | 100,000 to 499,999 | $200 | | D | 500,000 and above | $300 |

D. The license shall be effective until the following December 31, unless suspended or revoked.

E. If a person who has been issued a license is handling an amount of grain greater than the amount he was licensed to handle he shall:

(1) Immediately notify the Department of this change in status; and

(2) Be issued a new license by the Department after he has done the following:

(a) Correctly revised his application,

(b) Paid additional money toward his license fee so that the sum total of what he paid previously and his new payment equals an amount that meets the requirements of §C of this regulation,

(c) Revised his financial statement to comply with Regulation .06, if necessary, or

(d) Posted additional sums of monies to comply with Regulation .05, if necessary.

Cross References

15.19.01.04B

15.19.01.11A(4)

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.04 Requirements of Licensure.

A license may not be issued or renewed by the Department unless the applicant has:

A. Applied on a form provided by the Department;

B. Paid the fee that is required for the license being obtained as set forth in Regulation .03C of this chapter;

C. Complied with one of the following options:

(1) Posted a surety bond, irrevocable letter of credit, or cash guaranty, as required by Regulation .05 of this chapter, or

(2) Filed a financial statement as required by Regulation .06 of this chapter;

D. Provided proof of insurance coverage as required by Regulation .07 of this chapter; and

E. Provided additional financial information when requested by the Secretary.

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.05 Posting.

A. If the applicant chooses to post a surety bond, letter of credit or

cash guaranty, instead of filing a financial statement, he shall use a form

furnished by the Department and post an amount at least as large as the

following for the different types of licenses:

| Type of License | Minimum Amounts | | --- | --- | | A | $ 15,000 | | B | 35,000 | | C | 100,000 | | D | 100,000 |

B. If the applicant does not file a financial statement, the Department may not issue a:

(1) Type A license if the applicant posts an amount less than $15,000;

(2) Type B license if the applicant posts an amount less than $35,000; and

(3) Type C or D license if the applicant posts an amount less than $100,000.

C. If the applicant chooses the posting option, he shall:

(1) Show the same name for the following matters:

(a) The named applicant, in his grain dealer's license application,

(b) The named principal, if he posts a surety bond, or

(c) The named obligor or guarantor, if he posts either an irrevocable letter of credit or cash guaranty;

(2) Name the Maryland Department of Agriculture as the obligee or as the beneficiary of the surety bond, irrevocable letter of credit or cash guaranty.

Cross References

15.19.01.04C(1)

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.06 Financial Statement.

A. If the applicant chooses to file a financial statement, he shall indicate in the statement a minimum net worth for each type of grain dealer's license as follows:

| Type of License | Minimum Amounts | | --- | --- | | A | 15,000 | | B | 35,000 | | C | 100,000 | | D | 100,000 |

B. If the applicant does not post a surety bond, irrevocable letter of credit or cash guaranty, the Department may not issue a:

(1) Type A license if the financial statement indicates a minimum net worth less than $15,000;

(2) Type B license if the financial statement indicates a minimum net worth less than $35,000; and

(3) Type C or D license if the financial statement indicates a minimum net worth less than $100,000.

C. An applicant for a Type A or B license shall submit a financial statement that:

(1) Is prepared and signed by a person who is not the applicant or a member of the applicant's business or family;

(2) Establishes a net worth for the applicant; and

(3) Is signed by the applicant.

D. An applicant for a Type C or D license shall file a:

(1) Financial statement reviewed by a certified public accountant establishing the net worth of the applicant's business as provided in §A of this regulation; or

(2) Letter from a certified public accountant stating that a review of the applicant's business records shows a net worth as provided in §A of this regulation.

Cross References

15.19.01.04C(2)

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.07 Insurance Requirement for Licensees.

A. A person licensed under this chapter shall insure, and at all times keep insured, in that licensed person's name or as a co-insurer, all of the grain received into the actual physical control or possession of the licensed person.

B. The amount of insurance shall be the fair market value of the grain and shall include coverage against theft, loss or damage by fire, lightning, inherent explosion, water, windstorm, cyclone, tornado, or other act of God.

C. If any loss or damage to grain or to the warehouse or warehouses occurs, whether the loss was insured against, the dealer shall immediately notify the Secretary, and at the grain dealer's own expense, promptly take the steps necessary to collect any monies which may be due as indemnity for the loss or damage.

D. The applicant shall submit one of the following items as proof of insurance:

(1) An insurance policy certified to be true by the insurance company or agency; or

(2) An insurance binder or other evidence of insurance that contains or refers to other papers accompanying these forms that contain the information specified in §§B, C, and E of this regulation, if the policy is:

(a) Not yet available from the insurance company, and

(b) Made available for inspection by the Department within 90 days of the policy's effective date.

E. The Department may not accept as proof of insurance any insurance policy that does not contain a clause requiring the insurer to notify the Secretary at least 45 days in advance of any policy's cancellation or nonrenewal.

F. A person licensed under this chapter may not receive grain into that person's physical control or possession unless insured as required by this regulation.

Cross References

15.19.01.04D

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.08 Posting of License.

Immediately upon receipt, a person shall post the grain dealer license in a conspicuous place at each place of business where grain is received.

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.09 Required Records.

A. Records showing the total amount of grain bought, received, exchanged, or stored in the dealer's grain business shall be kept at each place of business or at one central location within the boundaries of the State. If records are stored at one central location from more than one location, it shall be noted at each location the central location and the date the transfer of records occurred.

B. Records of grain transactions shall be kept for 3 years.

C. Grain records shall be available to the Secretary upon request. If not, the Secretary may take action as provided by Regulation .10 of this chapter.

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.10 Inspection of Records and Premises.

A. Upon request, the Secretary may review grain records of a grain dealer during normal business hours.

B. The Secretary may subpoena the business records of any person believed to be acting as a grain dealer.

C. If a person fails to comply with a subpoena, the Secretary may petition a court of competent jurisdiction to gain compliance.

Cross References

15.19.01.09C

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.11 Disciplinary Action Against Licensee.

A. After a hearing, the Secretary may refuse to issue a license or may suspend or revoke a license for:

(1) Fraudulent or deceptive statements on an application for a license;

(2) Conviction of a violation of any of the provisions of this chapter;

(3) Failure to maintain adequate insurance on all grain received into the physical control or possession of the grain dealer; or

(4) Failure to notify the Secretary and to comply with the requirements of Regulation .03E of this chapter by a person who is handling more grain than allowed by the scope of the license.

B. If a license is suspended or revoked, it shall be returned immediately to the Secretary.

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.12 Civil Penalties.

A. Instead of, or in addition to, suspension or revocation of a license, the Secretary may impose a civil penalty as provided under §D of this regulation on a person who:

(1) Makes fraudulent or deceptive statements on an application for a license;

(2) Submits fraudulent or deceptive financial or insurance documentation;

(3) Fails to maintain adequate insurance on all grain received into the physical control or possession of the grain dealer;

(4) Refuses to make business records available upon request;

(5) Operates as a grain dealer without first obtaining a license; or

(6) Violates any other provisions of this chapter.

B. Classification of Violations for the Purpose of Determining Penalties.

(1) In this regulation, “violation” means a criminal conviction or an administrative finding that a person has committed any of the acts provided under §A of this regulation.

(2) For a violation of an act referenced under §A of this regulation, a civil penalty may be imposed by the Secretary, considering the nature and gravity of each violation, consistent with the following standards:

(a) For the first violation, a penalty of not more than $500;

(b) For the second violation, a penalty of not more than $1,000; and

(c) For the third and any subsequent violation, a penalty of not more than $5,000.

C. Payment of Penalty. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this chapter shall promptly pay the amount of the penalty to the Department within the time specified in the Department's notice to that person, or as otherwise agreed upon by the Department and the person.

D. Appeal. A person may appeal the Secretary's decision to impose a civil penalty as provided in Agriculture Article, §2-405, Annotated Code of Maryland. The person shall be notified by the Department of this right to appeal.

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.13 Criminal Penalties.

A person who violates the provisions of this chapter is guilty of a misdemeanor, and upon conviction by a court of competent jurisdiction is subject to a fine of $10,000.

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland
COMAR 15.19.01.14 Injunction.

An injunction prohibiting a person from engaging in a violation of this subtitle may be sought by the Attorney General.

History

  • Administrative History: Effective date: October 11, 1982 (9:20 Md. R. 1981)
  • Administrative History: Regulation .02B amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .03 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .03C—E adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .04 amended effective April 20, 1987 (14:8 Md. R. 939); October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .05B amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .06 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .05 and .06 repealed and new Regulations .05 and .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .07 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .07D amended effective October 19, 1987 (14:21 Md. R. 2223)
  • Administrative History: Regulation .08 amended effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulations .09 and .10 repealed and new Regulations .09—.12 adopted effective April 20, 1987 (14:8 Md. R. 939)
  • Administrative History: Regulation .11A amended effective September 4, 2000 (27:17 Md. R. 1621)
  • Administrative History: Regulation .12 amended and recodified to Regulations .13 and .14, and new regulation .12 adopted effective September 4, 2000 (27:17 Md. R. 1621)
  • Authority: Agriculture Article, §§13-201—13-216, Annotated Code of Maryland

15.20 SOIL AND WATER CONSERVATION

15.20.01 Agricultural Drainage Projects

COMAR 15.20.01.01 Purpose.

These regulations establish the requirements for the design, construction, operation, and maintenance of agricultural drainage projects that are financed or managed by public drainage associations. To the maximum extent practicable, these regulations assure protection of natural resources and prevent water pollution by non-point source pollutants associated with agricultural drainage projects.

History

  • Administrative History: Effective date: August 1, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland
COMAR 15.20.01.02 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) “Agricultural drainage project” (project) means the construction, reconstruction, repair, straightening, widening, or deepening of any ditch, drain, canal, or other watercourse, natural or man-made, financed or managed by a public drainage association to lower the water level in the soil of adjacent lands for agricultural purposes.

(2) “Association” and “public drainage association” mean an organization established to locate, construct or reconstruct, operate and maintain ditches, drains, and channels to provide agricultural drainage under Article 25, §52, Annotated Code of Maryland.

(3) “Best management practice” (BMP) means a conservation or pollution practice that:

(a) Reduces soil loss associated with farming practices; or

(b) Minimizes movement of sediment, animal wastes, nutrients, or agricultural chemicals into the waters of the State.

(4) “Cooperator's agreement” means a landowner's written agreement with a local soil conservation district to have a soil conservation and water quality plan prepared.

(5) “Department” means the Maryland Department of Agriculture, the Department of the Environment, or the Department of Natural Resources, or any combination of them.

(6) “Maintenance” means the periodic:

(a) Control of woody growth or removal of shrubs and small trees which alter the flow, affect channel stability, or limit access to a channel;

(b) Removal of channel obstructions, debris, and minor sediment deposits so long as the removal does not:

(i) Alter the approved design of the channel; or

(ii) Consist of channel reconstruction or realignment;

(c) Cleaning out or installation of sediment traps;

(d) Routine repair work needed to maintain the project in accordance with the approved design specifications; and

(e) Installation of water control structures and stabilization of soil to prevent erosion.

(7) “Off-sided construction or reconstruction” means a method of constructing channels through riparian or other woodland, characterized by the following:

(a) Construction or reconstruction operations are performed from one side of the channel called the construction side, the other side of the channel being called the off-side;

(b) Blowouts and treefalls are prevented by:

(i) Clearing the off-side bank of trees and other vegetation up to 12 feet from top of bank, and

(ii) Selectively cutting diseased, damaged, and other problematic trees on the off-side that would fall into the channel from beyond the cleared area;

(c) After construction, the off-side berm is allowed to reestablish natural vegetation, while all maintenance to the channel is performed from the construction side.

(8) “Person” means any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind any partnership, association, corporation, or other entity. Person includes the federal government, this State, any county, municipal corporation, or other political subdivision of this State or any of their units.

(9) “Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any waters of this State, including a change in temperature, taste, color, turbidity, or odor of the waters, or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State that will render the waters harmful, or detrimental to:

(a) Public health, safety, or welfare;

(b) Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;

(c) Livestock, wild animals, or birds; or

(d) Fish or other aquatic life.

(10) “Secretary” means the Secretary of Agriculture unless the context indicates otherwise.

(11) “Soil conservation and water quality plan” means a farm plan approved by a local soil conservation district to minimize soil erosion, and to minimize the movement of sediment, animal waste, nutrients, or agricultural chemicals into the waters of the State.

(12) “Stable channel” means a channel where:

(a) The following degradation does not occur:

(i) Significant erosion of the channel banks and bottom,

(ii) Erosion around culverts, bridges, or water control structures along the channel, and

(iii) The formation or enlargement of gullies because of the uncontrolled entry of water flow;

(b) Significant aggregation to the channel occurs only within the designated limits on:

(i) Sediment traps,

(ii) In-stream wetlands designed for this purpose, and

(iii) Channel reaches designed for this purpose.

(13) “Water control structure” means a structure in an Agricultural drainage project that:

(a) Conveys water;

(b) Controls the direction or rate of flow of water; or

(c) Maintains a desired water surface elevation.

(14) “Waters of the State” includes both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage.

History

  • Administrative History: Effective date: August 1, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland
COMAR 15.20.01.03 General Requirements.

A. Required Plans.

(1) For any project constructed or reconstructed before the effective date of this chapter, the following apply:

(a) All associations which operate and maintain a project shall submit to the Secretary for approval:

(i) Within 1 year of the effective date of this chapter, an inspection report for the project detailing the conditions of the association's drainage system, and

(ii) Within 5 years of the effective date of this chapter, an operation and maintenance plan for the project and an implementation schedule of needed corrective maintenance and repairs to the project;

(b) Until such time that an operation and maintenance plan for the project is approved by the Secretary, an association shall perform needed maintenance to the project in an environmentally sound manner;

(c) An association shall operate and maintain a project according to the operation and maintenance plan for the project approved by the Secretary;

(d) If an association intends to perform any project maintenance not addressed in an existing operation and maintenance plan for a project approved by the Secretary, the association shall obtain the written approval of the Secretary, except that an association may make immediate corrective repairs to a project when necessary;

(e) The Secretary shall make the final determination whether any proposed activity on a project is maintenance or reconstruction.

(2) For any project constructed or reconstructed after the effective date of this chapter, the following apply:

(a) Before constructing or reconstructing a project, an association shall have a construction or reconstruction plan and an operation and maintenance plan for the project approved by the Secretary;

(b) An association shall construct or reconstruct, operate and maintain a project according to the construction or reconstruction plan and the operation and maintenance plan for the project approved by the Secretary;

(c) If an association intends to perform any project maintenance not addressed in a existing operation and maintenance plan for the project approved by the Secretary, the association shall obtain the written approval of the Secretary, except that an association may make immediate corrective repairs to a project when necessary;

(d) The Secretary shall make the final determination whether any proposed activity on a project is maintenance or reconstruction.

B. Land Use Requirements.

(1) Before any project's construction or reconstruction plan is approved:

(a) All of the association's taxable cropland acreage in a proposed project shall be under a:

(i) Current, not more than 10 years old, soil conservation and water quality plan; or

(ii) Signed cooperator's agreement.

(b) If any landowner refuses to comply with §B(1)(a), the Secretary may:

(i) Waive the requirement of §B(1)(a) for those uncooperative landowners in a proposed project; and

(ii) Not waive this requirement for more than 20 percent of the association's taxable cropland acreage.

(2) Those BMPs necessary to minimize non-point source water pollution shall be implemented on the cropland acreage within a proposed project.

(3) Soil conservation and water quality plans for farms within a proposed project shall be implemented, if possible, according to a timetable established by the soil conservation and water quality plan.

History

  • Administrative History: Effective date: August 1, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland
COMAR 15.20.01.04 Agricultural Drainage Project Plans.

A. Construction or Reconstruction Plan Requirements. Before constructing or reconstructing a project, an association shall comply with the following:

(1) Submit four copies of the construction or reconstruction plan to the Secretary for approval.

(2) The construction or reconstruction plan shall include:

(a) A transmittal letter to the Secretary, including:

(i) The name of the association;

(ii) The name of the watershed and the drainage area involved; and

(iii) A map indicating north arrow, watershed boundaries, scale, and any other information necessary to locate the project.

(b) The project design specifications, including:

(i) A general description of the project's soil types;

(ii) The layout of the drainage channels;

(iii) The location of existing areas of trees and shrubs along the channel;

(iv) The design and location of water control structures;

(v) The design and location of sediment traps;

(vi) A hydrological analysis if required under Regulation .05B; and

(vii) A wetlands inventory map delineating the project. The association shall use the National Wetlands Inventory Maps available from the Department of Natural Resources. If the scale of the National Wetlands Inventory maps is inappropriate, the association may use maps of another scale, so long as the wetlands classification and mapping is consistent with the National Wetlands Inventory. Any lost wetlands required to be replaced under Regulation .05F and any wetlands, 1/4 acre or larger, created by the project shall be delineated on the wetlands inventory map.

(c) The construction methods, including:

(i) Open channel construction techniques;

(ii) Measures to limit disturbance to the soil;

(iii) Spoil spreading techniques and information concerning the volume of spoil materials and the location of spoil disposal sites; and

(iv) Temporary or permanent soil stabilization techniques for channel banks, berms, and soil disposal sites.

(d) Water quality protection measures including plans for:

(i) Establishing vegetative strips along the channels;

(ii) Installing BMPs along the channels;

(iii) Retaining or reestablishing areas of trees, shrubs, and herbaceous growth along the channel in accordance with Regulation .05E; and

(iv) Replacing wetlands in accordance with Regulation .05F.

(e) A signed statement from the local soil conservation district, stating that the project's farmland will meet the soil conservation and water quality plan requirements in accordance with Regulation .06.

(3) The project's design shall comply with Regulation .05, and the construction or reconstruction of the project shall comply with Regulation .06.

B. Operation and Maintenance Plan Requirements. Before constructing or reconstructing a project, or as required in Regulation .03A(1) for operating and maintaining a project, an association shall comply with the following:

(1) Submit four copies of the operation and maintenance plan to the Secretary for approval.

(2) The operation and maintenance plan shall contain:

(a) A transmittal letter to the Secretary, including:

(i) The name of the association;

(ii) The name of the watershed and the drainage acreage involved; and

(iii) A map indicating north arrow, watershed boundaries, scale, and any other information necessary to locate the property.

(b) The project's maintenance program, including a general description of the project's soil types and provisions to:

(i) Perform routine, recurring maintenance such as mowing, seeding, and clean out;

(ii) Prevent project deterioration;

(iii) Install or replace project components when necessary; and

(iv) Repair damage from normal deterioration, drought, flooding, or vandalism.

(c) Maintenance methods, including:

(i) Open channel maintenance techniques;

(ii) Measures to limit soil disturbance;

(iii) Spoil spreading techniques; and

(iv) Temporary or permanent soil stabilization techniques for the channel banks, berms, and spoil disposal areas.

(d) Water quality protection measures, including plans for:

(i) Establishing and maintaining vegetative strips along a channel;

(ii) Installing BMPs along a channel;

(iii) Installing sediment traps;

(iv) Disposing of spoil; and

(v) Retaining or reestablishing areas of trees, shrubs and herbaceous growth along a channel in accordance with Regulation .05E(4).

(e) An implementation schedule for the project's maintenance program.

(3) The project's maintenance shall comply with Regulation .06, and the project's operation and maintenance program shall comply with Regulation .07.

History

  • Administrative History: Effective date: August 1, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland
COMAR 15.20.01.05 Construction or Reconstruction Design Criteria.

The design of a project shall conform to the following criteria:

A. Channel Design.

(1) An outlet shall be designated for each channel to permit the discharge of water by gravity flow or pumping.

(2) All channels shall be sloped and aligned to produce stable channels.

(3) Water Control Structures.

(a) The channel design shall include necessary water control structures for the efficient functioning of the channels. These structures include:

(i) Water control devices and weirs;

(ii) Flood gates;

(iii) Pumping bays; and

(iv) Other structures affecting the functioning of the channel.

(b) Water control structures shall be designed, where applicable, according to the provisions in Natural Resources Article, §4-501 et seq., Annotated Code of Maryland.

B. Flood Control.

(1) A project shall be designed to minimize upstream and downstream flooding.

(2) An association shall submit an analysis of a project's hydrological impact when downstream flooding exists or may result from a project and populated areas may be affected.

(3) Hydrological analysis shall include hydrological models and hydraulic calculations necessary to determine the changes to a 100-year frequency flood including modifications to:

(a) Water surface elevations;

(b) Water velocities; and

(c) Hydrograph timing.

(4) Formulae, models, and analysis methods for the hydrological analysis shall be subject to approval by the Secretary.

C. Erosion Control.

(1) A project shall be designed to minimize erosion and sediment deposition.

(2) Sediment traps shall be installed in key locations along channel reaches.

(3) Water control structures shall be designed for the entry of concentrated flow of water into a channel without significant deposition or degradation.

(4) A channel shall be designed to minimize overbank wash of channel spoil by:

(a) Diverting surface water around spoil banks;

(b) Protecting channel bank stability by properly placing spoil; or

(c) Sloping the finished surface of the spoil away from a channel.

D. Vegetated Strips.

(1) The following definitions describe the meaning of the terms used in §D:

(a) “Main channel” means the primary water course constructed or maintained by an association that drains water from a subwatershed or watershed area and lateral channels.

(b) “Lateral channel” means any watercourse constructed or maintained by an association that transports water from segments of a subwatershed or watershed to the main channel.

(2) Vegetated strips shall be designed, established, and maintained to stabilize the soil and to minimize the movement of sediment into a channel during operation.

(3) Measurements for a vegetated strip shall be made from the top of a channel bank.

(4) A minimum 10-foot wide vegetated strip shall be established and maintained along each cleared side of a main channel.

(5) A minimum 4-foot wide vegetated strip shall be established and maintained along each cleared side of a lateral channel only if acceptable BMPs submitted to the Secretary for approval are implemented on adjoining cropland. The following apply:

(a) Acceptable BMPs may include:

(i) Minimum tillage;

(ii) Seasonal cover crops;

(iii) Reverse berms;

(iv) Permanent sediment traps in on-farm channels; and

(v) Other methods to achieve a level of water quality protection equivalent to a 10-foot wide vegetated strip.

(b) In the absence of BMPs approved by the Secretary, a minimum 10-foot wide vegetated strip shall be established and maintained along each cleared side of a lateral channel.

(6) Vegetation shall be established and maintained to stabilize the soil on the sides of both channel banks.

E. Water Temperature Controls.

(1) One-sided or off-sided construction or reconstruction of a channel in woodland shall be used if practical.

(2) Both-sided construction of a channel in woodland shall be allowed by the Secretary only when it is the only practical construction method.

(3) Both-sided reconstruction of a channel in woodland shall be allowed by the Secretary when:

(a) It is the only practical reconstruction method; or

(b) Both-sided construction or reconstruction was previously used and both right-of-ways are clear of woody growth.

(4) Areas of trees, shrubs, and herbaceous growth that shade a channel shall be retained, replanted, or allowed to reestablish naturally, unless it can be demonstrated to the Secretary that the:

(a) Presence of trees and shrubs will prevent adequate access to a channel for maintenance; or

(b) Absence of these areas of trees and shrubs will not elevate water temperature to levels that will adversely impact fish or other aquatic life.

F. Wetlands Replacement. An association shall replace drained or filled, non-tidal wetlands as required by this section. The following are included:

(1) Land areas that are required to be replaced by an association under this section are those areas that:

(a) Support a predominance of plants that grow in water or in periodically water saturated soils;

(b) Have remained natural and uncultivated for at least 3 successive years; and

(c) When drained or filled, will cause water pollution by significantly:

(i) Increasing erosion and siltation, or

(ii) Reducing the area's ability to filter water pollutants.

(2) Land areas required to be replaced under this section shall be replaced as follows:

(a) One acre of land with equal soil-water conditions shall be created to replace each acre of drained or filled land when the:

(i) Water table is near the soil surface for extended periods during the frost-free growing season of most years; or

(ii) Soil is water-saturated, or surface water is present for extended periods during the frost-free growing season of most years.

(b) In all other cases, 1 acre of temporarily to permanently flooded land shall be created to replace every 4 acres of drained or filled land.

(3) The Secretary shall consult with the Secretaries of the Departments of Natural Resources and the Environment to determine if an association's construction or reconstruction plan adequately meets the requirement of this section.

History

  • Administrative History: Effective date: August 1, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland
COMAR 15.20.01.06 Construction and Maintenance Criteria.

A. In-stream Excavation. Except with the written permission of the Secretary of the Department of Natural Resources, in-stream excavation or clearing is prohibited between the following dates:

(1) October 1 through April 30 in natural trout waters;

(2) March 1 through May 31 in recreational trout waters; and

(3) March 15 through June 15 in anadromous fish spawning waters.

B. Clearing and Snagging.

(1) Clearing and snagging of a channel may not endanger channel stability.

(2) The areas to be cleared and snagged shall be limited to:

(a) The channel bottom, banks, and berms;

(b) Adjacent trees or other objects that may fall into a channel;

(c) Access roads;

(d) Temporary disposal areas; and

(e) Areas designated by a soil conservation district for planned conservation areas.

C. Revegetation.

(1) On each project, a species of erosion controlling vegetation adapted to the area and a proven method of vegetation establishment shall be used for revegetation.

(2) Provisions shall be taken on a project to reduce soil erosion until effective revegetation can be accomplished.

(3) During the growing season, at a minimum:

(a) Channel banks shall be seeded at the end of each day's excavation; and

(b) Other areas where soil has been disturbed shall be seeded within 7 days of final soil disturbance.

(4) The progress of revegetation shall be monitored by the association and corrective action taken when necessary.

History

  • Administrative History: Effective date: August 1, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland
COMAR 15.20.01.07 Operation and Maintenance Program Criteria.

The operation and maintenance program for a project shall conform to the following:

A. General Maintenance. General maintenance to a channel, maintenance areas, and right-of-ways includes the:

(1) Removal of obstructions, debris, and sediment;

(2) Control of woody growth;

(3) Cleaning out of permanent sediment traps;

(4) Installation of necessary sediment traps;

(5) Installation of necessary water control structures where uncontrolled concentrated flow of water enters a channel;

(6) Stabilization of eroding areas;

(7) Routine repair of damaged structures and channel banks; and

(8) Observation of all other sound operation and maintenance practices.

B. Sediment Traps and Channel Clean Out.

(1) Sediment traps shall be installed where necessary for the efficient operation of a channel.

(2) The design and installation of a sediment trap shall include providing a stable channel bank slope.

(3) The clean out of a channel or sediment trap includes:

(a) Removal of silt bars and sediment;

(b) Restoration of a stable channel bank slope; and

(c) Maintaining the approved channel or sediment trap design.

(4) Channel spoil shall be placed in locations where the spoil does not:

(a) Prevent watershed runoff from entering the natural flood plain;

(b) Interfere with travel ways;

(c) Endanger the stability of a channel;

(d) Fill adjacent wetlands; and

(e) Wash back into a channel.

(5) Disturbed areas shall be stabilized and seeded in accordance with Regulation .06C.

C. Vegetated Strips. Vegetated strips shall be established and maintained on all channels in accordance with Regulation .05D.

D. Water Temperature Control. Areas of trees, shrubs, and herbaceous growth shall be retained or reestablished in accordance with Regulation .05E(4).

History

  • Administrative History: Effective date: August 1, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland
COMAR 15.20.01.08 Agency Approval of a Plan.

A. In this regulation, “plan” means a construction or reconstruction plan, or operation and maintenance plan, or both, as appropriate.

B. Plan Submission.

(1) Within 14 days of receiving a project plan, the Secretary of Agriculture shall forward a copy to the Secretaries of Natural Resources and the Environment.

(2) The Departments of Natural Resources and the Environment shall have 60 calendar days from receipt to review a plan and respond in writing to the Secretary.

(3) The Secretary shall review the comments from the Departments of the Environment and Natural Resources. If there is any significant disagreement among the three Departments concerning the plan, the Secretary shall schedule a meeting between the Departments to resolve any disagreement.

C. Plan Approval. The Secretary shall make the final determination whether to approve a plan. The Secretary shall respond to the association within 30 days from receipt of comments from the Departments of Natural Resources and the Environment and either:

(1) Approve the plan;

(2) Approve the plan with modification;

(3) Approve the plan conditioned upon the formation of the association;

(a) Conditional approval may be issued for plans submitted by the county before an association is legally established,

(b) Final approval shall be given only when the Secretary is furnished a letter from the county government stating that it has approved the plan and established the association,

(c) Any changes in the plan by a county shall be submitted to the Secretary, who shall forward copies to the Secretaries of the Departments of Natural Resources and the Environment for review;

(4) Disapprove the plan; or

(5) Extend the Secretary's review period.

History

  • Administrative History: Effective date: August 1, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland
COMAR 15.20.01.09 Inspection and Enforcement.

A. Channel Inspection by the Association.

(1) The association managers or designee shall inspect the project within 2 weeks following any storm which results in water flow exceeding channel capacity.

(2) An association shall send a written inspection report to the Secretary not later than 90 days following the storm event. The report shall:

(a) Detail the damage to the channels, vegetation, and water control structures; and

(b) Describe needed repairs and corrective maintenance and the projected time when the work shall be accomplished.

(3) The association managers or designee shall inspect the project at least once every 2 years. The following apply:

(a) An association shall send a written inspection report to the Secretary by March 1st of the appropriate year. The report shall:

(i) Outline the last inspection of the project performed not more than 6 months before submission;

(ii) Detail the condition of the channel, vegetation, and structures;

(iii) Describe needed maintenance and the projected time when the work shall be completed; and

(iv) Describe the work completed in the previous 2 years.

(b) An association need not file the biennial written inspection report required in §A(3) if:

(i) Storm damage occurred during the 6 months before March 1st of the appropriate year; and

(ii) An inspection report required in §A(1) was submitted.

(4) An association shall keep records on work performed on a project. These records shall:

(a) Include the items of work, cost, and the date the work was completed; and

(b) Be made available upon request to the Secretary.

B. State Inspection.

(1) The Secretary shall coordinate on-site inspections of a project by the Departments of Agriculture, the Environment, and Natural Resources.

(2) An association shall grant each Department the right of entry to inspect a project to ensure that it complies with an approved construction or reconstruction plan or an approved operation and maintenance plan for the project.

C. Enforcement.

(1) The Secretaries of Agriculture, the Environment, or Natural Resources may pursue any sanction or remedy provided in Agriculture Article, §8-603, Annotated Code of Maryland. Before pursuing any sanction or remedy, however, the Secretaries of the Environment and Natural Resources shall:

(a) Consult with the Secretary of Agriculture; and

(b) Provide the Secretary of Agriculture a reasonable period of time to solve any problem.

(2) The Secretary of a Department may issue a written order for corrective measures to any person who violates this chapter, or who fails to follow any requirement of an approved project plan.

(3) A person ordered to comply with this chapter may request a hearing. The following apply:

(a) The hearing request shall be made in writing to the Secretary who issued the order;

(b) The hearing request shall be made not later than 10 days after the date the order is served;

(c) When different Departments have initiated administrative proceedings arising from the same or related activities, any person subject to more than one order may request a consolidated hearing;

(d) The hearing shall be scheduled within 30 working days from the receipt of the request;

(e) A decision shall be rendered within 30 working days from the hearing date;

(f) The Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, governs the practice and procedure in all hearings and appeals.

(4) Whether an order for corrective measures has been issued or contested, the Secretary of a Department may, at any time, refer an alleged violation of this chapter or of any approved plan requirement directly to the Attorney General for appropriate legal action.

(5) In addition to any other sanction under Agriculture Article, §8-603, Annotated Code of Maryland, any person who constructs, reconstructs, operates, or maintains an agricultural drainage project without approved plans or in violation of approved plan requirements, shall be liable to the State in a civil action for damages in an amount equal to double the costs of that portion of constructing, reconstructing, operating, or maintaining the project that was not done in accordance with the requirements of this chapter.

(6) A civil action under Agriculture Article, §8-603, Annotated Code of Maryland, shall be prosecuted by the Attorney General on behalf of the appropriate Department. Damages recovered shall be deposited in a special fund to be used solely for:

(a) First, correcting the deficiencies in the agricultural drainage project in question; and

(b) Second, supporting the Secretary of Agriculture's program for review and approval of the agricultural drainage projects.

(7) The Secretary of any Department may seek an injunction against any person who does not have or fails to follow an approved plan.

History

  • Administrative History: Effective date: August 1, 1986 (13:14 Md. R. 1635)
  • Administrative History: Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Administrative History: Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186)
  • Authority: Agriculture Article, §§2-103 and 8-603, Annotated Code of Maryland
COMAR 15.20.02 Maryland Conservation Reserve Program [Repealed]

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective July 15, 1988 (15:16 Md. R. 1911); adopted permanently effective November 14, 1988 (15:23 Md. R. 2660)
  • Administrative History: Chapter repealed effective August 2, 2004 (31:15 Md. R. 1186)

15.20.03 Deferral of Mitigation of Nontidal Wetlands on Agricultural Land

COMAR 15.20.03.01 General.

This chapter describes how farm owners or operators may petition the Department of Agriculture for written permission to defer mitigation for nontidal wetlands for agricultural activities under the Nontidal Wetlands Protection Act, Natural Resources Article, Title 8, Subtitle 12, Annotated Code of Maryland.

History

  • Administrative History: Effective date: September 30, 1991 (18:19 Md. R. 2102)
  • Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
COMAR 15.20.03.02 Petition to Defer Mitigation.

Subject to the requirements of this chapter, a farm owner or operator may petition the Department for written permission to defer an applicable nontidal wetland mitigation component of a soil conservation and water quality plan on the grounds that mitigation will create an economic hardship that would jeopardize the continued operation of the farm.

Cross References

15.20.03.03

History

  • Administrative History: Effective date: September 30, 1991 (18:19 Md. R. 2102)
  • Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
COMAR 15.20.03.03 Petition Content.

A farm owner or operator who petitions the Department as provided under Regulation .02 of this chapter shall use a departmental form that contains:

A. The name and address of the farm owner or operator;

B. The farm's location;

C. The farm's total acreage;

D. A description of the farm's operation;

E. The number of nontidal wetland acres requiring mitigation;

F. A copy of proposed mitigation alternatives;

G. The estimated cost or costs of the mitigation proposal or proposals, verified by the local soil conservation district;

H. A statement showing how mitigation will jeopardize the continued operation of the farm;

I. A financial statement:

(1) Showing the owner or operator's complete assets and liabilities for the most current 2 consecutive years, and

(2) Signed by the owner or operator under the penalty of perjury that the information contained in the financial statement is true and correct; and

J. Any additional information supporting the claim of economic hardship, including, for example, information from mortgagees, other lien holds, creditors, attorneys, the Internal Revenue Service, or any other third party interest who is qualified to address the economic condition of the owner or operator.

History

  • Administrative History: Effective date: September 30, 1991 (18:19 Md. R. 2102)
  • Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
COMAR 15.20.03.04 Grounds for Deferral.

The Department shall decide whether an applicant is entitled to a deferral of mitigation of nontidal wetlands by doing the following:

A. Evaluating the applicant's petition and determine the applicant's net worth;

B. Comparing the applicant's net worth with the cost of any proposed mitigation alternatives on the farm; and

C. Determining whether a deferral is justified on the grounds that any required mitigation of nontidal wetlands will create an economic hardship which would jeopardize the viable continued operation of the farm.

History

  • Administrative History: Effective date: September 30, 1991 (18:19 Md. R. 2102)
  • Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
COMAR 15.20.03.05 Department Deferral.

A. If the Department makes a written determination that mitigation will create an economic hardship that would jeopardize the continued operation of a farm, mitigation may be deferred until one or more of the following occur:

(1) The economic hardship no longer exists;

(2) The current owner or operator transfers the farm to a new owner or operator, but if this occurs, the current owner or operator shall remain responsible for any mitigation; or

(3) Agricultural activities no longer take place on the impacted nontidal wetland.

B. If the Department grants a deferral, the owner or operator shall agree to provide the Department immediately with the following information if it would change or affect the economic hardship determination:

(1) Change in the owner or operator's financial status;

(2) Change in ownership or operation of the affected farm;

(3) Change of land use on the affected farm; and

(4) Change of agricultural or nonagricultural activities on the affected farm.

C. By May 30 of each year, the owner or operator shall submit to the Department, on a departmental form, the most current status on the owner or operator's economic hardship. The owner or operator shall use the last filed tax statement, annual or quarterly, to assist in completing the status report requirement.

History

  • Administrative History: Effective date: September 30, 1991 (18:19 Md. R. 2102)
  • Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
COMAR 15.20.03.06 End of Deferral.

A. At the time the Department determines the end of the economic hardship as provided in this chapter, an owner or operator shall implement the mitigation component of the Soil Conservation and Water Quality Plan within 3 years of the loss of the nontidal wetlands, or within 1 year of the end of the economic hardship, whichever is greater.

B. Within 90 days of the end of the Department's determination of economic hardship, an owner or operator shall file the required surety bond with the Department of Natural Resources under COMAR 08.05.04.13.

History

  • Administrative History: Effective date: September 30, 1991 (18:19 Md. R. 2102)
  • Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
COMAR 15.20.03.07 Department Report.

A. The Department shall submit an annual mitigation report to the Department of Natural Resources at the end of each fiscal year.

B. The report in §A of this regulation shall provide the following information on the status of the Department's approval of economic hardship mitigation deferrals for each farm:

(1) Whether the economic hardship still exists;

(2) Whether the owner or operator granted the deferral is the current owner or operator; and

(3) The acreage of nontidal wetland losses for which mitigation has been deferred because of the economic hardship.

C. The Department shall notify the Department of Natural Resources within 30 days of the Department's determination of the end of the economic hardship.

History

  • Administrative History: Effective date: September 30, 1991 (18:19 Md. R. 2102)
  • Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
COMAR 15.20.03.08 Public Information.

The Department shall deny public access to records if access is denied under the Maryland Public Information Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

History

  • Administrative History: Effective date: September 30, 1991 (18:19 Md. R. 2102)
  • Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
COMAR 15.20.03.09 Revoking Approval.

After an opportunity for a hearing, the Department may refuse to issue or revoke its approval granted to any person under this chapter for:

A. Any false or incomplete statements made by any person to the Department for the Department's approval; or

B. A violation of any of the provisions of this chapter.

History

  • Administrative History: Effective date: September 30, 1991 (18:19 Md. R. 2102)
  • Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland

15.20.04 Nutrient Management Certification and Licensing

COMAR 15.20.04.01 Scope.

A. These regulations describe the Department's certification and licensing program for individuals or businesses that prepare and offer farm nutrient management plans.

B. When a nutrient management plan is prepared for a farm it indicates how essential primary nutrients, that is, nitrogen, phosphorus, and potassium, are to be annually managed on farm fields for crop production and for the protection of water quality. Plans contain recommendations to farmers based on expected crop yield, existing nutrient levels in the soil, organic residuals, optimum timing and placement of nutrients, environmental protection, and normal farming practices such as liming, tillage, and crop rotation. The Department shall certify qualified individuals to prepare these plans.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.02 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) “Certified farm operator” means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual:

(a) Owns;

(b) Operates, or

(c) Has a legal interest in.

(2) “Certified nutrient management consultant” or “consultant” means an individual certified by the Department under this subtitle to prepare a nutrient management plan.

(3) “Crop nutrient needs” means the primary nutrient requirements of a crop determined as pounds of N, P2O5, and K2O required for production of a crop yield unit such as a bushel of corn or a ton of alfalfa.

(4) “Department” means the Maryland Department of Agriculture or its designee.

(5) “Fertilizer” means any substance containing a recognized plant nutrient used for its plant nutrient content and designed for use in promoting plant growth.

(6) “Field identification number” means a number used by a farmer/operator to distinguish or pinpoint the location of a field or management unit on a farm.

(7) “Nutrient content” means the percentage of any primary nutrients as N, P2O5, or K2O in any type or source of plant nutrients.

(8) “Nutrient management plan” or “plan” means a plan prepared by a certified nutrient management consultant or certified farm operator to manage the amount, placement, timing, and application of animal waste, fertilizer, sewage sludge, or other plant nutrients in order to prevent pollution and to maintain the productivity of soil when growing agricultural products.

(9) “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(10) “Watershed code” means the code used by the State to identify a hydrologic unit area.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.03 Certification and License Requirement.

