2013 Maryland Code
AGRICULTURE
§ 6-107 - Registration

§6-107.

(a) Except as provided in subsection (e) of this section, a distributor shall register each brand name or product name of commercial feed before distributing it in the State. Customer-formula feeds and contract feeds are exempt from registration if the registration fee is paid on the commercial feeds which they contain.

(b) The registration application for commercial feeds shall be submitted on forms furnished by the Secretary, and shall also be accompanied by a label or other printed matter describing the product if requested by the Secretary. The application shall include the information required by §§ 6-109, 6-110, and 6-111 of this subtitle. When the Secretary has approved the registration, he shall furnish a copy to the applicant.

(c) The annual registration fee for each commercial feed distributed in the State is $50. Customer-formula feeds and contract feeds are exempt if the registration fee is paid on the commercial feeds which they contain.

(d) Each registration expires April 30 each year.

(e) Provided the product label has not been altered or changed, a distributor may not be required to register any brand of commercial feed which has been registered under this subtitle by another person.

§ 6-107 - 1. Reduction of phosphorus in poultry waste

(a) Reduction of phosphorus. -- By December 31, 2000, all contract feed that is fed to chickens must include phytase or other enzyme or additive that reduces phosphorus in poultry waste to the maximum extent that is commercially and biologically feasible.

(b) Regulations. -- Subject to the provisions of subsection (a) of this section, the Secretary shall adopt regulations to monitor compliance with subsection (a) of this section.

(c) Detrimental effect on production. -- If the Secretary determines that the requirements set forth in subsection (a) of this section have a significant detrimental effect on poultry production or the poultry market, the Secretary shall:

(1) Suspend the program for a reasonable period of time; or

(2) Recommend to the General Assembly that the requirement be modified or terminated.

(d) Consulting with other entities. -- In developing regulations under subsection (b) of this section and in making a determination under subsection (c) of this section, the Secretary shall consult with the Delmarva poultry industry, the Maryland Farm Bureau, and the University of Maryland Department of Animal and Avian Science.

§ 6-107 - 2. Assessments on commercial equine feed

(a) In general. -- The Secretary may establish an assessment of up to $ 6 per ton on commercial equine feed that is sold in Maryland.

(b) Payment. -- The assessment shall be paid by the person registering the feed according to the collection and reporting guidelines established by the Secretary by regulation.

(c) Payment into Maryland Horse Industry Fund. -- Any assessments collected shall be paid into the Maryland Horse Industry Fund as provided in § 2-708.2 of this article.

(d) Regulations. -- The Secretary shall adopt regulations to:

(1) Allow a person who purchases commercial equine feed in the State to request reimbursement of any assessment that was paid on the feed; and

(2) Require that a purchaser of feed be notified, at the point of sale, of the possibility of reimbursement.

(e) Limitation on use of funds. -- Notwithstanding any other provision of this subtitle, any funds collected under this section may be used only for education, research, and promotional materials and activities intended to benefit the Maryland equine industry.

§ 6-107 - 3. Sale of commercial feed for use as poultry feed

(a) Prohibition. -- Except as provided in subsection (b) of this section, a person may not use, sell, or distribute for use or sale within the State any commercial feed intended for use as poultry feed that contains:

(1) Roxarsone; or

(2) Any other additive that contains arsenic.

(b) Exception. -- A person may use, sell, or distribute for use or sale within the State any commercial feed intended for use as poultry feed that contains histostat.