There is a Department of Agriculture, established as a principal department of the State government.

The head of the Department is the Secretary of Agriculture, who shall be appointed by the Governor, with the advice and consent of the Senate. The Secretary shall receive the salary provided in the State budget. He serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall counsel and advise the Governor on all matters assigned to the Department of Agriculture and is responsible for carrying out the Governor’s policies with respect to these matters. The Secretary shall be responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary, with the approval of the Governor, shall appoint a deputy secretary who has the duties provided by law or delegated by the Secretary. The deputy secretary serves at the pleasure of the Secretary and shall receive the salary provided in the State budget. The Secretary also shall have within the Department assistants, professional consultants, and employees as provided in the State budget. Assistants in charge of areas of responsibility and professional consultants shall be in the executive service, management service, or special appointments in the State Personnel Management System and shall serve at the pleasure of the Secretary. Wherever it is provided by law that the Secretary makes an appointment to a particular office within the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor’s approval. Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with the provisions of the State Personnel and Pensions Article. The Secretary may delegate the authority to appoint and remove personnel of any unit to the administrator of the unit. Notwithstanding the provisions of §§ 5–502 through 5–504 of the General Provisions Article, an individual who owns or operates a farm that is subject to the regulatory authority of the Department may be employed within the Department, if the individual, with respect to the farm activities of the individual’s farm, does not exercise any regulatory or supervisory authority in the individual’s capacity as an employee of the Department. The Department, in consultation with the State Ethics Commission, shall adopt regulations to govern conflicts of interest with respect to employment of individuals who own or operate a farm under this subsection.

The Secretary is responsible for the budget of his office and for the budgets of positions and units within the Department. 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. 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. The office of Secretary shall have a seal to authenticate copies of records or papers of the Department. 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. 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. Every position or unit within the Department shall report to the Secretary as provided in written directives adopted by the Secretary. 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.

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: Has been exposed to or contaminated by a radiological or chemical toxic material or agent; or Is infected or infested with a disease, pest, or pathogen. 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. Before a quarantine or order issued under this section takes effect, the Secretary shall give reasonable notice of the quarantine or order: In a newspaper of general circulation in the quarantine area; Through television or radio serving the quarantine area; By circulating notices or posting signs at conspicuous places in the quarantine area; or By notifying each landowner, tenant, or animal owner of the quarantine or order. 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. 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. 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: 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; 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; 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; Direct as part of a quarantine order for a quarantined farm area, treatments or decontamination; 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 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. A person may not resist the application of a quarantine or order of the Secretary. 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. Any farm quarantine or order by the Secretary under this section may provide for: The imposition of a civil penalty not exceeding $10,000 for each violation; and The method and conditions of collecting the civil penalty. 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. 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. 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. 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. An injunction instituted under this section shall be issued without bond. 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. Nothing in this section shall be construed to limit any authority of the Secretary of the Environment under § 8–105 of the Environment Article.

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. 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. 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. A judge of a court referred to in subsection (a) of this section may issue the warrant on finding that: The applicant has sought access to the property for the purpose of making an inspection; 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 After making a reasonable effort, the applicant has been unable to locate the owner, tenant, or other individual in charge of the property; The requirements of subsection (b) of this section are met; 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 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. An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle, or records to be inspected. The inspection conducted may not exceed the limits specified in the warrant. 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. An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within: The time specified in the warrant, not to exceed 30 days; or If no time period is specified in the warrant, 15 days from the date of issuance of the warrant.

The Secretary shall carry out and enforce the provisions of this article. The Secretary may call upon any sheriff, deputy sheriff, and any law enforcement officer of any county, for information and assistance to carry out and enforce the provisions of this article and the departmental rules and regulations. Every officer shall obey and observe every order and instruction he receives from the Secretary concerning the enforcement of any provision of this article and the departmental rules and regulations within his respective jurisdiction. Each officer shall be paid as for the performance of similar duties under existing laws. No person may unlawfully assault, resist, oppose, impede, intimidate, interfere, otherwise unlawfully prevent, or attempt to prevent the Secretary in the performance of his duties under this subtitle.