A. Unless certified by the Department, an individual may not act as a certified nutrient management consultant or a certified farm operator as provided by this chapter.

B. Unless licensed by the Department, a person may not engage in the business of providing a certified nutrient management plan as provided by this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.04 Certification Application and Examination Requirement.

A. To apply for the examination to be certified as a nutrient management consultant, an applicant shall file the following with the Department at least 15 days before any announced examination:

(1) An application on the form the Department requires;

(2) Proof of meeting one of the following:

(a) A school-authenticated college degree in an agriculturally related area, and 1 year of practical experience acceptable to the Department in nutrient management planning, or

(b) A combination of education and practical experience related to nutrient management planning which is acceptable to the Department; and

(3) Except for a government agency, the applicable certification fee by check or money order.

B. To apply for the farm operator certification, a person shall:

(1) File the required application forms with the Department; and

(2) Pay the applicable fees by check or money order.

C. Unless timely filed and complete, an application may be denied.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.05 Examination.

A. Nutrient Management Consultants.

(1) The Department shall offer a certification examination for nutrient management consultants at least once a year. The Department shall give 30 days public notice of the time and place for each examination.

(2) The Department may provide required training or a list of study materials before any examination is given.

(3) The Department shall allow a candidate who fails a certification examination to take another examination if the candidate:

(a) Makes application to the Department 15 days before the next examination date; and

(b) Pays a certification fee.

B. Farm Operators.

(1) The Department shall offer required certification training and examinations targeted to specific farm operation types for farm operators at least once per year.

(2) The Department shall allow a candidate who fails a certification examination to retake the examination if the candidate files an application with the Department at least 15 days before the date of the next examination.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.06 Certification.

A. The Department shall certify any individual as a nutrient management consultant or certified farm operator who:

(1) Meets the requirements of this chapter;

(2) Meets the Department's educational and experience requirements;

(3) Meets the Department's training requirements; and

(4) Passes a Department-approved examination.

B. The Department may issue a supplemental certification to an individual who prepares a nutrient management plan for an agricultural operation producing a specialty plant, crop, animal, or product, and who meets:

(1) All the requirements of §A of this regulation; and

(2) Additional educational and experience requirements relating to the production specialty, as approved by the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.07 Employment Requirement.

An individual who is certified by the Department shall be licensed or employed by a person licensed under this chapter if engaged in the business of providing nutrient management plans. Individuals who are certified may develop a nutrient management plan for the purposes of complying with Regulation .09 of this chapter for land they own or operate without obtaining a license.

Cross References

27.01.06.03C(2)(a)(ii)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.08 Certification Renewal.

A. A certificate is issued for 1 year and may be renewed for a 3-year term by:

(1) Submitting a renewal application on the form the Department requires;

(2) Except for a government agency or a farmer or operator doing a plan for land they manage, paying a renewal fee to the Department;

(3) Providing proof of satisfactory completion of continuing education, workshops, or other training programs approved by the Department that includes:

(a) At least 6 hours of training within the first year, and 12 hours thereafter within the 3-year term for certified consultants; or

(b) At least 2 hours of training within the first year, and 6 hours thereafter within the 3-year term for certified farm operators;

(4) Complying with all requirements on the preparation of a nutrient management plan; and

(5) Complying with all other requirements of this chapter.

B. An individual who fails to renew the certification may be required to take another certification examination as provided by this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.09 License Application.

An applicant for a license to engage in the business of providing a nutrient management plan as provided by this chapter shall do the following:

A. Submit to the Department an application on the form the Department requires;

B. Pay, except for a government agency, the applicable fee;

C. Have at least one individual who is a certified nutrient management consultant as provided by this chapter working under the license; and

D. Agree to comply with the requirements of this chapter.

Cross References

15.20.04.07

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.10 License Renewal.

A license is issued for 1 year and expires unless the applicant renews the license for a 3-year term and qualifies by:

A. Submitting a renewal application on a form the Department requires;

B. Except for a government agency, paying a renewal fee to the Department;

C. Having a minimum of one individual who is a certified nutrient management consultant as provided by this chapter working under the license; and

D. Complying with the requirements of this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.11 Record-Keeping and Reporting Requirements.

A. License Holder Record-Keeping and Reporting Requirements. A person who holds a license under this chapter shall keep records, and file with the Department by September 30 of each year an annual activity report covering the previous year (July 1 through June 30) that contains the following information:

(1) Name and number of the license holder;

(2) Name of the certified nutrient management consultant or consultants employed between the previous July 1 and June 30;

(3) Number of nutrient management plans completed; and

(4) Acreage covered by the plan and by county and State watershed codes for this acreage.

B. Information Concerning the Phosphorus Management Tool.

(1) As provided in §B(2) and (3) of this regulation, a license holder or a certified consultant who is not operating under a license shall file a report with the Department that includes information relating to nutrient management plans developed for operations which have soils with a phosphorus fertility index value of 150 or above.

(2) The report shall include information that the Department determines necessary to evaluate the implementation of the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2.

(3) The report shall be filed annually on a form developed by the Department not later than September 30th.

(4) The Department shall maintain the information provided in the report in a manner that protects the identity of the person for whom the plan was prepared and that person’s personal information.

C. Information related to soil test phosphorus

(1) As provided in §C(2)—(4) of this regulation, a license holder or a certified consultant who is not operating under a license shall file a report with the Department that includes field or management-unit information relating to phosphorus levels in the soil determined by a soil analysis conducted in accordance with COMAR 15.20.08.05D related to nutrient management plans developed in accordance with COMAR 15.20.07 and 15.20.08.

(2) The report shall include:

(a) Soil test phosphorus levels for each field or management unit in the nutrient management plan and expressed in terms of the Fertility Index Value;

(b) Acreage associated with a specific soil analysis and field or management unit;

(c) The county in which the field or management unit is located; and

(d) Other information that the Department considers necessary to evaluate soil phosphorus data.

(3) The report shall be filed on a form developed by the Department not later than September 30, 2015 and every sixth year thereafter.

(4) The report may not include any information identifying the person or specific operation about whom the report is prepared.

D. List of Reported Operations. Concurrent with the report required under §C of this regulation, a license holder or a certified consultant who is not operating under a license shall file a separate report with the Department that includes the names of the persons, farm names, as applicable, and addresses of those operations for which soil phosphorus data has been provided to the Department.

E. Nutrient Management License Holder Record-Keeping Requirements. A license holder shall keep:

(1) A copy of any nutrient management plan prepared under this chapter;

(2) Records with the following information if the information is not already contained in a plan:

(a) Consultant's name and certification and license number,

(b) Landowner's or operator's name and address,

(c) Location of the land, including county and watershed code,

(d) Total acres of land for nutrient application, including acres of each crop or land cover,

(e) Date of the initial plan and subsequent revisions,

(f) Soil analysis for each field,

(g) Organic waste analysis,

(h) Expected crop yields by field, and basis used for calculations,

(i) Recommended nutrient rates for each field and crop, including application time and methods to be used,

(j) Any adjustment of recommendations due to limitations, which shall be justified and documented, and,

(k) Any other instructions or suggestions resulting in plan modification; and,

(3) Required records for at least 5 years and make them available to the Department upon request.

Cross References

15.20.04.13

15.20.07.06B(1)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.12 Denial, Suspension, or Revocation of Certificate or License.

After the opportunity for a hearing, the Department may deny, suspend, or revoke the certification or license of any person who violates any of the regulatory requirements of this chapter, including:

A. Providing misleading, false, or fraudulent information in applying for a certificate or license;

B. Providing the Department with any misleading, false, or fraudulent report;

C. Offering or preparing a certified nutrient management plan as provided by this chapter without a certificate and license;

D. Offering or preparing a nutrient management plan that does not comply with the requirements of COMAR 15.20.08;

E. Failing to have a minimum of one certified nutrient management consultant working under a license;

F. Failing to promptly provide any report or to allow the Department access to inspect any record required to be kept by this chapter;

G. Failing to meet continuing education requirements.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.13 Administrative Penalty.

In addition to any other penalty authorized under this chapter, a person who holds a license or certificate issued under this chapter that fails to meet any of the reporting requirements and deadlines set forth in Regulation .11 of this chapter is subject to an administrative penalty not exceeding $250.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.04.14 Reinstatement of Certificate or License after Disciplinary Action.

Upon application for a certificate, any person whose certificate is denied, suspended, or revoked may be required to retake the certification examination.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981); emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)
  • Administrative History: Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05A,B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .06 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 694)
  • Administrative History: Regulation .08A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .10A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .11 amended effective June 8, 2015 (42:11 Md. R. 726)
  • Administrative History: Regulation .12D amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .13 recodified to be Regulation .14 and new Regulation .13 adopted effective October 5, 2020 (47:20 Md. R. 876)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland

15.20.05 Manure Transportation Project

COMAR 15.20.05.01 Scope.

A. This chapter describes the Department's voluntary Manure Transportation Project required by the Maryland Water Quality Improvement Act of 1998. The Project is intended to facilitate the transport of poultry manure and livestock manure from farms in all areas of the State that are subject to phosphorus overenrichment.

B. This Project is intended to encourage voluntary participation to remove or redirect at least 20 percent of the poultry manure produced in Dorchester, Somerset, Wicomico, and Worcester counties.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Alternative use” means using poultry manure or other animal manure in environmentally acceptable ways, as determined by the Department, other than by direct land application in an unprocessed form.

(2) “Alternative use operation” means a person or entity that uses or processes poultry or livestock manure in environmentally acceptable ways, as determined by the Department, other than by direct land application in an unprocessed form.

(3) “Commercial poultry producer” means an entity that contracts with a farmer to raise poultry for the producer on property owned or leased by the farmer.

(4) “Cost-share” means a grant from the Department for the purpose of handling and transporting manure from a farm in any area of the State that the Department determines is subject to phosphorus overenrichment.

(5) “Department” means the Maryland Department of Agriculture.

(6) “Eligible cost” means a cost that the Department determines is necessary for the transport and handling of manure.

(7) “Eligible receiving operation” means a person who land-applies manure and:

(a) Receives manure from an eligible sending operation;

(b) Has fields containing soils that are not phosphorus overenriched; and

(c) Has a certified nutrient management plan for the operation that allows manure to be applied as a source of primary nutrients to these fields.

(8) “Eligible sending operation” means a person who:

(a) Either is:

(i) A poultry grower under contract with a commercial poultry producer participating in the Project; or

(ii) A person who raises or manages livestock; and

(b) Has land identified as being phosphorus overenriched or cannot use for crop production all of the generated manure because the person has:

(i) No cropland; or

(ii) An insufficient amount of cropland near the production site to apply the manure according to a nutrient management plan.

(9) “Fast Track Process” means an expedited process by which an eligible person applies for cost-share to transport manure under certain conditions including, but not limited to, the following:

(a) All receiving fields have soil phosphorus FIV less than 101 (or an equivalent value); and

(b) Manure is applied only to certain crops, at certain rates and times, consistent with the Maryland Nutrient Management Manual, Section I-D, or as determined by the Department in consultation with the University of Maryland Extension.

(10) “Fertility index value” or “FIV” means an index used to describe the relative availability of a nutrient to a plant or crop.

(11) “Livestock manure” means manure generated from farm animals other than broiler chickens raised under contract for a commercial poultry producer.

(12) “Manure” means the fecal and urinary excretion of poultry and livestock, including poultry litter and materials used as bedding.

(13) “Manure broker” or “broker” means a person approved by the Department who moves, arranges, or otherwise acts as the intermediary in the movement of manure from an eligible sending operation to:

(a) An eligible receiving operation;

(b) A person who can utilize manure for an alternative use; or

(c) A person outside the Chesapeake Bay watershed pursuant to the Poultry Manure Rail Export Process.

(14) “Nutrient management plan” means a plan prepared by a certified nutrient management consultant or certified farm operator to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients in order to:

(a) Minimize nutrient loss or runoff; and

(b) Maintain the productivity of soil when growing agricultural products.

(15) “Phosphorus overenriched soil” means soil with a phosphorus FIV value of 150 or greater (or an equivalent test result value for phosphorus) and poses a water quality risk as determined by the Department.

(16) "Poultry grower” means a person who:

(a) Is under contract with a commercial poultry producer; and

(b) Generates manure from poultry.

(17) “Poultry manure” means manure generated by a poultry grower under contract with a commercial poultry producer.

(18) “Primary nutrients” means a plant food that is essential for normal plant growth and includes nitrogen (N), available phosphate (P2O5), or soluble potash (K2).

(19) “Producer” means a person who generates manure from animal production.

(20) “Production site” means the portion of the poultry grower’s or livestock producer’s land encompassing the operation’s manure generation and storage facilities.

(21) “Project” means the Manure Transportation Project Program.

(22) “Stackable manure” or “stacked manure” means manure having less than an average of 60 percent moisture and having physical properties to be unloaded and arranged into a stable pile.

(23) “Standard Process” means a process by which an eligible person applies for cost-share to transport manure under certain conditions including, but not limited to, the following:

(a) All receiving fields have soil phosphorus FIV less than 150 (or an equivalent value);

(b) The manure is applied according to a certified nutrient management plan excepting, however, fields having phosphorus FIV range from 101 to 149 (or equivalent values), for which the operator must follow manure recommendations using phosphorus as a limiting factor; and

(c) The applicant submits to the Department the receiving operation’s current certified nutrient management plan so that the Department can verify the manure recommendations and soil phosphorus levels.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.03 Poultry and Livestock Cost-Share Programs.

A. Eligible Persons. The following persons, using the applicable Departmental forms, may apply to receive cost-share funds under the Department’s Poultry and Livestock Cost-Share Programs:

(1) An eligible receiving operation;

(2) A broker who meets the requirements of Regulation .13 of this chapter; and

(3) An alternative use operation that meets the requirements of Regulation .09 of this chapter.

B. Poultry Cost-Share Program. To participate in the Department’s Poultry Cost-Share Program, an eligible person may utilize:

(1) The Department’s Standard Process, as described in Regulation .07, for the transport of poultry manure to an eligible receiving operation;

(2) The Department’s Fast Track Process, as described in Regulation .08, for the transport of poultry manure to an eligible receiving operation;

(3) The Department’s Alternative Use Process, as described in Regulation .09, for the transport of poultry manure to approved alternative uses; or

(4) The Department’s Poultry Manure Rail Export Process, as described in Regulation .10, for the transport of poultry manure to farms outside the Chesapeake Bay watershed.

C. Livestock Cost-Share Program. To participate in the Department’s Livestock Cost-Share Program, an eligible person may utilize:

(1) The Department’s Standard process, as described in Regulation .07, for the transport of livestock manure to an eligible receiving operation;

(2) The Department’s Fast Track process, as described in Regulation .08, for the transport of livestock manure to an eligible receiving operation; or

(3) The Department’s Alternative Use process, as described in Regulation .09, for the transport of livestock manure to approved alternative uses.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.04 Biosecurity and Other Environmental Safeguards.

A. Biosecurity Requirements. A person transporting manure under the Project shall comply with all applicable Departmental biosecurity and animal health requirements, including the following:

(1) For poultry and livestock manure:

(a) A transport vehicle shall contain the livestock or poultry manure within the cargo area or tank without any loss of material during transport on a public road or railway; and

(b) All equipment used to handle or transport manure shall be cleansed, washed, and disinfected before operating this equipment on or near another poultry or livestock operation; and

(2) For poultry manure only, in addition to the requirements referenced in §A(1) of this regulation, a person transporting poultry manure:

(a) Shall ensure that all poultry manure is covered while being moved on a public road, highway, or railway;

(b) Shall ensure that a truck-mounted or a tractor-drawn spreader is covered during the movement of this equipment from one farm to another unless the farms are contiguous; and

(c) May not transport manure containing dead birds that are not completely composted.

B. Delivery Site Requirements. The person receiving the manure, including an eligible receiving operation, a broker, or a person using manure for an alternative use, shall provide a delivery site for the off-loading of the manure that:

(1) Is safe; and

(2) Does not pose any undue environmental risk to water quality as determined by the Department.

C. Manure Handling Upon Receipt. The operator of the eligible receiving operation shall:

(1) Apply liquid manure upon receipt;

(2) Apply stackable manure within 7 days of its receipt; or

(3) Stockpile or store manure in a manner that protects it from rainfall, runoff, and leaching.

D. Storage Requirements. An alternative use operation or a broker may store transported manure in a manner approved by the Department if:

(1) Storage or containment does not result in spillage, leakage, or runoff of manure;

(2) All applicable permits or approvals to operate a facility to store or stockpile manure are secured; and

(3) A bond or security has been obtained, as provided under Regulation .14 of this chapter.

Cross References

15.20.05.09B(2)(c)

15.20.05.10B(2)

15.20.05.13A(3)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.05 Minimum Distance Requirement.

A. A person is not eligible to receive funds for transporting manure under the Project unless:

(1) For poultry manure, the production or storage site is at least 7 miles from the location where the manure may be used in a manner consistent with this chapter; and

(2) For livestock manure, the production or storage site is at least 1 mile from the location where the manure may be used in a manner consistent with this chapter.

B. A producer may receive funds for transporting manure generated in the producer’s own operation if the producer is transporting manure to a location that meets the minimum distance set forth in this regulation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.06 Manure Testing Requirement.

A person may not transport poultry or livestock manure under the Project unless it has been tested within 2 years of the transport date. If the manure has not been tested within this 2-year period, the person may seek financial assistance from the Department to have it tested in accordance with Departmental procedures. If the person is a broker, the person shall provide the testing information to the person receiving the manure.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.07 Standard Cost-Share Process.

A. Applications to Transport Manure.

(1) To receive cost-share funds for transporting manure under the Standard Process, the applicant shall submit a signed, complete, accurate, and legible Departmental application, as follows:

(a) If a broker is submitting the application, the broker shall submit the application directly to the Department for review and approval; and

(b) If an eligible receiving operation is submitting the application, the operation shall submit the application to the local soil conservation district for a preliminary review which, following this review, will forward the application to the Department for final review and approval.

(2) The applicant shall provide the following information on the application:

(a) The applicant’s name, address, telephone number, and email address;

(b) The eligible receiving operation’s name and address (if different than the applicant’s name and address);

(c) For poultry manure:

(i) The name and address of the eligible sending operation; and

(ii) The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry;

(d) For livestock manure, the name and address of the eligible sending operation;

(e) A signed statement by the owner or operator of the receiving operation acknowledging that manure transported under the Standard Process will be applied only to fields that are not phosphorus overenriched in accordance with the certified nutrient management plan, as follows:

(i) For soil testing less than 101 for phosphorus on the fertility index value, a person shall use manure according to a nutrient management plan using nitrogen or phosphorus as a limiting factor; and

(ii) For soil testing 101 to 149 for phosphorus on the fertility index value, a person shall use manure according to a nutrient management plan using phosphorus as a limiting factor; and

(f) Certain information from the current certified nutrient management plan for the eligible receiving operation, including organic recommendations, soil tests, and manure analysis.

B. Prior Approval of Application Required. A person may not transport manure under the Standard Process until the person’s application has been approved by the Department.

C. Determining Eligible Costs. The applicant shall submit transport records to the Department, as specified in the claim for payment forms, for the Department to determine eligible costs.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.08 Fast Track Process.

A. Application to Transport Manure. To receive cost-share funds for transporting manure under the Fast Track Process, the applicant, whether a broker or an eligible receiving operation, shall submit a signed, complete, accurate, and legible Departmental application directly to the Department that includes:

(1) The applicant’s name, address, telephone number, and email address;

(2) The eligible receiving operation’s name and address (if different than the applicant’s name and address);

(3) For poultry manure:

(a) The name and address of the eligible sending operation; and

(b) The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry;

(4) For livestock manure, the name and address of the eligible sending operation;

(5) The date of the eligible receiving operation’s most recent nutrient management plan;

(6) The name and certification number of the consultant who prepared the plan for the eligible receiving operation;

(7) A signed statement by the applicant to comply with the applicable Fast Track Process rules;

(8) A signed statement by the eligible receiving operation, if different than the applicant, to comply with the applicable Fast Track Process rules;

(9) Information pertaining to the fields on which the manure will be applied, including the field’s property account identification number, its acreage, the crop to be raised, and the soil phosphorus data from the operation’s most recent nutrient management plan; and

(10) Copies of soil tests and field maps.

B. Prior Approval of Application Not Required. A person may transport manure under the Fast Track Process before the person’s application has been approved by the Department. The Department, however, may deny the person’s claim for payment if the requirements of this chapter are not met.

C. Eligible Soils. A person may transport manure under the Fast Track Process only to an eligible receiving operation with fields that test less than 101 for phosphorus on the fertility index value (or an equivalent value).

D. Eligible Crops and Manure Application Rates. The operator of the eligible receiving operation may apply manure transported under the Fast Track Process only to specified crops and at rates as determined by the Department after consultation with the University of Maryland Extension.

E. Determining Eligible Costs. The applicant shall submit transport records to the Department, as specified in the claim for payment forms, for the Department to determine eligible costs.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.09 Alternative Use Process.

A. Application to Transport Manure. To receive cost-share funds for transporting manure under the Alternative Use Process, the applicant, whether a broker or an alternatives use operation, shall submit directly to the Department a signed, complete, accurate, and legible Departmental application that includes:

(1) The applicant’s name, address, telephone number, and email address;

(2) For poultry manure:

(a) The farm name of the eligible sending operation and the owner or operator’s name and address; and

(b) The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry;

(3) For livestock manure, the name of the eligible sending operation and the owner or operator’s name and address; and

(4) The name and address of the approved alternative use operation.

B. Participation Requirements for Alternative Use Operations. To participate as an alternative use operation under the Project, the operation shall:

(1) Submit the following information to the Department:

(a) Documentation regarding planned use or treatment of any nutrient-enriched byproducts produced from the processing of manure;

(b) Documentation of proof of compliance and evidence that all applicable permits or approvals to operate a facility have been obtained;

(c) Documentation, if not covered by a permit, regarding efforts to minimize environmental impacts during the manufacturing or processing of products containing manure;

(d) The location of a delivery site for the off-loading of manure that is safe and does not pose any undue environmental risk to water quality as determined by the Department;

(e) The location and manner of storing or stockpiling manure that protects it from rainfall, runoff, and leaching; and

(f) Documentation that a performance bond or other security, as provided under Regulation .14 of this chapter, has been obtained; and

(2) Agree to:

(a) Obtain manure only from an eligible sending operation;

(b) Use manure in an environmentally acceptable way, as determined by the Department, other than by direct land application in an unprocessed form;

(c) Handle and transport manure in accordance with all biosecurity and environmental safeguards as provided under Regulation .04 of this chapter;

(d) Allow a Department representative, during normal business hours, to inspect and to have access to the stockpile, storage area, and place of business where records are kept, to determine compliance; and

(e) Maintain inventory records for at least 3 years from date of payment, showing:

(i) The name and location of the producer, including the property account identification number used by the Maryland Department of Assessments and Taxation to indicate the location of the producer;

(ii) The amount of manure obtained from that producer;

(iii) The amount of manure stored daily and amount of each type of product or byproduct processed or produced daily;

(iv) The amount of commodities or additives blended or processed;

(v) The name of the receiver or receivers of the product or byproduct produced, including address, telephone number, and location; and

(vi) The amount of product or byproduct shipped to each receiver.

C. Cost-share rates are established in Regulation .11 of this chapter, and the payment to an alternative use participant shall be based on:

(1) Transporting manure either:

(a) From an eligible sending operation to an alternative use facility; or

(b) From the alternative use facility to the receiver of the processed product; and

(2) The lesser of the manure tonnage from the sending operation to the alternative use facility, or the tonnage from the alternative use facility to the receiver of the processed product.

Cross References

15.20.05.03A(3)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.10 Poultry Manure Rail Export Process.

A. Application to Transport Manure. To receive cost-share funds for transporting manure under the Poultry Manure Rail Export Process, a person shall submit to the Department a signed, complete, accurate, and legible Departmental application that includes:

(1) The applicant’s name, address, telephone number, and email address;

(2) The name and address of the eligible sending operation;

(3) The name of the commercial poultry producer that contracts with the eligible sending operation to grow poultry;

(4) A signed statement by the applicant to comply with the applicable Poultry Manure Rail Export Process rules;

(5) The location and distance between the railway depots at which the manure will be:

(a) Loaded onto rail cars before being shipped outside the Chesapeake Bay watershed; and

(b) Unloaded from rail cars after being shipped outside the Chesapeake Bay watershed;

(6) A statement that all applicable permits or approvals necessary for shipping the manure by rail have been obtained;

(7) Following shipment by rail outside the Chesapeake Bay watershed, the location or facility at which the manure will be stored before being transported to farms for land application; and

(8) Documentation that a performance bond or other security, as provided under Regulation .14 of this chapter, has been obtained.

B. A person transporting manure under the Poultry Manure Rail Export Process shall:

(1) Obtain manure only from an eligible sending operation;

(2) Handle and transport manure safely to prevent spillage and combustion, and in accordance with all biosecurity and environmental safeguards provided under Regulation .04 of this chapter;

(3) Allow a Department representative, during normal business hours, to inspect and to have access to the place of business where records are kept, to determine compliance;

(4) Obtain a performance bond or other security, as provided under Regulation .14 of this chapter; and

(5) Maintain inventory records for at least 3 years from date of payment, showing:

(a) The name of the sending operation that provided the poultry manure, including address, telephone number, and property account identification number used by the Maryland Department of Assessments and Taxation to indicate the location of the producer;

(b) The amount of poultry manure obtained from that producer; and

(c) The amount of poultry manure shipped under the Poultry Manure Rail Export Process.

C. Cost-share rates are established in Regulation .11 of this chapter, and the payment to a poultry manure export participant shall be based on transporting poultry manure from the railway depot in Maryland to the depot outside the Chesapeake watershed.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.11 Cost-Share Rate.

A. Expenses eligible for State cost-share for an applicant shall be established by the Department based on the following:

(1) Either mileage or distance, or both, of manure transported;

(2) Amount of manure transported;

(3) Mode of transportation;

(4) Cost of analyzing manure before transporting;

(5) Cost of loading manure on transportation equipment;

(6) Cost of hauling manure from a producing or storage area to a receiving area; and

(7) Amount of matching cost-share funds to transport poultry manure provided by a commercial poultry producer for eligible costs, and the State’s share as determined by the Department, which will consider factors including but not limited to the following when establishing the match:

(a) The amount of funds a commercial poultry producer has committed to provide during the fiscal year;

(b) The amount of State funds available for the Project; and

(c) Demand for Project funds.

B. The Department may provide additional cost-share funds for the transport of poultry manure from Dorchester, Somerset, Wicomico, or Worcester counties to eligible fields for land application or for alternative uses.

C. The maximum amount of eligible cost-share for transportation of poultry manure under this chapter is the total of eligible expenses.

D. The maximum amount of cost-share under this chapter for the transport of animal manure other than poultry manure is up to 87.5 percent of eligible expenses.

E. The Department may not provide cost-share for any repeated transportation of the same manure, unless a participant can successfully demonstrate to the Department that the transportation is:

(1) To or from a staging area or centralized collection facility; and

(2) Cost-effective.

F. If a manure broker stockpiles or stores manure, the broker may apply for cost-share funds for transporting the manure. However, the manure broker is eligible only to receive payment for the mileage which represents the most direct transport route from the eligible sending operation to the eligible receiving operation or alternative use facility.

Cross References

15.20.05.09C

15.20.05.10C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.12 Commercial Poultry Producer Participation.

A. The Department shall enter into a written agreement with each commercial poultry producer participating in the Project. The written agreement shall set forth, at a minimum, the following:

(1) The responsibilities of the participating commercial poultry producer;

(2) The responsibilities of the Department;

(3) The amount of financial support for payment of eligible costs that the participating commercial poultry producer shall provide to the Project on an annual basis;

(4) The manner by which the Department shall calculate and collect eligible costs from the participating commercial poultry producer; and

(5) An express commitment by the participating commercial poultry producer that it may not:

(a) Pass on part or all of its Project participation costs to any poultry grower with which it contracts; or

(b) Penalize a poultry grower for participating in the Project.

B. The Department shall maintain the written agreements and all supporting documentation in a centralized location, open to public inspection during regular business hours.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.13 Cost-Share Program — Manure Broker Participation.

A. Poultry Manure. To receive cost-share for transporting poultry manure, a manure broker participating in the Project shall:

(1) Obtain manure only from an eligible sending operation;

(2) Unless storing the manure as provided in §A(3) of this regulation, directly transport the manure only to an eligible receiving operation, an alternative use facility, or a person outside the Chesapeake Bay watershed under the Poultry Manure Rail Export Process;

(3) If unable to transport the manure as provided in §A(2) of this regulation, stockpile or store the manure as provided in Regulation .04 of this chapter in a manner that protects the manure from rainfall, runoff, or leaching;

(4) Maintain for a minimum of 3 years from date of transport inventory records which show:

(a) The name of the eligible sending operation and the amount of manure obtained from that person;

(b) If the manure is land-applied, the name of the eligible receiving operation and the amount of manure transported to that person; and

(c) The amount of manure stored or stockpiled;

(5) Allow the Department to review inventory records during normal business hours;

(6) Obtain all applicable permits or approvals to operate a facility to store or stockpile; and

(7) Obtain a performance bond or other security, as provided under Regulation .14 of this chapter.

B. Livestock Manure. To receive cost-share for transporting livestock manure, a manure broker participating in the Project shall:

(1) Obtain manure only from an eligible sending operation;

(2) Directly transport the manure only to an eligible receiving operation or alternative use facility unless the manure, if stackable, can be stockpiled or stored as provided in Regulation .04 or, if liquid, can be safely contained in a manner that does not pose an environmental threat to water quality;

(3) Maintain for a minimum of 3 years from date of transport inventory records which show:

(a) The name of the sending operation and the amount of manure obtained from that person;

(b) If the manure is land-applied, the name of the receiving operation and the amount of manure transported to that person; and

(c) The amount of manure stored or stockpiled;

(4) Allow the Department to review inventory records during normal business hours; and

(5) Obtain a performance bond or other security, as provided under Regulation .14 of this chapter.

Cross References

15.20.05.03A(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.14 Bond or Security.

A. The broker or alternative use operation shall file with the Department a bond, or other security, on a form satisfactory to the Department. The bond shall be payable to the Department, and the obligation of the bond shall be conditioned upon fulfilling the cost-share agreement and manure stockpiling and storage requirements provided in this chapter.

B. The Department may waive the bonding and security requirements for a participant if the participant:

(1) Stockpiles or stores 500 tons of manure or less; and

(2) Has contingency plans to relocate the manure, which are provided and acceptable to the Department.

C. An acceptable security or bond is limited to:

(1) A bond in a form satisfactory to the Department and underwritten by a surety company authorized to do business in this State;

(2) A bank certified check, bank cashier's check, or bank treasurer's check equal to the required bond amount;

(3) Pledges of securities backed by the full faith and credit of the United States Government, or bonds issued by the State, having a market value equal to the required bond amount; or

(4) An irrevocable letter of credit that is:

(a) In a form satisfactory to the Department;

(b) Issued by a financial institution approved by the State;

(c) Equivalent to the required bond; and

(d) Guaranteed to be available and payable directly to the State on demand, in the event of forfeiture.

D. The bond liability required under this regulation shall terminate 2 years after the:

(1) Participation in the Project ceases;

(2) Stockpiling or storing manure ceases; or

(3) Bond is canceled.

E. The bond amount shall be the estimated cost of remediation if, in the event of forfeiture:

(1) Manure must be removed from the stockpile or storage site;

(2) Manure must be protected from rainfall, runoff, and leaching, until such time that it can be removed from the stockpile or storage site because of failure to stockpile it in a manner approved by the Department; or

(3) The stockpile or storage site must be cleaned up or reclaimed because of failure to stockpile or store the manure in a manner approved by the Department, or as otherwise required under this chapter.

F. The bond amount shall be based on, but not limited to, the quantity of manure stockpiled or stored.

G. The obligation of the broker, an alternative use participant, and any corporate surety under the bond shall become due and payable, and all or any part of any cash or securities shall be applied to payment of the costs of remediation, including, but not limited to, stabilizing, protecting, and removing the manure, and cleaning up or reclaiming the storage site, if the Department has:

(1) Notified the broker or alternative use operation and any corporate surety that the requirements imposed under this chapter for stockpiling or storing manure have not been fulfilled, and specified in the notice the particular deficiencies;

(2) Given the broker or alternative use operation and any corporate surety a reasonable opportunity to correct the deficiencies; and

(3) Determined that, at the end of a reasonable length of time, some or all of the deficiencies specified remain uncorrected.

Cross References

15.20.05.04D(3)

15.20.05.09B(1)(f)

15.20.05.10A(8)

15.20.05.10B(4)

15.20.05.13A(7)

15.20.05.13B(5)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.15 Project — Annual Reporting.

On or before July 1 of each year, the Department shall submit to the General Assembly a report detailing the:

A. Participation levels in the Project;

B. Total amount of manure transported to and from each county in the State; and

C. Amount of funds distributed by the State and each participating commercial poultry producer for the preceding year.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.05.16 Compliance Provisions.

If a person fails to comply with the requirements of this chapter, or any agreement established under this chapter, the Department may:

A. Exclude that person from future participation in the Project; and

B. Hold the person liable for the full amount of funds paid.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174); adopted permanently effective April 5, 1999 (26:7 Md. R. 546)
  • Administrative History: Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520); revised permanently effective October 30, 2000 (27:21 Md. R. 1977)
  • Administrative History: Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356); revised permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Chapter revised as an emergency provision effective March 24, 2004 (31:8 Md. R. 644); revised permanently effective June 21, 2004 (31:12 Md. R. 913)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 15, 2016 (43:3 Md. R. 273)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.10 repealed and new Regulations .01—.16 adopted as an emergency provision effective May 29, 2020 (47:13 Md. R. 639); adopted permanently effective November 2, 2020 (47:22 Md. R. 936)
  • Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
COMAR 15.20.06.01 Scope.

This chapter requires a person who applies nutrients to more than 10 acres of agricultural land, which that person owns or manages, to:

A. Have an applicator voucher from the Department;

B. Be a certified farm operator;

C. Be a certified nutrient management consultant; or

D. Hire a certified nutrient management consultant.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .01 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .01A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .01B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .02B amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 repealed effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.06.02 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) Agricultural Land.

(a) “Agricultural land” means more than 10 acres of land used to produce food, feed, fiber, sod, animals, plants, trees, or plants in containers, or for out-of-ground production.

(b) “Agricultural land” includes smaller, noncontiguous land parcels that total more than 10 acres.

(2) “Applicator” means a person who applies any type of nutrient, as defined by this chapter, to any crop, plant, or land intended to be planted.

(3) “Applicator voucher” means documentation issued by the Department as proof that an individual has completed a required educational program, as defined by this chapter.

(4) “Certified farm operator” means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual:

(a) Owns;

(b) Operates; or

(c) Has a legal interest in.

(5) “Certified nutrient management consultant” or “consultant” means an individual certified by the Department, under COMAR 15.20.04, to prepare a nutrient management plan.

(6) “Commercial fertilizer” or “fertilizer” means a substance containing a recognized plant nutrient used for its plant nutrient content and designed for use, or claimed to have value, in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum.

(7) “Department” means the Maryland Department of Agriculture.

(8) “Educational program” means a training program created or approved by the Department relating to nutrient application.

(9) “Nutrient” means a fertilizer or any substance used to promote plant growth.

(10) “Nutrient application rate” means the quantity of primary nutrients, as total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O), recommended by a certified nutrient management consultant to:

(a) Supply crop or plant nutrient needs; and

(b) Achieve realistic yield goals, as defined by COMAR 15.20.04.

(11) “Nutrient content” means the percentage of any primary nutrient, as total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O), in any type or source of plant nutrients.

(12) “Nutrient management plan” means a plan prepared by a certified nutrient management consultant or a certified farm operator to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients in order to protect water quality and maintain the productivity of soil in accordance with COMAR 15.20.08.

(13) “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(14) “Supervision” means that a nutrient management consultant, a certified farm operator, or a person who holds a voucher is responsible for:

(a) Training and planning employee activities; and

(b) The application of nutrients.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .01 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .01A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .01B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .02B amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 repealed effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.06.03 Application of Nutrients to Agricultural Land.

A. A person who owns or operates agricultural land may not apply any nutrient to more than 10 acres of that land, unless that person:

(1) Holds an applicator voucher from the Department verifying the completion of the Department's educational requirements;

(2) Is a certified farm operator; or

(3) Is a certified nutrient management consultant.

B. A person who satisfactorily completes an approved educational program shall receive an applicator voucher from the Department. At least once every 3 years after obtaining a voucher, each voucher holder shall complete at least 2 hours of a Department-approved educational program in nutrient application or management.

C. The Department shall renew an applicator voucher for an individual who satisfactorily completes the educational requirements of this chapter.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .01 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .01A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .01B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .02B amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 repealed effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.06.04 For-Hire Application of Nutrients to Agricultural Land.

A person who for-hire applies nutrients to agricultural land shall:

A. Be a certified nutrient management consultant or work under the supervision of a consultant;

B. Make available, upon request of the landowner or operator, documentation in the form of a certificate, work order, or other similar document, that the applicator is:

(1) A certified nutrient management consultant, or

(2) Working under the supervision of a certified nutrient management consultant;

C. On or after December 31, 2002, apply nutrients according to a nutrient management plan or have verification by the landowner or operator that the nutrient application complies with a nutrient management plan; and

D. On or after December 31, 2002, apply nutrients according to the University of Maryland Cooperative Extension recommendation rates when a nutrient management plan is not required.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .01 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .01A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .01B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .02B amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 repealed effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.06.05 Record-Keeping and Reporting Requirements.

A person who for-hire applies nutrients to agricultural land shall:

A. Keep records when applying nutrients, to document that the applicator is:

(1) Certified by the Department as a nutrient management consultant;

(2) Certified as a nutrient management consultant by an entity with a reciprocal certification program with the Department; or

(3) Supervised by a person complying with requirements in §A(1)(a) or (b) of this regulation.

B. Make and keep for at least 3 years a record in a form approved by the Department that includes:

(1) The type and amount of nutrients applied to the plants or to the land;

(2) The crop acreage receiving a nutrient application;

(3) The location of the nutrient application;

(4) The timing of the application or applications; and

(5) An analysis of the nutrient content of any fertilizer applied to the plants, the land, or the crop acreage.

C. Make available for inspection, at the Department's request, the records required by §A(1) and (2) of this regulation.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .01 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .01A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .01B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .02B amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 repealed effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.06.06 Denial, Suspension, or Revocation of Certificate or Voucher.

A. The Department may deny, suspend, or revoke the certification or applicator voucher of a person who violates any requirement of this chapter, including:

(1) Providing misleading, false, or fraudulent information;

(2) Failing to meet the educational or continuing education requirements of this chapter; or

(3) Failing to apply, or to supervise the application of, nutrients as required by this chapter.

B. A person whose certification or application voucher is denied, suspended, or revoked shall be given an opportunity for a hearing by the Secretary before any denial, suspension, or revocation.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .01 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .01A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .01B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .02B amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692); October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05 amended effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulation .05B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 repealed effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland

15.20.07 Agricultural Operation Nutrient Management Plan Requirements

COMAR 15.20.07.01 Scope.

This chapter applies to a farm or agricultural operator and requires the operator to develop and implement nitrogen-based and phosphorus-based nutrient management plans for a farm or agricultural operation by certain deadlines.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877); August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05D amended effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)
  • Authority: Agriculture Article, §§8-801—8-806, and 8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.07.02 Incorporation by Reference.

The performance and technical standards provided in this subtitle are found in the Department of Agriculture's Maryland Nutrient Management Manual (November 1999), Supplement No. 1 (September 2000), Supplement No. 2 (November 2001), Supplement No. 3 (September 2004), Supplement No. 4 (November 2005), Supplement No. 5 (November 2006), Supplement No. 6 (May 2009), Supplement No. 7 (May 2012), Supplement No. 8 (August 2016), Supplement No. 9 (June 2022), and Supplement No. 10 (July 2024), which are incorporated by reference.

