2013 Maryland Code
AGRICULTURE
§ 2-103 - General powers and duties of Secretary [Effective until October 1, 2013.]

§2-103.

(a) The Secretary is responsible for the budget of his office and for the budgets of positions and units within the Department.

(b) The Secretary may adopt rules and regulations to carry out the provisions of this article. He is responsible for adopting and reviewing rules and regulations for the Department.

(c) The Secretary may create any advisory unit of any size he deems appropriate. At least one member of the Maryland Agricultural Commission shall be included on each advisory unit.

(d) The office of Secretary shall have a seal to authenticate copies of records or papers of the Department.

(e) The Secretary is responsible for coordination and direction of comprehensive planning facilities initiated by his office. In addition, he shall keep himself fully appraised of plans, proposals, and projects of each position and unit within the Department, and may approve, disapprove, or modify any of them.

(f) In addition to the meetings of any unit within the Department provided for by law or called by the chairman of the unit, the Secretary may call a meeting of any unit for the consideration of any subject which he considers necessary and proper, whenever he deems it appropriate.

(g) Every position or unit within the Department shall report to the Secretary as provided in written directives adopted by the Secretary.

(h) The Secretary may exercise or perform any power, duty, responsibility, or function which any position or unit within the Department may exercise or perform, except those vested by law in the board of review of the Department, and the Maryland Agricultural Commission. The Secretary has general supervision, direction, and control of the provisions of this article and generally of all matters in any way affecting or relating to the fostering, protection, and development of the agricultural interests of the State.

§ 2-103 - General powers and duties of Secretary [Effective October 1, 2013].

(a) Budgets. -- The Secretary is responsible for the budget of his office and for the budgets of positions and units within the Department.

(b) Rules and regulations. -- The Secretary may adopt rules and regulations to carry out the provisions of this article. He is responsible for adopting and reviewing rules and regulations for the Department.

(c) Creation of advisory boards. -- The Secretary may create any advisory unit of any size he deems appropriate. At least one member of the Maryland Agricultural Commission shall be included on each advisory unit.

(d) Seal. -- The office of Secretary shall have a seal to authenticate copies of records or papers of the Department.

(e) Plans, proposals, and projects. -- The Secretary is responsible for coordination and direction of comprehensive planning facilities initiated by his office. In addition, he shall keep himself fully appraised of plans, proposals, and projects of each position and unit within the Department, and may approve, disapprove, or modify any of them.

(f) Calling meetings of units. -- In addition to the meetings of any unit within the Department provided for by law or called by the chairman of the unit, the Secretary may call a meeting of any unit for the consideration of any subject which he considers necessary and proper, whenever he deems it appropriate.

(g) Reports by units in Department. -- Every position or unit within the Department shall report to the Secretary as provided in written directives adopted by the Secretary.

(h) Exercise of powers and duties of Commission. -- The Secretary may exercise or perform any power, duty, responsibility, or function which any position or unit within the Department may exercise or perform, except those vested by law in the Maryland Agricultural Commission. The Secretary has general supervision, direction, and control of the provisions of this article and generally of all matters in any way affecting or relating to the fostering, protection, and development of the agricultural interests of the State.

§ 2-103 - 1. Farm quarantine

(a) In general. -- The Secretary may establish a farm quarantine and issue appropriate orders necessary to control or restrict the use of farmland, crops, livestock, poultry, or a farm product existing on a farm that:

(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) Consultation. -- Before establishing a quarantine for a farm, the Secretary shall consult with the Governor, the Secretary of Health and Mental Hygiene, and the Secretary of the Environment on issues of human health and the environment.

(c) Notice. -- 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) Procedures to request amendment, rescission or termination of quarantine. --

(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) Duties of Secretary. -- 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) Resistance of quarantine or order prohibited. -- A person may not resist the application of a quarantine or order of the Secretary.

(g) Concealment of contamination or infestation prohibited. -- 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) Civil penalty. -- 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) Injunction. --

(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) Execution or enforcement of quarantine or order. -- 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) Authority of Secretary not limited. -- Nothing in this section shall be construed to limit any authority of the Secretary of the Environment under § 8-105 of the Environment Article.

§ 2-103 - 2. Administrative search warrant

(a) In general. -- The Secretary or a designee of the Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any farm to conduct any inspection required or authorized by law to determine compliance with the provisions relating to the control and restriction of farmland, crops, livestock, poultry, or farm products, exposed to or contaminated by any radiological or chemical toxic material or agent or infected or infested with any disease or pest.

(b) Requirements of application. --

(1) The application shall be in writing and signed and sworn to by the applicant and shall particularly describe the place, structure, premises, vehicle, or records to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant.

(2) Before the filing of a search warrant application with a court, it shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section, and a statement to this effect shall be included as part of the application.

(c) Issuance. -- A judge of a court referred to in subsection (a) of this section may issue the warrant on finding that:

(1) The applicant has sought access to the property for the purpose of making an inspection;

(2) (i) After requesting, at a reasonable time, the owner, tenant, or other individual in charge of the property to allow access, access to the property has been denied; or

(ii) After making a reasonable effort, the applicant has been unable to locate the owner, tenant, or other individual in charge of the property;

(3) The requirements of subsection (b) of this section are met;

(4) The Secretary or designee of the Secretary is authorized or required by law to make an inspection of the property for which the warrant is sought; and

(5) Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of any farmland, crops, livestock, poultry, or farm product exposed to or contaminated by any radiological or chemical agent or infected or infested with any disease or pest.

(d) Requirements. --

(1) An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle, or records to be inspected.

(2) The inspection conducted may not exceed the limits specified in the warrant.

(e) Scope. -- An administrative search warrant issued under this section authorizes the Secretary or designee of the Secretary to enter the specified property to perform the inspection, sampling, and other functions authorized by law to determine whether the farmland, crops, livestock, poultry, or farm product is contaminated by a radiological or chemical agent or infected or infested with a disease or pest.

(f) Execution and return. -- An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:

(1) The time specified in the warrant, not to exceed 30 days; or

(2) If no time period is specified in the warrant, 15 days from the date of issuance of the warrant.