The Attorney General is the legal advisor and counsel to the Department. He shall assign to the Department the number of assistant attorneys general authorized by law and necessary to render effective legal advice and counsel. The Attorney General shall designate an assistant attorney general as counsel to the Department. The counsel to the Department shall have no duty other than to render legal advice and counsel as required by the Secretary and other officials of the Department, and to supervise other assistant attorneys general assigned to the Department. The counsel shall perform these duties subject to the control and supervision of the Attorney General. When the Attorney General has designated the counsel to the Department, he may not reassign him without consulting the Secretary. The counsel and other assistant attorneys general shall receive the salary provided in the State budget.

The following positions and units are included within the Department: The Maryland Agricultural Fair Board; The Chief of Weights and Measures; The State Chemist; The State Veterinarian; The State Board of Veterinary Medical Examiners; The State Soil Conservation Committee; The Maryland Agricultural Commission; The Maryland Horse Industry Board; The Maryland Winery and Grape Growers’ Advisory Board; The Seafood Marketing Advisory Commission; and The State Specialist for Value–Added Agriculture. The Secretary shall appoint the State Chemist, State Veterinarian, State Specialist for Value–Added Agriculture, and Chief of Weights and Measures. The Department also includes any other position or unit which is declared within the Department pursuant to law.

Every rule, regulation, form, order, and directive adopted by or in effect for any position or unit assigned to the Department, or for any abolished position or unit whose functions have been transferred to the Department remains in effect until changed by the Secretary or any other official authorized to change them. Every reference in this Code, any other State law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document of or to any unit which is abolished and whose function has been transferred to the Department, means the Department. The duties, powers, and responsibilities of the position or unit become the duties, powers, and responsibilities of the Secretary.

In this section the following words have the meanings indicated. “Grant Program” means the On–Farm Organics Diversion and Recycling Grant Program. “Urban agricultural producer” has the meaning stated in § 2–2001 of this title. “Urban farmer” has the meaning stated in § 2–401 of this title. Beginning July 1, 2028, there is an On–Farm Organics Diversion and Recycling Grant Program in the Department. The purpose of the Grant Program is to award grants annually for developing and implementing on–farm organics recycling and compost use, wasted food prevention, and food rescue. The Department, in consultation with the Department of the Environment, shall: Administer the Grant Program; and Identify and apply for funding for the Grant Program. The following persons are eligible for a grant under the Grant Program: A farmer, an urban farmer, or an urban agricultural producer; A soil conservation district; An institution of higher education as defined in § 10–101 of the Education Article; A nonprofit organization; A business in the State that is in: Good standing with the State Department of Assessments and Taxation; and Partnership with a farmer, an urban farmer, or an urban agricultural producer; and A consortium of any entities under this subsection. A project is eligible for a grant under the Grant Program if the project develops, maintains, or expands infrastructure, collection programs, education, or technical assistance in the State that: Reduces the amount of wasted food generated; Rescues edible food for purposes of redistribution; Recovers wasted food as animal feed if the feed is registered and treated in accordance with regulations implemented by the Department; Composts or recycles food residuals that are separated from packaging prior to collection, including at–home, community, and on–farm composting; Provides labor and wages in support of wasted food prevention, food rescue, and on–farm organics recycling and compost use; Provides best management practice training in relevant fields by a reputable training program; Studies the impacts of compost application on on–farm nutrient and water quality management; or Assists in the payment of applicable permit application costs. In awarding grants under the Grant Program, the Department, in consultation with the Department of the Environment, shall prioritize projects: For which the applicant clearly describes how the project will: Provide direct, meaningful, and assured benefits to the community; and Address important community needs; That prevent, rescue, and divert wasted food within a local community; That plan to produce compost that meets the classification of “General Use” under COMAR 15.18.04.05; That plan to produce minimally contaminated compost through: Processing organic materials that are separated from packaging prior to collection; Not using depackagers; and Meeting the U.S. Composting Council’s Seal of Testing Assurance; That serve an overburdened or underserved community as defined in § 1–701 of the Environment Article; That minimize negative impacts to the local community; and That maximize benefits to the local community, including: The creation of jobs; Increasing job training; and Increasing hiring and leadership development practices that are inclusive and provide a living wage. For fiscal year 2028 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $250,000 to the Grant Program. On or before December 31, 2028, and each December 31 thereafter, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: The number and types of grants awarded; The impact of the grants on the creation of jobs and other benefits to the State; The impact on food waste prevented, rescued, and diverted from disposal; and The impact on farmers, urban farmers, and urban agricultural producers in the State.