Cross References

15.20.10.09A(2)(c)

15.20.10.09B(3)

15.20.10.10B(2)

15.20.10.10I

15.20.10.11A(2)

15.20.10.11B(1)

15.20.10.11B(2)

15.20.10.12

15.20.10.16B(2)

15.20.10.16C(4)

15.20.10.16D(1)

15.20.10.16D(2)

26.04.06.09C(1)(c)

26.04.06.37D(12)

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877); August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05D amended effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)
  • Authority: Agriculture Article, §§8-801—8-806, and 8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.07.03 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) “Agricultural operation” means a business or activity that:

(a) Tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, container, or other culture; and

(b) Has a gross annual income of $2,500 or more, or has eight or more animal units.

(2) “Animal unit” means the unit of measure equivalent to 1,000 pounds of live animal weight.

(3) “Annual implementation report” means the end of cropping season report that an operator, using a Department-created form, must file with the Department by March 1 of each year, providing certain information about the agricultural operation for the previous calendar year.

(4) “Biosolids” means any thickened liquid, suspended or settled solid, or dried residue extracted from sewage at a sewage treatment plant, including domestic sewage, that:

(a) Contains recognized plant nutrients, or liquid byproducts, that meet federal and State regulations for beneficial use by land application or other methods; and

(b) Is regulated as sewage sludge pursuant to the Environment Article, §9-201 et seq., Annotated Code of Maryland.

(5) “Certified farm operator” means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual:

(a) Owns;

(b) Operates; or

(c) Has a legal interest in.

(6) “Certified nutrient management consultant” or “consultant” means an individual certified by the Department under this subtitle to prepare a nutrient management plan.

(7) Chemical Fertilizer.

(a) “Chemical fertilizer” means a manufactured or blended nutrient source, usually in granular or liquid form, containing a guaranteed analysis of primary nutrients.

(b) “Chemical fertilizer does not include a product blended from all natural organic fertilizer sources.

(8) “Department” means the Maryland Department of Agriculture or its designee.

(9) “Expected crop yield” means a realistic crop yield for the agricultural operation determined by using yield records or soil productivity information.

(10) “Fertilizer” means a substance containing any recognized primary plant nutrient used for its plant nutrient content and designed for use in promoting plant growth.

(11) “Manure management” means operations and conditions specific to an agricultural operation that has animals, or uses animal manure or waste nutrients from animal production. The purpose of manure management in nutrient management planning is to improve efficiency and effectiveness of nutrient utilization and to minimize the potential for nutrient loss from the management of animals or their manure and associated waste nutrients. Guidelines for manure management are described in the Maryland Nutrient Management Manual, Section III-C.

(12) “No-land operation” means an agricultural operation that has no land available to spread nutrients for the production of agricultural crops. These operations may include:

(a) Concentrated Animal Feeding Operations as defined by Environment Article, Title 9, Subtitle 3, Part IV, Annotated Code of Maryland, and regulations adopted thereunder;

(b) Maryland Animal Feeding Operations as defined by Environment Article, Title 9, Subtitle 3, Part IV, Annotated Code of Maryland, and regulations adopted thereunder; and

(c) Any other livestock operation that has at least eight animal units defined as 1,000 pounds of live animal weight per animal unit or $2,500 gross annual income.

(13) “Nutrient management plan” means a plan prepared by a certified nutrient management consultant or certified farm operator for an agricultural operation, including no-land operations and pasture-only operations, to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients in order to:

(a) Minimize nutrient loss or runoff; and

(b) Maintain the productivity of soil when growing agricultural products.

(14) “Operator” means a person who manages or owns an agricultural operation.

(15) “Pasture-only operation” means an agricultural operation that has livestock on pasture and does not collect or spread chemical fertilizer or any organic nutrients. These operations include any livestock operation that has at least eight animal units defined as 1,000 pounds of live animal weight per animal unit or $2,500 gross annual income.

(16) “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(17) “Plant production goal” means a statement of the estimated length of time that plants will be grown, and some appropriate measure of expected plant size, such as height or diameter.

(18) “Primary nutrients” means a plant food that is essential for normal plant growth and includes total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O).

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877); August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05D amended effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)
  • Authority: Agriculture Article, §§8-801—8-806, and 8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.07.04 Nutrient Management Plan—Plan Development and Implementation Deadlines.

A. An operator shall develop and implement a nutrient management plan for the operator's agricultural operation, according to the following deadlines:

(1) An operator who uses chemical fertilizer in an agricultural operation shall:

(a) Develop a nutrient management plan addressing both nitrogen and phosphorus as the limiting nutrients on that agricultural operation by December 31, 2001, and

(b) Implement the plan by December 31, 2002;

(2) An operator who uses biosolids or animal manure in an agricultural operation shall:

(a) Develop a nutrient management plan addressing nitrogen as the limiting nutrient on that agricultural operation by December 31, 2001, and

(b) Implement the plan by December 31, 2002;

(3) An operator who uses biosolids or animal manure in an agricultural operation shall:

(a) Develop a nutrient management plan addressing both nitrogen and phosphorus as the limiting nutrients on that agricultural operation by July 1, 2004, and

(b) Implement the plan by July 1, 2005; and

(4) An operator who uses a combination of chemical fertilizer, biosolids, and animal manure in an agricultural operation shall comply with the deadlines in §A(2) and (3) of this regulation if that operator uses biosolids or animal manure on a minimum of 10 acres, or 50 percent of an agricultural operation, whichever is less. Phosphorus application rates under this subsection shall follow Cooperative Extension recommendation rates on individual fields where chemical fertilizer is the only nutrient source.

B. An operator who cannot obtain the services of a certified nutrient management consultant to develop a nutrient management plan to meet the deadlines required in §A of this regulation shall be in compliance if:

(1) The operator provides to the Department proof that:

(a) A good faith effort was made to obtain the services of a certified nutrient management consultant at least 60 days before the applicable deadline, and

(b) Circumstances beyond the reasonable control of the operator prevented the plan from being completed by the deadline; and

(2) The operator provides on a Department form a signed statement from a certified nutrient management consultant indicating:

(a) The date and time the consultant was contacted by the operator to request plan development,

(b) That the consultant was unavailable, and

(c) A reasonable time frame needed for the development of a plan.

C. An operator who meets the conditions in §B of this regulation, but who does not complete plan development within 1 year of the deadlines set forth in §A of this regulation, is in violation of §A requirements for plan development and implementation, unless the Department determines noncompliance to be attributed to circumstances beyond the control of that operator.

D. Upon application to the Department on a Department form, an operator may request an exemption from the requirements of this chapter for certain activities, including research, education, and demonstration, if the operator:

(1) Documents the proposed activity and provides this information to the Department prior to its implementation;

(2) Ensures that impacts on water quality are minimized; and

(3) Receives written notice of approval for the activity from the Department prior to the start of the activity.

E. In determining whether a particular application for exemption will be approved, the Department shall consider the following factors:

(1) Whether the activity is temporary and its time frame defined;

(2) Whether a research activity is managed, sponsored, or affiliated with an accredited educational institution or research facility;

(3) Whether the activity's objectives help to advance knowledge about the management of nutrients; and

(4) The area and location of the activity in relation to the operation's overall size and potential impacts on adjacent properties, water quality, and natural resources.

F. If an operator is subject to this chapter only because the operator earns $2,500 or more from the occasional sale of agricultural products as a result of participating in a 4-H or other agricultural youth organization project, the operator is exempt if:

(1) Verification of active participation in the 4-H or agricultural youth organization activity is made available upon request to the Department; and

(2) The activity is conducted so the potential for nutrient loss or runoff is minimized.

G. A nutrient management plan required by this chapter shall include:

(1) All agricultural practices that relate to nutrient use, including, but not limited to, tillage, cropping, pasturage, or production of any agricultural product; and

(2) Identification, management, and disposition of all primary nutrients produced on, or imported to, the agricultural operation, including land application, off-site transportation, composting, or processing.

Cross References

15.01.05.03F

15.20.07.05A

15.20.07.07E

15.20.07.07H

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877); August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05D amended effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)
  • Authority: Agriculture Article, §§8-801—8-806, and 8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.07.05 Nutrient Management Plan Implementation Requirements.

A. An operator who uses chemical fertilizer, animal manure, or biosolids, as provided in Regulation .04A of this chapter, shall have a nutrient management plan that shall:

(1) Be prepared by a certified nutrient management consultant or by the farm operator, if certified in accordance with this subtitle;

(2) Be prepared according to the schedule set forth in Regulation .04A or B of this chapter by using the limiting nutrient determination described in COMAR 15.20.08.05E; and

(3) Address the following existing factors:

(a) All aspects of the agricultural operation, including tillage, cropping, pasture, or production of an agricultural product, such as plants, trees, sod, food, feed, animals, and fiber;

(b) Identification, management, and disposition of all primary nutrients produced on, imported to, and exported from the agricultural operation;

(c) Manure management conditions that protect water quality and improve manure utilization, and:

(i) Encompass all land where animals are kept and all land used for manure storage, treatment, or utilization that is under the control of the agricultural operator,

(ii) Contain or manage manure to minimize the potential for nutrient loss or runoff before export to other agricultural operations or receiving facilities when agricultural operators have insufficient land to utilize manure and waste nutrients associated with animal production, and

(iii) Minimize the potential for nutrient loss or runoff prior, during, and after application when an agricultural operator imports animal manure or waste nutrients associated with animal production for nutrient application on the operator's land.

B. A nutrient management plan shall contain recommendations for an agricultural operation, as provided in COMAR 15.20.08.05B—I, for the management of fertilizer inputs and other nutrient sources. A recommendation shall be based on the best information available at the time a plan is prepared, as determined by the Department on a case-by-case basis. When implementing a plan, the operator may not exceed recommended nutrient application rates. The operator shall follow all other recommendations in the plan.

C. Plan Adjustments.

(1) An operator may adjust the nutrient management recommendation in a plan for any of the following reasons:

(a) Occurrence of a condition beyond the control of the operator, including a natural disaster, unanticipated weather condition, animal mortality, or disease; or

(b) Occurrence of unanticipated conditions, such as market changes or economic factors that may cause modification of the agricultural operation, or other limitations, such as equipment calibration limits, or limits on the availability of commercial fertilizer blends to reasonably meet nutrient management recommendations.

(2) Any adjustment shall be:

(a) Consistent with plan criteria; and

(b) Documented under Regulation .06B of this chapter.

(3) An adjustment by the operator shall require that a revision to a nutrient management plan be made and documented when the adjustment is necessary because either new land or planting area, or animals, are not addressed in the current nutrient management plan and they exceed the thresholds described in §D of this regulation.

D. Plan Maintenance, Updates, and Revisions.

(1) Except as provided in §D(2) and (3) of this regulation, at least once every 3 years from the date that the current plan was prepared, the operator shall revise and update the plan.

(2) An operator who uses only commercial fertilizer may use the current plan beyond the 3 years if all of the following conditions apply:

(a) The operator complies with the soil testing requirements set forth in COMAR 15.20.08.05D, including any changes to plan requirements under this chapter;

(b) The soil test analysis verifies that the phosphorus fertility index value (FIV) is 100 or less; and

(c) There have been no significant changes to the operation, including the crop rotation, management and tillage systems, and crop yield goals.

(3) An operator who has a no-land operation or pasture-only operation shall, at least once every 5 years from the date the current plan was prepared, revise and update the plan.

(4) Changes in an agricultural operation may require the operator to modify or update a plan when the information in the plan is inadequate, incomplete, or fails to address a change. These changes include a change:

(a) To the planned crop or cropping rotation, or introduction of a new crop when it is not currently addressed in an existing nutrient management plan, unless the new crop will have fertility management similar to that crop originally planned;

(b) Of nutrient source or soil test results that indicate a change in nutrient recommendations;

(c) Of 10 percent or greater in acreage managed, or 30 acres, whichever is less; or

(d) In the average annual number of animal units of 10 percent or greater, when the resultant manure production will require significant management adjustments.

(5) An operator shall maintain a plan to meet plan objectives, including implementation of best management practices, strategies, or a phased-in approach identified in the plan to achieve soil fertility within optimal ranges.

Cross References

15.20.07.06B(4)(j)

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877); August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05D amended effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)
  • Authority: Agriculture Article, §§8-801—8-806, and 8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.07.06 Record-Keeping and Reporting Requirements.

A. Operator Reporting Requirements — Plan Development.

(1) An operator shall submit to the Department a summary of the nutrient management plan for the agricultural operation in a form that the Department requires when it is first developed to meet requirements of this chapter, according to the deadlines provided by Regulation .04A and B of this chapter.

(2) A nutrient management plan submitted to the Department by an operator for the first time shall include:

(a) A statement agreeing to cooperate with the Department to establish a reasonable time to evaluate compliance with the plan, by reviewing records and visiting the farm site or sites, as provided in §B(2) of this regulation;

(b) Descriptive information of the agricultural operation provided on a Department form, including the owner or operator, location of the operation, type of agricultural operation, and name of the individual preparing the plan;

(c) A summary section of the plan indicating all nutrient recommendations during the plan period, as provided by COMAR 15.20.08.04F;

(d) Soil analysis information; and

(e) A clearly recognizable map or aerial photograph identifying location and boundaries of the agricultural operation, individual field boundaries or management units, and acreage.

(3) Following the first submission of required nutrient management plan information to the Department, all operators subject to this chapter shall file by March 1 of each year an annual implementation report. The report shall be submitted on a form that the Department requires, and shall include, but not be limited to:

(a) A summary of basic information identifying the operator and characterizing the farm operation to include any changes in information on the agricultural operation that was provided in the reporting form for the first submitted plan;

(b) Total acreage managed under a nutrient management plan by crop and total nutrients applied by crop;

(c) If the operator, in conjunction with the agricultural operation, uses or produces animal manure, the following information:

(i) The amount of animal manure imported to or exported from the operator’s farm;

(ii) For any animal manure that was imported, including manure received through a manure broker, the name and location of the sending farm; and

(iii) For any animal manure that was exported, the name and location of the farm, alternative use facility, or manure broker that received the manure; and

(d) A statement verifying that:

(i) The information provided is true and accurate; and

(ii) A valid nutrient management plan will be followed during the current cropping season and upcoming cropping year.

(4) The Department shall keep, and shall protect the confidentiality of, all nutrient management plan information submitted, so as to protect the identity of the person for whom the plan was developed.

B. Operator Record-Keeping Requirements — Plan Implementation.

(1) The Department may periodically review records of an agricultural operator solely to determine if a nutrient management plan is implemented in accordance with the provisions of this chapter. The Department shall prioritize its enforcement efforts against those operations for which the Department has not received soil test phosphorus levels as required by COMAR 15.20.04.11.

(2) When reviewing an operator's records, the Department shall:

(a) Arrange a meeting with the operator at a reasonable time and location, that allows the property owner or operator to be present, with a minimum of 48 hours prior notice; and

(b) Conduct the evaluation in a manner that minimizes any inconvenience to the operator.

(3) A person operating a farm who fails to cooperate with the Department's request to conduct a site visit or review a nutrient management plan and records relating to the plan is subject to the penalties provided in Regulation .07 of this chapter.

(4) Except as provided in this section, an operator subject to this chapter shall retain for 3 years the following records:

(a) Any nutrient management plan prepared for an agricultural operation, as required under this chapter;

(b) Soil analysis results for an agricultural operation;

(c) For agricultural crops produced or harvested annually, specific field or management unit yield information for the last 5 years which may include estimates based on volume or weight;

(d) For agricultural products that are not produced or harvested annually, or whose production is not managed based on an annual yield goal, such as nursery plants, information documenting nutrient use to meet specific production goals for three production cycles, or 3 years, whichever is less;

(e) For out-of-ground or container production, a description of production cycles and methods for all plants grown, including the following:

(i) The length of the production cycle and primary nutrients applied in each growing cycle,

(ii) A description of substrates used, and

(iii) An analysis of organic materials used as a source of nutrients in the substrate;

(f) Receipts related to the purchase of nutrients;

(g) Documentation of the timing, rate, quantity, type or types, and analysis of nutrients used with reference to field location and number, or management unit, consistent with the production plan, site map, or aerial photograph provided in the nutrient management plan identifying that agricultural land;

(h) Manure analysis results when animal manure is used as a nutrient source, and information about the manure management system, if animals are part of the production unit or if animal manure is used as a nutrient source, but animals are not produced on the operation;

(i) Monitoring information on runoff testing, including test results, as required for out-of-ground agricultural operations by COMAR 15.20.08.07D; and

(j) Documentation justifying any changes made to the nutrient management plan, as provided under Regulation .05C of this chapter.

(5) An operator shall keep the records required by §B(4)(a)—(h) of this regulation in a manner acceptable to the Department and shall make them available to the Department, upon request.

Cross References

15.20.07.05C(2)(b)

15.20.07.08A

15.20.07.08C

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877); August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05D amended effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)
  • Authority: Agriculture Article, §§8-801—8-806, and 8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.07.07 Administrative Penalty for Failure to Have, Implement, or Comply with a Nutrient Management Plan.

A. An operator who does not have a nutrient management plan that meets the requirements of this chapter is subject to a written warning for a first violation. If an operator fails to obtain a nutrient management plan after a reasonable period of time following receipt of this notice, the operator is subject to an administrative penalty of not less than $100 and not more than $250 for this violation and any subsequent violation for failing to obtain the requisite nutrient management plan.

B. An operator who fails to implement or otherwise comply with a nutrient management plan that meets the requirements of this chapter is subject to a written warning for a first violation. If, following a reasonable period of time from receipt of this notice, an operator fails to implement or otherwise comply with a plan that meets the requirements of this chapter, the operator is subject to an administrative penalty for a second or subsequent violation of not more than $500 for each violation, but not exceeding $5,000 per operator per calendar year.

C. If the violation involved the knowing application of phosphorus to a field or management unit where, because of the field or management unit’s soil characteristics, Department regulations prohibit the application of phosphorous, the administrative penalty imposed on an operator under §B of this regulation may not be less than $250.

D. The Department shall consider the following when assessing a civil penalty under §B of this regulation:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator, but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) Any actual harm to human health or to the environment or the natural resources of this State;

(3) The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; and

(4) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

E. Each day that a violation of this chapter occurs, except for failing to meet a deadline for having a plan, as provided in Regulation .04A of this chapter, a separate violation under this chapter has occurred. Daily penalties do not continue to accrue as long as the operator takes reasonable steps to correct the violation. The maximum penalty accrued may not exceed $5,000 per operator per year for each nutrient management plan.

F. Unless a stay has been granted, an operator against whom a civil penalty has been imposed under this regulation shall promptly pay the penalty to the Department.

G. If an operator violates any provision of this chapter, the Department may require repayment of Agricultural Water Quality Cost Share funds already disbursed to the operator for a project that an operator is required to maintain, and may deny or restrict future cost share payments to the operator under COMAR 15.01.05.

H. If an operator fails to comply with the provisions of Regulation .04A of this chapter following the third citation by the Department, the violation shall be referred to the Maryland Department of the Environment for further action under COMAR 26.08.02.04.

I. An operator may appeal the Department's decision to impose a penalty under Agriculture Article, §2-405, Annotated Code of Maryland.

Cross References

15.20.07.06B(3)

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877); August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05D amended effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)
  • Authority: Agriculture Article, §§8-801—8-806, and 8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.07.08 Administrative Penalties for Failure to File Annual Implementation Report.

A. If a person fails to file an annual implementation report with the Department in a timely manner as provided under Regulation .06A(3) of this chapter, the Department shall notify the person that:

(1) The person is in violation of the requirement to file an annual implementation report; and

(2) The person is subject to:

(a) After 30 days from issuance of the notice, an administrative penalty of not less than $100 and not more than $250 if the person fails to submit the report within 60 days from its issuance;

(b) After 60 days from issuance of the notice, an enhanced administrative penalty of not less than $250 and not more than $1000 if the person fails to submit the report within 90 days from its issuance; and

(c) After 90 days from issuance of the notice, a further enhanced administrative penalty of not less than $1000 if the person fails to submit the report within 91 days from its issuance.

B. A penalty imposed on a person under §A of this regulation shall be assessed with consideration given to:

(1) The willfulness of the violation; and

(2) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

C. Neither the issuance of an administrative penalty by the Department nor the payment of an administrative penalty by a person under this regulation shall relieve the person of the requirement to submit the annual implementation report under Regulation .06A(3) of this chapter.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877); August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .05D amended effective August 17, 2026 (53:16 Md. R. 688)
  • Administrative History: Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877)
  • Administrative History: Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)
  • Authority: Agriculture Article, §§8-801—8-806, and 8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.08.01 Scope.

A. This chapter describes the:

(1) Content requirements for a nutrient management plan;

(2) Requirements for plan recommendations by a certified nutrient management consultant or certified farm operator; and

(3) Requirements for the implementation of a nutrient management plan by a person who manages an agricultural operation.

B. A nutrient management plan prepared for an agricultural operation indicates how primary nutrients are to be managed annually on farm fields for plant and crop production and for the protection of water quality. Plans contain recommendations to the agricultural operator based on expected crop yield or plant production goals, existing nutrient levels in the soil, organic residuals, optimum timing and placement of nutrients, environmental protection, and normal agricultural practices, such as liming, tillage, and crop rotation. The Department certifies and licenses qualified individuals to prepare plans under COMAR 15.20.04 and requires agricultural operations to implement the plans under COMAR 15.20.07.

C. This chapter addresses nutrient management plans and recommendations for agricultural operations, including container or out-of-ground agricultural operations.

D. This chapter also describes the transition from the Phosphorus Site Index to the Phosphorus Management Tool as a means to identify potential risk of phosphorus loss from farms. Like the Phosphorus Site Index, the Phosphorus Management Tool will be employed when a soil sample analysis shows a phosphorus fertility index value (“P FIV”) of 150 or greater. Unless the transition schedule is adjusted as provided in this chapter, the Phosphorus Management Tool will be phased-in over a 7-year period as shown in the chart found in Regulation .10 of this chapter. Farms that have excess soil phosphorus will be placed in one of three tiers, as determined by the particular operation’s average phosphorus fertility index value. Farms with an average P FIV of 450 and greater will be the first operations required to begin implementing the Phosphorus Management Tool, but will be given a longer time-frame to fully implement it. Farms with an average P FIV of(1) 150 and greater, but less than 300, and (2) 300 and greater, but less than 450, will be required to begin implementing the Phosphorus Management Tool later but will be given less time to complete this transition.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.02 Incorporation by Reference.

The performance and technical standards provided in this subtitle are found in the Department of Agriculture's Maryland Nutrient Management Manual, which is incorporated by reference in COMAR 15.20.07.02.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.03 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) “Account identification number” means the unique identifier used by the Maryland Department of Assessments and Taxation to identify a unit of land.

(2) “Agricultural operation” means a business or activity that:

(a) Tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, container, or other culture; and

(b) Has a gross annual income of $2,500 or more, or has eight or more animal units.

(3) “Animal unit” means the unit of measure equivalent to 1,000 pounds of live animal weight.

(4) “Average Soil Phosphorus Fertility Index Value” or “Average Soil P FIV” means a value:

(a) Determined for an agricultural operation by averaging the P FIV of all fields or management units within the operation that have a P FIV greater than 150 (calculated by adding together the P FIV of each field or management unit within the operation that has a P FIV greater than 150 and dividing this sum by number of any such fields or management units); and

(b) Established not later than June 30, 2016, using soil tests not more than 3 years old.

(5) “Best management practice” means a conservation or pollution control practice that manages soil, nutrient losses, or other potential pollutant sources to:

(a) Minimize nutrient runoff or pollution of water resources; or

(b) Improve agricultural production and management.

(6) “Bioavailable” means a nutrient supply that is either currently, or likely to be, available to a plant or crop.

(7) “Biosolids” means any thickened liquid, suspended or settled solid, or dried residue extracted from sewage at a sewage treatment plant, including domestic sewage, that:

(a) Contains recognized plant nutrients or liquid byproducts that meet federal and State regulations for beneficial use by land application or other methods; and

(b) Is regulated as sewage sludge, pursuant to Environment Article, §9-201 et seq., Annotated Code of Maryland.

(8) “Certified farm operator” means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual:

(a) Owns;

(b) Operates; or

(c) Has a legal interest in.

(9) “Certified nutrient management consultant” or “consultant” means an individual certified by the Department under this subtitle to prepare a nutrient management plan.

(10) Chemical Fertilizer.

(a) “Chemical fertilizer” means a manufactured or blended nutrient source, usually in granular or liquid form, containing a guaranteed analysis of primary nutrients.

(b) “Chemical fertilizer” does not include a product blended from all natural organic fertilizer sources.

(11) “Controlled release fertilizer” means a type of fertilizer that releases nutrients over time and which may be categorized as follows:

(a) Natural organics;

(b) Organic, synthetic isobutylidene diurea and urea fomaldehyde;

(c) Sulfur-coated synthetic organic or inorganic fertilizers; and

(d) Inorganic, resin-coated fertilizers.

(12) “Cover crop” means a crop including, but not limited to, cereal grains, that is planted following the harvest of summer crops for the purpose of:

(a) Seasonal protection of soil;

(b) Assimilation of residual nitrogen left from a previous crop; and

(c) Continued mineralization of nitrogen.

(13) “Crop or plant nutrient needs” means the primary nutrient requirements of a crop, usually determined as pounds of total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O), required for production of a crop yield unit, such as a bushel of corn.

(14) “Department” means Maryland Department of Agriculture.

(15) “Environmental risk assessment for out-of-ground production” means a method used to evaluate risk from stormwater and runoff management and water application (irrigation) methods that is acceptable to the Department, as described in the Maryland Nutrient Management Manual, Section II-D.

(16) “Expected crop yield” means a realistic crop yield for the agricultural operation determined by yield records or soil productivity information.

(17) “Fertility index value (FIV)” means an index developed by the University of Maryland that is:

(a) Used to describe the relative availability of nutrients to a plant or crop; and

(b) Described in the Maryland Nutrient Management Manual, Section II-B.

(18) “Fertilizer” means a substance containing a recognized primary plant nutrient used for its plant nutrient content and designed for use in promoting plant growth.

(19) “Field identification number” means a number or unique identifier used by an agricultural operator to distinguish or pinpoint the location of a field or management unit on a farm.

(20) “Liming” means the application of materials containing the carbonates, oxides, or hydroxides of calcium or magnesium in a condition, and in a quantity, adequate to manage soil acidity.

(21) “Management unit” means an area sharing common characteristics, including soil type, nutrient content, and plant type or crop produced, so that nutrients can be recommended and managed in a uniform and consistent manner.

(22) “Manure management” means operations and conditions specific to an agricultural operation that has animals, or uses animal manure or waste nutrients from animal production. The purpose of manure management in nutrient management planning is to improve efficiency and effectiveness of nutrient utilization and to minimize the potential for nutrient loss from the management of animals or their manure and associated waste nutrients. Guidelines for manure management are described in the Maryland Nutrient Management Manual, Section III-C.

(23) “Mineralization” means the process that converts unavailable organic forms of nutrient elements to an available inorganic state as a result of bacterial decomposition.

(24) “Natural organic fertilizer” means a fertilizer derived from plant or animal products, including animal manure, biosolids, green manure, compost, or plant materials, or other residuals used as a source of primary nutrients, which:

(a) Typically are not mixed with synthetic materials; or

(b) Are not changed in any physical or chemical manner from their initial state, except by means of cooking, chopping, composting, drying, grinding, shredding, or pelleting.

(25) “Nutrient application rate” means the quantity of primary nutrients, including total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O), recommended by a certified consultant to:

(a) Supply crop or plant nutrient needs; and

(b) Achieve realistic yield or plant production goals, as defined by this chapter.

(26) “Nutrient content” means the percentage of any primary nutrients as total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O) in any type or source of fertilizer.

(27) “Nutrient management plan” means a plan prepared by a certified nutrient management consultant or certified farm operator to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients to minimize nutrient loss or runoff and to maintain the productivity of soil when growing agricultural products.

(28) “Operator” means a person who owns or manages an agricultural operation.

(29) “Out-of-ground or container production” means the production of plants whose roots are not actually growing in the soil column.

(30) “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(31) “Phosphorus Management Tool” means the new procedure developed by the University of Maryland, approved by the Department, and described in the Maryland Nutrient Management Manual, Section II-C, that:

(a) Uses characteristics of soils, landforms, and management practices to identify potential risk of phosphorus losses from soils to waters; and

(b) Shall be phased-in between 2016 and not later than 2024, ultimately replacing the Phosphorus Site Index.

(32) “Phosphorus Site Index” means the original procedure developed by the University of Maryland, approved by the Department, and described in the Maryland Nutrient Management Manual, Section II-C, that uses characteristics of soils, landforms, and management practices to identify potential risk of phosphorus losses from soils to waters.

(33) “Phosphorus Transition Management Phase I” means the first of two management phases that farms with a soil P FIV of 150 or greater shall employ when transitioning from use of the Phosphorus Site Index to the Phosphorus Management Tool as a means to determine the application of additional phosphorus that:

(a) Consists of three risk categories determined by a calculation of the Phosphorus Management Tool; and

(b) Includes a schedule for implementation based on the average soil P FIV for the operation.

(34) “Phosphorus Transition Management Phase II” means the second of two management phases that farms with a soil P FIV of 150 or greater shall employ when transitioning from the use of the Phosphorus Site Index to the Phosphorus Management Tool as a means to determine the application of additional phosphorus that:

(a) Consists of three risk categories determined by a calculation of the Phosphorus Management Tool; and

(b) Includes a schedule for implementation based on the average soil P FIV for the operation.

(35) “Plant production goal” means a statement of the estimated length of time that plants will be grown, and appropriate measure of expected plant size, such as height or diameter.

(36) “Primary nutrients” means a plant food that is essential for normal plant growth, and includes total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O).

(37) “Residual nutrients” means the level of nitrogen, phosphorus, and potassium available in the soil from previous nutrient sources or unharvested plants or plant parts, or the baseline nutrient levels in the soil.

(38) “Soil leaching potential” means the potential for a given soil to be subject to nitrate and soluble chemical leaching below the root zone.

(39) “Soil pH level” means the relative acidity or alkalinity of a soil and refers to the hydrogen ion concentration in the soil solution.

(40) “Substrate” means organic or inorganic material, often bark, peat, and sand, used as media components in a container to support the plant and contain the root system.

(41) “Tier A operations” means those farms that have an average soil P FIV of 150 or greater but less than 300.

(42) “Tier B operations” means those farms that have an average soil P FIV of 300 or greater but less than 450.

(43) “Tier C operations” means those farms that have an average soil P FIV of 450 or greater.

(44) “Volatilization” means a process in which nitrogen losses to the atmosphere occur as ammonia.

(45) “Watershed code” means the code used by the State to identify a hydrologic unit area.

(46) Waters.

(a) “Waters” means surface water or ground water, including:

(i) That part of the Atlantic Ocean within the boundaries of the State;

(ii) The Chesapeake Bay and its tributaries; and

(iii) All ponds, streams, natural wetlands, and drainage ditches or public drainage systems.

(b) “Waters” do not include irrigation and treatment ditches installed to hold, transform, treat, or transfer water or wastewater, if a separation is maintained between the ditches and waters, as defined in §B(38)(a) of this regulation, at all times.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.04 Nutrient Management—Required Plan Content.

A. A certified nutrient management consultant or certified farm operator shall prepare, and an operator shall have and implement, a nutrient management plan that conforms to the requirements in §§B—G of this regulation.

B. Plan Identification. A plan shall contain:

(1) The operator name and address;

(2) The account identification number or numbers for all tax maps and parcels contained in the plan;

(3) A county and watershed code of all land under a nutrient management plan;

(4) The date the plan was prepared or updated;

(5) The period of time the plan covers;

(6) The name, certification, and license number of the certified nutrient management consultant responsible for the plan development; and

(7) The name and certification number of the certified farm operator responsible for the plan development.

C. Map or Aerial Photograph.

(1) A plan shall contain one or more maps, such as soil survey maps or aerial photographs, that identify:

(a) The location and boundaries of the agricultural operation;

(b) The individual field boundaries or management units;

(c) A field or management unit number or identifier; and

(d) Acreage of each field or management unit.

(2) The map or aerial photograph of the features described in §C(1) of this regulation shall be clearly recognizable. An agricultural operation sketch or soil survey map may be used when a map or aerial photograph is not available, if the features described in §C(1) of this regulation are clearly recognizable.

D. Plan Elements. A plan shall contain the following, when applicable:

(1) All nutrient recommendations for the period the plan is effective, including crop rotations or recommendations for alternative cropping plans, if applicable, within specific field or management unit information, described under §E of this regulation;

(2) The type and average number of animals annually raised, maintained, or housed on the agricultural operation;

(3) The quantities of animal manure or waste produced and available from animal housing or waste storage structures during the period the plan covers;

(4) The total animal manure used as crop nutrients, including manure from on-farm and off-farm sources, and its nutrient analysis;

(5) The quantity of animal manure or waste and location of alternative use, including land application off-site, processing, composting, or other uses of unused animal manure or waste;

(6) The source and type of information used to determine expected crop yield or plant production goal;

(7) Any recommendation to change management, install additional best management practices, or implement alternative technologies to reduce risk potential for nutrient movement;

(8) Any recommendation to ensure efficient application of fertilizers; and

(9) Any determination of the limiting nutrient as required under Regulation .04 of this chapter, including use of a risk analysis tool indicating the potential for nutrients to move into surface water or ground water, based on current conditions.

E. Field or Management Unit Specific Information. A plan shall contain data for each field or area where nutrients will be applied and shall include:

(1) The date the recommendations are prepared or updated;

(2) An account identification number;

(3) The watershed location code;

(4) The field or management unit number or identifier and acreage;

(5) A soil analysis;

(6) The expected crop or plant and expected crop yield or plant production goal for the period covered by the plan;

(7) Any crop rotation or recommendation for alternative cropping plans, if applicable, to:

(a) Provide the operator greater flexibility, and

(b) Minimize the need for a plan update;

(8) The primary nutrient requirements based on expected crop yield or plant production goals;

(9) Any available nutrients in the soil from the previous crop and mineralization and bioavailability assumptions for organic nutrient sources;

(10) The nutrients to be applied from all fertilizer sources to meet the crop or plant nutrient requirements;

(11) Any recommendation for:

(a) The liming of the soil,

(b) The application time for nutrients, including split applications, and the use of diagnostics to determine crop nutrient requirements,

(c) Any nutrient application method,

(d) The need to calibrate application equipment,

(e) The incorporation of natural organic fertilizers, and

(f) Any management strategy to achieve soil fertility within an optimal range; and

(12) Current or recommended tillage method.

F. Summary of Nutrient Recommendations. A plan shall contain a summary section that lists the following information for each farm field or management unit:

(1) The field or management unit identifier or number;

(2) The field or management unit acreage;

(3) The expected crop or plant;

(4) The expected crop yield or plant production goals for the period covered by the plan;

(5) Any recommended nutrient rates;

(6) The amount and type of nutrients, including chemical fertilizer or natural organic fertilizer, per acre or management unit;

(7) The nutrient application method and, if application method requires incorporation of the nutrient, timing for incorporation; and

(8) Any liming recommendations, if needed.

G. Plan Maintenance. A plan shall contain information to maintain and update a nutrient management plan. General comments about plan maintenance may be summarized and shall include:

(1) The length of time the plan is effective;

(2) The circumstances or changes in the farm operation that would require the plan to be modified or updated, including a change:

(a) To the planned crop or cropping rotation, or introduction of a new crop not currently addressed in the existing nutrient management plan, unless the new crop or plant will have fertility management similar to that originally planned,

(b) Of nutrient source or soil test results that indicate a change in nutrient recommendations,

(c) In acreage managed of 10 percent or greater, or 30 acres, whichever is less, or

(d) In animal units of 10 percent or greater if resultant manure production will require significant management adjustments; and

(3) Any information on soil fertility and management strategies for achieving soil fertility within an optimal range.

Cross References

15.20.07.06A(2)(c)

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.05 Nutrient Management — Required Plan Recommendations.

A. A certified nutrient management consultant or certified farm operator shall address all of the elements and use the criteria described in §§B—I of this regulation to determine recommendations in a nutrient management plan. A consultant's or certified farm operator's recommendations shall be consistent with the Department technical standards and criteria as provided in the Maryland Nutrient Management Manual, Sections I, II, and III.

B. Nutrient Rates.

(1) Nutrient rates of the primary nutrients shall be calculated for plant growth requirements of the crop.

(2) Plant growth requirements shall be based on one of the following:

(a) University of Maryland Plant or Crop Nutrient Recommendations, as provided in the Maryland Nutrient Management Manual, Section I-B; or

(b) Alternative standards, as provided in scientifically validated data for the development of a nutrient management plan acceptable to the Department.

(3) A consultant or certified farm operator may recommend the use of lime, secondary nutrients, or micronutrients needed for optimal plant growth.

(4) A consultant or certified farm operator may recommend nutrient rates that deviate from University of Maryland Plant or Crop Nutrient Recommendations and alternative standards provided in the Maryland Nutrient Management Manual, Section I-B, for application on farm test plots with prior approval from the Department.

(5) A consultant or certified farm operator may recommend nutrient rates based on a single variety tissue sample when used in conjunction with a soil sample.

C. Expected Crop Yield or Production Goal.

(1) The calculation of expected crop yield shall be based upon one of the following:

(a) An average of the 3 highest-yielding years for the crop out of the latest consecutive 5-year cropping sequence; or

(b) If yield information exists for more than 5 years for a given field or management unit, crop yield calculations may be based on the average of 60 percent of the highest-yielding years for all consecutive years that crop yield information is available.

(2) If field or management unit-specific yield or plant production goal information is unavailable or unrepresentative due to the inclusion of new seed varieties, irrigation, or new technologies, a consultant or certified farm operator shall use one of the following:

(a) Any soil productivity information;

(b) The average yield based upon an average of the 3 highest-yielding years for the crop out of the latest consecutive 5-year cropping sequence from nearby fields or management units with similar soil type and management conditions; or

(c) Any data acceptable to the Department.

(3) A consultant shall document what information was used as the basis for determining expected yield goal as part of the consultant's record-keeping requirements.

D. Soil Analysis Results.

(1) Soil analysis results for each field or management unit shall be based on standard soil sampling and analysis methods acceptable to the Department.

(2) Soil Samples. Variations from the standard sampling process shall be documented by the consultant or certified farm operator and may include:

(a) Soil samples collected from larger fields or acreage with uniform characteristics, including soil types, moisture, or fertility management history; crop rotations may be sampled as one management unit;

(b) Soil samples from fields, such as those common to strip cropping, which may be combined if the soils, previous cropping history, and soil fertility management are similar; and

(c) Any specialized production unit which may warrant smaller sampling units.

(3) Soil analysis results for a plan are valid for 3 years, except if the following conditions exist and are documented by the consultant or certified farm operator:

(a) A less frequent soil analysis is required to implement a management system based on new technologies;

(b) The management system does not require any nutrient application; or

(c) The management system requires nutrient application at a frequency less than once every 3 years.

(4) A recommendation for more than one planting season or crop may be made if anticipated soil fertility changes from the following are documented:

(a) Previous and future crop rotations; and

(b) Residual soil nutrients and nutrients used for previous crops.

E. Determination of Limiting Nutrient.

(1) A consultant or certified farm operator shall:

(a) Use the criteria in this section to determine which nutrient is the limiting factor in the application of nutrients; and

(b) Recommend subsequent nutrient management strategies consistent with this section.

(2) Soil fertility shall be used as an indicator of whether nutrient recommendations should be adjusted to address potential nutrient pollution problems.

(3) If the soil sample analysis results show a phosphorus fertility index value (FIV) of less than 150, nutrient recommendations may be based on nitrogen plant needs as the limiting factor in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section 1-B.

(4) Phosphorus Criteria for Tier A Operations.

(a) Except for nutrient management plans developed in accordance with §E(4)(e) of this regulation, the certified consultant shall:

(i) Provide the operator information outlining the changes in the management of the operation that will be required when the Phosphorus Management Tool becomes effective;

(ii) Calculate the Average Soil Phosphorus Fertility Index Value for the operation; and

(iii) Report the Average Soil Phosphorus Fertility Index Value for the operation to the Department on a form provided by the Department not later than September 1, 2016.

(b) Nutrient management plans implemented before July 1, 2019 shall:

(i) Be developed using both the Phosphorus Site Index and the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C; and

(ii) Use the Phosphorus Site Index set forth in Regulation .06 of this chapter to determine phosphorus applications.

