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§ 2-103.1. Farm quarantines or orders

West's Annotated Code of MarylandAgricultureEffective: July 1, 2012

West's Annotated Code of Maryland
Agriculture
Title 2. Department of Agriculture (Refs & Annos)
Subtitle 1. Organization, Powers and Authority of Department-in General
Effective: July 1, 2012
MD Code, Agriculture, § 2-103.1
§ 2-103.1. Farm quarantines or orders
Exposure to radiological or chemical toxic materials, diseases or pests
(a) 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.
Human health and environment issues
(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.
Notice or quarantine or order
(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.
Amendment, rescission, or termination of 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.
Control or restriction of farmland, crops, livestock, poultry, or farm products
(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.
Resistance to application of quarantine or order prohibited
(f) A person may not resist the application of a quarantine or order of the Secretary.
Concealment of exposure or contamination prohibited
(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.
Fines and penalties
(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.
Injunctions
(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.
Sheriffs, deputy sheriffs, or law enforcement officers
(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.
Construction with § 8-105 of Environment Article
(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.

Credits

Added by Acts 2010, c. 34, § 1, eff. Oct. 1, 2010. Amended by Acts 2012, c. 32, § 1, eff. July 1, 2012; Acts 2017, c. 62, § 6.
MD Code, Agriculture, § 2-103.1, MD AGRIC § 2-103.1
Current through all legislation from the 2020 Regular Session of the General Assembly.
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