Maryland Code, AGRICULTURE 2-103.1
Terms Used In Maryland Code, AGRICULTURE 2-103.1
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- County: means a county of the State or Baltimore City. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) Has been exposed to or contaminated by a radiological or chemical toxic material or agent; or
(2) Is infected or infested with a disease, pest, or pathogen.
(b) Before establishing a quarantine for a farm, the Secretary shall consult with the Governor, the Secretary of Health, and the Secretary of the Environment on issues of human health and the environment.
(c) Before a quarantine or order issued under this section takes effect, the Secretary shall give reasonable notice of the quarantine or order:
(1) In a newspaper of general circulation in the quarantine area;
(2) Through television or radio serving the quarantine area;
(3) By circulating notices or posting signs at conspicuous places in the quarantine area; or
(4) By notifying each landowner, tenant, or animal owner of the quarantine or order.
(d) (1) The Secretary shall establish procedures to allow a landowner, tenant, or animal owner to request the amendment, rescission, or termination of a quarantine or order issued under this section.
(2) A request to amend, rescind, or terminate a quarantine or order issued under this section may not suspend a quarantine or order of the Secretary.
(e) For the purpose of controlling or restricting the use of farmland, crops, livestock, poultry, or farm products as provided by this section, the Secretary may:
(1) Quarantine a farm area of the State known or reasonably believed to contain a farm product, crops, livestock, poultry, or farmland in an infected, infested, or contaminated condition;
(2) Regulate the movement, distribution, sale, or transportation of a crop, livestock, poultry, or farm product when it is reasonably likely to transfer infestation, infection, or contamination;
(3) Regulate or prohibit the on-farm grazing of livestock and poultry, slaughter and processing of livestock and poultry, packing of eggs, and harvesting or planting of a crop in a quarantined area when the Secretary determines that the action may prevent, limit, control, or eradicate any threat;
(4) Direct as part of a quarantine order for a quarantined farm area, treatments or decontamination;
(5) Enter private land that is part of a farm operation to inspect, sample, or test soil or crops, livestock, poultry, or a farm product on a farm; and
(6) Direct the treatment, stop-sale, detention, condemnation, seizure, or destruction of any crop, livestock, poultry, or farm product when the Secretary knows or reasonably believes that the action is necessary to control, retard, or eradicate a threat on a farm.
(f) A person may not resist the application of a quarantine or order of the Secretary.
(g) A person may not conceal the fact that a farm has been exposed to or contaminated by any radiological or chemical agent or toxic material or has been infected or infested with any disease, pest, or pathogen.
(h) Any farm quarantine or order by the Secretary under this section may provide for:
(1) The imposition of a civil penalty not exceeding $10,000 for each violation; and
(2) The method and conditions of collecting the civil penalty.
(i) (1) The Secretary may bring an action for an injunction against a person violating the provisions of this section, or violating a valid order or farm quarantine issued by the Secretary.
(2) In an action for an injunction brought under this section, a finding of the Secretary after a hearing shall be prima facie evidence of each fact found.
(3) On a showing by the Secretary that a person is violating or is about to violate the provisions of this section or is violating or is about to violate any valid order or quarantine issued by the Secretary, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law.
(4) In circumstances of an emergency creating conditions of imminent danger to agriculture, public health and safety, or the environment, the Secretary may institute an action for an immediate injunction to halt any activity causing the danger.
(5) An injunction instituted under this section shall be issued without bond.
(j) The Secretary may order any sheriff, deputy sheriff, or other law enforcement officer of the State or of any county to provide information or assist in the execution or enforcement of any farm quarantine or order of the Secretary.
(k) Nothing in this section shall be construed to limit any authority of the Secretary of the Environment under § 8-105 of the Environment Article.