(c) Nutrient management plans implemented between July 1, 2019 and June 30, 2020 shall use the Phosphorus Transition Management Phase I set forth in Regulation .07 of this chapter to determine phosphorus applications.

(d) Unless the transition schedule is adjusted as provided under this paragraph, nutrient management plans implemented between July 1, 2020 and June 30, 2021 shall use the Phosphorus Transition Management Phase II set forth in Regulation .08 of this chapter to determine phosphorus applications. Before January 1, 2020, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under Transition Management Phase II:

(i) Transition Management Phase I shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2021;

(ii) The transition to Transition Management Phase II, as provided in this section, shall be implemented 1 year later, beginning July 1, 2021; and

(iii) The subsequent schedule to transition to the Phosphorus Management Tool, as provided in §E(4)(e) of this regulation, likewise shall be implemented 1 year later, beginning July 1, 2022.

(e) Unless the transition schedule is adjusted as provided under either §E(4)(d) of this regulation or this paragraph, nutrient management plans implemented after July 1, 2021 shall use the Phosphorus Management Tool set forth in Regulation .09 of this chapter to determine phosphorus applications. Before January 1, 2021 or, alternatively, January 1, 2022, if the transition schedule has been adjusted under §E(4)(d) of this regulation, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under the Phosphorus Management Tool:

(i) Transition Management Phase II shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2022 or, alternatively, June 30, 2023, if the schedule has also been adjusted under §E(4)(d) of this regulation;

(ii) The Phosphorus Management Tool shall be used to determine phosphorus applications after June 30, 2022 or, alternatively, after June 30, 2023, if the schedule has also been adjusted under §E(4)(d) of this regulation.

(5) Phosphorus Criteria for Tier B Operations.

(a) Except for nutrient management plans developed in accordance with §E(5)(e) of this regulation, the certified consultant shall:

(i) Provide the operator information outlining the changes in the management of the operation that shall be required when the Phosphorus Management Tool becomes effective;

(ii) Calculate the Average Soil Phosphorus Fertility Index Value for the operation; and

(iii) Report the Average Soil Phosphorus Fertility Index Value for the operation to the Department on a form provided by the Department not later than September 1, 2016.

(b) Nutrient management plans developed for implementation before July 1, 2018 shall:

(i) Be developed using both the Phosphorus Site Index and the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C; and

(ii) Use the Phosphorus Site Index set forth in Regulation .06 of this chapter to determine phosphorus applications.

(c) Nutrient management plans implemented between July 1, 2018 and June 30, 2019 shall use the Phosphorus Transition Management Phase I set forth in Regulation .07 of this chapter to determine phosphorus applications.

(d) Unless the schedule is adjusted as provided under this paragraph, nutrient management plans implemented between July 1, 2019 and June 30, 2021 shall use the Phosphorus Transition Management Phase II set forth in Regulation .08 of this chapter to determine phosphorus applications. Before January 1, 2019, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under Transition Management Phase II:

(i) Transition Management Phase I shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2020;

(ii) The transition to Transition Management Phase II, as provided in this section, shall be implemented 1 year later, beginning July 1, 2020; and

(iii) The subsequent schedule to transition to the Phosphorus Management Tool, as provided in §E(5)(d) of this regulation, shall be implemented 2 years later, beginning July 1, 2022.

(e) Unless the transition schedule is adjusted as provided under either §E(5)(d) of this regulation or this paragraph, nutrient management plans implemented after July 1, 2021 shall use the Phosphorus Management Tool set forth in Regulation .09 of this chapter to determine phosphorus applications. Before January 1, 2021 or, alternatively, January 1, 2022, if the transition schedule has been adjusted under §E(5)(d) of this regulation, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under the Phosphorus Management Tool:

(i) Transition Management Phase II shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2022 or, alternatively, June 30, 2023, if the schedule has also been adjusted under §E(5)(d) of this regulation; and

(ii) The Phosphorus Management Tool shall be used to determine phosphorus applications after June 30, 2022 or, alternatively, after June 30, 2023, if the schedule has also been adjusted under §E(5)(d) of this regulation.

(6) Phosphorus Criteria for Tier C Operations.

(a) Except for nutrient management plans developed in accordance with §E(6)(e) of this regulation, the certified consultant shall:

(i) Provide the operator information outlining the changes in the management of the operation that will be required when the Phosphorus Management Tool becomes effective;

(ii) Calculate the Average Soil Phosphorus Fertility Index Value for the operation; and

(iii) Report the Average Soil Phosphorus Fertility Index Value for the operation to the Department on a form provided by the Department not later than September 1, 2016.

(b) Nutrient management plans implemented prior to July 1, 2017 shall:

(i) Be developed using both the Phosphorus Site Index and the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C; and

(ii) Use the Phosphorus Site Index set forth in Regulation .06 of this chapter to determine phosphorus applications.

(c) Nutrient management plans implemented between July 1, 2017 and June 30, 2019 shall use the Phosphorus Transition Management Phase 1 set forth in Regulation .07 of this chapter to determine phosphorus applications.

(d) Unless the schedule is adjusted as provided under this paragraph, nutrient management plans implemented between July 1, 2019 and June 30, 2021 shall use the Phosphorus Transition Management Phase II set forth in Regulation .08 of this chapter to determine phosphorus applications. Before January 1, 2019, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under Transition Management Phase II:

(i) Transition Management Phase I shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2020;

(ii) The transition to Transition Management Phase II, as provided in this section, shall be implemented 1 year later, beginning July 1, 2020; and

(iii) The subsequent schedule to transition to the Phosphorus Management Tool, as provided in §E(6)(e) of this regulation, shall be implemented 2 years later, beginning July 1, 2022.

(e) Unless the transition schedule is adjusted, as provided under either §E(6)(d) of this regulation or this paragraph, nutrient management plans implemented after July 1, 2021 shall use the Phosphorus Management Tool set forth in Regulation .09 of this chapter to determine phosphorus applications. Before January 1, 2021 or, alternatively, January 1, 2022, if the transition schedule has been adjusted under §E(6)(d) of this regulation, the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee, shall conduct an evaluation of the existing markets for animal manures, participation in and additional capacity of the Manure Transport Program, the capacity of existing infrastructure for manure transportation, handling and land application, the availability of public and private sector resources, and the status and capacity of alternative uses to utilize animal manures. The evaluation shall be comprehensive in scope, considering all available, relevant information to address current major animal agriculture sectors in the State with the objective of advancing implementation of the next level of management to the maximum extent practicable. If the results of this evaluation indicate insufficient capacity to support the additional volume of animal manure expected to be created when operations are required to determine phosphorus applications under the Phosphorus Management Tool:

(i) Transition Management Phase II shall continue to be used to determine phosphorus applications for 1 additional year, through June 30, 2022 or, alternatively, June 30, 2023, if the schedule has also been adjusted under §E(6)(d), of this regulation;

(ii) The Phosphorus Management Tool shall be used to determine phosphorus applications after June 30, 2022 or, alternatively, after June 30, 2023, if the schedule has also been adjusted under §E(6)(d) of this regulation.

F. Natural Organic Fertilizer.

(1) An agricultural operator who uses natural organic fertilizer shall determine its nutrient value as specified in this section.

(2) Test results for natural organic fertilizer shall be determined by an operator, consultant, or certified farm operator using standard sampling and analysis methods acceptable to the Department.

(3) The consultant or operator shall conduct animal manure or waste analysis as close to application time as possible, or a consistent baseline for nutrient content may be established and used from analysis results taken at least twice a year until a uniform value is confirmed, and then for every second year thereafter to verify its consistency. If significant changes occur, including feed, management, animals, or storage, a new analysis for nutrient content shall be determined by the consultant or operator for the new manure.

(4) Biosolids analysis shall be conducted according to COMAR 26.04.06.09A(13)(d) as close to nutrient application time as possible, but at least once a year. If changes occur in a sewage treatment facility, or routine biosolids analysis reveals a significant change in available nutrient content during the permit period, nutrient application rates shall be adjusted accordingly by the consultant, or certified farm operator, or the operator.

(5) Analysis of any other natural organic fertilizer or organic materials shall be conducted by the operator as close to nutrient application time as possible, but at least once a year.

(6) Calculations for nutrient content from natural organic fertilizer shall consider mineralization rates and plant availability rates for different forms and sources of organic nutrients. Mineralization of organic nitrogen from the 2 previous years of natural organic fertilizer applications shall be accounted for in the plan.

G. Application Method for Nutrients. A consultant or certified farm operator shall consider the following when making recommendations on nutrient application methods in a plan:

(1) Nutrient application shall be made to minimize nitrogen and phosphorus losses to waters and nitrogen volatilization losses to the atmosphere;

(2) Techniques to achieve accurate and uniform application of nutrients shall be recommended by the consultant or certified farm operator and shall be used by the operator;

(3) Split application of nitrogen on soils identified as having a high leaching potential;

(4) Measures to minimize or control nutrient movement to sensitive areas, including natural or existing wetlands, sinkholes, and steep slopes; and

(5) Recommendations shall ensure efficient application of fertilizers and may include crop rotation, agronomic practices, tillage, and cover crop management.

H. Timing of Nutrient Application. Timing for nutrient applications, as recommended by a consultant or certified farm operator and conducted by an operator, shall:

(1) Be as close to plant nutrient uptake periods as possible;

(2) Maximize plant utilization efficiency and minimize the potential for nutrient movement; and

(3) Be consistent with the guidelines contained in the Maryland Nutrient Management Manual, Section I-D.

I. Manure Management. When an agricultural operation either produces animals or integrates animal manure use with crop production, a consultant or certified farm operator shall:

(1) Take into account the current manure management measures being used to store, stockpile, and handle animal manure and waste nutrients associated with animal production in order to make appropriate recommendations for application rates, timing, and methods;

(2) Evaluate existing conditions and procedures and advise the operator when manure management changes, such as improved stockpiling or storage facilities, would minimize the potential for nutrient loss or runoff or improve nutrient use efficiency and proper timing of manure utilization; and

(3) Take into account animal manure or waste nutrients associated with animal production and all other sources of nutrients when making recommendations.

Cross References

15.20.04.11C(1)

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.06 Nutrient Management — Phosphorus Site Index.

A. Except as provided in §F of this regulation, if the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Site Index, as provided in the Maryland Nutrient Management Manual, Section II-C1, shall be used to determine the potential risk of phosphorus loss due to site characteristics.

B. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus from the site is low according to the Phosphorus Site Index, nutrient recommendations by the consultant or certified farm operator may use nitrogen plant needs as the limiting factor.

C. Medium Risk of Potential Phosphorus Loss.

(1) Except as provided in §C(2) of this regulation, if the risk for potential loss of phosphorus from the site is medium according to the Phosphorus Site Index, nutrient rates shall be based on nitrogen plant needs as the limiting factor not more than 1 out of every 3 years. Phosphorus rates for the other 2 years shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(2) Nutrient recommendations may use nitrogen plant needs as the limiting factor if BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Site Index, reduce the risk of phosphorus loss to low.

D. High Risk of Potential Phosphorus Loss.

(1) Except as provided in §D(2) of this regulation, if the risk for potential loss of phosphorus from the site is high according to the Phosphorus Site Index, phosphorus rates shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(2) If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Site Index, reduce the risk of phosphorus loss to medium, nutrient rates may be based on nitrogen plant needs as the limiting factor not more than 1 out of every 3 years. Phosphorus rates for the other 2 years shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

E. Very High Risk of Potential Phosphorus Loss.

(1) Except as provided in §E(2) of this regulation, if the risk for potential loss of phosphorus from the site is very high according to the Phosphorus Site Index, no additional phosphorus may be applied.

(2) If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Site Index, reduce the risk of phosphorus loss to high, recommended rates of application of phosphorus shall be limited to the expected amount removed from the field by the crop or plant harvest, or the amount indicated by soil testing, in accordance with recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(3) The operator shall consider the implementation of management practices and technologies that are effective in lowering the risk of phosphorus loss, based on research and demonstration of the University of Maryland, or other land grant university, or by the United States Department of Agriculture, Natural Resources Conservation Service, National Planning Procedures Handbook and practice standards adopted for Maryland.

F. If the soil sample analysis results indicate a phosphorus fertility index value of 500 or greater, no phosphorus may be applied.

Cross References

15.20.08.05E(4)(b)(ii)

15.20.08.05E(5)(b)(ii)

15.20.08.05E(6)(b)(ii)

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.07 Nutrient Management — Phosphorus Transition Management Phase I.

A. Except as provided in §E of this regulation, if the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2, shall be used to determine the potential risk of phosphorus loss due to site characteristics.

B. Low Risk of Potential Phosphorus Loss.

(1) If the risk for potential loss of phosphorus from the site is low according to the Phosphorus Management Tool, nutrient recommendations by the consultant or certified farm operator may use nitrogen plant needs as the limiting factor.

(2) Nutrient applications shall not exceed the amount of phosphorus removed by the planned crop over a 3-year period.

C. Medium Risk of Potential Phosphorus Loss.

(1) Except as provided in §C(2) of this regulation, if the risk for potential loss of phosphorus from the site is medium according to the Phosphorus Management Tool, total phosphorus applications related to crops anticipated to be planted in a 3-year period shall not exceed the amount of phosphorus removed by the planned crops over the 3-year period, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(2) If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to low, nutrient rates may be established as provided by §B of this regulation.

D. High Risk of Potential Phosphorus Loss.

(1) Except as provided in §D(2) of this regulation, if the risk for potential loss of phosphorus from the site is high according to the Phosphorus Management Tool, phosphorus rates shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(2) If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to medium, nutrient rates may be established as provided by §C of this regulation.

(3) The operator shall consider the implementation of management practices and technologies that are effective in lowering the risk of phosphorus loss based on research and demonstration of the University of Maryland, or other land grant university, or by the United States Department of Agriculture, Natural Resources Conservation Service, National Planning Procedures Handbook and practice standards adopted for Maryland.

E. If the soil sample analysis results indicate a phosphorus fertility index value of 500 or greater, no phosphorus may be applied.

Cross References

15.20.07.06B(4)(i)

15.20.08.05E(4)(c)

15.20.08.05E(5)(c)

15.20.08.05E(6)(c)

15.20.08.12G

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.08 Nutrient Management — Phosphorus Transition Management Phase II.

A. Except as provided in §E of this regulation, if the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2, shall be used to determine the potential risk of phosphorus loss due to site characteristics.

B. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus from the site is low according to the Phosphorus Management Tool, total phosphorus applications related to crops anticipated to be planted in a 3-year period shall not exceed the amount of phosphorus removed by the planned crops over the 3-year period, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

C. Medium Risk of Potential Phosphorus Loss.

(1) Except as provided in §C(2) of this regulation, if the risk for potential loss of phosphorus from the site is medium according to the Phosphorus Management Tool, total phosphorus applications related to crops anticipated to be planted in a 2-year period shall not exceed the amount of phosphorus removed by the planned crops over the 2-year period, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(2) If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to low, nutrient rates may be established as provided by §B of this regulation.

D. High Risk of Potential Phosphorus Loss.

(1) Except as provided in §D(3) and (4) of this regulation, if the risk for potential loss of phosphorus from the site is high according to the Phosphorus Management Tool, phosphorus rates shall be limited to 50 percent of the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(2) If limits of technology of available application equipment prevent application at 50 percent of the expected amount removed from the field by the crop or plant harvest immediately following the phosphorus application, phosphorus rates shall be limited to the expected amount removed from the field by the crop or plant harvest immediately following the phosphorus application, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(3) If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to medium, nutrient rates may be established as provided by §C of this regulation.

(4) If the crop to be produced is certified as organic pursuant to the requirements of the federal Organic Foods Production Act, 7 U.S.C. §6501 et seq., including implementing federal regulations, as amended, recommended rates of application of phosphorus shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, or the amount indicated by soil testing in accordance with recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(5) The operator shall consider the implementation of management practices and technologies that are effective in lowering the risk of phosphorus loss based on research and demonstration of the University of Maryland, or other land grant university, or by the United States Department of Agriculture, Natural Resources Conservation Service, National Planning Procedures Handbook and practice standards adopted for Maryland.

E. If the soil sample analysis results indicate a phosphorus fertility index value of 500 or greater, no phosphorus may be applied.

Cross References

15.20.08.05E(4)(d)

15.20.08.05E(5)(d)

15.20.08.05E(6)(d)

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.09 Nutrient Management — Phosphorus Management Tool.

A. If the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2, shall be used to determine the potential risk of phosphorus loss due to site characteristics.

B. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus from the site is low according to the Phosphorus Management Tool, total phosphorus applications related to crops anticipated to be planted in a 3-year period shall not exceed the amount of phosphorus removed by the planned crops over the 3-year period.

C. Medium Risk of Potential Phosphorus Loss.

(1) Except as provided in §C(2) of this regulation, if the risk for potential loss of phosphorus from the site is medium according to the Phosphorus Management Tool, phosphorus rates shall be limited to the expected amount removed from the field by the crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing, in accordance with the recommendations described in the Maryland Nutrient Management Manual, Section I-B , whichever is greater.

(2) If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to low, nutrient rates may be established as provided by §B of this regulation.

D. High Risk of Potential Phosphorus Loss.

(1) Except as provided in §D(2)—(6) of this regulation, if the risk for potential loss of phosphorus from the site is high according to the Phosphorus Management Tool, no additional phosphorus may be applied.

(2) If BMPs are implemented by the operator before or during the application of additional phosphorus that address site or management characteristics which, according to the outcome of a recalculation using the Phosphorus Management Tool, reduce the risk of phosphorus loss to medium, nutrient rates may be established as provided by §C of this regulation.

(3) If the crop to be produced is certified as organic pursuant to the requirements of the federal Organic Foods Production Act, 7 U.S.C. §6501 et seq., including implementing federal regulations, as amended, recommended rates of application of phosphorus shall be limited to the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops, or the amount indicated by soil testing in accordance with recommendations described in the Maryland Nutrient Management Manual, Section I-B, whichever is greater.

(4) Except when subject to cold and wet growing conditions, crops determined to be deficient in phosphorus, as demonstrated by a representative tissue analysis by an accredited laboratory, may receive an application of phosphorus not to exceed 25 percent of the expected amount removed from the field by the crop or plant harvest immediately following the phosphorus application.

(5) Vegetable and tobacco crops with a recommended phosphorus application rate of 40 pounds or more at optimum or excessive fertility levels as provided in the Maryland Nutrient Management Manual, Section I-B, may receive a phosphorus application at planting not to exceed 25 percent of the expected amount removed from the field by the crop or plant harvest immediately following the phosphorus application.

(6) Agricultural operations implementing technologies to reduce the phosphorus content of animal manures by at least 75 percent shall limit phosphorus application rates to 50 percent of the expected amount removed from the field by the planned crop or plant rotation immediately following the phosphorus application, not to exceed two crops.

(7) The operator shall consider the implementation of management practices and technologies that are effective in lowering the risk of phosphorus loss based on research and demonstration of the University of Maryland, or other land grant university, or by the United States Department of Agriculture, Natural Resources Conservation Service, National Planning Procedures Handbook and practice standards adopted for Maryland.

Cross References

15.20.08.05E(4)(e)

15.20.08.05E(5)(e)

15.20.08.05E(6)(e)

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.10 Summary Schedule — Transition from Phosphorus Site Index to Phosphorus Management Tool.

7-YEAR TRANSITION SCHEDULE*

| Crop Year** | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | | --- | --- | --- | --- | --- | --- | --- | --- | | Average P FIV>450 (Tier C Operations | PSI | PSI | TM1 | TM1 | TM2 | TM2 | PMT | | Average P FIV 300-450 (Tier B Operations | PSI | PSI | PSI | TM1 | TM2 | TM2 | PMT | | Average P FIV 150-299 (Tier A Operations | PSI | PSI | PSI | PSI | TM1 | TM2 | PMT | | PSI — Phosphorus Site Index | | | | | | | | | TM1 — Transition Management Phase 1 | | | | | | | | | TM2 — Transition Management Phase 2 | | | | | | | | | PMT — Phosphorus Management Tool | | | | | | | |

*The 7-Year transition period assumes that the Department, in consultation with the Phosphorus Management Tool Transition Advisory Committee does not make any adjustments to the transition schedule as provided for in this chapter.

**The term “crop year” means the 1-year period beginning July 1 of the previous year through June 30 of the current year. For example, the 2016 crop year begins on July 1, 2015 and ends on June 30, 2016.

Cross References

15.20.08.01D

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.11 Phosphorus Management Tool Transition Advisory Committee.

A. Beginning in 2015 and continuing until the Phosphorus Management Tool is fully implemented, there shall be established within the Department, the Phosphorus Management Tool Transition Advisory Committee.

B. The Committee shall be chaired by the Secretary. Its membership may include the following persons:

(1) A member of the Senate, appointed by the President;

(2) A member of the House of Delegates, appointed by the Speaker;

(3) The Secretary of the Environment, or his designee;

(4) The Director of the Maryland Environmental Service, or his designee;

(5) The Director of the Maryland Energy Administration, or his designee;

(6) The University of Maryland, College of Agriculture and Natural Resources;

(7) The Chesapeake Bay Commission;

(8) Members appointed by the Secretary, including a representative from:

(a) The Maryland Farm Bureau;

(b) The Maryland Grain Producers Association;

(c) The Delmarva Poultry Industry, Inc.;

(d) The Maryland Dairy Industry Association;

(e) The Chesapeake Bay Foundation;

(f) Two non-governmental organizations representing environmental interests;

(g) The biosolids industry;

(h) The manure hauling industry;

(i) The manure application industry;

(j) Two alternative technology vendors or Enterprises; and

(k) Two representatives of county and municipal government from a list submitted by the Maryland Association of Counties and the Maryland Municipal League.

C. The purpose of the committee shall be to:

(1) Evaluate information relevant to the implementation of the Phosphorus Management Tool including:

(a) The quantity and location of excess animal manure within the State;

(b) The status and activity of manure transportation activities in geographic areas with excess animal manures;

(c) The viability of markets for animal manures as a crop fertilizer, fuel stock for energy generation and other alternative uses;

(d) The status and capacity of alternative use technologies using animal manures; and

(e) Other information the Department and the Advisory Committee deems appropriate.

(2) Recommend to the Secretary strategies to facilitate the effective implementation of the Phosphorus Management Tool;

(3) Recommend to the Secretary potential changes to the schedule implementing the Phosphorus Management Tool, as provided for in this chapter; and

(4) Identify resources necessary for the effective transition to the Phosphorus Management Tool.

D. The Committee shall meet at least annually at a time determined by the Department.

E. Annual Report.

(1) Beginning December 1, 2016 and each year thereafter, until the Phosphorus Management Tool is fully implemented, the Committee shall provide a report to the Governor and the General Assembly.

(2) The report shall include:

(a) A summary of the data collected from farms related to the operational changes created by implementing the Phosphorus Management Tool;

(b) The status of certain programs related to or supporting the transition to the Phosphorus Management Tool;

(c) Resource needs considered critical for the effective transition to the Phosphorus Management Tool; and

(d) Policy recommendations to enhance the implementation of the Phosphorus Management Tool.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.12 Nutrient Management for Container or Out-of-Ground Agricultural Production — Additional Required Plan Content.

A. A certified nutrient management consultant or certified farm operator shall prepare, and an operator of container or out-of-ground agricultural production shall conform to the requirements of §§B—H of this regulation, in addition to applicable requirements described in this chapter, when developing and implementing, a nutrient management plan.

B. Plan Elements. A plan shall contain a summary of planned plant production applicable to the site, including:

(1) A listing of plants to be grown by name, species, and variety and cultivar or both; however, if more than 20 different kinds of plants are grown, general plant categories may be used, such as herbaceous, deciduous shrub, coniferous evergreen, broadleaf evergreen, or trees;

(2) The estimated greatest number of plants, units, or containers that will be in production at any one time during a calendar year and the month this will occur;

(3) The estimated percentages of plants, units, or containers in the following container size categories:

(a) Less than 1 gallon (less than 2,492 cubic centimeters container volume),

(b) From 1 to 3 gallons (2,492 to 12,164 cubic centimeters),

(c) Greater than 3 gallons and less than 15 gallons (more than 12,164, but less than 45,376 cubic centimeters), or

(d) 15 gallons or greater (45,376 cubic centimeters or more);

(4) An inventory, which may include projected changes during the life of the plan, taken by the operator for any purpose within 12 months of completion of the plan, which shall meet the requirements of §B(1), (2), and (3) of this regulation, if the inventory is representative of planned production during the period covered by a nutrient management plan;

(5) Total growing area under the plan, which may include projected changes in growing area planned to take place during the life of the plan.

C. Summary of Nutrient Recommendations. A plan shall contain summary information on the total amount of primary nutrients recommended for each calendar year covered by the plan, including:

(1) The estimated total amounts of nitrogen, phosphorus, and potash;

(2) A listing of all sources of nutrients;

(3) The estimated amounts of each source of nutrients to be applied for each quarter of the year; and

(4) A listing or description of the application method or methods for each nutrient.

D. Assessment of Environmental Risk. A nutrient management plan shall contain an assessment of the risk of nutrient losses to surface water, using the Environmental Risk Assessment for out-of-ground production provided in the Maryland Nutrient Management Manual, Section II-D.

E. General Management Recommendations. A plan shall contain general recommendations to ensure efficient application of nutrients, including:

(1) The calibration of equipment;

(2) The timing and application methods for water and nutrients;

(3) Management options to maximize the efficient use of water;

(4) Any operator management options to reduce nutrient losses; and

(5) Any other best management practices that may be applicable as provided in the Maryland Nutrient Management Manual, Section II-E.

F. Specific Management Recommendations. A consultant or certified farm operator shall recommend growing area or section-specific management techniques to improve water use efficiency and minimize nutrient losses, including the following:

(1) Grouping plants to improve water and nutrient usage;

(2) Monitoring water and nutrient needs of plants;

(3) Increasing the percentage of water and nutrients entering the plant root zone;

(4) Reducing the amount of leachate or runoff; and

(5) Reducing or containing the flow of water from growing areas.

G. Program for Monitoring Runoff. A nutrient management plan shall include recommendations to monitor runoff, as required in Regulation .07C of this chapter, including recommendations on methods, frequency, and locations of monitoring.

H. Plan Maintenance. A plan shall contain information to maintain and update the plan. General comments about plan maintenance may be summarized, but shall include:

(1) The length of time the plan is effective, not to exceed 3 years; and

(2) Identification of changes in the agricultural operation that would require the original plan to be modified or updated, including a:

(a) Change in area managed of 20 percent or greater, or 5 acres, whichever is less, or

(b) Substantial change in a production plan or method.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.08.13 Nutrient Management—Required Plan Recommendations for Container or Out-of-Ground Production.

A. Nutrient Recommendations. A certified nutrient management consultant or certified farm operator shall evaluate production cycles and methods and make nutrient recommendations based on at least one of the following:

(1) The label recommendations on fertilizer products for the plants being grown or similar plants;

(2) The recommendations of the University of Maryland Cooperative Extension for the specific plants being grown or for similar plants;

(3) The recommendation from other state universities for the specific plants being grown or for similar plants;

(4) The data from research done by accredited universities on the specific plants being grown or similar plants;

(5) The general nutrition guidelines for similar plants; or

(6) Any generally accepted growing practices for plants under comparable growing conditions.

B. Management Recommendations.

(1) A consultant or certified farm operator shall use the Environmental Risk Assessment for out-of-ground production, as provided in the Maryland Nutrient Management Manual, Section II-D, to identify the potential risk to the environment of nutrient movement from out-of-ground growing areas.

(2) For growing areas where there is zero or low risk of nutrient movement from the site, recommendations shall be made to maintain this zero or low level of risk.

(3) For growing areas where there is medium risk of nutrient movement:

(a) Management recommendations shall be made to minimize the risk of nutrients moving to, or reaching, surface waters; and

(b) The consultant or certified farm operator shall recommend that the operator or other person responsible for irrigation and nutrient management attend Department-approved training on best management practices for out-of-ground production to minimize nutrient losses.

(4) For growing areas where there is high risk of nutrient movement:

(a) Management recommendations shall be made for individual growing areas, as well as for the operation as a whole, to reduce the risk of nutrients moving to, or reaching, surface waters;

(b) The consultant or certified farm operator shall recommend that the operator or other person responsible for irrigation and nutrient management attend Department-approved training on best management practices for out-of-ground production that teaches how to minimize nutrient losses; and

(c) Only controlled release fertilizer shall be recommended for use until management changes reduce the risk of nutrient loss to medium.

(5) In recommending field or management unit practices to reduce or minimize nutrient losses, a consultant or certified farm operator shall consider the following:

(a) The appropriate nutrient application methods;

(b) Nutrient application timing; and

(c) Any plant nutrient needs.

(6) Timing of nutrient application shall be as close to plant nutrient uptake as possible, except in the case of controlled release fertilizer, which may be applied at any time.

C. Recommendations for Monitoring Runoff. Unless an operation is assessed as zero risk for nutrient loss from the site, as provided in the Maryland Nutrient Management Manual, Section II-D, the nutrient management consultant shall recommend a monitoring program, including the following:

(1) The periods for monitoring when plant nutrients can reasonably be expected to be available;

(2) The locations immediately next to growing areas or areas where runoff or overflow from collection basins enters surface water, municipal stormwater, or drainage inlets; and

(3) The frequency of sampling for nutrients:

(a) Where the risk of nutrient movement from any growing area is low, monitoring shall include samples for testing a minimum of two different times during each growing season or cycle from each location; and

(b) Where the risk of impacting surface water is medium or high, monitoring recommendations shall be conducted monthly when nutrients are being applied.

D. Methods of Sampling and Testing. Samples may be analyzed by the operator or consultant on-site using calibrated electrical conductivity (EC) or nutrient meters. To evaluate the accuracy of on-site test results, at least two samples per year shall be split, with one part being sent to an independent laboratory for analysis.

History

  • Administrative History: Effective date: May 29, 2000 (27:10 Md. R. 967)
  • Administrative History: Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143)
  • Administrative History: Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)
  • Administrative History: ——————
  • Administrative History: Chapter revised as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); revised permanently effective April 11, 2005 (32:7 Md. R. 684)
  • Administrative History: Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1282)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective June 8, 2015 (42:11 Md. R. 726)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.09.01 Purpose.

This chapter establishes the eligibility requirements for a person operating an agricultural operation to claim a State income tax credit for additional commercial fertilizer costs due to the agricultural operation's conversion to a phosphorus based nutrient management plan.

History

  • Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1382)
  • Authority: Tax-General Article, §10-704.9, Annotated Code of Maryland
COMAR 15.20.09.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Agricultural operation” means a business or activity that:

(a) Tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, container, or other culture;

(b) Has a gross annual income of $2,500 or more, or has eight or more animal units; and

(c) Includes all land owned or managed for agricultural production by the taxpayer filing a tax credit claim.

(2) “Base year” means the year before the agricultural operation converted to a phosphorus based nutrient management plan.

(3) “Commercial fertilizer” means any substance containing a recognized plant nutrient used for its plant nutrient content, and designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum.

(4) “Department” means Maryland Department of Agriculture.

(5) “Nutrient management plan” or “plan” means a plan prepared in accordance with Department requirements to manage the amount, placement, timing, and application of animal manure, fertilizer, biosolids, or other plant nutrients in order to:

(a) Minimize nutrient loss or runoff; and

(b) Maintain the productivity of soil when growing agricultural products.

History

  • Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1382)
  • Authority: Tax-General Article, §10-704.9, Annotated Code of Maryland
COMAR 15.20.09.03 Eligibility.

A. A person operating an agricultural operation that incurs additional commercial fertilizer costs due to conversion of nutrient use to meet the requirements of a phosphorus based nutrient management plan is eligible for a State income tax credit under this chapter, if:

(1) A nutrient management plan meeting the requirements of COMAR 15.20.08 has been submitted to the Department;

(2) The conversion of nutrient use is for the purpose of complying with the requirements set forth in COMAR 15.20.08 for the implementation of nutrient recommendations;

(3) Those costs take into account management by the taxpayer of all acreage in their agricultural operation;

(4) Those costs are related to the purchase of additional quantities of commercial fertilizer, specialized blends, or formulations, and not due solely to product price increases; and

(5) The Department has approved a Certificate of Additional Fertilizer Expense for Income Tax Deduction, indicating the amount of credit that may be claimed.

B. The credit may be taken against the following types of taxes:

(1) Personal income tax; or

(2) Corporate income tax.

C. The credit may be claimed by the following types of agricultural operations:

(1) Sole proprietorships;

(2) Corporations; and

(3) Pass-through entities, including partnerships, S-corporations, and limited liability companies on behalf of their partners, shareholders, and members, respectively.

History

  • Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1382)
  • Authority: Tax-General Article, §10-704.9, Annotated Code of Maryland
COMAR 15.20.09.04 Credit Allowances.

A. Allowable Credit. A person operating an agricultural operation who sustains additional, but necessary, commercial fertilizer costs converting to a phosphorus based nutrient management plan, may claim a State income tax credit in an amount equal to 50 percent of these additional costs.

B. Amount Allowed Per Taxable Year.

(1) For any taxable year, the maximum credit a person may claim is $4,500.

(2) If the credit exceeds the person's liability for the taxable year, the unused credit may be carried forward for up to 5 years.

C. Limited Time Frame. A person may claim the credit allowed under this chapter for up to 3 consecutive years.

D. Credit End Date. A person may not claim credit for any additional costs otherwise allowed under this chapter expended on or after January 1, 2009.

History

  • Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1382)
  • Authority: Tax-General Article, §10-704.9, Annotated Code of Maryland
COMAR 15.20.09.05 Requirements for Tax Credit Certification.

To claim a tax credit, a person operating an agricultural operation shall file a Certificate of Additional Fertilizer Expense for Income Tax Deduction. To obtain this certificate, a person shall submit the following to the Department:

A. A signed Departmental form requesting a Certificate of Additional Fertilizer Expense for Income Tax Deduction;

B. The nutrient recommendation summary page of the nutrient management plan;

C. The nutrient management plan reporting form, characterizing the agricultural operation;

D. Information, including copies of receipts, describing commercial fertilizer expenses in the base year; and

E. Information, including copies of receipts, describing commercial fertilizer expenses for the year the tax credit is being claimed.

History

  • Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1382)
  • Authority: Tax-General Article, §10-704.9, Annotated Code of Maryland
COMAR 15.20.10.01 Scope.

This chapter explains the requirements and training applicable to persons who apply nutrients to land that is not used for agricultural purposes.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Applicator” means a person who applies any type of nutrient, as defined by this chapter, to any crop, plant, or land intended to be planted.

(2) “Department” means the Maryland Department of Agriculture or its designee.

(3) “Direct supervision” means the act or process whereby a fertilizer application is made by a trained employee acting under the instructions and control of a certified professional fertilizer applicator who:

(a) Is responsible for the actions of that person; and

(b) Maintains immediate contact with the trained employee via radio or mobile phone (voice) communication.

(4) “Enhanced efficiency fertilizer” means a fertilizer product that increases plant uptake and decreases the potential of nutrient loss to the environment, including gaseous loss, leaching, or runoff, when compared to an appropriate reference fertilizer product.

(5) “Fertilizer” or “commercial fertilizer” means a substance containing a recognized plant nutrient used for its plant nutrient content and designed for use, or claimed to have value, in promoting plant growth, except unmanipulated animal and vegetable manure, marl, lime, wood ashes, and gypsum.

(6) “Impervious surface” means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes concrete, asphalt, porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.

(7) “Label” means the display of all written, printed, or graphic matter on the immediate container or a statement accompanying a commercial fertilizer or soil conditioner.

(8) “Land not used for agricultural purposes” means a parcel of land that does not qualify for agricultural use assessment under Tax-Property Article, §8-209, Annotated Code of Maryland.

(9) “Lawn patch product” means a premixed blend of grass seed, fertilizer, and mulch.

(10) “Licensee” means an entity that holds a business license that is issued by the Department, in accordance with this chapter.

(11) “Low phosphorous fertilizer” means fertilizer:

(a) Containing not more than 5 percent of available phosphate (P2O5); and

(b) That has an application rate not to exceed 0.25 pound of available phosphate (P2O5)/1000 square feet/ application and 0.5 pound of available phosphate (P2O5)/1000 square feet/year.

(12) “Management unit” means an area of land similar soil types, having similar use and management history, and having similar fertility levels as determined by valid soil tests, and will be managed the same in the future.

(13) Natural Organic Fertilizer.

(a) “Natural organic fertilizer” means a fertilizer product that is derived from either a plant or animal product containing carbon, and one or more elements, other than hydrogen or oxygen that are essential for plant growth.

(b) “Natural organic fertilizer” does not include a fertilizer product that contains:

(i) Synthetic materials; or

(ii) Materials that are changed in any physical or chemical manner from their initial state, except by physical manipulation, including drying, cooking, chopping, grinding, shredding, or pelleting.

(14) “Non-professional” means any person who applies fertilizer to turf and is not for-hire.

(15) “Nutrient” means a fertilizer or any substance used to promote plant growth.

(16) “Nutrient content" means the percentage of any primary nutrient, as total nitrogen (N), available phosphate (P2O5), or soluble potash (K2O), in any type or source of plant nutrients.

(17) Organic Fertilizer.

(a) “Organic fertilizer” means a fertilizer product that is derived from either a plant or animal product containing carbon and one or more elements, other than hydrogen or oxygen, that are essential for plant growth.

(b) “Organic fertilizer includes a fertilizer product that contains:

(i) Synthetic materials; or

(ii) Materials that are changed in a physical or chemical manner from their initial state.

(18) “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(19) “Professional fertilizer applicator” means any person who:

(a) Is certified to apply fertilizer in accordance with this chapter; and

(b) Applies fertilizer for hire or within the scope of that person’s employment.

(20) “Slow-release nitrogen” means nitrogen in a form that:

(a) Delays it’s availability for plant uptake and use after application; or

(b) Extends its availability to the plant significantly longer than a reference “rapidly available nutrient” such as ammonium nitrate or urea, ammonium phosphate, or potassium chloride.

(21) Soil Conditioner.

(a) “Soil conditioner” means any substance or mixture of substances intended for sale, offered for sale, or sold for:

(i) Manurial, soil enriching, or soil corrective purposes;

(ii) Promoting or stimulating the growth of plants;

(iii) Increasing the productivity of plants;

(iv) Improving the quality of crops; or

(v) Producing any chemical or physical change in the soil, except a commercial fertilizer, unmanipulated animal and vegetable manures, agricultural liming material, and gypsum.

(b) “Soil conditioner” includes but is not limited to materials such as compost, peat, vermiculite, or perlite that are incorporated into the soil.

(22) “Soil test” means a technical analysis of soil conducted by a laboratory using standards recommended by the University of Maryland.

(23) “Trained employee” means a person who applies fertilizer under the direct supervision of a certified professional fertilizer applicator.

(24) “Turf” means land, including residential property and publicly owned land that is planted in grass, except land that is used in the sale and production of sod, as defined in Agriculture Article, §9-101, Annotated Code of Maryland.

(25) “Water-soluble nitrogen” means nitrogen that is readily soluble in water.

Cross References

15.20.10.15A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.03 Certification Requirement.

A. A person who is paid to apply fertilizer to turf not used for agricultural purposes may not apply fertilizer containing nitrogen or phosphorus to turf unless that person is a certified professional fertilizer applicator, or working under the direct supervision of a professional fertilizer applicator.

B. A person, other than a certified professional fertilizer applicator, a trained employee, or a person who merely markets services for a certified professional fertilizer applicator, may not offer to provide turf fertilization services for compensation.

C. Each business location, agency, golf course, or other location shall employ a certified professional fertilizer applicator when an employee is paid to fertilize.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.04 Certification Program.

A. The Department, in consultation with the University of Maryland, shall establish a program to train and certify professional fertilizer applicators.

B. This program shall include training and education in:

(1) The proper use and calibration of fertilizer application equipment;

(2) The hazards involved in, and the environmental impact of, applying fertilizer, including nutrient pollution to the waters of the State;

(3) All applicable State and federal laws, rules, and regulations;

(4) The correct interpretation of fertilizer labeling information; and

(5) The recommendations developed by the University of Maryland for nutrient management on turf, including the appropriate time to:

(a) Apply fertilizer when rain is forecast; and

(b) Apply fertilizer when soils are wet and the potential for fertilizer movement off-site exists.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.05 Professional Fertilizer Applicator.

A. Certification. Each applicant for a professional fertilizer applicator certificate shall register with the Department, on a form approved by the Department.

B. Certification Requirements. Each applicant for a professional fertilizer applicator certificate shall;

(1) Pay a fee of $100; and

(2) Pass an examination given by the Department.

C. Recertification. A certification shall be renewed annually by:

(1) Applying to the Department;

(2) Annually attending 2 hours of continuing education course or courses approved by the Department, or by reexamination;

(3) Paying the recertification fee of $100; and

(4) Complying with all other requirements of this chapter.

D. Duration and Renewal.

(1) A professional fertilizer applicator certificate is valid beginning January 1, or whenever obtained, until the following December 31. For a certificate due to expire on June 30, 2022, the new expiration date is December 31, 2022.

(2) If an application for renewal of a professional fertilizer applicator certificate is received by the Department more than 30 days after the expiration date of the certificate, the applicant is subject to a $30 late fee.

(3) An individual who has not renewed the certificate within 12 months of its expiration shall be required by the Department to retake the examination.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.06 Examinations for Professional Fertilizer Applicator Certificate.

A. Each applicant for certification shall pass a written examination given by the Department.

B. Each applicant shall register with the Department at least 1 month before the scheduled examination date.

C. The Department shall give the examination at least once a year.

D. There is a $10 fee for each reexamination.

E. The Department shall publish and maintain a list of all certified professional fertilizer applicators on its website.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.07 Business Licenses.

A. Each location that employs a person who is paid to fertilize turf shall have a license as provided under §B of this regulation.

B. An applicant for license or renewal of a business license shall:

(1) Apply to the Department on a departmental form;

(2) Designate an employee who is a certified professional fertilizer applicator; and

(3) Pay a $50 fee.

C. Vehicle Identification Requirement. If the business provides turf fertilization services for hire, the business license number, preceded by the letters “MDA,” shall appear on any service vehicle used on a job site.

D. Duration and Renewal.

(1) A license is valid beginning January 1, or whenever obtained, until the following December 31. For a license due to expire on June 30, 2022, the new expiration date is December 31, 2022.

(2) If an application for renewal of a business license is received by the Department more than 30 days after the expiration date of the license, the applicant is subject to a $30 late fee.

(3) Renewals may be issued to licensees provided they have a record of compliance with the requirements of this chapter and continue to employ at least one certified professional fertilizer applicator.

E. Each licensee shall immediately notify the Department in writing if there is a change in business ownership, name, address, phone number, or certified professional fertilizer applicator.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.08 Trained Employees.

A. The licensee shall annually register with the Department each person who applies fertilizer for hire under the direct supervision of a certified professional applicator.

B. There is a $15 fee for each employee registered.

C. Each trained employee shall receive initial and annual training in fertilizer application as determined by the Department.

D. Each employer shall document the time and dates of required training. Training shall be completed before the employee is registered with the Department.

E. The Department shall issue a registration card to each trained employee. Trained employees shall carry their registration card at all times when fertilizing turf, and shall show the registration card at the request of the Department. Upon termination, the trained employee shall return the identification card to the employer.

F. Registration is valid from January 1, or whenever registered, until the following December 31. For a registration due to expire on June 30, 2022, the new expiration date is December 31, 2022.

G. If an application for renewal of a registration of a trained employee is received by the Department more than 30 days after the expiration date of the registration, the applicant is subject to a $30 late fee.

H. The employer shall notify the Department immediately after the termination of a trained employee, and shall return the registration card to the Department within 15 days.

I. Upon request, the Department may approve the training program of any outside agency, educational institution, or company.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.09 General Requirements for the Application of Fertilizer.

A. A professional fertilizer applicator or trained employee may not:

(1) Apply fertilizer intended for use on turf to an impervious surface; or

(2) Apply fertilizer containing nitrogen or phosphorus to turf:

(a) At any time when the ground is frozen;

(b) Within 15 feet of waters of the State, however, if using a drop spreader, rotary spreader with a deflector or a targeted spray, then the distance may be reduced to 10 feet; or

(c) In an amount that is inconsistent with the annual recommended rate established by the University of Maryland (Maryland Nutrient Management Manual I-E1, COMAR 15.20.07.02).

B. A professional fertilizer applicator or trained employee may not apply enhanced efficiency fertilizer to turf:

(1) At a rate exceeding 2.5 pounds per 1,000 square feet of nitrogen per year;

(2) Before March 1 or after November 15 of any calendar year;

(3) In excess of 80 percent of the total annual recommended rate of nitrogen established by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1, COMAR 15.20.07.02); and

(4) Having a release rate in excess of 0.7 pounds per 1000 square feet of nitrogen per month.

C. Except as specified for enhanced efficiency fertilizer, neither a professional fertilizer applicator, nor a trained employee may apply fertilizer to turf:

(1) At an application rate of more than 0.7 pounds per 1000 square feet of water-soluble nitrogen; and

(2) At an application rate of more than 0.9 pounds per 1,000 square feet of total nitrogen.

D. Except as provided for in §C(2) of this regulation:

(1) A professional fertilizer applicator or trained employee shall apply nitrogen or phosphorus to turf only from March 1 through November 15 of any calendar year; and

(2) From November 16 through December 1, a professional fertilizer applicator or a trained employee may apply up to 0.5 pounds per 1,000 square feet of water-soluble nitrogen.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.10 Soil Testing.

A. Except as provided for in §B of this regulation, a professional fertilizer applicator or trained employee shall obtain a soil test prior to any initial application of P2O5 and prior to any second application of nitrogen to a management unit.

B. A soil test is not required if:

(1) The nutrient application is made for the purpose of establishing turf on bare ground; and

(2) The nutrient application is made in accordance with the seeding recommendations of the University of Maryland Extension (Maryland Nutrient Management Manual I-E2, COMAR 15.20.07.02):

(a) The land has been disturbed such as by construction or tillage; or

(b) A lawn patch product is used.

C. If a soil test, that is not more than 3 years old, exists for the property, it shall be used to determine the appropriate P2O5 application.

D. Section B of this regulation does not authorize a professional fertilizer applicator or a trained employee to apply fertilizer containing phosphorus to turf when over seeding without basing the application on the results of a soil test.

E. Any subsequent fertilizer applications to the same management unit shall be based on the results of a soil test.

F. Soil tests are valid for 3 years.

G. The soil test shall be obtained from a laboratory which uses a method that is approved by the University of Maryland for use in Maryland.

H. Soil tests shall be associated with individual properties or management units.

I. The University of Maryland shall identify laboratories that follow the soil testing methods and procedures recommended for use in Maryland. Professional fertilizer applicators must convert the soil test value for phosphorus to the equivalent University of Maryland Fertility Index Value to determine the appropriate University of Maryland Extension recommendation for P2O5 (Maryland Nutrient Management Manual II-B, COMAR 15.20.07.02).

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.11 Phosphorus Restrictions.

A. Neither a professional fertilizer applicator, nor a trained employee may apply an organic or natural organic fertilizer containing phosphorus to turf unless;

(1) A soil test taken not more than 3 years before the application indicates a low or medium level of phosphorus as determined by the equivalent University of Maryland FIV;

(2) The fertilizer application rate does not exceed the rate recommended by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02); and

(3) The fertilizer is a low phosphorus fertilizer.

B. Neither a professional fertilizer applicator, nor a trained employee may apply a fertilizer, which is not an organic or natural organic fertilizer, containing phosphorus to turf unless either:

(1) The application is made based on the results of a soil test taken not more than 3 years before the application and the application rate does not exceed the rate recommended by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02); or

(2) The application is made for the purpose of establishing turf on bare ground and the application is made in accordance with the seeding recommendations of the University of Maryland Extension (Maryland Nutrient Management Manual I-E2, COMAR 15.20.07.02), and either:

(a) The land has been disturbed such as by construction or tillage; or

(b) A lawn patch product is used.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.12 Other Nutrient Sources.

In determining the amount of nitrogen and phosphorus fertilizer that may be applied, professional fertilizer applicators shall account for the amount of nutrients known to have been applied in any compost, effluent or other organic nutrient sources, or soil conditioners as specified by the Department, and make necessary adjustments to comply with the annual University of Maryland Extension recommendations (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.13 Record-Keeping and Reporting Requirements for Licensees.

A. The records required by this regulation shall be kept in a form approved by the Department.

B. Each licensee shall maintain for 3 years records of each fertilizer, or non-fertilizer nutrient application. The following information shall be recorded, when applicable:

(1) Name of applicator;

(2) Date of application;

(3) Size of the area;

(4) Address of the property;

(5) Fertilizer analysis;

(6) Rate of fertilizer application;

(7) Total amount of fertilizer used; and

(8) An original or legible copy of the label of the fertilizer used.

C. The records required under this section shall be made available for inspection at the Department’s request.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.14 Annual Reporting.

A. Each licensee shall submit an annual report to the Department on a form designated by the Department.

B. This report shall be submitted by March 1 of each calendar year and information provided will summarize fertilizer applications in the previous calendar year.

C. Failure to submit this report by March 1 may result in the suspension of a business license or professional fertilizer applicator certificate.

Cross References

15.20.10.15A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.15 Assessment of Civil Penalty.

A. The Department may impose a civil penalty on a person who violates any provision of Regulations .02—.14 of this chapter.

B. The Department may impose a civil penalty of not more than $1,000 for a first violation, and a civil penalty of not more than $2,000 for each subsequent violation.

C. Each day a violation occurs under this section is a separate violation.

D. The total penalties imposed on a person for violations of this section that result from the same set of facts and circumstances may not exceed $10,000.

E. In assessing a civil penalty imposed under this regulation, the Department shall give consideration to:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator, but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) Any actual harm to human health or to the environment, including injury to, or impairment of, the use of the waters of this State or the natural resources of this State;

(3) The cost of control;

(4) The nature and degree of injury to, or interference with, general welfare, health, and property;

(5) The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health and safety; and

(6) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

F. A person aggrieved by any decision of the Department over the assessment of a civil penalty imposed under this chapter may appeal under Agriculture Article, §2-405, Annotated Code of Maryland.

G. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall promptly pay the penalty to the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.16 Non-Professional Fertilizer Applicators.

A. A non-professional fertilizer applicator may not;

(1) Apply fertilizer intended for use on turf to an impervious surface;

(2) Apply fertilizer containing nitrogen or phosphorus to turf:

(a) At any time when the ground is frozen;

(b) Before March 1 or after November 15 of any calendar year; or

(c) Within 15 feet of waters of the State, however, if using a drop spreader, rotary spreader with a deflector or a targeted spray, then the distance may be reduced to 10 feet.

B. A non-professional fertilizer applicator may not apply enhanced efficiency fertilizer to turf:

(1) At a rate exceeding 2.5 pounds per 1,000 square feet of nitrogen per year;

(2) In excess of 80 percent of the total annual recommended rate of nitrogen established by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02);

(3) That has a release rate in excess of 0.7 pounds per 1,000 square feet per month of nitrogen; or

(4) Before March 1 or after November 15 of any calendar year.

C. Except as specified in §B of this regulation, for enhanced efficiency fertilizer, a non-professional fertilizer applicator may not apply fertilizer to turf:

(1) At an application rate of more than 0.7 pounds per 1,000 square feet of water-soluble nitrogen;

(2) At an application rate of more than 0.9 pounds per 1,000 square feet of total nitrogen;

(3) That contains less than 20 percent slow-release nitrogen; or

(4) In an amount that is inconsistent with the annual recommended rate established by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02).

D. Phosphorus Restrictions. A non-professional fertilizer applicator may not apply a fertilizer containing phosphorus to turf unless either:

(1) The application is made based on the results of a soil test taken not more than 3 years before the application, and the application rate does not exceed the rate recommended by the University of Maryland Extension (Maryland Nutrient Management Manual I-E1 and I-E2, COMAR 15.20.07.02); or

(2) The application is made for the purpose of establishing turf on bare ground, and the application is made in accordance with the seeding recommendations of the University of Maryland Extension (Maryland Nutrient Management Manual I-E2, COMAR 15.20.07.02) and either:

(a) The land has been disturbed such as by construction or tillage; or

(b) A lawn patch product is used.

E. Counties, municipalities, or other political subdivisions of the State may enforce this regulation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
COMAR 15.20.10.17 Exemptions.

Educational institutions and researchers may apply to the Department for an exemption to these regulations for research, education, and demonstration purposes.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .04 and .06 under new Chapter, Fertilizer Application Requirements for Land Not Used for Agricultural Purposes, adopted effective May 13, 2013 (40:9 Md. R. 789)
  • Administrative History: Regulations .01—.03 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .05D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .07 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .07D amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations .08 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Administrative History: Regulations .08F amended effective May 16, 2022 (49:10 Md. R. 562)
  • Administrative History: Regulations 09—.17 adopted effective October 28, 2013 (40:21 Md. R. 1780)
  • Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland

15.20.11 Maryland Agricultural Certainty Program

COMAR 15.20.11.01 Scope.

A. This chapter establishes the requirements and standards to be met for agricultural operations to achieve voluntary certification under the Maryland Agricultural Certainty Program and the privileges and responsibilities that arise through certification.

B. The purpose of the Program is to accelerate the implementation of best management practices to meet State agricultural nitrogen, phosphorus, and sediment reduction goals.

C. This chapter also establishes a program for certifying professionals qualified to review and evaluate agricultural operations that apply or are enrolled in the Program.

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland
COMAR 15.20.11.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Agricultural Certainty”, “Certainty”, or “Program” means the Maryland Agricultural Certainty Program.

(2) “Agricultural operation” or “operation” means a business or activity where a person tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, or other culture.

(3) “Agricultural sources of nitrogen, phosphorus, or sediment” means sources of nitrogen, phosphorus, or sediment that originate from an agricultural operation’s land or animals. This does not include sources of nitrogen, phosphorus, or sediment that originate from residential, municipal, industrial, or a commercial activity.

(4) “Best management practice” or “BMP” means a conservation or pollution control practice that manages soil loss due to farming practices or manages animal wastes or agricultural chemicals so as to minimize movement of nitrogen, phosphorus, and sediment into waters of the State.

(5) “Certainty agreement” means a written agreement between the owner or operator of an agricultural operation and the Department, as provided under this chapter.

(6) “Certified verifier” means an individual certified by the Department under this chapter to review, inspect, and evaluate conditions, records, and management of an operation for purposes of qualifying for and maintaining compliance with the Maryland Agricultural Certainty Program.

(7) “Department” or “MDA” means Maryland Department of Agriculture.

(8) “Department of the Environment” or “MDE” means the Maryland Department of the Environment.

(9) “Farm parcel” means agricultural land that is separately described by deed or tax parcel.

(10) “Holds an interest” means a person who:

(a) Has any ownership interest or any other legal or equitable interest in an operation;

(b) Has any outside employment relationship with the owner or operator of the operation; or

(c) Has a relationship to the owner or operator of the agricultural operation as spouse, parent, child, sibling, grandchild, grandparent, step-parent, step-child, step-sibling, step-grandchild, or step-grandparent.

(11) “Interfamily transfer” means a transfer of ownership or management of an operation between or among individuals who have a familial relationship including parent, spouse, child, sibling, grandchild, grandparent, step-parent, step-child, step-sibling, step-grandchild, or step-grandparent.

(12) “Maryland Nutrient Tracking Tool” or “MNTT” means a Department-approved online platform with a performance-based calculation component that enables users to analyze agricultural parcels and their management to determine baseline compliance with the more stringent of the nutrient loading baselines outlined in either the Chesapeake Bay Total Maximum Daily Load (TMDL) for each watershed or the local TMDL that has been adopted for an impaired water body including Watershed Implementation Plan goals and any other nitrogen, phosphorus, and sediment control requirements. Through site- and operation-specific data inputs, the calculation component can generate multiple management scenarios and compute the nutrient reductions achieved by the application of agricultural best management practices.

(13) “Nutrient management plan” or “NMP” means a plan that complies with the requirements of COMAR 15.20.07 and 15.20.08 that is prepared by a certified nutrient management consultant to manage the amount, placement, timing, and application of manure, fertilizer, biosolids, or other plant nutrients in order to:

(a) Minimize nutrient loss or runoff; and

(b) Maintain the productivity of soil when growing agricultural products.

(14) “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(15) “Soil conservation and water quality plan” or “SCWQP” means a farm plan approved by a local soil conservation district to minimize soil erosion and to minimize the movement of sediment, animal waste, nutrients, or agricultural chemicals into waters of the State.

(16) “Total maximum daily load” or “TMDL” means an estimate set in accordance with Clean Water Act requirements which establishes the amount of a particular pollutant, in this case nitrogen, phosphorus, or sediment inputs, that a water body can assimilate and still meet water quality standards.

(17) “Watershed Implementation Plan” or “WIP” means a plan required by the U.S. Environmental Protection Agency for achieving the pollution reduction goals and allocations necessary in implementing the Chesapeake Bay TMDL.

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland
COMAR 15.20.11.03 Eligibility.

A. Except as provided by this regulation, a person who operates an operation is eligible to apply for the Program.

B. An application for agricultural certainty shall include a farm parcel in its entirety but need not include all farms or farm parcels under the management of a person.

C. An operation or a part of an operation defined as a concentrated animal feeding operation (CAFO) in COMAR 26.08.01.01B or any operation in the process of applying for a CAFO permit is not eligible for certification under the Program.

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland
COMAR 15.20.11.04 Certification Process — Agricultural Certainty.

A. A person who applies for certification for an operation shall submit to the Department the following:

(1) An application on a Department form that includes a farm parcel in its entirety but need not include all farm parcels under the applicant’s management;

(2) Documentation from the local soil conservation district that the current SCWQP for the operation is fully implemented to address all soil conservation and water quality issues;

(3) A map identifying the location and boundaries of the operation showing field identification numbers and location of BMPs;

(4) A current NMP that is fully implemented and is developed for the operation in accordance with regulations adopted by the Department; and

(5) A report from a certified verifier engaged by the applicant that contains the information specified in §B of this regulation.

B. A certified verifier who complies with §C of this regulation and is engaged by the owner or operator of an operation to prepare a certified report in support of an application under §A of this regulation shall:

(1) Inspect the operation before making the report;

(2) Review all relevant records, including but not limited to those provided in §A of this regulation; and

(3) Prepare a report on a Department form, supplemented by the verifier, that confirms the following:

(a) The SCWQP provided by the applicant for the operation is being fully implemented and addresses all nitrogen, phosphorus, and sediment runoff issues on the operation;

(b) The NMP provided by the applicant for the operation is being implemented in accordance with applicable Department regulations COMAR 15.20.07 and 15.20.08;

(c) The agricultural management and BMPs implemented on the operation which enable that operation to meet the approved local or Chesapeake Bay TMDL baseline requirements as determined by an analysis using the MNTT; and

(d) No deficiencies exist and no corrective measures are needed on the operation.

C. A person who holds an interest in an operation may not act as a certified verifier for that operation.

D. Prior to approving an application for certification under the Program, the Department:

(1) Shall review the application and information submitted to assure that it is complete, true, and accurate and notify the applicant of any deficiencies;

(2) Shall notify MDE by providing a copy of the application or any portion of the application as requested by MDE, after receipt of which MDE shall advise the Department if:

(a) The operation holds or has applied for a permit from MDE;

(b) MDE will participate in an inspection of the operation, with the verifier if requested by MDE; and

(c) Either:

(i) MDE approves the operation, if the operation holds or has applied for a permit from MDE, for participation in the Program; or

(ii) Any conditions are required to be satisfied by the operation, if the operation holds or has applied for a permit from MDE, before MDE would approve the operation for participation in the Program;

(3) Shall determine the compliance status of the operation and applicant with all the Department’s laws, regulations, and permit conditions applicable to nitrogen, phosphorus, and sediment;

(4) Shall review information submitted by the certified verifier to assure that it meets the requirements set forth in this chapter;

(5) May inspect the operation, with the verifier if requested by the Department, and request records pertaining to the SCWQP, NMP or management otherwise related to addressing nitrogen, phosphorus, and sediment issues on the operation in order to verify the application; and

(6) Shall retain as required by law the application, information, and records in a manner that protects its confidentiality prior to certification and retain all records and information in a manner that protects the identity of the person applying in perpetuity.

E. A certification may be approved if the Department determines that an operation:

(1) Meets the laws, regulations, rules, and permit conditions applicable to the operation at the time of certification;

(2) Has no outstanding conditions resulting in movement of nitrogen, phosphorus, or sediment that impacts water quality;

(3) Receives approval from MDE if the operation is permitted or has an application submitted to be permitted by MDE;

(4) Is managed under a current SCWQP that fully implements BMPs to address all nitrogen, phosphorus, and sediment runoff on the operation;

(5) Manages fertility using a current NMP fully implemented in accordance with COMAR 15.20.07 and 15.20.08;

(6) Is in compliance with all State and federal laws, regulations, and permit conditions related to agricultural sources of nitrogen, phosphorus, and sediment on the operation;

(7) Meets the agricultural nitrogen, phosphorus, and sediment reduction thresholds required for achieving the local and Chesapeake Bay TMDLs approved by the U.S. Environmental Protection Agency at the time of certification as determined by MNTT; and

(8) Enters into the Certainty agreement required under §F of this regulation.

F. The person responsible for the management of an operation approved for the Program shall enter into a Certainty agreement with the Department identifying requirements for maintaining the certification including:

(1) Continued compliance with applicable local, State, and federal laws, regulations, and permit requirements pertaining to nitrogen, phosphorus, and sediment control;

(2) Maintenance and full implementation of a current NMP;

(3) Maintenance of BMPs that address nitrogen, phosphorus, and sediment control, and are part of the SCWQP and any other BMPs necessary to achieve certification;

(4) Meeting record-keeping and annual reporting requirements;

(5) Agreeing to site reviews and inspection of records at least once every 3 years to verify current conditions on the operation and compliance with certification requirements and recognizing that the Department reserves the right to inspect more frequently if it determines a need;

(6) Agreeing to notify the Department no later than 60 days prior to any change in the owner or operator;

(7) Agreeing to notify the Department as soon as practicable, but in any case no later than 60 days after the occurrence of any condition or event which would impact the certification under the Program, including but not limited to property title transfers or changes in the operation, pursuant to Regulation .05A(2) of this chapter, that result in or increase nitrogen, phosphorus, or sediment runoff or change adherence to TMDL baseload; and

(8) Agreeing to address within a time frame established by the Department, after concurrence by MDE, any nitrogen, phosphorus, or sediment runoff problem arising on a certified operation during the certification period through no fault of the operator.

Cross References

15.20.11.05A(1)

15.20.11.05H

15.20.11.05H(1)

15.20.11.05H(2)

15.20.11.06F(3)(d)

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland
COMAR 15.20.11.05 Agricultural Certainty Certification — General Requirements.

A. Unless suspended or revoked, a certification remains in effect for a 10-year period following approval by the Department if:

(1) The operation remains in compliance with the Certainty agreement set forth in Regulation .04F of this chapter and all other requirements of the Program under this chapter; and

(2) There are no changes to the operation, including no change in the:

(a) Operator with the exception of an interfamily transfer;

(b) Owner when it results in a change in the operator;

(c) Average annual number of animal units of 10 percent or greater; or

(d) Operation resulting in the operation being ineligible for the Program.

B. An operator who has any of the changes identified in Regulation .04F(7) or Regulation .05A(2) of this chapter shall notify the Department within 60 days and:

(1) Execute an agreement with the Department to bring the operation into compliance to meet certification requirements;

(2) Reapply for certification; and

(3) Terminate the Certainty agreement.

C. For changes in the operation that would not result in suspension of certification under this chapter, including rotation of crops, implementation of additional BMPs, or other changes that receive prior approval by MDA provided they do not exceed the allowable TMDL threshold for the operation, MDA may:

(1) Approve changes not deemed significant; and

(2) Require documentation be provided by a new MNTT analysis verifying TMDL thresholds continue to be met.

D. When nitrogen, phosphorus, or sediment runoff conditions arise as a result of natural causes, such as severe weather events, which are not within the control of the operator of the operation:

(1) The certification holder shall provide notice within 60 days to the Department describing the condition;

(2) The Department will coordinate a site inspection with MDE and may assign a certified verifier to conduct a site inspection; and

(3) Following a Department review, the Department, with concurrence from MDE, shall:

(a) Allow continuation under the Program if a repair, correction, or installation of additional BMPs to address the nitrogen, phosphorus, or sediment runoff is accomplished within a reasonably expeditious time frame identified by an agreement executed with the Department; or

(b) Suspend certification if the Department finds the condition arose due to mismanagement, lack of maintenance, or the failure of the operator of the operation to provide notice to the Department within 60 days.

E. Following the site inspection that takes place nearest to year 9 during the 10-year certification period, the operator shall take steps to address compliance issues with any new local, State, or federal law, regulation, or requirement that took effect during the Certainty agreement period.

F. After each review conducted at the direction of MDA under Regulation .06D of this chapter, the certified verifier shall list on a Department form and orally explain to the certification holder any current or proposed laws that will require changes to the operation before the 10-year completion of the Program.

G. At the expiration of the certification, an operation shall be in compliance with all laws, regulations, or permit requirements relating to nitrogen, phosphorus, and sediment runoff control that are in effect at that time.

H. An operation certified under Regulation .04 of this chapter may apply and qualify for recertification if:

(1) The application and information required under Regulation .04A of this chapter reflect current conditions as submitted to the Department;

(2) All the requirements in Regulation .04 of this chapter are met; and

(3) MDE approves the recertification if an operation is permitted or has a permit pending with MDE.

I. An operation that is certified:

(1) Except as provided in §I(2) and (3) of this regulation, is not subject during its 10-year certification period to local and State laws, regulations, or requirements enacted or adopted after the date of certification that require the reduction of agricultural sources of nitrogen, phosphorus, or sediment runoff to meet the Chesapeake Bay TMDL, including requirements of the WIP, local TMDLs, or other water quality requirements for managing agricultural sources of nitrogen, phosphorus, or sediment;

(2) Is not protected from enforcement or corrective actions related to water quality impacts or violations; and

(3) Is not protected from the application or enforcement of any other laws, regulations or permits, including the following:

(a) Corrective actions issued under Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland, which addresses, for example, water pollution abatement;

(b) Environment Article, Title 5, Annotated Code of Maryland, which addresses, for example, water resource management including flood control and water appropriations;

(c) Environment Article, Title 9, Subtitle 2, Annotated Code of Maryland, which addresses, for example, water supply systems, sewage systems, refuse disposal, and sewage sludge;

(d) Environment Article, Title 9, Subtitle 3, Annotated Code of Maryland, which addresses, for example, discharge permits;

(e) Environment Article, Title 16, Annotated Code of Maryland, which addresses, for example, wetland protection programs;

(f) Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, which addresses, for example, land use and protections in the Atlantic Coastal and Chesapeake Bays Critical Area;

(g) Growth tier maps adopted by a local jurisdiction under Land Use Article Title 1, Subtitle 5, Annotated Code of Maryland;

(h) Any State or local law or regulation that regulates the development of land;

(i) The federal Clean Water Act;

(j) Regulations governing the management of agricultural sources of nitrogen, phosphorus, or sediment initiated by the Department before the enactment of authorizing legislation for this program, including regulations to revise the phosphorus site index or to implement a phosphorus management tool, regardless of when they are adopted; or

(k) Any applicable laws enacted or regulations adopted prior to certification that are subject to a delayed implementation period.

Cross References

15.20.11.04F(7)

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland
COMAR 15.20.11.06 Verification.

A. The applicant shall employ a certified verifier who does not hold an interest in the agricultural operation, as defined by this chapter, in order to apply to the Program.

B. A certified verifier shall provide the following to the Department for the applicant’s application:

(1) Information as required on a Department form;

(2) A map delineating the boundaries of the operation and showing field identification numbers and locations of BMPs on site; and

(3) Information following an inspection and review of records for an operation applying for a Certainty agreement including:

(a) Review of the NMP and documentation of any outstanding issues;

(b) Review of the SCWQP and documentation that it:

(i) Is fully implemented to address nitrogen, phosphorus, and sediment runoff; or

(ii) Fails to address any conditions causing movement of nitrogen, phosphorus, and sediment that are impacting water quality;

(c) A farm summary showing outcomes of the MNTT assessment and an operation’s status in meeting the Chesapeake Bay or local TMDL; and

(d) Any additional BMPs implemented to meet the nitrogen, phosphorus, or sediment thresholds required by the local or Chesapeake Bay TMDL for the watershed in which the operation exists.

C. As required by law, the verifier shall keep confidential information that is collected and submitted to the Department as a result of the verification for the Certainty certification.

D. Reviews.

(1) The Department shall schedule site reviews and inspection of records at least once every 3 years for each certified operation under the Program to verify current conditions on the operation and compliance with Certainty agreement requirements.

(2) The Department shall notify MDE of operations that are to have site reviews conducted and provide copies of the verifier’s report of interim site reviews.

(3) The Department shall assign a certified verifier who:

(a) Meets qualifications set forth in Regulation .07 of this chapter;

(b) Does not hold an interest in the certified operation; and

(c) Is not the same individual who conducted the verification of the operation at the time of application.

(4) Certified verifiers assigned by the Department to conduct interim inspections and reviews shall:

(a) Contact the operator in advance of the inspection to make an appointment so the operator or his representative can be present and have records available for the review;

(b) Present a photo identification at the time of the inspection as proof of credentials; and

(c) Adhere to all biosecurity and other measures necessary to protect health and safety at the operation.

(5) Information collected and submitted as a result of the inspection shall be maintained by the verifier and the Department, as required by law, in a manner that protects the identity of the person who holds the certification for the operation.

(6) An operator shall receive a copy of the report prepared by the verifier conducting a review and inspection of records within 30 days and:

(a) May dispute information in the report that the operator believes is in error or does not accurately represent the condition or management of the operation; and

(b) May address any concerns about the verification report in writing with the Department and copy the verifier within 30 days of receiving a copy of the report.

(7) The Department may conduct an investigation that may include additional inspections to determine the actual condition and management of the operation.

E. Documentation Required by Verifiers.

(1) The certified verifier shall provide a certified report within 30 days of the interim site review and inspection to the Department as required on a Department form that includes:

(a) A map providing the boundaries of the agricultural operation that shows field numbers and the locations of any BMPs on site;

(b) A review of the NMP and implementation records to assure the plan is in accordance with COMAR 15.20.07 and 15.20.08 and is being fully implemented and documentation of any outstanding issues and necessary corrections; and

(c) Either:

(i) A review of the SCWQP and documentation that it is implemented and that it addresses all nitrogen, phosphorus, and sediment runoff issues; or

(ii) A documentation of site evaluation and any nitrogen, phosphorus, and sediment runoff issues that are outstanding or require correction, including necessary BMP maintenance.

(2) At each review the certified verifier shall provide the operator of the operation with information concerning any applicable new laws, regulations, or requirements that have become effective since the operation’s Certainty agreement and that will need to be addressed at the end of the 10-year Certainty agreement period.

F. Department Certainty Agreement Compliance Requirements.

(1) The Department shall determine whether an operation is in compliance with all State water quality programs in effect when the Certainty agreement was signed pertaining to nitrogen, phosphorus, and sediment, and review information submitted from the verifier to ascertain compliance with the Certainty agreement.

(2) The Department shall notify and provide information received from the verifier to MDE. MDE may seek additional information to assure compliance with laws, regulations, permits, or other requirements administered by MDE, including a site visit if needed and in coordination with the Department.

(3) The Department may take the following actions based on the outcome of any inspections or the report of the verifier:

(a) Determine if an operation is in compliance with the Certainty agreement;

(b) Corroborate any conditions identified as a violation of the Certainty agreement;

(c) Corroborate any conditions creating nitrogen, phosphorus, or sediment runoff and determine, in concurrence with MDE, whether they:

(i) Occurred through any fault of the operator; and

(ii) Can be corrected in a timely manner under a written agreement with the operator; or

(d) Address any failure to comply with any of the conditions described in Regulation .04E of this chapter or in the Certainty agreement as follows:

(i) Provide a time frame for the operator to come into compliance as a condition of retaining any existing Certainty agreement;

(ii) Require the operator to apply for a new Certainty certification without penalty when changes to the operation have occurred; or

(iii) After an opportunity for a hearing, revoke or suspend the certification.

Cross References

15.20.11.05F

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland
COMAR 15.20.11.07 Verifier Certification Program.

A. An individual may not be certified or act as a certified verifier as provided by this chapter unless the individual meets the following requirements to be established by the Department:

(1) Education and experience;

(2) Training; and

(3) Continuing education.

B. The Department may certify a verifier who meets the following eligibility requirements:

(1) Has 3 or more years experience developing SCWQPs or qualifies as a U.S. Department of Agriculture, Natural Resource Conservation Service, Conservation Planner level II;

(2) Is certified in Maryland to prepare NMPs; and

(3) Is certified in the use of the MNTT.

C. A verifier may remain certified only by completing at least 6 hours of Department approved training within the first year, and 12 hours thereafter for each 3-year certification period, as well as completing a training session on the use of any modified version of the MNTT within 6 months of the modification.

Cross References

15.20.11.06D(3)(a)

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland
COMAR 15.20.11.08 Record-Keeping and Reporting Requirements.

A. A person who manages an operation certified under the Program shall submit annually to the Department on or before March 1, information for the previous calendar year, as follows:

(1) A Department reporting form that includes the person’s signed certification that the operation has been managed in accordance with the Certainty agreement and will continue to be so managed during the upcoming calendar year;

(2) Current NMP records including soil analysis within the last 3 years for land receiving nutrients, fertility recommendations for crops produced, nutrients applied by source and crop type, and a map identifying the location and boundaries of the operation showing field identification numbers and location of BMPs; and

(3) SCWQP records related to implementation of any additional BMPs during the reporting period.

B. A person who operates an operation certified under the Program shall keep the following records:

(1) All NMPs and records used to manage soil fertility during the certification period and for 3 years following the termination of any certification; and

(2) The SCWQP for the operation and any updates, information, or documentation that addresses plan implementation or installation of additional BMPs during the certification period and for 3 years following the termination of any certification.

C. Public Access to Program Information.

(1) As required by law all records concerning any agricultural operation shall be maintained by the Department and shall be made available for public review, in a manner that provides the greatest public disclosure of records and information, after the Department redacts records to protect the identity of the person to whom the record or information relates.

(2) The Maryland Public Information Act applies to any request for records.

D. Annual Reporting.

(1) The Department shall submit an annual report to the Governor, the Senate Education, Health, and Environmental Affairs Committee, and the House Environmental Matters Committee on or before December 31, beginning in 2014.

(2) The annual report shall include:

(a) Acres of agricultural land certified under the program and presented by county and watershed at a scale consistent with that applied by the MNTT;

(b) Presentation of information to protect the identity of the certified agricultural operator in accordance with the requirements of the law; and

(c) Recommendations of the Oversight Committee.

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland
COMAR 15.20.11.09 Denial, Suspension, or Revocation of Certificate.

A. Certification of Operations.

(1) After the opportunity for a hearing, the Department may deny, suspend, or revoke the certification of any person who:

(a) No longer meets the eligibility requirements of the Program;

(b) Violates any of the regulatory requirements of this chapter;

(c) Provides misleading, false, or fraudulent information in applying for a certification;

(d) Provides the Department with any misleading, false, or fraudulent report;

(e) Fails to promptly provide any report or to allow the Department access to inspect any operation certified under the Program or any record required to be kept by this chapter;

(f) Fails to comply with Certainty agreement for the operation; or

(g) Performs any action or fails to act in such a manner that the Department determines provides other good cause to deny, suspend, or revoke the certification.

(2) The Department shall give notice and hold hearings in accordance with the Administrative Procedure Act.

(3) The Department may consider the following when assessing whether suspension or revocation is warranted:

(a) The willfulness of the violation;

(b) The extent to which the existence of the violation was known to the violator, but uncorrected by the person;

(c) The extent to which the person exercised reasonable care;

(d) Any actual harm to human health or to the environment or the natural resources of the State;

(e) The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; and

(f) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the person.

B. Certification of Verifiers.

(1) After the opportunity for a hearing, the Department may deny, suspend, or revoke the certification of any verifier who:

(a) No longer meets the eligibility requirements of the Program;

(b) Violates any of the regulatory requirements of this chapter;

(c) Provides the Department with any misleading, false, or fraudulent report;

(d) Fails to promptly provide any report or any record required to be kept by this chapter;

(e) Fails to adhere to confidentiality requirements required by this chapter;

(f) Fails to meet continuing education requirements for verifiers;

(g) Is determined to be negligent or incompetent; or

(h) Performs any action or fails to act in such a manner that the Department determines provides other good cause to deny, suspend, or revoke the certification.

(2) The Department shall give notice and an opportunity to be heard in accordance with the Administrative Procedure Act.

(3) The Department may consider the following when assessing whether suspension or revocation is warranted:

(a) The willfulness of the violation;

(b) The extent to which the existence of the violation was known to the violator, but uncorrected by the person;

(c) The extent to which the person exercised reasonable care; and

(d) Any actual harm to human health or to the environment or the natural resources of the State.

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland
COMAR 15.20.11.10 Agricultural Certainty Oversight Committee.

A. There is an Agricultural Certainty Oversight Committee. The responsibility of the Oversight Committee includes:

(1) Assisting in the development of regulations that govern the Program;

(2) Monitoring and providing oversight on the development and implementation of policies and standards relating to the Program;

(3) Evaluating performance of the Program and making recommendations for improvements to the Program based on information provided by the Department; and

(4) Reviewing the draft annual report and other information to make recommendations.

B. The Oversight Committee meets when necessary to provide recommendations for developing regulations for the Program and thereafter a minimum of once a year to carry out its responsibilities.

History

  • Administrative History: Effective date: January 5, 2015 (41:26 Md. R. 1571)
  • Authority: Agriculture Article, §§8-1001—8-1013, Annotated Code of Maryland

15.20.12 Agricultural Nutrient and Sediment Credit Certification Program

COMAR 15.20.12.01 Scope.

A. This chapter establishes the requirements and standards for the generation and certification of nonpoint source nutrient and sediment credits on agricultural land under the Agricultural Nutrient and Sediment Credit Certification Program.

B. The purpose of the Program is to reduce the amount of nitrogen, phosphorus, and sediment entering the Chesapeake Bay and its tributaries through support of a form of water quality trading utilizing a market-based strategy.

C. This chapter also establishes the protocols for approving professionals qualified to evaluate and review agricultural operations for eligibility and compliance with the Program.

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Aggregator” or “Broker” means a person who collects and compiles credits from individual agricultural non-point sources to resell them.

(2) “Agronomic Practice” means an annual crop or soil practice that reduces or minimizes nutrient or sediment loss. Examples include but are not limited to cover crops, conservation tillage, reductions in nitrogen fertilizer application, and precision agriculture.

(3) “Agricultural Land” or “Farm” means a parcel of land which has an Agricultural Use Assessment as determined by the Department of Assessments and Taxation.

(4) “Agricultural operation” or “Operation” means a business or activity where a person tills, crops, keeps, pastures, or produces an agricultural product, including but not limited to livestock, poultry, plants, trees, sod, food, feed or fiber by in ground, out-of-ground, or other culture.

(5) “Animal Waste Management System Plan” means a plan developed and approved by a local soil conservation district to identify and address the management of animal waste generated on an agricultural operation, including operation and maintenance guidelines.

(6) “Baseline” means the level of nutrient and sediment reduction, expressed as an annual nitrogen, phosphorus, or sediment per-acre loading rate that an agricultural nonpoint source seller’s operation is required to achieve before the seller becomes eligible to enter the trading market and sell credits.

(7) “Best Management Practice” or “BMP” means an agronomic, conservation, or pollution control practice, installation, or structure that manages soil loss, nutrients, animal wastes, or agricultural chemicals so as to minimize their movement into the waters of the State.

(8) “Category 1 Practice” means a BMP as determined by the Department and approved by the Chesapeake Bay Program Partnership that is currently in widespread use, with fully documented installation and maintenance specifications and well-established and understood nutrient and sediment removal efficiencies.

(9) “Category 2 Practice” means a BMP that is currently in use and is acceptable by the Department but nutrient removal efficiencies are not well established, or a practice required by state regulation.

(10) “Category 3 Practice” means a new or innovative technology or practice as determined by the Department that is not in widespread use and for which no recognized nutrient removal efficiency exists.

(11) “Credit” means a pollution reduction credit or the unit of trade that is equal to one pound of nitrogen, phosphorus, or sediment delivered to a specified location per year.

(12) “Department” means the Maryland Department of Agriculture.

(13) “Land Conversion Practices” means a change in management on an agricultural operation that involves a shift to less nutrient-intensive agricultural land use, including but not limited to the installation of forest or grass buffers, the retirement of highly erodible lands, or the switch to alternative or perennial crops.

(14) “Maryland Nutrient Tracking Tool” or “MNTT” means a Department approved online performance-based calculation platform that enables users to analyze agricultural parcels and their management to determine eligibility and credit generation potential for participation in the Program.

(15) “Nonpoint Source” means a source of pollution that is not from a single point of origin or from a specific outlet. Nonpoint source pollution generally results from land runoff, precipitation, atmospheric deposition, drainage, seepage, or hydrologic modification.

(16) “Nutrient and Sediment Credit Certification Program” or “Program” means the program established under this Chapter giving the Maryland Department of Agriculture the authority to certify, verify, and register agricultural nonpoint source nutrient and sediment credits in support of market-based trading activities to fund agricultural practices that enhance water or air quality or both by further reducing nutrient or sediment runoff, movement, or emissions below baseline.

(17) “Nutrient Management Plan” or “NMP” means a plan that complies with the requirements of COMAR 15.20.07 and 15.20.08 that is prepared by a certified nutrient management consultant to manage the amount, placement, timing, and application of manure, fertilizer, biosolids, or other plant nutrients in order to:

(a) Minimize nutrient loss or runoff; and

(b) Maintain the productivity of soil when growing agricultural products.

(18) “Nutrient or Sediment Reduction” means the difference between the nutrient and sediment loads delivered to a specified location achieved by implementation of best management practices and the current load after meeting eligibility requirements.

(19) “Operator” means a person who is the owner of an agricultural operation or a lessee who has the owner’s expressed consent to operate or manage an agricultural operation.

(20) “Person” means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(21) “Soil Conservation and Water Quality Plan” or “SCWQP” means a farm plan approved by a local soil conservation district to minimize soil erosion and to minimize the movement of sediment, animal waste, nutrients, or agricultural chemicals into waters of the State.

(22) “Structural Practice” means a practice acceptable by the Department that reduces or minimizes nutrient or sediment loss through the installation or construction of physical edifices, barriers, or systems to trap, block, or filter pollutants, including but not limited to manure sheds, fencing, grassed waterways, and constructed wetlands.

(23) “Total Maximum Daily Load” or “TMDL” means the amount of a particular pollutant, in this case nitrogen, phosphorus, or sediment inputs, that a water body can assimilate and still meet water quality standards.

(24) “Watershed Implementation Plan” or “WIP” means the plan developed by a jurisdiction showing how the jurisdiction, in partnership with federal and local governments, will achieve and maintain the pollution reduction goals and allocations necessary in implementing the Chesapeake Bay TMDL.

Cross References

26.03.13.03F(1)(b)

26.08.11.03B(3)

26.08.11.03B(5)

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.03 Eligibility for Credit Certification.

Except as provided by this regulation, the following persons are eligible to have credits certified by the Department in support of nutrient and sediment trading activities:

A. An owner or lessee, with owner’s consent, who operates an agricultural operation and who demonstrates that:

(1) The agricultural management and BMPs implemented on the operation enables that operation to meet baseline requirements pursuant to Regulation .04 of this chapter;

(2) A current Nutrient Management Plan is being implemented in accordance with COMAR 15.20.07 and 15.20.08;

(3) A SCWQP has been developed and approved for the agricultural operation and all implemented BMPs are documented, operated, and maintained in accordance with the SCWQP;

(4) An adequate manure storage and runoff system is maintained as required in an Animal Waste Management System Plan, or in the case of a Confined Animal Feeding Operation, a Comprehensive Nutrient Management Plan or SCWQP and NMP as required by permit;

(5) The lessee has been granted authority for control of the land for the term of the credit certification; and

(6) The operation is in compliance with all applicable local, State, and federal laws, regulations, and programs.

B. A broker or an aggregator, as defined by this chapter, who provides proof of the following to the Department:

(1) Demonstration of permission by the credit generator to submit for certification and sell nutrient and sediment credits; and

(2) Demonstration that the credit generator meets all requirements as provided by this chapter.

C. Any person engaged in reducing impacts of agricultural nutrients or sediment to the environment and who provides proof of the following to the Department:

(1) Demonstration of permission by the landowner to conduct nutrient or sediment removal activities; and

(2) Demonstration that the credit generator is conducting nutrient or sediment removal activities in accordance with applicable local, state, and federal laws, regulations, and programs.

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.04 Baseline Requirements.

A. A person may not generate nutrient or sediment credits, unless that person’s agricultural operation meets a baseline level of nutrient or sediment reduction which is the more stringent of either the applicable Chesapeake Bay or local TMDL as calculated on the entire farm in aggregate using the MNTT analysis.

B. A person may meet the baseline nutrient reduction requirement by using only the following:

(1) Current agronomic practices, including cropping rotation as documented in the operation’s current NMP and SCWQP; and

(2) Existing operator adopted or installed structural or other BMPs; or

(3) Existing structural or other BMPs implemented with federal, State, or private cost-share assistance.

Cross References

15.20.12.03A(1)

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.05 Agricultural Nutrient and Sediment Credit Generation.

A. If the provisions of §B of this regulation are met, agricultural nutrient and sediment credits may be generated from any of the following improvements that the Department determines will provide additional reductions in the discharge of farm nutrients and/or sediment:

(1) Existing or planned agronomic practices;

(2) Land conversion practices; or

(3) Installation of structural practices.

B. Acceptable practices shall be consistent with the following:

(1) The practice does not result in the idling of whole or substantial portions of productive farmland to provide nutrient credits as determined by the Department after considering location, soil type, slope, and potential soil loss or erodibility;

(2) The practice is approved by a local soil conservation district but was not implemented using state or federal cost-share monies, or private cost-share monies identified by the Department, and is currently maintained by the owner/operator at his own expense; or

(3) The practice was implemented through a state or federal cost-share program, or a mitigation banking program, or with private cost-share monies identified by the Department, but has exceeded its specified lifespan as determined under the cost-share contract and is deemed by the Department as now being properly maintained by the owner/operator at his own expense.

C. Credits generated on the agricultural operation will be calculated by the Department as follows:

(1) Category 1 Practices will be calculated using the MNTT.

(2) Category 2 Practices require review by an independent technical panel established by the Department to ascertain the appropriate nutrient and sediment removal efficiencies and determine effectiveness estimates.

(3) Category 3 Practices, together with specifications for installation, operation, maintenance, and monitoring, require scientific analysis and technical review by an independent technical panel established by the Department to evaluate nutrient and sediment removal efficiencies and determine best practice definitions and effectiveness estimates.

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.06 Lifespan of Credits.

A. A practice may only generate credits when it is installed or placed into operation and all appropriate operation and maintenance guidelines are being followed. The Department shall consider the total estimated annual credits generated from any practice installed and given final certification within a given year to be generated the following year starting January 1.

B. Credits may be certified for more than 1 year but shall only be applied annually.

C. The Department shall include the number of years a credit is valid as part of the credit registration.

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.07 Approval and Registration of Credits.

A. A person who applies to the Department for approval of agricultural nonpoint source nutrient or sediment credits shall:

(1) Complete and sign a Certification and Registration Form provided by the Department and furnish a copy of the Farm Summary Worksheet generated by MNTT;

(2) Provide a copy of the current NMP; and

(3) Provide a copy of the current SCWQP with a map identifying the location and boundaries of the operation and showing field identification numbers, field acreage, and the location of BMPs, together with the specifics of any credit generation proposal.

B. The Department shall review each application to determine the following:

(1) That the baseline requirements are met as provided in this chapter;

(2) That all credit generating improvements qualify for certification;

(3) That both the landowner and the operator have consented in writing to all of the requirements under this chapter, including but not limited to inspection or suspension or revocation of credits by the Department and the waiver of confidentiality for any information the operation submits to the Department, including but not limited to the operator’s NMP and SCWQP;

(4) That all legal and regulatory compliance requirements are met; and

(5) That credit calculations and all other information are correct and that the applicant has complied with all the requirements of this chapter.

C. The Department or its designee shall visit any farm operation to verify the baseline requirements and that the applicant’s credit generation proposal is effective and appropriate in reducing the discharge of nutrients or sediment from the farm. In addition, credits certified pending implementation of a BMP or other improvement are subject to further inspection to verify that the proposed generating practice is in place and functioning correctly.

D. Proposals for improvements for generating credits will be reviewed by the Department and may include requirements for demonstration projects, the collection of sufficient data to evaluate results, and any other information needed to determine the validity of the credits. In some cases, development of the specifications and certification of the credits could be a multi-year process.

E. The Department may issue a pre-certification of credits based on pending implementation of the proposed improvements.

F. The Department shall only certify credits once the practice or practices generating those credits are installed and fully operational.

G. Upon approval and verification of any application for agricultural nutrient and sediment credits, the Department shall assign each credit a unique registration number and provide for their registration on the Department’s online trading registry.

H. The Department shall document the basis for denying an application and provide this information in writing to the applicant.

I. As required by law, all records concerning the certification of credits shall be maintained by the Department and shall be made available for public review in accordance with requests made under the Maryland Public Information Act.

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.08 Annual Verification and Reporting.

A. All trades involving agricultural credits certified by the Department require, at minimum, annual credit verification and reporting. Inspections will be scheduled as appropriate to practice type.

B. A person who buys certified credits shall employ a Department-approved verifier who does not hold an interest in the agricultural operation generating the credits or was not involved in the original application or qualification of the credits.

C. Following the site visit to the agricultural operation, the verifier shall provide the following to the Department:

(1) Information as required on a Verification Report form; and

(2) Information following an inspection and review of the records for the agricultural operation including:

(a) Review of the current NMP and documentation that it continues to be implemented in accordance with COMAR 15.20.07 and 15.20.08;

(b) Review of the current SCWQP and documentation that it continues to be implemented and addresses all nitrogen, phosphorus, and sediment runoff and emission issues as specified;

(c) Documentation that the agricultural management and BMPs implemented continue to meet baseline compliance and that all credit generating practices continue to be operated and maintained in accordance with the terms of the trading contract and the requirements of this chapter; and

(d) Confirmation that no deficiencies exist and no corrective measures are needed or a detailed description of deficiencies and required corrective actions.

D. The Department, Maryland Department of the Environment, the buyer and the seller, and the owner or operator shall receive a copy of the report prepared by the verifier conducting any inspection and records review within 30 days of the site visit.

E. The Department may issue a corrective action order which allows a time period for repairs or other remedies to bring any deficiencies into compliance. The Department may require additional inspections and written substantiations that corrective measures have been taken. Any such action or actions by the Department does not preclude the Maryland Department of the Environment from exercising its authority when agricultural credits are incorporated into issued discharge permits.

F. Within 30 days of receiving a copy of the report, an owner or operator may dispute information in the report that owner or operator believes is in error or does not accurately represent the condition or management of the operation and may address these concerns in writing to the Department with a copy the to the verifier.

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.09 Departmental Review.

A. The Department shall schedule site inspections and records reviews on at least 10 percent of all traded credits annually.

B. The Department shall assign an approved verifier who:

(1) Meets qualifications provided in Regulation .10 of this chapter; does not hold an interest in the agricultural operation generating certified credits;

(2) Does not hold an interest in the agricultural operation generating certified credits; and

(3) Is not the same individual who conducted either the assessment or verification of the operation at the time of application.

C. Verifiers assigned by the Department to conduct interim inspections and reviews shall:

(1) Contact the operator in advance of the inspection to make an appointment so the operator or his representative can be present and have records available for the review;

(2) Present a photo identification at the time of the inspection as proof of credentials; and

(3) Adhere to all biosecurity and other measures necessary to protect health and safety at the operation.

D. An owner or operator and all other affected parties shall receive a copy of the report prepared by the verifier conducting the inspection and review of the records within 30 days of the site visit;

E. An owner or operator may dispute information in the report that the operator believes is in error or does not accurately represent the condition or management of the operation and may address these concerns in writing with the Department and copy the verifier within 30 days of receiving a copy of the report.

F. The Department may conduct an investigation that may include additional inspections to determine the actual condition and management of the operation.

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.10 Verifier Approval Protocol.

A. An individual may not be approved to act as a verifier as provided by this chapter unless the individual meets the following requirements to be established by the Department:

(1) Education and experience;

(2) Training; and

(3) Continuing education.

B. The Department may approve a verifier who meets the following eligibility requirements:

(1) Has 3 or more years of experience developing SCWQPs or qualifies as a U.S. Department of Agriculture, Natural Resource Conservation Service Conservation Planner level II;

(2) Is certified in Maryland to prepare NMPs in accordance with applicable Department regulations COMAR 15.20.04; and

(3) Has completed Department training in the use of the MNTT.

C. A verifier may only remain eligible to perform verifications by completing at least 6 hours of Department approved training within the first year, and 12 hours thereafter every 3 years.

D. After the opportunity for a hearing, the Department may deny, suspend, or revoke the approval of any verifier who:

(1) No longer meets eligibility requirements;

(2) Violates any of the regulatory requirements of this chapter;

(3) Provides the Department with any misleading, false, or fraudulent report;

(4) Fails to promptly provide any report or any record required to be kept by this chapter;

(5) Fails to meet the continuing education requirements for verifiers;

(6) Is determined to be negligent or incompetent; or

(7) Fails to act in such a manner that the Department determines provides other good cause to deny, suspend, or revoke approval.

Cross References

15.20.12.09B(1)

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland
COMAR 15.20.12.11 Enforcement.

Suspension or Revocation of Credit Certification.

A. The Department may suspend or revoke certification of an agricultural nonpoint source nutrient credit for any violation of Agriculture Article, Title 8, Subtitle 9, Annotated Code of Maryland, any violation of this chapter, or the following:

(1) Failure to adopt or install any practice or activity certified pending implementation in conformity with standards and specifications or to differ substantially from the original credit generation proposal;

(2) Failure to maintain any practice or activity as required by the operation’s SCWQP;

(3) Failure to take timely steps to remedy any deficiencies reported by the verifier, in response to a corrective action order by the Department, or as a result of a Department review;

(4) Failure to sell credits during their certified lifespan; and

(5) Performance of any other action or failure to act in such a manner that the Department determines provides other good cause to suspend or revoke the certification.

B. Notice of the suspension or revocation of credit certification will be issued with an effective date to the credit owner and all other affected parties and will also be published on the trading program website;

C. An owner or operator may dispute findings of violations or failures by requesting an opportunity to be heard in writing to the Secretary of Agriculture within 30 days of receiving notice; and

D. Suspension or revocation of credit certification does not preclude any other punitive action that may be taken by another public or private entity.

History

  • Administrative History: Effective date: May 9, 2016 (43:9 Md. R. 531)
  • Administrative History: Regulation .01B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .02B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .07C, G amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .08 amended effective August 29, 2016 (43:17 Md. R. 956)
  • Administrative History: Regulation .09A, D amended effective August 29, 2016 (43:17 Md. R. 956)
  • Authority: Agriculture Article, §§2-103(b), 8-902, and 8-903, Annotated Code of Maryland

15.20.13 Food Processing Residuals Utilization Program

COMAR 15.20.13.01 Purpose and Scope.

A. The purpose of this chapter is to establish requirements and control measures for the utilization of food processing residuals.

B. These regulations specifically apply to all persons engaged in the following utilization activities of food processing residuals, or any product containing this food processing residuals, which is utilized in the State of Maryland:

(1) Transportation, Regulations .12—14. of this chapter;

(2) Storage facility, Regulations .15—.19 of this chapter; and

(3) Agricultural land, Regulations .20—.23 of this chapter;

C. A person may not engage in food processing residuals utilization in a manner which will likely:

(1) Cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department;

(2) Create a nuisance; or

(3) Cause a discharge of constituents to waters of this State.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.02 Incorporation by Reference.

A. The performance and technical standards provided in this chapter pertaining to the land application and storage of food processing residuals are found in the Maryland Nutrient Management Manual, which is incorporated by reference in COMAR 15.20.07.02.

B. A person utilizing food processing residuals in conjunction with an agricultural operation shall follow the performance and technical standards set forth in the following chapters of the Maryland Nutrient Management Manual:

(1) For utilization pertaining to the land application of food processing residuals, Section I (“Nutrient Recommendations”), Subsection D (“Nutrient Application Requirements”):

(a) Chapter I: General Guidelines;

(b) Chapter II: Definitions;

(c) Chapter III: Setbacks for Nutrient Application;

(d) Chapter V: Temporary Field Stockpiling (Staging) for Stackable Organic Nutrient Sources Materials (Equal to or less than 75% Moisture Content); and

(e) Chapter VI: Food Processing Residuals; and

(2) For utilization pertaining to the storage of food processing residuals, Section III (“Animal Manure and Waste Management”), Subsection G (USDA-NRCS Field Office Technical Guide — Maryland/D.C. Area - Waste Storage Facility — 313):

(a) Chapter I: Conservation Practice Standard — Waste Storage Facility — Code 313 (2024);

(b) Chapter II: Operation & Maintenance Plan — Waste Storage Facility (313) (2021);

(c) Chapter III: Maryland Conservation Practice Construction Specification — Waste Storage Facility (2021); and

(d) Chapter IV: Statement of Work — Waste Storage Facility (313) — Maryland (2024).

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Food Processing Residuals.

(1) “Food processing residuals” or “FPRs” means an organic material that is:

(a) Generated by processing agricultural commodities for human or animal consumption and includes:

(i) Food residuals;

(ii) Food coproducts;

(iii) Food processing wastes;

(iv) Food processing sludges;

(v) Organic material that is mixed or otherwise commingled with food residuals, food coproducts, food processing wastes, food processing sludges; or

(vi) Any other incidental material whose characteristics are derived from processing agricultural products for human consumption or animal consumption; and

(b) Registered with the State Chemist as a soil conditioner.

(2) “Food processing residuals” does not include:

(a) Digester digestate that has not been mixed or commingled with food processing residuals;

(b) Animal and poultry manures that have not been mixed or commingled with food processing residuals;

(c) Biosolids (i.e., Class A or Class B sewage sludge), as defined by the Maryland Department of the Environment in COMAR 26.04.06.03B(7);

(d) Compost, that is, the product of composting in accordance with the standards established by the Secretary of Agriculture under Agriculture Article, §6-221, Annotated Code of Maryland, including food residuals:

(i) Diverted from final disposal in a refuse disposal system for composting under COMAR 26.04.13; or

(ii) Obtained from residential curbside or drop-off programs, including pre-consumer and post-consumer food scraps, transported to a composting facility in accordance with COMAR 26.04.11;

(e) Spent mushroom soil; or

(f) Water treatment plant residuals.

C. Other Terms Defined.

(1) Agricultural Land.

(a) “Agricultural land” means more than 10 acres of land used to produce food, feed, fiber, sod, animals, plants, trees, or plants in containers (pots), or for out-of-ground production.

(b) “Agricultural land” includes smaller, noncontiguous land parcels that total more than 10 acres.

(2) “Agricultural operation” means each physical site where a person engages in a business that:

(a) Grows, raises, keeps, pastures, or otherwise produces a farm product, including:

(i) Any agricultural, horticultural, vegetable, or fruit product of the soil; or

(ii) Livestock, poultry, eggs, dairy products, nuts, honey, and every product of the farm, a forest, or an orchard; and

(b) Has:

(i) A gross annual income of $2,500 or more; or

(ii) Eight or more animal units.

(3) “Animal unit” means 1,000 pounds of live animal weight.

(4) “Applicant” means:

(a) A person who owns or operates an agricultural operation; or

(b) A commercial broker or commercial hauler who has contracted with the owner or operator of an agricultural operation to have food processing residuals utilized at that operation.

(5) “Collection” means any action involved in the gathering or subsequent placement of food processing residuals, or any other product containing food processing residuals, into a vehicle, container, or any other vessel for transportation.

(6) “Commercial broker” means a person who:

(a) For commercial purposes, assumes temporary control of food processing residuals from an agricultural operation or a food processing plant and transports or arranges the transport of this material to an importing agricultural operation; and

(b) Is not working for or under the control of an agricultural operation.

(7) “Commercial hauler” means a person engaged in the business of hauling, transporting, moving, or land-applying food processing residuals as a contract agent for a farm operator, commercial broker, or food processing plant under the direction of the operator, broker, or processing plant.

(8) “Constituent” means any component of food processing residuals that is an organic, inorganic, or combination of organic and inorganic substances.

(9) “Container” means either an open or closed receptacle with a load capacity of 1 metric ton or less that includes a bucket, box, carton, vehicle or trailer.

(10) “County” means as defined in the Agriculture Article, §1-101(c), Annotated Code of Maryland.

(11) “Cover crop” means a cereal grain or cereal grain mix that:

(a) Is planted:

(i) Following the harvest of summer crops for the purpose of the seasonal protection of soil, the assimilation of residual nitrogen left from a previous crop, and the continued mineralization of nitrogen; and

(ii) In accordance with the “Maryland Winter Cover Crop Program Requirement” for seeding rate, planting dates, and planting methods as published on the Department’s website.; and

(b) Has germinated and attained at least 70 percent surface coverage on the field as measured by the standard line-transect method.

(12) “Department” means the Maryland Department of Agriculture.

(13) “Field ditch” means a channelized waterway that, as provided in the USDA-NRCS National Cooperative Soil Survey, is not within:

(a) Floodplain soil-mapping unit;

(b) Hydric soil that is mapped as a narrow, elongated feature in a fluvial or floodplain position; and

(c) Soil-mapping unit that has a slope class of “B” or steeper.

(14) “Food processing residuals generator” means a person who owns or operates a facility that processes food processing residuals to be utilized in this State.

(15) “Groundwater” means water below the land surface in a saturated zone.

(16) “Holding tank” means a watertight receptacle that has a capacity up to 20,000 gallons, which is used, or intended to be used, for the temporary storage of food processing residuals for land application.

(17) “Land application” means the placement of food processing residuals, or any other product containing food processing residuals on or mixed with or injected into land used to support an agricultural crop.

(18) “Nuisance” means unreasonable interference with the quality of life of the public because of the characteristics of noise, odor, vectors, solids, vapors, liquids, or gases that:

(a) Causes distress or potential health impacts to members of the public or residents or users of properties adjacent to a site where food processing residuals is being utilized or has been utilized; and

(b) Falls outside the protection afforded an agricultural operation under Courts and Judicial Proceedings Article, §5-403, Annotated Code of Maryland.

(19) “Nutrient Management Plan” has the meaning stated in COMAR 15.20.08.

(20) “Pasture land” means land on which animals feed directly on forage and grain crops, such as legumes, grasses, or grain stubble.

(21) “Permittee” means a person who holds a Food Processing Residuals Utilization Permit.

(22) “Person” means an individual, or any partnership, firm, association, public or private corporation, or any other entity.

(23) “State” means the State of Maryland unless otherwise specified.

(24) “Storage facility” means a waste storage facility that meets USDA-NRCS Waste Storage Facility No. 313 Conservation Practice Standards or an equivalent standard determined by a professional engineer for the containment of wastes generated by agricultural production or processing.

(25) “Surface water” means all waters of the State that are not groundwater.

(26) “Tidal wetland” has the meaning stated in COMAR 26.04.02.02.

(27) “Transportation” means the movement or conveyance of food processing residuals or any other product containing food processing residuals by road.

(28) “Treatment” means a process, which alters, modifies, or changes the biological, physical, or chemical characteristics of food processing residuals.

(29) “USDA-NRCS” means the United States Department of Agriculture-Natural Resources Conservation Service.

(30) “NRCS Waste Storage Facility No. 313 Conservation Practice Standard” means the technical standards for waste storage facilities set forth in USDA-NRCS Field Office Technical Guide which is incorporated by reference.

(31) “Utilize food processing residuals” means:

(a) Handling or storing food processing residuals;

(b) Using food processing residuals for land application; and

(c) Transporting food processing residuals to or from a generator of food processing residuals or to or from an agricultural operation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.04 Right of Entry.

The person applying for a Food Processing Residuals Utilization Permit shall agree, as a condition for the issuance of the permit or any other authorization or approval issued by the Department, to allow the Secretary of the Department of Agriculture or the Secretary’s authorized representatives, at reasonable times and upon presentation of credentials, to:

A. Enter upon the premises or a location where any records are required to be maintained under the terms and conditions of the Food Processing Residuals Utilization Permit, authorization, or approval issued by the Department;

B. Have access to and copy any records required to be maintained under the terms and conditions of the Food Processing Residuals Utilization Permit, authorization, or approval issued by the Department;

C. Enter upon a food processing residuals utilization site and inspect any area covered by the permit including any field where food processing residuals have been land-applied or storage facility holding food processing residuals;

D. Sample any soils, vegetation, food processing residuals, or other materials on the site;

E. Perform any activities to determine compliance status with the terms and conditions of the Food Processing Residuals Utilization Permit, authorization, or approvals issued by the Department or the applicable regulations; and

F. Obtain any photographic documentation or evidence.

Cross References

15.20.13.24A(3)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.05 Requirements for Utilizing Food Processing Residuals.

A person may not utilize food processing residuals in this State unless the material is:

A. Registered as a soil conditioner;

B. Analyzed by an accredited laboratory, using methods that are:

(1) Acceptable to the Department; and

(2) Part of the laboratory’s scope of accreditation: and

C. At a minimum, analyzed:

(1) For moisture, nutrients (total nitrogen, total phosphate, and total potash), heavy metal contaminants (arsenic, cadmium, chromium, copper, lead, molybdenum, nickel, selenium, and zinc), and polynuclear aromatic hydrocarbons (PAHs, as determined by Method 8270E Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry); and

(2) As otherwise required by the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.06 Sampling and Testing Requirements for Food Processing Residuals.

A. A person utilizing food processing residuals in this State shall submit to the Department:

(1) An acceptable methodology that shall be used to obtain a representative composite food processing residuals sample of the material; and

(2) On an annual basis, the results of laboratory analysis of the representative composite food processing residuals sample in accordance with the following requirements:

(a) All sample analyses shall be performed by an accredited laboratory, using methods that are acceptable to the Department and part of the laboratory’s scope of accreditation; and

(b) The analysis shall, at a minimum, test for moisture, nutrients (total nitrogen, total phosphate, and total potash), heavy metal contaminants (arsenic, cadmium, chromium, copper, lead, molybdenum, nickel, selenium, and zinc), and polynuclear aromatic hydrocarbons (PAHs, as determined by Method 8270E Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry) and as otherwise required by the Department.

B. Unless otherwise agreed upon by persons utilizing food processing residuals in conjunction with an agricultural operation, the requirement set forth in §A of this regulation shall be performed by a commercial broker, commercial hauler, or other person who is permitted to transport the material to an agricultural operation. This person shall be identified in the permit application to utilize food processing residuals in conjunction with an agricultural operation.

C. The Department may:

(1) Require analyses for food processing residuals constituents other than those identified in §A(2) of this regulation to adequately assess the quality of food processing residuals;

(2) Require additional analyses to adequately assess the quality of food processing residuals;

(3) Approve a request to reduce the testing frequency for analyzing any of the constituents identified in §A(2) of this regulation if the Department determines that a sufficient number of food processing residuals samples have been analyzed to characterize food processing residuals quality on an annual as well as seasonal basis; and

(4) Reject an analysis for good cause.

D. The Department may consider the failure to submit the analysis required in §A of this regulation to be grounds for:

(1) Revocation or modification of any Food Processing Residuals Utilization Permit, authorization, or approval previously issued by the Department for the utilization of that generator’s food processing residuals; and

(2) Denial of any new, material alteration or extension, modification, or renewal application for a Food Processing Residuals Utilization Permit, authorization, or approval issued by the Department for the utilization of that generator’s food processing residuals.

Cross References

15.20.13.10B(1)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.07 Record-Keeping and Reporting Requirements for Food Processing Residuals.

A. A person utilizing food processing residuals in the State shall submit to the Department the following information on a form provided by the Department:

(1) The date the food processing residuals leaves that food processing residuals generator’s plant;

(2) The amount of food processing residuals leaving that generator’s plant;

(3) The county and site where the food processing residuals are being utilized; and

(4) Other information required by the Department including information relating to the registration of the material with the Department.

B. The information required to be submitted under §A of this regulation shall be:

(1) Collected each year on a quarterly basis as follows:

(a) January 1 through March 31;

(b) April 1 through June 30;

(c) July 1 through September 30; and

(d) October 1 through December 31; and

(2) Submitted to the Department within 30 days from the close of each quarter.

C. Failure to submit the reports required under this regulation may constitute grounds for revocation or modification of any Food Processing Residuals Utilization Permit issued by the Department.

D. Unless otherwise agreed upon by persons utilizing food processing residuals in conjunction with an agricultural operation, the requirement set forth in §A of this regulation shall be performed by a commercial broker, commercial hauler, or other person who is permitted to transport the material to an agricultural operation. This person shall be identified in the permit application to utilize food processing residuals in conjunction with an agricultural operation.

Cross References

15.20.13.10B(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.08 Food Processing Residuals Utilization Permits.

A. A person may not utilize food processing residuals, or any product containing this material, without first obtaining a Food Processing Residuals Utilization Permit from the Department.

B. A person who is engaged in the utilization of food processing residuals is subject to the following conditions:

(1) Food processing residuals may not be stored, staged, or land applied in a manner that will cause an undue risk to the environment or public health, safety, or welfare, or in a manner that causes or is likely to cause a discharge of constituents to the waters of the State;

(2) Food processing residuals may only be land applied on agricultural land in accordance with a nutrient management plan prepared by a certified and licensed nutrient management consultant in accordance with the requirements specified in COMAR 15.20.04 and in compliance with COMAR 15.20.07 and 15.20.08;

(3) Food processing residuals transported to a person’s agricultural operation may not be transported from that site to:

(a) Any other agricultural operation in the State that is not permitted by the Department to receive it; or

(b) A site in another State that is not permitted or otherwise authorized to receive food processing residuals.

C. In the event of an odor complaint pertaining to the utilization of food processing residuals, the Department shall investigate the complaint and, after investigating the complaint, notify the person who is utilizing food processing residuals what corrective measures, if any, shall be implemented, such as the temporary cessation of food processing residuals application, additional incorporation measures, or the application of odor control agents, such as lime, potassium permanganate, or other odor control agents.

D. A person may mix food processing residuals with other organic material if:

(1) The person demonstrates to the Department that the final utilization of the mixture will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; and

(2) The person secures a new N/P/K analysis of the material before land application.

E. A person who mixes or otherwise comingles food processing residuals mixed with other organic materials shall manage this material in accordance with this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.09 Performance Bonds, Liability Insurance, or Other Form of Security.

A. A person applying for a Food Processing Residuals Utilization Permit shall file with the Department a performance bond on a form prescribed or approved by the Department, liability insurance, or other form of security. The performance bond, liability insurance, or other form of security shall be payable to the Department and the obligation of the performance bond, liability insurance, or other form of security shall be conditioned upon the compliance with the terms and conditions of the Food Processing Residuals Utilization Permit.

B. The amount of the performance bond, liability insurance, or other form of security shall be:

(1) For the initial permit to transport food processing residuals to and from an agricultural operation, $10,000;

(2) For the initial permit to apply food processing residuals on agricultural land, $30,000; and

(3) For the initial permit to store food processing residuals at a storage facility, $100,000.

C. The Department may allow a permittee obtaining several Food Processing Residuals Utilization Permits to utilize food processing residuals in conjunction with agricultural land to file one performance bond, liability insurance, or other form of security to satisfy the security requirements for more than one utilization site.

D. For each additional permit that the applicant seeks, the amount of the performance bond, liability insurance, or other form of security shall be 40 percent of the amount required in §B of this regulation up to a maximum amount of $200,000, as shown in the following examples:

(1) Example One: If a person is seeking two storage facility permits and two transportation permits, the bond amount is $154,000,which amount is the sum of the following two figures:

(a) $140,000 for the two storage permits, that being:$100,000 for the initial permit plus $40,000 (40% of $100,000) for the second permit); and

(b) $14,000 for the two transportation permits, that being:$10,000 for the initial permit plus $4,000 (40% of $10,000) for the second permit); and

(2) Example Two: If a person is seeking four storage permits and four transportation permits, the bond amount, while separately exceeding $200,000, will be capped at $200,000.

E. Liability under the performance bond, liability insurance, or other form of security shall remain in effect until all terms and conditions of the Food Processing Residuals Utilization Permit have been met. The Department may release the performance bond, liability insurance, or other form of security after the Department has determined that all terms and conditions of the Food Processing Residuals Utilization Permits covered by the performance bond, liability insurance, or other form of security have been complied with.

F. The performance bond, liability insurance, or other form of security shall be executed by the person applying for a Food Processing Residuals Utilization Permit and obtained from a corporate surety licensed to do business in this State. Instead of a performance bond, liability insurance, or other form of security executed by a corporate surety, the person may elect to deposit with the Department cash or negotiable bonds of the federal government or of this State or any other securities acceptable to the Department. The amount of the cash deposit or the market value of any securities shall be at least equal to the required sum of the performance bond, liability insurance, or other form of security. The Department shall receive and hold the cash or securities in trust, for the purposes for which the deposit is posted.

G. The obligation of the person applying for a Food Processing Residuals Utilization Permit and of any corporate surety under the performance bond, liability insurance, or other form of security shall become due and payable, and all or any part of any cash or securities due and payable, and all or any part of any cash or securities shall be applied to payment of the costs of complying with any requirement of the Food Processing Residuals Utilization Permit if the Department has:

(1) Notified the permittee and any corporate surety that the terms and conditions of the Food Processing Residuals Utilization Permit have not been complied with, and has specified in the notice the particular noncompliance with the Food Processing Residuals Utilization Permit terms or conditions;

(2) Given the permittee a reasonable opportunity to correct the deficiencies and to comply with all of the terms and conditions of the Food Processing Residuals Utilization Permit; and

(3) Determined that, at the end of a reasonable length of time, some or all of the noncompliance specified under §G(1) of this regulation remain uncorrected.

Cross References

15.20.13.12A

15.20.13.16A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.10 Denial of Food Processing Residuals Utilization Permit Application.

A. The Department shall deny an application for a Food Processing Residuals Utilization Permit if the Department finds that:

(1) The applicant cannot utilize food processing residuals without causing an undue risk to the environment or the public health, safety, or welfare as may be determined by the Department;

(2) The applicant is violating:

(a) Agriculture Article, Title 8, Subtitles 8 and 8A, Annotated Code of Maryland; or

(b) Environment Article, Title 9, Subtitle 3, Part IV, Annotated Code of Maryland; or

(3) If the application is for storing food processing residuals at an agricultural operation, the applicant has not obtained any necessary approval or permits from the county to store this material at this site.

B. The Department may deny an application for a Food Processing Residuals Utilization Permit if the Department finds that:

(1) The applicant is not in compliance with the sampling and testing requirements specified in Regulation .06 of this chapter;

(2) The applicant is not in compliance with the record-keeping and reporting requirements specified in Regulation .07 of this chapter;

(3) The applicant has insufficient resources to meet the performance bond or other financial securities requirements of the Food Processing Residuals Utilization Permit;

(4) The applicant has failed to submit the applicable Food Processing Residuals Utilization Permit Application fee;

(5) The applicant has failed to submit information requested by the Department; or

(6) For any other good cause as determined by the Department including past violations of:

(a) Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland, and regulations adopted thereunder;

(b) Agriculture Article, Title 8, Subtitle 8A, Annotated Code of Maryland, and regulations adopted thereunder; or

(c) Environment Article, Title 9, Subtitle 3, Part IV, Annotated Code of Maryland, and regulations adopted thereunder.

Cross References

15.20.13.21B

15.20.13.24A(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.11 Transportation.

A. The Department may issue a Food Processing Residuals Utilization Permit to transport food processing residuals if the equipment to be used, the operation plan, and the destination of food processing residuals meet the requirements established by the Department. A person transporting food processing residuals to an agricultural operation in conjunction with storing or land-applying this material at this site:

(1) Shall load and unload the material on the agricultural operation’s premises; and

(2) May not load and unload this material for these activities on a public road.

B. Liquid food processing residuals shall be transported in closed watertight vessels or containers.

C. Food processing residuals cake that is less than 75 percent moisture content may be transported in watertight containers, such as dump truck bodies or trailers that are sealed to prevent leakage or in closed body vehicles.

D. All State and federal commercial transportation laws must be followed.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.12 Transportation — Permit Application Requirements.

A. An applicant for a Food Processing Residuals Permit shall submit to the Department a permit application for each site in Maryland where food processing residuals is to be transported. The applicant shall submit to the Department two completed copies of the Food Processing Residuals Utilization Permit Application on a form provided by the Department. The applicant shall also submit a performance bond, liability insurance, or other form of security required under the provisions of Regulation .09 of this chapter. The application shall include the following completed information:

(1) A description of the source, type, and quantity of food processing residuals to be transported, including any previous treatment the food processing residuals has received, such as anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering;

(2) A detailed operation plan that includes, when applicable:

(a) A spill or leak clean-up plan describing the procedures for managing and reporting a food processing residuals spill or leak;

(b) Procedures for record keeping and reporting of the food processing residuals to be transported;

(c) Types of equipment to be used for collection, management, washdown, and other operations; and

(d) Contingency or emergency plans to manage equipment breakdown, spills, and other emergency events;

(e) The destination and a detailed description of the final utilization of the food processing residuals at the destination; and

(f) Other information that may be requested by the Department.

B. Permit Application Fees. The applicant shall pay the Department a nonrefundable Food Processing Residuals Utilization Permit Application fee in accordance with the following schedule:

(1) For a new permit application, $50; and

(2) For a renewal permit application, $50.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.13 Transportation — Record-Keeping and Reporting Requirements for a Food Processing Residuals Utilization Permit.

A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years:

(1) The source, type, and quantity of food processing residuals transported;

(2) The dates of transportation of food processing residuals;

(3) The destinations of food processing residuals (i.e., the address of the agricultural operation);

(4) Other related information regarding the transportation of food processing residuals as required by the applicable Food Processing Residuals Utilization Permit; and

(5) Other information that may be requested by the Department.

B. The permittee shall submit semi-annually to the Department two completed copies of the report required by §A of this regulation for each year the Food Processing Residuals Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.14 Transportation — Modifications of a Food Processing Residuals Utilization Permit.

A. The Department may modify a Food Processing Residuals Utilization Permit for transporting food processing residuals to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.

B. The Department may modify a Food Processing Residuals Utilization Permit for transporting food processing residuals upon request by the permittee if the following conditions are met:

(1) The permittee submits to the Department a Food Processing Residuals Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; and

(2) The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare.

C. The following constitute modifications to a Food Processing Residuals Utilization Permit for transportation of food processing residuals:

(1) Modification to the types of food processing residuals to be transported;

(2) The permittee’s name change;

(3) Modification to the sources of food processing residuals to be transported; or

(4) Other modifications as determined by the Department.

D. If the Department considers a modification application complete and acceptable, the Department may modify the Food Processing Residuals Utilization Permit.

E. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms and conditions of the Food Processing Residuals Utilization Permit or for other good cause as determined by the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.15 Storage Facility.

A. The Department may not issue a Food Processing Residuals Utilization Permit to use, install, materially alter, or materially extend a food processing residuals storage facility until:

(1) The storage facility meets all zoning and local land use requirements of the county where the storage facility is to be located;

(2) The person seeking the permit has obtained any necessary county approval or permits to store the material at the permitted site;

(3) The person has provided evidence showing that the structure meets:

(a) The NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or

(b) An equivalent standard as determined by a professional engineer;

B. For an application to renew a permit for a waste storage facility, sufficient evidence showing that the requirements of §A(3) of this regulation continue to be met may include:

(1) A visual inspection of the storage facility by the Department; and

(2) Other evidence determined by the Department.

C. The Department may issue a Food Processing Residuals Utilization Permit to use, install, materially alter, or materially extend a food processing residuals storage facility if the applicant demonstrates that the following conditions and requirements will be met:

(1) The person seeking the permit has obtained any necessary county approval or permits to store the material at the permitted site;

(2) The person has provided evidence showing that the structure meets:

(a) The NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or

(b) An equivalent standard as determined by a professional engineer.

(3) The storage facility is designed, constructed, and operated to safely store food processing residuals in a manner that will not cause an undue risk to the environment, public health, or welfare as may be determined by the Department;

(4) Public access to the storage facility shall be controlled;

(5) Any other conditions required by the Department to protect the public health and the environment.

D. For an application to renew a permit for a waste storage facility, sufficient evidence showing that the requirements of §C(2) and (4) of this regulation continue to be met may include:

(1) A visual inspection of the storage facility by the Department; and

(2) Other evidence determined by the Department.

Cross References

15.20.13.01B(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.16 Storage Facility — Permit Application Requirements.

A. A person applying for a Food Processing Residuals Utilization Permit shall submit to the Department a separate permit application for each site where a food processing residuals storage facility is located or is to be installed, materially altered, or materially extended. A person shall submit to the Department two completed copies of the Food Processing Residuals Utilization Permit Application for a new Food Processing Residuals Utilization Permit, a modification to a Food Processing Residuals Utilization Permit, or a Food Processing Residuals Utilization Permit renewal on a form provided by the Department. A person shall also submit a performance bond, liability insurance, or other form of security required under the provisions of Regulation .09 of this chapter. The application shall include the following completed information:

(1) If the applicant is not the owner or operator of the agricultural operation where the storage facility is located or is to be installed, materially altered, or materially extended, the written consent of the owner or operator of the agricultural operation to utilize food processing residuals in conjunction with the operation;

(2) A current site plan designating the property boundary lines, the exact acreage of the site, existing and proposed storage facility structures, the location of any wells on the site and within 1/2 mile of the site, any residences or buildings on site and within 1/2 mile of the site, the proximity of the site to major roads in the area and any roads on the site, and surrounding land uses;

(3) Tax maps and liber and folio numbers for the parcels of land on which the storage facility exists or will be installed, materially altered, or materially extended and the names of the legal owners of the site;

(4) A description of the source, type, and quantity of food processing residuals to be stored;

(5) Engineering plans showing that the storage facility meets:

(a) NRCS Waste Storage Facility No. 313 Conservation Practice Standard;

(b) An equivalent standard determined by a registered professional engineer prepared, signed, and bearing the seal of the engineer;

(6) The specifications for any liners or soil sealants used;

(7) A detailed operation plan that includes, when applicable:

(a) Procedures for sampling, on-site record keeping, and reporting of the food processing residuals to be stored;

(b) Methods and procedures to prevent or control odors and other potential nuisance conditions at the site;

(c) Contingency or emergency plans to manage fires, equipment breakdown, spills, and other emergency events; and

(d) Methods and procedures for restricting public access to the site;

(8) Information on protection of water resources, including a description of the methods to be used for the protection of ground and surface waters of the State.

(9) For a new storage facility, an assessment of the potential environmental impact of the storage facility;

(10) For manufactured storage facilities, information showing that it meets:

(a) NRCS Waste Storage Facility No. 313 Conservation Practice Standard; or

(b) An equivalent standard determined by a registered professional engineer; and

(11) Other information that may be requested by the Department.

B. Permit Application Fees.

(1) The applicant shall pay the Department a nonrefundable Food Processing Residuals Utilization Permit Application fee in accordance with the following schedule:

(a) For a new permit application, $100; and

(b) For a renewal permit application, $100.

(2) For activities, which involve transportation or storage of food processing residuals in combination with any other activities listed in the Food Processing Residuals Utilization Permit Application, the Department will issue a single Food Processing Residuals Utilization Permit to include all activities. For combined activities that include the land application of food processing residuals, the application fees listed for transportation and storage of food processing residuals in Regulations .12 and .16 of this chapter shall be waived.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.17 Notice to County of a Permit Application.

A. Within 10 days after receiving a permit application that includes storing food processing residuals in conjunction with an agricultural operation, the Department shall mail a copy of the application to the chairman of the legislative body and any elected executive of the county where the food processing residuals is to be stored.

B. The Department may not issue a permit to operate a storage facility for food processing residuals in conjunction with an agricultural operation or a renewal permit unless the applicant has obtained any necessary county approval or permits to store the material at the site.

C. In its notice to the county under this regulation, the Department shall request that the county respond to the notice specified in §A of this regulation within 30 days from its receipt.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.18 Storage Facility — Record-Keeping and Reporting Requirements for a Food Processing Residuals Utilization Permit.

A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years:

(1) The source, type, and quantity, including documentation of food processing residuals received and stored at the storage facility;

(2) The quantity, including documentation of food processing residuals transported from the storage facility;

(3) The dates of transportation of food processing residuals to and from the storage facility;

(4) The destination and utilization of food processing residuals transported from the storage facility;

(5) Other related information regarding the storage facility as required by the applicable Food Processing Residuals Utilization Permit; and

(6) Other information that may be requested by the Department.

B. The permittee shall submit to the Department two completed copies of the report required by §A of this regulation for each year the Food Processing Residuals Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.19 Storage Facility — Modifications, Material Alterations, or Extensions.

A. The Department may modify a Food Processing Residuals Utilization Permit to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.

B. The Department may modify a Food Processing Residuals Utilization Permit or materially alter or extend a structure for storing food processing residuals upon request by the permittee if the following conditions are met:

(1) The permittee submits to the Department a completed Food Processing Residuals Utilization Permit application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification, material alteration or extension, and an explanation as to why it is needed;

(2) The permittee shall pay the Department a nonrefundable fee in in the amount of $50; and

(3) The Department determines that the proposed modification, material alteration, or extension:

(a) Is in compliance with the applicable requirements of this chapter;

(b) Meets the NRCS Waste Storage Facility No. 313 Conservation Practice Standard or an equivalent standard determined by a professional engineer; and

(c) Will not cause an undue risk to the environment or public health, safety, or welfare; and

(4) The permittee has obtained any necessary county approval or permits for the proposed change.

C. The Department may deny an application to modify a Food Processing Residuals Utilization Permit or materially alter or extend a storage facility if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Food Processing Residuals Utilization Permit or for other good cause as determined by the Department.

Cross References

15.20.13.01B(2)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.20 Agricultural Land.

A. The Department may issue a Food Processing Residuals Utilization Permit to apply food processing residuals on agricultural land if the following requirements are met:

(1) The food processing residuals have been registered by the Department as a soil conditioner and otherwise meets the requirements of the Department to be registered as a soil conditioner;

(2) A nutrient management plan is prepared for the site by a certified and licensed nutrient management consultant in accordance with the requirements of COMAR 15.20.04, and is in compliance with COMAR 15.20.07 and 15.20.08; and

(3) Expected crop yields submitted to the Department as part of the Food Processing Residuals Utilization Permit Application are determined to be in accordance with the requirements in COMAR 15.20.08.

B. The Department may restrict or apply special provisions for the land application of food processing residuals on fields that are adjacent to or bordering homes, schools, places of worship, hospitals, legal boundaries of incorporated municipalities, or other locations of concern as determined by the Department.

C. Food processing residuals may be applied on agricultural land only if the following requirements are met:

(1) The requirements of §A(1)—(3) of this regulation;

(2) Requirements concerning minimum buffer distances, as follows:

(a) Food processing residuals may not be applied closer than the minimum buffer distance to a feature of concern identified in Table 1 of §C(2)(b) of this regulation, unless the Department establishes an alternate minimum buffer distance in accordance with §C(2)(d) of this regulation.

(b) Table 1 — Minimum Buffer Distances

| Feature of Concern | Minimum Buffer Distance | | --- | --- | | | Injection of FPRs or Surface Application of FPRs with Incorporation | | | | | Bedrock outcrops | 25 feet | | Field ditches | 10 feet | | Incorporated municipality boundary lines | 400 feet | | Occupied off-site dwelling | 100 feet | | Occupied on-site dwelling | 100 feet | | Property lines | 25 feet | | Public roads | 15 feet from the edge of the road | | Surface waters unless Equivalent Best Management Practices are installed | 100 feet | | Wells, nonpotable | 25 feet | | Wells, potable | 100 feet |

(c) For agricultural land located within a critical area as identified by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, food processing residuals:

(i) May not be land applied within 100 feet of the Mean High-Water Line of tidal waters or the landward edge of tidal wetlands; and

(ii) May only be subsurface injected or incorporated between 101 and 1,000 feet of the Mean High-Water Line of tidal waters or the landward edge of tidal wetlands;

(d) Except as otherwise prohibited by law, the Department may modify the minimum buffer distances established in §C(2)(b) of this regulation as follows:

(i) The Department may increase or decrease the minimum buffer distance associated with any feature of concern identified in Table 1 of §C(2)(b) of this regulation;

(ii) The Department may establish minimum buffer distances for features of concern not identified in Table 1 of §C(2)(b) of this regulation, such as particular categories of land use; and

(iii) In modifying the minimum buffer distances, the Department may consider the food processing residuals application method, the application rate, adjacent land use, land slopes, vegetated filter strip, the type and condition of any surrounding bodies of water, and any other factor considered relevant by the Department;

(3) Requirements concerning slope, as follows:

(a) Unless modified by the Department in accordance with §C(4)(b) of this regulation, the following requirements concerning slope shall be met:

(i) Food processing residuals may not be applied on a slope that is greater than 15 percent;

(ii) Liquid food processing residuals which are surface applied on a slope that is greater than 6 percent shall be applied in accordance with COMAR 15.20.08; and

(iii) Food processing residuals may be subsurface injected on a slope that is up to 15 percent; and

(b) The limits of §C(3)(a) of this regulation may be modified by the Department, but only if the Department determines that sediment and erosion controls or other features at a site, or both, are sufficient to protect the public health and the environment;

(4) Food processing residuals may not be applied when:

(a) The soil is saturated;

(b) The ground is flooded, ponded, frozen, or covered with snow; or

(c) Weather conditions prevent compliance with the requirement to incorporate the food processing residuals into the soil;

(5) The timing of food processing residuals land application shall be in accordance with the requirements of COMAR 15.20.08;

(6) Food processing residuals shall be applied in a manner approved by the Department using conventional agricultural equipment, such as manure spreaders, spray equipment, or other applicators, or by commercial equipment specifically designed for food processing residuals application on agricultural land, with all conventional agricultural and commercial equipment used for agricultural land application required to be calibrated in accordance with the manufacturer’s recommendations before land application of the food processing residuals begins;

(7) Food crops harvested off food processing residuals land application sites shall meet applicable produce safety requirements; and

(8) Trucks, tractors, and equipment shall be cleaned or otherwise addressed on the site to prevent drag-out of soil or food processing residuals onto public roads.

Cross References

15.20.13.01B(3)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.21 Agricultural Land — Permit Application Requirements.

A. A person applying for a Food Processing Residuals Permit shall submit to the Department a separate permit application for each agricultural operation where food processing residuals is to be applied on agricultural land (e.g., the USDA Farm Service Agency farm and tract number for each operation).

B. The applicant shall submit to the Department two completed copies of the Food Processing Residuals Utilization Permit Application on a form provided by the Department. A person shall also submit a performance bond, liability insurance, or other form of security required under the provisions of Regulation .10 of this chapter.

C. The Food Processing Residuals Utilization Permit Application to apply food processing residuals on agricultural land shall include two completed copies of the following forms provided by the Department and signed and dated not more than 6 months before the receipt of the Food Processing Residuals Utilization Permit Application by the Department:

(1) If the applicant is not the owner of the site where food processing residuals is to be applied, the written consent of the owner (which consent, if the owner agrees, may be valid for a 2-year period);

(2) A site information form completed and signed by the applicant and the farmer or operator of the site where food processing residuals is to be applied; and

D. The Food Processing Residuals Utilization Permit Application to apply food processing residuals on agricultural land shall include two completed copies of the following information:

(1) The sources and types of food processing residuals to be applied, including any treatment the food processing residuals has received, such as anaerobic digestion, aerobic digestion, dissolved air flotation, composting, or dewatering;

(2) A current site plan that includes:

(a) The location of property boundary lines and field boundaries;

(b) The exact acreage where food processing residual is to be applied;

(c) The location of all buffer distances;

(d) The location of any residences or buildings on site or within 1/2 mile of the site;

(e) An inventory of any domestic, commercial, or municipal wells on site and within 1/2 mile of the property boundary lines, including water level for the wells if available;

(f) The location of any on-site stream, spring, seep, pond, drainage ditch or other body of water;

(g) The location of any on-site area with a slope of 15 percent or greater;

(h) The location of any on-site bedrock outcropping;

(i) The location of any on-site depression area;

(j) The surrounding land uses;

(k) Other features as determined by the Department; and

(l) A legend identifying the key features on the site plan;

(3) If required by the Department, the results of a laboratory analysis of a representative soil sample, which was obtained from each field not more than 6 months before the receipt of the Food Processing Residuals Utilization Permit Application by the Department subject to the following:

(a) All soil samples shall be collected from within the field that would receive food processing residuals in accordance with the requirements in COMAR 15.20.08;

(b) Soil samples may not be collected from buffer distances, restricted areas, or other areas that are not subject to the land application of food processing residuals;

(c) The analysis of the sample was performed by an independent laboratory or other laboratory acceptable to the Department, using standards, procedures, and methods that are acceptable to the Department;

(d) If requested by the Department, the results shall be accompanied by a description of the method or methods of analysis; and

(e) The analytical results include, at a minimum:

(i) pH, cation exchange capacity, and soil texture;

(ii) If metal analysis has not been previously performed on the field, total cadmium, total copper, total lead, total nickel, total zinc, and total phosphorus; and

(iii) Any other constituents in the soil that the Department determines necessary to adequately assess the potential impact of the project on public health, safety, and the environment;

(4) A tax map showing the property line, owner, acreage, and liber and folio numbers;

(5) A detailed operation plan that includes, when applicable:

(a) Procedures for sampling, record keeping, and reporting of the food processing residuals to be utilized;

(b) Identification of equipment to be used for land-application of food processing residuals;

(c) Methods and procedures to prevent or control odors and other potential nuisance conditions at the site; and

(d) Contingency or emergency plans to manage equipment breakdown, spills, and other emergency events; and

(6) A list of type of crops or cover species to be grown, which indicate the crop yields as specified in the nutrient management plan;

(7) A nutrient management plan that:

(a) Has been prepared by a certified and licensed nutrient management consultant in accordance with the requirements of COMAR 15.20.04; and

(b) Is in compliance with COMAR 15.20.07 and 15.20.08; and

(8) Other information that may be requested by the Department.

E. The Department may reject an analysis of food processing or a soil sample submitted in accordance with §D(4) of this regulation and require retesting and resubmittal if the Department determines that the method of analysis is inaccurate, or for any other good cause.

F. Permit Application Fees. The applicant shall pay the Department a nonrefundable Food Processing Residuals Utilization Permit Application fee in accordance with the following schedule:

(1) For a new permit application, $175; and

(2) For a renewal permit application, $175.

G. For activities, which involve transportation or storage of food processing residuals in combination with any other activities listed in the Food Processing Residuals Utilization Permit Application, the Department will issue a single Food Processing Residuals Utilization Permit to include all activities. For combined activities that include the land application of food processing residuals, the application fees listed for transportation and storage of food processing residuals in Regulations .12 and .16 of this chapter shall be waived.

H. Holding Tanks. A person permitted to utilize food processing residuals for land application in conjunction with an agricultural operation may use a holding tank for this activity and under this chapter is not required to obtain a permit from the Department to use the holding tank.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.22 Agricultural Land — Record-Keeping and Reporting Requirements for a Food Processing Residuals Utilization Permit.

A. The permittee shall generate a report containing the following information and maintain all documents used to generate the report for a period of 5 years:

(1) The source, type, and quantity, including documentation of food processing residuals received and applied on the agricultural land;

(2) The dates of land application of food processing residuals;

(3) The number and size of the fields where food processing residuals was applied on agricultural land;

(4) Cumulative and annual constituent loading rates including plant-available nitrogen, P2O5, and K2O;

(5) Other related information regarding the land application of food processing residuals as required by the applicable Food Processing Residuals Utilization Permit; and

(6) Other information that may be requested by the Department.

B. The permittee shall submit to the Department one completed copies of the report required by §A of this regulation for each year the Food Processing Residuals Utilization Permit is in effect. The permittee shall submit to the Department the report on a form provided by the Department and in accordance with a schedule established by the Department.

C. Within 60 days of land application of food processing residuals, the permittee shall provide the farmer or operator and the legal owner of the site where food processing residuals was applied with a copy of the report required by §B of this regulation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.23 Agricultural Land — Modifications of a Food Processing Residuals Utilization Permit.

A. The Department may modify a Food Processing Residuals Utilization Permit for land-application of food processing residuals to include a new condition as may be required by a new law or regulation, to clarify permit conditions, or for other good cause.

B. The Department may modify a Food Processing Residuals Utilization Permit upon request by the permittee if the following conditions are met:

(1) The permittee submits to the Department two completed copies of the Food Processing Residuals Utilization Permit modification application on a form provided by the Department, and all other required information and forms as determined by the Department, with the application including a description of the proposed modification and an explanation as to why the modification is needed; and

(2) The Department determines that the proposed modification is in compliance with the applicable requirements of this chapter and will not cause an undue risk to the environment or public health, safety, or welfare.

C. The following constitutes modifications to a Food Processing Residuals Utilization Permit for agricultural land application of food processing residuals:

(1) Modification to the site’s nutrient management plan;

(2) Addition of a crop or cover crop;

(3) Adjustment of approved maximum nitrogen per acre requirements for a different crop or cover crop;

(4) The permittee’s name change;

(5) Addition of a new food processing residuals source or type to be applied;

(6) Increase in the size of the permitted acreage; or

(7) Other modifications as determined by the Department.

D. If the Department considers a modification application complete and acceptable, the Department may modify the Food Processing Residuals Utilization Permit.

E. The Department may deny a modification application if the permittee is not in compliance with the applicable requirements of this chapter or any of the terms or conditions of the Food Processing Residuals Utilization Permit or for other good cause as determined by the Department.

Cross References

15.20.13.01B(3)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.24 Food Processing Residuals Utilization Permit Term and Renewal.

A. As a requirement for maintaining a Food Processing Residuals Utilization Permit, the permittee shall:

(1) Comply with the applicable State laws and regulations and with the terms and conditions of the Food Processing Residuals Utilization Permit;

(2) Maintain a performance bond, liability insurance, or other form of security as required in Regulation .10 of this chapter;

(3) Allow authorized State to conduct inspections as required in Regulation .04 of this chapter; and

(4) Provide any other information that may be requested by the Department.

B. The Department may issue a Food Processing Residuals Utilization Permit to utilize food processing residuals for a term not to exceed 1 year.

C. Except for Food Processing Residuals Utilization Permits for a storing food processing residuals, the Department may renew a Food Processing Residuals Utilization Permit if:

(1) The permittee is in compliance with the applicable State laws and regulations and all of the terms and conditions of the Food Processing Residuals Utilization Permit;

(2) The permittee is in compliance with any applicable discharge permit under Environment Article, §9-301, Annotated Code of Maryland;

(3) The permittee submits to the Department 6 calendar weeks before the expiration date of the current Food Processing Residuals Utilization Permit or in accordance with the time specified in the current Food Processing Residuals Utilization Permit a completed Food Processing Residuals Utilization Permit renewal application on a form provided by the Department, and all other required information and forms as determined by the Department; and

(4) The permittee pays the Department the required renewal application fee.

D. For Food Processing Residuals Utilization Permits for storing food processing residuals, the Department may renew a Food Processing Residuals Utilization Permit if:

(1) The permittee is in compliance with the applicable State laws and regulations and all of the terms and conditions of the Food Processing Residuals Utilization Permit;

(2) The permittee meets the requirements specified in §C(1)—(4) of this regulation;

(3) The permittee is in compliance with any county approval or permit to store food processing residuals at the agricultural operation; and

(4) The permittee pays the Department the required renewal application fee.

E. If the Department considers a renewal application complete and acceptable, the Department may renew the Food Processing Residuals Utilization Permit.

F. The Department may deny a renewal application to transport or land apply food processing residuals if the permittee is not in compliance with the applicable State laws and regulations or any of the terms or conditions of the Food Processing Residuals Utilization Permit that is subject to renewal.

G. The Department may deny a renewal application to store food processing residuals if the permittee is not in compliance with the applicable State laws and regulations, any of the terms or conditions of the Food Processing Residuals Utilization Permit, or any county approval or permit for storing this material that is subject to renewal.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.25 Transfer of a Food Processing Residuals Utilization Permit or Ownership.

A. Thirty days before any change in control or ownership of the permitted property, site, or facility, the permittee shall:

(1) Provide the succeeding legal owners of the permitted property, site, or facility by certified mail, with a copy of:

(a) The “Owner’s Consent Form” signed by the current owners of the permitted property, site, or facility; and

(b) A copy of the Food Processing Residuals Utilization Permit for the permitted site or facility; and

(2) Notify the succeeding legal owners of any outstanding permit noncompliance, and, at the same time, submit to the Department a copy of this notification.

B. Food Processing Residuals Utilization Permits for storing, transporting, or land-applying food processing residuals are not transferable and are only valid for the permittee named in the Food Processing Residuals Utilization Permit. In order for a different person to become the permittee for a Food Processing Residuals Utilization Permit for these food processing residuals utilization activities, the new person shall first obtain a new Food Processing Residuals Utilization Permit from the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.26 Suspension, Revocation, or Modification by the Department.

A. After written notification and an opportunity to request a hearing by the Department, the Department may suspend, revoke, or modify a Food Processing Residuals Utilization Permit if the Department finds that:

(1) False or inaccurate information was contained in:

(a) The Food Processing Residuals Utilization Permit Application;

(b) The information and forms required as part of the Food Processing Residuals Utilization Permit Application; or

(c) Information required as part of the Food Processing Residuals Utilization Permit;

(2) As part of a regulated activity by a permittee, there is or has been a violation of:

(a) Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland, or regulations adopted under this subtitle;

(b) Agriculture Article, Title 8, Subtitle 8A, Annotated Code of Maryland, or regulations adopted under this subtitle;

(c) Environment Article, Title 9, Subtitle 3, Part IV, Annotated Code of Maryland, or regulations adopted under this subtitle;

(d) Applicable requirements of this chapter; or

(e) Any conditions in the Food Processing Residuals Utilization Permit;

(3) Substantial deviation from approved plans, specifications, or requirements has occurred as determined by the Department;

(4) The Department, an authorized representative of the Department, has been refused entry to the premises for the purpose of inspecting or sampling to ensure compliance with the terms and conditions of the Food Processing Residuals Utilization Permit;

(5) Conditions exist which are causing or may cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department;

(6) The permittee has been negligent or incompetent in the utilization of food processing residuals; or

(7) Any other good cause exists for suspending, revoking, or modifying the Food Processing Residuals Utilization Permit.

B. Immediate Suspension or Revocation.

(1) Notwithstanding other provisions of this chapter or the terms and conditions of the Food Processing Residuals Utilization Permit, the Department may immediately suspend or revoke a Food Processing Residuals Utilization Permit if the Department determines there is an immediate and substantial threat to the environment, public health, safety, or welfare.

(2) The Department shall deliver written notice of an immediate suspension or revocation of a Food Processing Residuals Utilization Permit to the permittee which does the following:

(a) Informs the permittee of the emergency suspension or revocation;

(b) Cites the statute, regulation, or condition of the permit with which the permittee has failed to comply that is the basis for the emergency suspension or revocation;

(c) Specifies the corrective action to be taken by the permittee and the time period within which the action shall be taken; and

(d) Notifies the permittee of the right to request a hearing.

(3) The filing of a hearing request does not stay the revocation or suspension.

C. An opportunity shall be provided for a hearing if the permittee files a written request with the Department within 10 calendar days of receipt of the notice of suspension, revocation, or modification of a Food Processing Residuals Utilization Permit.

D. A hearing provided for in this regulation shall be conducted by the Department at a designated time and place in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

E. Actions taken in accordance with this regulation do not preclude the Department from taking other administrative, civil, or criminal action for violations of State law, regulations, or terms or conditions of a Food Processing Residuals Utilization Permit.

F. If the Department suspends or revokes a Food Processing Residuals Utilization Permit, the Department shall send notice of the suspension or revocation to the county in which the Food Processing Residuals Utilization Permit is issued by the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.27 Administrative Penalties.

A. If the Department determines that a person has violated any provision of Agriculture Article, Title 8, Subtitle 8A, Annotated Code of Maryland, any regulation adopted thereunder, or any condition the permit issued to the person, the Department may impose a civil penalty up to $5,000 per day, not to exceed $50,000 in total penalties for that violation.

B. In assessing a civil penalty imposed under §A, of this regulation, the Department shall give consideration to:

(1) The willfulness of the violation;

(2) The extent to which the existence of the violation was known to the violator but uncorrected by the violator;

(3) The extent to which the violator exercised reasonable care;

(4) The extent the violation resulted in actual harm to the environment or to human health or safety;

(5) The nature and degree of injury to or interference with general welfare, health, and property;

(6) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and

(7) The extent to which the violation creates the potential for harm to the environment or to human health or safety.

C. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.20.13.28 Tonnage Report and Tonnage Fee.

A. A person utilizing food processing residuals at an agricultural operation in the State shall:

(1) Mail to the Department, on a quarterly basis as provided in §B of this regulation, a statement showing the following information for each month within the quarter:

(a) The total tons of food processing residuals;

(b) The counties to which it was distributed; and

(c) The form in which the material was shipped, such as bulk or liquid;

(2) Furnish the Department with a semiannual written statement of the tonnage of food processing residuals transported to the agricultural operation showing every delivery of the material transported to the agricultural operation covering the following applicable 6-month time periods:

(a) January 1 through June 30 of each year (this statement is due within 31 days after the end of this semiannual period); and

(b) July 1 through December 31 of each year (this statement is due within 31 days after the end of this semiannual period); and

(3) For these same 6-month time periods, pay a tonnage fee of $4 per wet ton to the Department (this payment is due within 31 days after the end of each semiannual period) that, after collection, is to be paid to the Comptroller for distribution into the Food Processing Residuals Administration Fund. B. For each of the quarterly time periods listed below, the person shall mail to the Department the information specified in §A of this regulation within 30 days from the close of the applicable time period:

(a) January 1 through March 31;

(b) April 1 through June 30;

(c) July 1 through September 30; and

(d) October 1 through December 31.

B. If more than one person is involved in the transportation, storage, and land application of food processing residuals utilized at an agricultural operation, unless the persons otherwise agree, the person responsible for reporting the tonnage of material transported to the agricultural operation and paying the tonnage fee shall be the commercial broker, commercial hauler, or other person permitted to transport the material to an agricultural operation. Otherwise, this responsibility shall be performed by the person storing or land-applying this material at this site. The person responsible for reporting the tonnage of food processing residuals to the agricultural operation and paying the tonnage fee and shall be identified in the application or applications to utilize (e.g., transport, store, or land-apply) this material at the agricultural operation.

C. If the tonnage report is not filed and the tonnage fee is not paid within 31 days after the end of the semiannual period, a collection fee shall be assessed against the permittee. The amount of fees due constitute a debt and may become the basis of a judgment against this person.

D. A person who utilizes food processing residuals in the State shall keep records necessary or required by the Secretary to indicate accurately the tonnage of this material utilized in the State. The Secretary has the right to examine the records to verify any statement of tonnage.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations 01.— .28 adopted as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); adopted permanently effective March 17, 2025 (52:5 Md. R. 238)
  • Authority: Agriculture Article, §§8-8A-01 et seq., Annotated Code of Maryland
COMAR 15.21.01 Use and Sale of Antifouling Paints [Repealed]

History

  • Administrative History: Effective date: March 21, 1988 (15:6 Md. R. 741)
  • Administrative History: Regulations .01—.05 repealed effective May 2, 2011 (38:9 Md. R. 553)

15.22.01 Organic Definitions

COMAR 15.22.01.01 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Allelochemic” means a substance produced by an organism, or synthesized, that produces one or more reactions in a different species.

(2) “Certified handling operation” means a processor, distributor, or retailer that has obtained a permit under this subtitle.

(3) “Commingled” means inseparably mixed or interspersed with other product and not distinguishable from it.

(4) “Cover crop”, “nurse crop”, “intercropping”, or “green manure crop” means a crop:

(a) Planted primarily to cover the soil surface as mulch to retain moisture, prevent erosion, and recover and bind available nutrients from the soil for future use; or

(b) To be plowed under to replenish nutrients in the soil and increase soil tilth.

(5) “Department” means Maryland Department of Agriculture.

(6) “Distributor” means a person who transports or sells food or fiber for resale.

(7) “Farm” means land or growing area used for agricultural purposes under the management of a permitted producer or applicant for a certification permit.

(8) “Farm unit” means a tillable unit or growing area which has definite boundaries and for which an individual management plan is developed by an applicant for a certification permit.

(9) “Handle” means to sell, process, or package agricultural products.

(10) “Handler” means any person engaged in the business of handling agricultural products.

(11) “Julian date” means a calendar date expressed by three consecutive digits which indicate the day of the year in a series from 001 (=January 1) to 365 (= December 31 of a non-leap year) or 366 (= December 31 of a leap year).

(12) “Logo” means either the Maryland certified organic logo or the Maryland organic certification pending logo.

(13) “Organic” or “organic product” means a product that is produced, handled, and certified as provided by COMAR 15.22.02 and 15.22.03.

(14) “Organic farming” means a system of farm management practices designed to:

(a) Build, replenish, and maintain soil fertility by providing optimal conditions for soil biological activity;

(b) Build soil humus by:

(i) Using crop rotations,

(ii) Using organic materials for soil building, and

(iii) Applying balanced mineral amendments;

(c) Reduce the use of off-farm inputs and reliance on nonrenewable resources; and

(d) Use, when necessary, mechanical, botanical, or biological methods to control pests.

(15) “Organic farm plan” means a producer-established written plan for the present and future (for the next 3 years or longer) management of an organic farm, including, but not limited to, written plans to rotate crops, build humus, stabilize soil nutrients, and build fertility levels.

(16) “Organic handling plan” means a written plan to manage an organic handling operation, including all aspects of processing and handling and other practices as required under this subtitle, and that has been approved by the Department.

(17) “Permaculture” means a system of farming, such as orchards, in which the soil is not tilled or renewed annually.

(18) “Person” means an individual, group of individuals, corporation, association, organization, cooperative, or other entity.

(19) “Pesticide” means any substance or mixture of substances intended for:

(a) Preventing, destroying, repelling, or mitigating any pest;

(b) Use as a plant regulator, defoliant, or dessicant; or

(c) Use as a spray adjuvant such as a wetting agent or adhesive.

(20) “Pheromone” means a substance that is produced and discharged by an organism, or synthesized and released, that induces one or more physiological responses in another organism of the same species.

(21) “Processor” means a person who manufactures agricultural commodities into agricultural products.

(22) “Producer” means a person who grows or produces organic food, fiber, seed, planting material, or feed.

(23) “Raw manure” means agricultural animals' excrement, both solid and liquid, that has not been aged, aerated, composted, fermented, aerobically digested, or otherwise humified or processed in such a way as to improve its value as a biological activator.

(24) “Retailer” means a person, other than the operator of a restaurant, who sells product at retail to its ultimate consumer.

(25) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

(26) “Synthetic” means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that this term does not apply to substances created by naturally occurring biological processes.

(27) “Vendor” means a person who sells organic food or products.

History

  • Administrative History: Effective date:
  • Administrative History: Regulation .01 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland

15.22.02 Organic Product Standards

COMAR 15.22.02.01 Scope.

A. The purpose of these regulations is to establish standards that producers, processors, distributors, and retailers shall follow in order to have products which they have either produced or are handling certified as organic under the Department of Agriculture's organic certification program.

B. Producers are required to implement an organic farm plan which concentrates on sustainable farming practices. These practices include the use of cover crops, recycled animal and plant matter, beneficial insects, crop rotation, and green manures to build and maintain soil fertility and to control major pests.

C. These regulations also denote what the processor, distributor, and retailer shall do in order to have products they are marketing as organic under the Department's program continue in that status, such as the implementation of an organic handling plan.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.02 Organic Farm Plan.

A producer shall manage a farm in accordance with an organic farm plan that meets the requirements of this subtitle.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.03 Soil Management.

A. Soil Fertility. A producer shall promote soil fertility.

B. Crop Rotation.

(1) A producer shall rotate all crops, except crops that are:

(a) Perennials;

(b) Included in a permaculture system;

(c) Grown in containers; or

(d) Grown on a nonrotating basis as approved by the Department as part of the farm plan.

(2) A producer shall maintain a soil cover during the nonproducing season. The producer may use crop residue, mulch, or green manure crops.

(3) Rotation Plan. A producer shall build and maintain balanced nutrient levels in the soil using such methods as:

(a) Alternation of crops;

(b) Green manure crops;

(c) Cover crops and nurse crops;

(d) Crops with deep roots to stabilize the soil and bring nutrients from the subsoil;

(e) Alternation of plants that use large quantities or small quantities of nutrients;

(f) Plants with allelochemic or mineral-accumulating properties; and

(g) Plantings which fix or bind nitrogen.

C. Manuring.

(1) A producer may not apply raw manure in a way that significantly contributes to water contamination by nitrates or bacteria, such as applying it to frozen ground.

(2) A producer may apply raw manure to:

(a) Green manure crops;

(b) Perennial crops;

(c) Crops not for human consumption; or

(d) Crops for human consumption, if the crop is harvested 120 days or more following the most recent manure application.

(3) A producer may use manure composted either by aerobic digestion or controlled fermentation, or both.

(4) A producer may use liquid manure slurry if the slurry is aerated by adding carbon to the slurry. Its application is limited in the same manner as the application of raw manure as provided in this regulation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.04 Soil Amendments and Fertilizers.

A. A producer may use any of the substances or practices in §B of this regulation.

B. A producer shall follow label instructions, when applicable, when using the following substances:

(1) Adjuvants and wetting agents (organic);

(2) Animal manures;

(3) Biodynamic preparations;

(4) Blood meal;

(5) Bone meal;

(6) Boron/borax;

(7) Chelates and fritted trace elements;

(8) Composts;

(9) Diatomaceous earth;

(10) Dolomite;

(11) Epsom salts;

(12) Fallowing;

(13) Fish emulsion;

(14) Fish meal;

(15) Gibberellic acid and other naturally occurring growth regulators;

(16) Green manures;

(17) Greensand;

(18) Ground oyster, clam, lobster, crab shells;

(19) Gypsum;

(20) Hoof and horn meal (low lead);

(21) Kelp or seaweed meals, extracts, and algae;

(22) Legumes as cover crops;

(23) Limestone;

(24) Microbial compost or soil inoculants;

(25) Micronutrients (dry and foliar);

(26) Molybdenum (various);

(27) Mulches;

(28) Peat moss;

(29) Perlite;

(30) Potassium sulfate;

(31) Rock or colloidal phosphate (low heavy metals);

(32) Sawdust;

(33) Sulfate of iron, manganese, and molybdenum;

(34) Sulfate of zinc, boron, copper;

(35) Sulfur (elemental);

(36) Sul po mag (langbeinite);

(37) Vermiculite;

(38) Wood ashes;

(39) Worm castings; or

(40) Any other substance or practice approved by the Department.

C. A producer may not apply any allowed soil amendment or fertilizer at a rate that exceeds that recommended by an agency or a laboratory approved by the Department.

D. A producer shall forward to the Department the label and any other instructions for any product approved by the Department but not listed in this regulation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.05 Seeds, Seedlings, and Planting Stock.

A. A producer may grow a crop conventionally on the same farm used to grow a certified product only if the crop grown conventionally is visually different from those crops grown organically.

B. A producer shall use plant propagules produced according to the organic standards as provided in this subtitle.

C. Seeds and Planting Stock.

(1) General Rule. To the extent feasible, a producer shall use organically produced seeds and planting stock, including:

(a) Bulbs;

(b) Plant material derived through tissue culture; and

(c) Tubers.

(2) Use of Untreated, Nonorganically Produced Materials. If the use of organically produced seeds and planting stock is not feasible, a producer may use the following untreated, nonorganically produced materials to produce an organic crop:

(a) Bulbs;

(b) Plant material derived through tissue culture;

(c) Tubers; and

(d) Seeds, except those used for sprouts.

(3) Use of Treated, Nonorganically Produced Materials.

(a) Except as provided in §C(3)(b) of this regulation, a producer may not use treated, nonorganically produced materials to produce an organic crop.

(b) For each of the following limited reasons, a producer may use treated, nonorganically produced bulbs, crowns, seeds, shoots, slips, tissue culture plants, and tubers to produce an organic crop:

(i) Treatments limited to fungicides;

(ii) Commercial unavailability of untreated seeds or other organically produced planting stock of the same variety, and documentation of the producer's efforts to source untreated seeds or planting stock;

(iii) Use of treated seeds, as required by phytosanitary regulations, necessary to prevent endemic diseases; or

(iv) An unanticipated or emergency circumstance that makes it infeasible to obtain untreated seeds or other planting stock.

(4) Annual Seedlings and Transplants. Unless organic seedlings or planting stock have been destroyed by a natural disaster or other unanticipated circumstance, a producer shall organically produce annual seedlings and transplants.

(5) Perennial Crops. For perennial crops, a producer may use nonorganically produced planting stock to produce a crop which may be sold, labeled, or represented as organically produced only if the planting stock has been maintained under a system of organic management on a certified organic farm for a period of not less than 1 year.

(6) Prohibited Sources of Planting Stock.

(a) Except in cases of emergency, if transplants are destroyed by frost, flood, or other natural disaster, a producer is prohibited from using annual transplants that have not been produced according to the standards set forth in this regulation.

(b) In cases of emergency, a producer shall notify the Department immediately regarding an emergency and submit the notification in writing within 7 days.

(c) The Department shall verify the emergency conditions and determine a maximum length of time during which the organic producer may use annual transplants that have not been produced according to these standards.

(d) A producer may not use genetically engineered seeds, seedlings, and planting stock.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.06 Irrigation.

A. In areas where irrigation is necessary or desired, a producer shall include in the application for a certification permit and the farm plan an analysis of water quality and soil salinization.

B. A producer who irrigates and who is suspected by the Department to have a water-quality or soil-salinization problem shall:

(1) Retest for water quality or soil salinization, as required by the Department; and

(2) Submit tissue-test results for at least one edible crop produced each year until a residue from water contaminated with a substance prohibited by this subtitle is not found in the crop, and at least every third year after that.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.07 Tillage and Weed Control.

A. A producer may use, subject to applicable label instructions:

(1) Timely mechanical or hand cultivation;

(2) Crop rotations and use of smother crops;

(3) Mowing;

(4) Mulches (organic);

(5) Practices that prevent introduction of weed seeds into fields, such as mowing borders, cleaning equipment, and use of weed-free inputs;

(6) Companion cropping or intercropping;

(7) Electrical or flame weeding equipment;

(8) Grazing;

(9) Row covers;

(10) Isolation techniques;

(11) Biological agents or predators;

(12) Cover cropping;

(13) Soap-based herbicides; or

(14) Control of Maryland designated noxious weeds, as required by Agriculture Article, Title 9, Subtitle 4, Annotated Code of Maryland.

B. If justified and approved by the Department as part of the farm plan, a producer may use:

(1) Film mulches, provided these mulches after use are properly disposed of or held for recycling;

(2) Mulches made of newspapers; or

(3) A living or natural mulch.

C. A producer may not use:

(1) Synthetic herbicides or growth regulators; or

(2) Micronutrients at levels which cause significant adverse effects to plants.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.08 Pest and Disease Control.

A. A producer may use the following practices and substances consistent with applicable label instructions:

(1) Adjuvants and wetting agents (organic);

(2) Allelochemics (attractants, deterrents, repellants, locomotor stimulants, and convalescents);

(3) Bacillus thuringiensis (B.t.);

(4) Beneficial insects, predators, parasites;

(5) Biological pesticides and emulsifiers or synergists;

(5-1) Cryolite;

(6) Cultural practices (timing, environments);

(7) Diatomaceous earth;

(8) Dormant oils;

(9) Elemental sulfur or liquid sulfur;

(10) Fiber row covers;

(11) Fungicidal soaps;

(12) Garlic, hot peppers, or pureed plants;

(13) Growth regulators, only if organically derived;

(14) Herbal or plant-derived controls (deer repellent);

(15) Hydrogen peroxide;

(16) Insect extracts or purees;

(17) Lime sulfur, including calcium polysulfide;

(18) Mechanical or electrical controls;

(19) Microbial or viral agents;

(20) Micronutrients, with toxicity to be avoided;

(21) Natural barriers, which include fencing and protective coatings from approved natural products;

(21-1) Neem;

(21-2) Pesticides from naturally occurring organisms;

(22) Pheromones;

(23) Physical barriers;

(24) Pyrethrums, if from a botanical source;

(25) Quassias;

(26) Resistant varieties;

(27) 1 percent Rotenone;

(28) Ryania;

(29) Ryania, pyrethrum, and rotenone blends, if from a botanical source;

(30) Sabadilla;

(31) Seed inoculants;

(32) Soaps;

(33) Sound;

(34) Summer oils;

(35) Supplemental feeding or management techniques;

(36) Timing of plantings;

(37) Trapping substances;

(38) Tree seals;

(39) Vacuuming;

(40) Viral sprays; or

(41) Vitamins.

B. A producer may use the following substances and practices subject to applicable label instructions, but only for the purpose listed for each:

(1) Arsenic, which may only be used in pressure-treated wood but not for growing boxes;

(2) Baking soda and vinegar, which may be used for sanitation only;

(3) Boric acid, which may not be used on edible plant parts;

(4) Chlorine bleach, which may only be used as a disinfectant;

(5) Dormant oils (woody dormant);

(6) Hydrated lime, which may be used only as a foliar fungicide;

(7) Lime sulfur, which may be used only as a foliar fungicide; or

(8) Summer oil, which may not be used as a herbicide.

C. If approved by the Department as part of the farm plan, a producer may use the following substances subject to applicable label instructions:

(1) Streptomycin, with overuse to be avoided;

(2) Treated seeds;

(3) Bordeaux mixture;

(4) Copper hydroxide;

(5) Copper sulfate;

(6) Cupric oxide; or

(7) Tribasic copper formulations.

D. A producer using any of the copper-containing products listed in §C(3)—(7) of this regulation shall monitor the soil to avoid copper buildup.

E. A producer may use traps containing pesticides prohibited by this subtitle that do not contact, and are not added to, soil or water.

F. An organic producer may not use:

(1) Synthetically compounded pesticides;

(2) Nonsynthetic compounds, such as:

(a) Arsenic;

(b) Ash from manure burning;

(c) Lead salts;

(d) Sodium floualuminate (mined);

(e) Strychnine; or

(f) Tobacco dust, or nicotine-based products; or

(3) Genetically engineered or modified organisms.

G. A producer shall forward to the Department before use the label and any other instructions for a product not listed in this regulation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.09 Buffer Zone.

A. Except as otherwise provided in this chapter, a producer shall maintain at least a 25-foot buffer zone separating land in a farm unit being managed organically from other land.

B. A producer may be required by the Department to maintain a buffer zone wider than 25 feet and to take other precautionary measures if the use of the adjacent land presents a threat to the organic status of the farm unit.

Cross References

15.22.03.06F

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.10 Fertility Testing and Monitoring.

A. The Department may conduct soil and tissue tests at the producer's expense to determine fertility or to evaluate a producer's soil management methods.

B. At the producer's expense, the Department may test for heavy metals or other suspected contaminants in the soil and subsoil of any field that receives substantial amounts of manure from off-farm sources.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.11 Handling and Processing Organic Commodities.

A. A processor, packager, manufacturer, or distributor shall handle organic products in accordance with the approved organic handling plan and shall comply with the requirements of §§B—E of this regulation.

B. Cleaning and Processing.

(1) A processor, packager, manufacturer, or distributor shall ensure that:

(a) Commodities certified by the Department meet all other applicable United States, Maryland, and local government specifications, inspection standards, and health regulations;

(b) Before packaging or processing, all commodities are mechanically cleaned to remove used seeds, stones, straws, insects, dust, metal, dirt, and other foreign material in accordance with applicable federal standards;

(c) Processing facilities meet all other applicable federal, State, and local health requirements; and

(d) Processed flour does not exceed 43°C as it leaves the milling process.

(2) A processor may only process products using:

(a) Freezing, drying, vacuum packing, heat processing, centrifuging, filtering, or wood smoking if the wood has not been treated with synthetic chemicals; and

(b) Stainless steel, glass, or food-grade plastic utensils and containers.

(3) A processor may not process products using:

(a) Aluminum containers or aluminum utensils; or

(b) Ionizing radiation.

C. Raw Ingredients and Additives.

(1) A processor, packager, manufacturer, or distributor shall:

(a) Use primary ingredients from a certified organic source in any processed product sold, with the primary ingredients comprising at least 95 percent of the final product by weight or volume, excluding water and salt; and

(b) Specify on each label secondary ingredients from other sources.

(2) A processed product sold by a processor, packager, manufacturer, distributor, or retailer as certified organic may include:

(a) Only ingredients from certified organic sources, except ingredients that are not agricultural products, such as salt or wild or uncultivated products;

(b) Wild crops, provided they are managed by an organic farm plan which:

(i) Designates the area from which the wild crop will be gathered or harvested,

(ii) Includes a 3-year history of the management of the area showing that any substance prohibited by this subtitle has not been applied,

(iii) Includes a plan for the harvesting or gathering of the wild crops, assuring that this harvesting or gathering is not destructive to the environment and will sustain the growth and production of the wild crop, and

(iv) Includes provisions that the producer may not apply any substance prohibited by this subtitle;

(c) Yeasts or other microbial cultures; or

(d) Minimal levels of natural sweeteners or salt.

(3) A processed product sold by a processor, packager, manufacturer, distributor, or retailer as organic may include the following secondary ingredients, if approved by the Department, based on a claim that these ingredients are necessary to preserve or to enhance the product:

(a) Natural sweeteners or salt, including organically produced honey, maple syrup, or other natural sweeteners, in an amount greater than that necessary for processing;

(b) Natural preservatives, coloring agents, or other additives, such as natural ascorbic acid or beet juice;

(c) Thickeners, including pectins, or gelatins; or

(d) Carob gum, guar gum, potato starch, corn starch, or carrageenan.

(4) A processed product sold by a processor, packager, manufacturer, distributor, or retailer as certified organic may not include:

(a) Synthetic preservatives, coloring, flavoring, texturizers, emulsifiers, or additives of any kind;

(b) Ingredients containing sulfites, nitrites, nitrates, microelements, heavy metals, or toxic residues; or

(c) Water that does not meet all federal Safe Drinking Water Act requirements.

D. Packaging of Organic Commodities.

(1) Packaging material for organic commodities shall be free of fungicides, preservatives, or other chemical additives. Plastics subject to depolymerization may not be used as packaging material.

(2) Milled products shall indicate the lot number and the date of processing shown as a Julian date.

E. Storage and Transportation. A producer, processor, distributor, or retailer:

(1) May not use any packaging materials, storage containers, or bins that contain synthetic fungicides, preservatives, or fumigants;

(2) May not use any bag or container that previously had been in contact with any substance in such a manner as to compromise the organic quality of the product;

(3) Shall provide reused containers with protective liners as approved by the Department;

(4) Shall protect from birds, rodents, and other pests areas for storage of organic commodities; and

(5) May use diatomaceous earth, bacillus thuringiensis, pheromones, or other natural biological controls in storage areas or during transportation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.02.12 Post-Harvest Handling.

A. Upon prior written approval by the Department, a producer, shipper, packer, or other handler of organic products may:

(1) Apply disinfectants, as specified by the Department, to storage containers and handling equipment; or

(2) Apply post-harvest sulfur-based fungicides or botanical insecticides.

B. A producer, shipper, packer, or other handler of organic products may not apply to certified products at any point during post-harvest handling, transporting, or storage:

(1) Synthetic fumigants;

(2) Sprouting inhibitors, ripeners, or growth regulators;

(3) Preservatives;

(4) Coloring agents;

(5) Ionizing radiation; or

(6) Waxes, except beeswax, or oils.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.12 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .04 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .04C, D adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .05 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .07B amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .08A amended and G adopted as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .09 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11 amended as an emergency provision effective January 30, 2001 (28:4 Md. R. 415); amended permanently effective May 14, 2001 (28:9 Md. R. 888)
  • Administrative History: Regulation .11C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; adopted permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland

15.22.03 Organic Products Certification

COMAR 15.22.03.01 Organic Certification Program.

A. The Department shall supervise and administer the Maryland Organic Certification Program.

B. Under the program, a product shall be classified as either Maryland certified organic or Maryland organic certification pending. To obtain the Maryland certified organic classification, the product shall meet the standards established under Regulation .02A of this chapter, including the requirement that it be grown on land on which a substance or practice prohibited under this subtitle has not been applied during the immediately preceding 3 years. To obtain the Maryland organic certification pending classification, the product shall meet the standards established under Regulation .02B of this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.02 What May be Certified.

A. Maryland Certified Organic. The Department may certify a product as Maryland certified organic only if:

(1) It is grown on land which:

(a) Is organically farmed as provided under this subtitle,

(b) Is located in Maryland,

(c) Has not had a substance or practice prohibited under this subtitle applied to it during the immediately preceding 3 years, counting back from the date of harvest of the certified product, and

(d) Except as provided for in Regulation .05E of this chapter, has passed through the transitional phase; and

(2) Its organic status has been maintained through production, post-harvest handling, distribution, and retail sale, that is, its producer, processor, distributor, and retailer have complied with all of the requirements of this subtitle.

B. Maryland Organic Certification Pending. The Department may certify a product as Maryland organic certification pending only if it meets all the requirements imposed by §A of this regulation, except those noted in §A(1)(c) and (d).

Cross References

15.22.03.01B

15.22.03.14B

15.22.03.14C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.03 Permits.

A. In order to sell, market, advertise, or package a product as organic under the Department's certification program, the product's producer, processor, distributor, and retailer shall obtain a permit from the Department.

B. A permit that a producer, processor, distributor, or retailer obtains under this chapter is valid for 1 calendar year.

C. Transfer of Permit. A permit that the Department has issued under this chapter is not transferable.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.04 Permit Application Procedure.

An organic producer, processor, distributor, or retailer who applies for a permit under this chapter shall:

A. Submit a completed application to the Department, as provided under Regulation .05 of this chapter if the applicant is a producer, or as provided under Regulation .07 of this chapter if the applicant is a processor, distributor, or retailer;

B. Pay prescribed fees as provided under Regulation .11 of this chapter;

C. Be inspected by the Department as provided under Regulation .08 of this chapter;

D. Perform required soil and residue tests as provided under Regulation .09 of this chapter, if applicable; and

E. Maintain and make available to the Department all records required under Regulation .05 of this chapter if the applicant is a producer, or as provided under Regulation .07 of this chapter if the applicant is a processor, distributor, or retailer.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.05 Producer Requirements.

A. Application. A producer-applicant shall apply for either a Maryland organic certification pending or Maryland certified organic permit. A producer-applicant may apply for a Maryland certified organic permit on land which has not had a substance or practice prohibited under this subtitle applied to it during the immediately preceding 3 years and, except as provided under Regulation .05E of this chapter, has already passed through the transitional phase. In either case, the producer-applicant shall apply on a form provided by the Department for each farm that is to produce organic products. The producer shall submit this application to the Department at least 60 days in advance of the producer's preparation or tilling of the proposed farm unit. In 1991, the Department may waive this 60-day requirement.

B. Organic Farm Plan. In completing the application, a producer-applicant shall provide a detailed organic farm plan that contains all of the information required under Regulation .06 of this chapter.

C. Renewal. To renew the certification permit, the producer-applicant shall follow the procedures outlined in Regulation .10 of this chapter.

D. Transitional Phase. Except as provided for in Regulation .05E of this chapter, a producer-applicant shall first apply for a transitional Maryland organic certification pending permit for land on which the producer-applicant intends to grow organic products. If the Department has granted the producer-applicant a transitional Maryland organic certification pending permit with respect to certain land, the producer-applicant may continue using this land under the transitional status for a second and third year, provided the producer-applicant files a renewal application for each of these succeeding years and otherwise complies with the requirements of this subtitle. After 3 years, unless credit already has been obtained under §E of this regulation, the producer-applicant becomes eligible for, and shall obtain, a Maryland certified organic permit for this land or otherwise withdraw the land from the program for the next 2 years.

E. Credit. The producer-applicant may apply to have land on which organic products will be grown credited with up to 3 years of transitional status. A producer who requests this credit shall provide records, including test results and affidavits, showing that the requirements of this subtitle have been met. A producer given 3 or more years transitional credit shall be granted a Maryland certified organic permit.

F. A producer-applicant shall submit an application, organic farm plan, samples, and test results required by this subtitle for any new acreage to be entered into the certification program.

G. Reverting to Organic Certification Pending Status. If, after a producer-applicant has obtained a Maryland certified organic permit, the producer-applicant is unable to maintain an area of the farm as organic due to high pest levels or other reasons, and the producer-applicant notifies the Department within 5 days of discontinuing organic methods, the permit shall revert to organic certification pending without further penalty.

H. Record Keeping.

(1) A producer-applicant shall maintain for at least 5 years and make available to the Department, upon request, the following records for each farm unit:

(a) Unit-by-unit fertilization, cropping, and pest management histories, records of any other inputs such as source of seeds and seedlings, as well as harvest date;

(b) A detailed history of a substance, if any, applied to fields or products;

(c) The names and addresses of persons, if any, who applied the substance in §H(1)(b) of this regulation, and the date, rate, and method of application of this substance;

(d) A copy of the certification application;

(e) A copy of any inspection report; and

(f) Records indicating to whom a lot, bin, or any other identifiable quantity of an organic product was shipped.

(2) A producer of both organic and nonorganic products on the same farm shall keep separate records for each.

Cross References

15.22.03.02A(1)(d)

15.22.03.04A

15.22.03.04E

15.22.04.08E

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.06 Organic Farm Plan.

The producer-applicant shall ensure that the organic farm plan contains all of the following information:

A. The farm size, number of farm units, and farm equipment available;

B. A map showing details of:

(1) The location of each farm unit, and

(2) Any road, farm lane, building, or other crop near each farm unit;

C. For each farm unit, the means by which soil fertility is to be fostered, including a 3-year or longer rotation and nutrient stabilization plan, the terms and conditions under which manure is to be applied to crops, and other plans and methods the producer shall implement in order to be in compliance with Regulations .03 and .04 of COMAR 15.22.02;

D. 1-year, unit-by-unit crop and pest control plans for each farm area of the farm not under organic management but that is adjacent to an organically managed farm unit;

E. Intended changes or improvements in farm management;

F. A description of the required 25-foot buffer zone separating land managed organically from other land as required under COMAR 15.22.02.09;

G. A description of facilities and methods that will be used to keep farm equipment from contaminating organically managed fields, with substances prohibited by this subtitle;

H. A description of facilities and methods that will be used to store and handle prohibited materials separately from permitted or restricted materials;

I. A description of facilities and methods that will be used to prevent contamination or commingling of organic with nonorganic products while growing, harvesting, or packing products;

J. Results of soil, nutritional, and residue analyses required for a permit;

K. The practices and substances the producer shall use to control pests;

L. The proposed irrigation plan, if applicable, including an analysis of water quality and soil salinization;

M. The source of seeds and plant materials; and

N. For wild crops that are to be harvested and marketed under the provisions of this subtitle:

(1) Designate the area from which the wild crop will be gathered or harvested,

(2) Include a 3-year history of the management of the area, showing that no substance prohibited by this subtitle has been applied,

(3) Include a plan for the harvesting or gathering of the wild crops, assuring that this harvesting or gathering will not be destructive to the environment and will sustain the growth and production of the wild crop, and

(4) Include provisions that a substance prohibited by this subtitle may not be applied by the producer.

Cross References

15.22.03.05B

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.07 Processor, Distributor, and Retailer Requirements.

A. Application and Questionnaire.

(1) A processor, distributor, or retailer applicant shall complete an application on a Departmental form which includes a plan for maintaining the organic quality of products and which covers all applicable post-harvest aspects of processing and handling.

(2) A processor shall notify the Department on a Departmental form each time the processor substantially changes the state of the product, such as when fruit is processed into jelly.

B. Record Keeping. A processor, distributor, or retailer shall maintain records showing how its physical facilities and management techniques ensure that certified organic products do not mix or commingle with noncertified products.

C. Availability and Retention of Records.

(1) An approved processor, distributor, or retailer shall maintain for at least 5 years, and shall make available to the Department, upon request, the following records:

(a) A detailed history of a substance, if any, applied to organic products, including any pest control methods and materials used on the premises and how the organic product was protected;

(b) The names and addresses of persons, if any, who applied the substance in §C(1)(a) of this regulation, and the date, rate, and method of application of this substance;

(c) Records of tests performed on any crop; and

(d) Shipping records that enable tracing of the product from its original source through the chain of sale and distribution, including the source of the product and next purchaser of that product and the date of the transaction.

(2) The processor, distributor, or retailer shall ensure that the lot, bin, or shipment number remains with the product until it is sold to the consumer.

Cross References

15.22.03.04A

15.22.03.04E

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.08 Inspections.

A. Upon receipt of an application and verification of documents submitted by an applicant under Regulations .05 and .06 of this chapter, the Department shall conduct an initial inspection of a farm unit or business facility.

B. The Department shall conduct an annual on-site inspection of each farm or business facility that has obtained a certification permit under this subtitle.

C. A person who conducts an inspection under this subtitle may not:

(1) Carry out any inspection in which the inspector or any person employed by the inspector has, or has had during the immediately preceding 4 years, a commercial interest, including the provision of consultancy services in the activity inspected;

(2) Accept payment, gifts, or favors of any kind, other than prescribed fees, from the business inspected; or

(3) Provide advice concerning organic practices or techniques for a fee, other than fees established under this subtitle.

D. A person who conducts an inspection under this subtitle shall have sufficient expertise in organic production or handling techniques to carry out this responsibility and meet the minimum criteria for competence, as defined by the Department.

E. The Department shall maintain current information on the relevant qualifications, training, and experience of each member of the personnel involved in the certification process, including subcontractors. The records of training and experience include, but are not limited to:

(1) Name and address of training courses;

(2) Organization affiliation and position held;

(3) Educational qualification and professional status;

(4) Experience and training in each field of the certification agent's competence;

(5) Date of most recent updating of records; and

(6) Date and results of most recent performance appraisal.

Cross References

15.22.03.04C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.09 Testing of Certified Organic Products.

A. A producer-applicant for a permit to use the Maryland organic certification logos on organic products shall submit to the Department all required test results.

B. When the Department deems it appropriate, the Department may collect from each farm unit or business facility tissue samples to test for pesticide residues or nitrogen levels. Each permit holder shall pay the Department a fee for the tests performed. Random screening tests shall be conducted by the Department, as determined necessary.

C. The Department may perform specific analytical tests, at the permit holder's expense, on any organic product suspected of being in violation of this subtitle.

D. If the Department determines that a product sold or labeled as organically produced under this subtitle contains any detectable residue of a substance prohibited by this subtitle, the Department shall conduct an investigation to determine if this subtitle has been violated.

E. If an investigation conducted under §D of this regulation indicates that a substance prohibited by this subtitle was intentionally applied, or if the residue level is greater than 5 percent of the residue tolerance established by the United States Environmental Protection Agency, the product may not be sold or labeled as organically produced under this subtitle.

F. If, during an inspection of a farm or business facility, a Department inspector becomes aware of a violation of applicable laws relating to food safety, the inspector shall report the violation to the appropriate health agency.

Cross References

15.22.03.04D

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.10 Renewal Applications.

A permitted producer, processor, distributor, or retailer may renew a certification permit by:

A. Submitting a renewal application;

B. Paying a renewal fee;

C. Certifying, when applicable, that the certified farm unit or certified organic handling operation has not produced or handled any agricultural product sold or labeled as organically produced except in accordance with this subtitle; and

D. Otherwise complying with the requirements of this subtitle.

Cross References

15.22.03.05C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.11 Application and Renewal Fees.

A. Producer-Applicant Fees.

(1) Application Fee. An applicant for farm unit eligibility shall pay an initial application fee of $150 to the Department.

(2) Inspection Fee.

(a) Amount. An applicant for a certification permit shall pay:

(i) An inspection fee at an established on-site hourly rate for the Department inspector;

(ii) Established mileage rates for the Department inspector and the volunteer inspector; and

(iii) Costs of required tests performed by the Department.

(b) Required Deposit. The applicant shall pay the Department a $300 deposit which shall be applied toward the inspection and testing costs. If the applicant is rejected by the Department or chooses to withdraw the application, the deposit shall be refunded by the Department, except for the costs already incurred by the Department plus $10. If the total costs of certification are less than the deposit, the Department shall refund the excess deposit to the applicant. If the total costs of certification are greater than the deposit, the applicant shall pay any extra costs to the Department.

(3) Renewal Fee. After entry into the certification program, a producer shall pay the Department a 1-year renewal fee of $100.

B. Processor's Fee. A processor shall pay the Department a 1-year permit fee of $100, whether initially applying for a permit or renewing it.

C. Distributor and Retailer's Fees. A distributor or retailer shall pay the Department a 1-year permit fee of $75, whether initially applying for a permit or renewing it.

Cross References

15.22.03.04B

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.12 Action on Application.

A. Initial Determination. After receipt of all required verification documents, including inspection reports and the results of any required laboratory analyses, the Department shall determine whether to grant or deny the requested permit, and then notify the applicant of its decision.

B. Denial of Application. The Department may not grant a permit to an applicant if the:

(1) Requirements of this subtitle have not been met;

(2) Application or verification documents contain insufficient or false information upon which to make a determination of eligibility; or

(3) Applicant has violated any provisions of this subtitle.

Cross References

15.22.04.05

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.13 Logos.

The Department has adopted the following logos for use on products that meet the requirements of this subtitle:

A. Maryland Certified Organic Logo.

B. Maryland Organic Certification Pending Logo.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.14 Use of Logos.

A. Conditions of Use. A person possessing an approved permit under this subtitle may use the Maryland certified organic or Maryland organic certification pending logo, whichever is appropriate, on containers, labels, tags, signs, stickers, decals, or other packaging, promotional, or informational materials subject to the requirements of this subtitle and the approval of the Department.

B. Use of Maryland Certified Organic Logo. A product meeting the requirements of Regulation .02A of this chapter may be sold or labeled using the Maryland certified organic logo.

C. Use of Maryland Organic Certification Pending Logo. A product meeting the requirements of Regulation .02B of this chapter may be sold or labeled using the Maryland organic certification pending logo.

D. Prohibited Use. Unless the product meets the requirements of this subtitle, it may not be represented as being either Maryland certified organic or Maryland organic certification pending.

E. Use by Retailers and Distributors.

(1) The Department may grant permission to market Maryland certified organic or Maryland organic certification pending products to retailers and distributors who agree to comply with the requirements of this subtitle.

(2) Permitted retailers shall conspicuously display the certification permit to sell Maryland certified organic products in each store where the product is offered for sale.

(3) A certified retailer may use a Department-approved sign to identify only certified products by a producer holding a Maryland approved certification permit.

(4) Certified retailers shall adopt measures to ensure that products bearing a Maryland organic logo are easily identifiable to consumers and clearly distinguishable and separated from similar products that are not Maryland certified organic.

F. Accidental Contamination or Commingling. A retailer or distributor may not use either Maryland logo on, or represent as Maryland certified organic, food that is known to contain materials prohibited by this subtitle or that has been commingled with other food during distribution or stocking.

G. Fresh, raw, unpackaged food bearing either of the Maryland logos may be retailed in Maryland only by the producer or a retailer in possession of a Maryland permit.

H. Fresh, raw, unpackaged food bearing either of the Maryland logos may be distributed in Maryland only by the producer or a distributor in possession of a Maryland permit.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.15 Recordkeeping by the Department.

A. The Department shall maintain a list of producers, processors, distributors, and retailers who possess a certification permit.

B. The Department shall maintain all records concerning certification of agricultural products for at least 10 years.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.16 Organic Certification Advisory Committee.

A. Composition and Appointment. The Maryland Organic Certification Advisory Committee is composed of the following 12 members who are appointed by and serve at the pleasure of the Secretary:

(1) One consumer of organic products;

(2) Four producers of organic products;

(3) One handler of organic products;

(4) One representative of a recognized organic industry group;

(5) Four experts, at least one of whom is from the University of Maryland, in associated and related fields with knowledge of, and interest in, organic agriculture; and

(6) One member of the Maryland Agricultural Commission.

B. Committee Staff. Staff support for the Committee shall include four employees of the Department. Two of these employees shall have knowledge in the field of organic agriculture, and two shall represent the organic certification program and the marketing services program.

C. Quorum. A majority of the voting members of the Maryland Organic Certification Advisory Committee serving at any one time constitutes a quorum for transaction of business.

D. Terms.

(1) The term of any member serving on the Committee shall expire 3 years from the date of appointment.

(2) A member may not serve more than two consecutive terms.

(3) A vacancy shall be filled for an unexpired term, and appointment for an unexpired term may not be considered as one of two terms.

(4) Members shall attend and participate in a minimum of 50 percent of the meetings each year to remain in good standing.

(5) The Secretary shall invite nominations to the Committee from interested organizations.

E. Responsibilities. The Committee shall:

(1) Make policy recommendations to the Secretary regarding the operation, regulation, and promotion of the organic certification program and the organic industry; and

(2) Offer recommendations and suggestions as to how the Department can support and create opportunities for Maryland certified organic producers to market their products.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.17 Revocation or Suspension of Permit to Use Maryland Logos.

A. The Secretary may suspend or revoke any permit to use the Maryland logo if a permit holder violates any provision of this subtitle.

B. In an emergency, the Secretary may suspend a permit immediately upon finding a threat to public health, safety, or welfare.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.18 Enforcement and Complaint Investigation.

A person who believes that any provision of this subtitle has been violated may file a written complaint with the Department setting forth the facts and circumstances of any alleged violation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.19 Hearings and Appeals.

A. Hearings.

(1) If a person is charged by the Secretary with a violation of this subtitle, the Secretary shall give the person charged an opportunity to be heard pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) The Department shall hold a hearing promptly following an emergency suspension.

B. Appeals. A person whose permit is denied, revoked, or suspended may appeal according to Agriculture Article, §2-405, Annotated Code of Maryland. If a notice of appeal is not filed within 15 days, the initial determination of the Department becomes final.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.20 Violation of Regulations.

A violation of this subtitle is a misdemeanor punishable as provided in Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland
COMAR 15.22.03.21 Public Access.

Certification documents and laboratory analyses that pertain to certification are subject to inspection as provided under State Government Article, §§10-611—10-630, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.21 adopted as an emergency provision effective May 21, 1991 (18:12 Md. R. 1318); emergency status expired December 1, 1991; adopted permanently effective April 13, 1992 (19:7 Md. R. 746)
  • Administrative History: Regulation .05E amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .07C amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 897); emergency status extended at 22:19 Md. R. 1470; amended permanently effective October 9, 1995 (22:20 Md. R. 1545)
  • Administrative History: Regulation .08D adopted effective May 14, 2001 (28:9 Md. R. 889)
  • Administrative History: Regulation .16 amended effective May 14, 2001 (28:9 Md. R. 889); April 11, 2005 (32:7 Md. R. 684)
  • Authority: Agriculture Article, §§10-602 and 10-1402, Annotated Code of Maryland

15.22.04 Production Standards for Organic Animal Products

COMAR 15.22.04.01 Scope.

This chapter provides production standards for producers of certified organic animal products, including meat, dairy, and eggs, pursuant to the Maryland Organic Certification Program.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.02 Certification.

All animal products marketed or labeled, or both, as organic shall be produced on land or in facilities by organic animal producers certified by the Maryland Department of Agriculture, in accordance with COMAR 15.22.03, or an official organic certifying agent recognized by the Department. Producers of organic animal products seeking certification as organic food producers may apply for certification.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Approved” means Departmental standards for the production of organic animal products have been met.

(2) “Aquafarm” means a facility operated as a business, where aquatic animals and plants are produced under controlled conditions for all or part of their life cycle, by the following of accepted cultural practices such as feeding, breeding, sheltering, containing, planting, or otherwise nurturing or manipulating by a grower, breeder, or owner of the aquatic plant or animal.

(3) “Botanical pesticides” are pesticides derived from plant materials.

(4) “Certified organic feed” means feed produced and processed organically, as provided in COMAR 15.22.02.

(5) “Department” means Maryland Department of Agriculture.

(6) “Feed” means all edible materials which are consumed by livestock and poultry, including crops in pasture, for the purpose of supplying protein, carbohydrates, vitamins, and minerals for nutritional purposes.

(7) “Feed additives” mean substances used to fulfill a specific nutritional need in a feed ration.

(8) “Feed supplement” means any ingredient added to an animal's diet to supply additional nutrients either not supplied, or not supplied in sufficient quantities, including minerals, amino acids, and vitamins, to optimize an animal's health.

(9) “Material” means any substance or mixture of substances given internally, or applied externally, to an animal in the production of animals or animal products.

(10) “Organic animal producer” or “producer” means any person who manages animal production in accordance with this chapter, who labels and offers for sale animal products using the word “organic” or any derivative of “organic”.

(11) “Organic animal product” means any animal product labeled and offered for sale with the word “organic” or any derivative of “organic”.

(12) “Organic pasture” means ground covered with vegetation suitable for grazing that has been managed in accordance with COMAR 15.22.02 for organically produced commodities for at least 36 months.

(13) “Prohibited” means any material or practice which is disallowed by this chapter.

(14) “Remedy” means anything that relieves or cures a disease.

(15) “Secretary” means the Secretary of Agriculture or the Secretary's designee.

(16) “Valid veterinarian-client relationship” means a relationship where a veterinarian:

(a) Assumes the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and a producer agrees to follow the instructions of the veterinarian;

(b) Has sufficient knowledge of the circumstances to initiate at least a general or preliminary diagnosis of the medical condition of an animal, including when the veterinarian has recently seen and is personally acquainted with the care of an animal by examining the animal; and

(c) Is readily available for follow-up in case of adverse reactions or failure of the regimen of therapy.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.04 Organic Farm Plan.

A. A certified organic animal producer shall follow COMAR 15.22.02 in the development and the use of a farm plan for producing products under a system of organic management.

B. The plan shall address the following:

(1) Feed sources;

(2) Nutrient management;

(3) Animal health;

(4) Animal management;

(5) Animal identification;

(6) Shelter;

(7) Living conditions;

(8) Records;

(9) Disease prevention and treatment; and

(10) Parasite prevention and control.

C. A licensed veterinarian shall recommend disease and parasite prevention, treatment, and control programs within the context of a valid veterinarian-client relationship.

D. Sections A—C of this regulation, including the labeling provisions of Regulation .14 of this chapter, apply to farms in a transition period to becoming organically certified for livestock production.

E. If the farm is a split operation:

(1) There shall be functionally separate and observable differences between the certified organic and conventional sections; and

(2) Each section of the split operation shall be described in the farm plan.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.05 Certification Application, Inspection, Use of Logo, and Fees.

Organic animal producers shall follow regulations concerning certification, application, inspection, fees, and use of logo, as required under COMAR 15.22.03. The Department shall follow regulations on initial determination and denial of application, in accordance with COMAR 15.22.03.12.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.06 Record Keeping.

A. Organic livestock producers shall ear tag or otherwise individually identify organic livestock, with the exception of poultry and aquaculture, which may be identified by flock and school, respectively.

B. Organic livestock producers shall maintain the following records from birth or purchase of livestock animals, and for 5 years after the sale of the organic animal products or slaughter of organic livestock:

(1) All disease and pest management materials administered, including:

(a) Animal identification;

(b) Dates of administration;

(c) Types of materials;

(d) Dosages given; and

(e) Sources of materials;

(2) All purchased feeds, including:

(a) Dates purchased;

(b) Types of feed;

(c) Quantities purchased;

(d) Sources of feed; and

(e) Copies of organic certificates of feed suppliers;

(3) All sales records of organic animal products sold, including:

(a) Dates;

(b) Quantities; and

(c) Weights.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.07 Feed.

A. All certified organically produced livestock shall be fed 100 percent certified organic feed and approved feed supplements and additives, as defined in this regulation.

B. The following feed supplements and additives are approved for addition to organic feed, and may be from any source, provided the additive or its components are not prohibited under any other chapter of the organic program regulations:

(1) Amino acids (chelated or nonchelated);

(2) Enzymes;

(3) Fish meal, crab meal, and fish and crab byproducts;

(4) Mineral oil;

(5) Minerals;

(6) Salt; and

(7) Vitamins.

C. The following additives are prohibited from addition to organic feed:

(1) Animal drugs, including hormones, to promote growth;

(2) Feed supplements or additives in amounts above those needed for adequate nutrition and health maintenance for the species at its specific stage of life;

(3) Formulas containing urea or manure;

(4) Mammalian or poultry slaughter byproducts to mammals or poultry; and

(5) Plastic pellets for roughage.

D. The use of feed, feed supplements, or feed additives in violation of the federal Food, Drug, and Cosmetic Act, is prohibited.

E. An organic animal producer shall use feed, feed supplements, and feed additives in accordance with the Maryland Commercial Feed Law, as provided under Agriculture Article, §§6-101—6-117, Annotated Code of Maryland.

Cross References

15.22.04.10D(2)

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.08 Emergency Feed.

When an organic feed shortage results from emergency conditions, such as poor weather, road closures, crop failures due to drought, or area quarantine, the organic livestock producer may feed nonorganic feed to livestock for a limited period, provided:

A. The organic feed shortage is temporary and unforeseeable due to conditions beyond the producer's control;

B. The organic livestock producer makes every reasonable effort to locate organically certified feed, and maintains a record of every such effort, using feed in the following order:

(1) Certified organic feed;

(2) Noncertified organic (transitional) feed; and

(3) Conventional feed;

C. The organic livestock producer notifies the Department immediately of efforts to find organic feed, and submits the record within 7 days;

D. The Department verifies the emergency conditions and determines a maximum length of time during which the organic livestock producer may use emergency feed;

E. If noncertified organic feed is used for more than 3 days, the producer shall begin a transitional phase to become recertified, as provided under COMAR 15.22.03.05.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.09 Disease and Pest Management.

A. For animals to be considered “organically produced,” the organic producer shall implement an organic disease and pest management program. A producer may not use the term “certified organic” unless the producer has an organic disease and pest management program approved by the Department.

B. The required organic disease and pest management program shall emphasize prevention, and shall include strategies for disease prevention and treatment and for parasite control. Organic animal producers shall market only healthy animals and animal products, and may not deny treatment to an animal so it may be labeled or sold as certified organic.

C. Approved disease and pest management materials and practices include:

(1) Botanical insecticides for external parasite control and for fly management, only if labeled for such use;

(2) Homeopathic, naturopathic, and herbal remedies;

(3) Iodine, alcohol, hydrogen peroxide, copper sulfate, lime, lye, alkali carbonate, caustic potash, bleach, and potassium permanganate, used as disinfectants or cleaners, or both;

(4) Vaccinations against endemic disease, including coccidiosis vaccination (poultry);

(5) Sodium hypochlorite (bleach), used on machinery and facilities;

(6) Steam-sterilized equipment;

(7) Pasture rotation; and

(8) Quarantine of ill animals and new animals on the farm.

D. Animal Drugs.

(1) Animal drugs are restricted to breeder stock and to substances approved in §C of this regulation.

(2) Slaughter stock on whom animal drugs or any prohibited materials have been used shall be diverted into the conventional market, and may not be represented or marketed as “certified organic”.

(3) Synthetic antibiotics are permitted in the following situations:

(a) For medical emergencies where alternatives are not yet available;

(b) To save an animal's life; or

(c) To prevent unnecessary suffering.

(4) Synthetic parasiticides are permitted only when fecal or skin testing demonstrates their need, as recommended by a licensed veterinarian.

E. Applications of animal drugs shall occur within the context of a valid veterinarian-client relationship. Use of animal drugs requires justification for each use in the annual farm plan. Materials without withdrawal times are given preference. Use of any treatment not recognized by these regulations requires strict individual records on the treated animal, flock, school, or group of animals, and strict adherence to doubling the withdrawal times, as stated on the product label, and as defined by the federal Food, Drug, and Cosmetic Act.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.10 Living Conditions.

A. An organic livestock producer shall establish and maintain livestock living conditions in a manner that promotes the health and natural behavior of the animal.

B. An animal shall be provided access to shade, shelter, exercise areas, fresh air, and direct sunlight suitable to the species, its stage of production, the climate, and the environment.

C. A ruminant shall be provided access to pasture.

D. Bedding shall:

(1) Be clean and dry; and

(2) If typically consumed by the animal species, comply with Regulation .07 of this chapter.

E. Shelter shall be designed to allow for:

(1) Natural maintenance, comfort behaviors, and opportunities to exercise;

(2) Reduction of potential for livestock injury; and

(3) Temperature, ventilation, and air circulation suitable to the species.

F. An organic animal producer may provide temporary confinement for an animal to protect:

(1) Against the potential for injury to livestock;

(2) Against inclement weather;

(3) The animal in a vulnerable stage of production or development;

(4) The animal from conditions in which the health, safety, or well-being of the animal could be jeopardized; or

(5) Soil or water quality.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.11 Products from Bovine Animals, Swine, Lamb, Sheep, Goats, Rabbits, and Ratites.

Organic meat products produced from bovine animals, swine, lamb, sheep, goats, rabbits, and ratites shall be organically reared and managed:

A. From birth to slaughter; or

B. At least the last 90 percent of their lives before slaughter, and preferably from birth to slaughter.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.12 Poultry and Poultry Products.

Organic poultry products shall meet the following criteria:

A. Birds raised for meat production shall be fed 100 percent certified organic feed from the time the animals are 2 days old;

B. Laying hens and fowl shall be acquired or raised, or both, in one of two ways:

(1) Raised on 100 percent certified organic feed from 2-day old chicks; or

(2) Raised from started pullets that are managed nonorganically, provided they are managed organically within an approved farm plan for 56 days immediately prior to the sale of eggs as organic;

C. Slaughter birds may not be administered hormones, antibiotics, or synthetic parasiticides from 1 day old to slaughter; and

D. Egg-laying fowl flocks shall be registered with the Department, as provided in COMAR 15.04.01.09.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.13 Aquaculture Products.

Organic aquaculture products shall meet the following criteria:

A. Aquaculture stock shall be fed 100 percent certified organic feed from fingerling size, except that naturally occurring food, such as minnows and brine shrimp, are permitted as feed in combination with certified feed, as specified in the farm plan; and

B. The aquafarm shall be managed in accordance with COMAR 15.22.03, and include provisions for record keeping, disease control, and water testing or management, or both.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.14 Dairy Products.

A. The following substances may not be administered to dairy animals managed organically:

(1) Antibiotics, within 90 days before organic milk production; and

(2) Biotech milk enhancers, including BST.

B. Organic animal products produced from dairy animals shall meet the following criteria:

(1) If replacement stock is obtained from organically certified stock and managed in accordance with the organic farm plan, the dairy product is immediately usable in organic production;

(2) If replacement stock is not from certified organic stock, the organic animal producer may sell from the next lactation as an organic product if the producer manages the new stock under organic standards for the remainder of the current lactation and during the next dry period; and

(3) If heifers, dry cows, goats, and milk-sheep are not organically certified stock when brought to the organic farm, they shall be managed organically for 112 days from their arrival on the farm before their milk may be sold as an organic product.

Cross References

15.22.04.04D

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.15 Manure Management.

Operators of organic farms shall conform to the Maryland Nutrient Management Program regulations on manure management, as provided in COMAR 15.20.07.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland
COMAR 15.22.04.16 Regulations Under COMAR 15.22.03 To Be Followed by Organic Animal Producers.

Organic animal producers shall follow regulations, as provided under COMAR 15.22.03, concerning:

A. Revocation or suspension of permit to use Maryland logos;

B. Enforcement and complaint investigation;

C. Hearings and appeals;

D. Violations of regulations; and

E. Public access.

History

  • Administrative History: Effective date: February 19, 2001 (28:3 Md. R. 206)
  • Authority: Agriculture Article, §§6-101—6-117 and 10-1402, Annotated Code of Maryland

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