Agriculture (GAG) — Title 3. Regulation of Livestock and Poultry

The Secretary shall protect the health of the domestic animals of the State from all contagious or infectious diseases. For this purpose, the Secretary may:

The Secretary may establish, maintain, and enforce a quarantine order if he determines it is urgent and necessary for the prompt performance of the provisions provided in this section.

The Secretary may adopt rules and regulations governing the importation of domestic animals into the State from another state.

The Secretary may cooperate with the Department of Agriculture of the United States or other properly constituted agency of the federal government, to eradicate or control any contagious or infectious disease among livestock or poultry in the State, if the agreement provides that any work shall be controlled by the State.

In the event of an epidemic of contagious or infectious disease among livestock or poultry in the State, the Secretary may appoint the assistants necessary to suppress promptly the epidemic. The Secretary shall fix compensation for the assistants.

Every local health authority of every county shall investigate each reported case of contagious or infectious disease of livestock or poultry in the county. If the authority finds a contagious or infectious disease, it shall report to the Secretary.

Any person practicing veterinary medicine in the State shall report immediately to the Secretary any contagious or infectious disease among livestock or poultry of which he has knowledge. The report shall be in writing, and include a description of each animal affected, the name and exact address of the owner or person in charge of the animal, if known, the exact location of the animal, and the number of susceptible domestic animals that have been exposed to the disease. The report shall be made within 48 hours after the person knows of the disease.

To prevent the spread of contagious or infectious diseases, the Secretary, or his agent, may:

The owner or his agent shall secure the animal to make it possible for the Secretary or his agent to apply any test.

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 order of the Department.

For the performance of duties imposed by this section, the sheriff, deputy sheriff, or other law enforcement officer shall be compensated on a basis of performance of similar duties under existing laws.

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 factory, warehouse, vehicle, building, establishment, or other premises to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to the regulation and prevention of infectious and contagious livestock and poultry diseases.

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

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 compliance with the provisions of this subtitle relating to the regulation and prevention of infectious and contagious livestock and poultry diseases.

An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:

Any information obtained pursuant to an administrative search warrant shall be considered as confidential and may not be disclosed except to the extent utilized in an administrative or judicial proceeding.

There shall be two appraisers who shall be sworn before any officer authorized to administer oaths and affirmations. One shall be appointed by the owner or the agent of the owner of the building, article, or animal to be destroyed or slaughtered, and the other shall be appointed by the Secretary. If there is a disagreement, the Secretary shall appoint a third appraiser. If the owner or his agent refuses or neglects to name an appraiser, the Secretary shall appoint one.

The appraisal of any animal, together with its carcass, hide, and offal, may not exceed 90 percent of the fair market value of the animal, or $500 for any one animal. The appraisal of any building may not exceed 90 percent of its fair market value. When approved by the Secretary, the appraisal shall be filed with the Comptroller who shall issue his warrant to the Treasurer in favor of the owner for the amount of the appraisal.

If the owner of the building, article, or property is not satisfied with the appraisal, he may appeal to the circuit court of the county where the building, article, or property is located. The appeal shall be heard de novo.

A person may not sell or otherwise dispose of an animal which he knows or has good reason to believe is infected with any contagious or infectious disease, or has been exposed to one within 90 days. Also, a person may not permit the animal to pass over any public highway, street, lane, or alley, or to graze any unfenced lot or piece of ground without the consent of the Secretary.

No person may inoculate any animal in the State with the virus of any infectious or contagious disease incident to animals without the written consent of the Secretary.

A person may not refuse the Secretary or his agent access to his premises or vehicle nor resist the application of any quarantine order or rule or regulation.

A person may not conceal the fact that a contagious or infectious disease exists on his premises.

The General Assembly finds and declares that it is in the public interest to insure the public health, safety, and welfare by strictly regulating in this State the importation, transportation, sale, transfer, and possession of those animals which pose a possibility of:

In lieu of or in addition to any penalty provided by this title, the Secretary may impose an administrative penalty on any person who violates any provision of this title.

The penalty imposed under this section may not exceed $10,000.

All penalties collected under this section shall be distributed to the Animal Health Fund established under § 3–117 of this subtitle.

The Secretary shall adopt regulations necessary to implement the provisions of this section.

In this section, “Fund” means the Animal Health Fund.

There is an Animal Health Fund.

The purpose of the Fund is to defray the Department’s cost of issuing orders or conducting site visits and animal testing to prevent the spread of contagious or infectious diseases.

The Department shall administer the Fund.

The Fund consists of:

The Fund may be used only for defraying the Department’s cost of issuing orders or conducting site visits and animal testing to prevent the spread of contagious or infectious diseases.

Expenditures from the Fund may be made only in accordance with the State budget.

A person may not willfully make a false statement to the Department as to:

A person may not willfully provide false information on any report to the Department or provide false information to any person completing any animal health certificate, any laboratory report, or other document pertaining to the health status of any animal.

A person may not willfully alter any animal health certificate or report issued by a veterinarian, any laboratory, any agency of the State of Maryland or its political subdivisions, any agency of the United States or the several states, U.S. territories and the District of Columbia or any sovereign nation regarding the health of any animal entering, leaving, transiting, or residing in the State.

A person may not knowingly possess any altered animal health certificate or animal health report or present to any party as genuine, an altered or invalid animal health certificate or report regarding the health of any animal entering, leaving, transiting, or residing in the State.

A person may not willfully alter, damage, use, or attempt to use, with the intention to deceive, any animal cargo seal device, an animal or premises identification number, an animal or premises identification device, or an animal or premises registration document used in any animal health program of the Department.

A person may not knowingly make false statements or misrepresentations of fact to the Department in the application for any animal health program license, permit, registration, certification, diagnostic service, or an application for participation in any other animal health program of the Department.

A person may not willfully alter any license, permit, registration, certificate, laboratory or other report, order, sign, or any other completed document issued by the Department for the purpose of regulating or promoting animal health.

A person may not knowingly possess or present to any party as genuine, an altered or invalid license, permit, registration, certificate, laboratory or other report, order, or any other completed document issued by the Department for the purpose of regulating or promoting animal health.

In this subtitle the following words have the meanings indicated.

“Biological product” means any product derived from or containing microorganisms or animal tissues removed from the animal and used for diagnosing, treating, or immunizing against livestock or poultry diseases.

Except as authorized by the Secretary, a person may not possess, sell, donate, or distribute any biological product that is designated by the Secretary for use in a current government program for the control of animal disease.

The Secretary may establish, equip, and supervise a biological laboratory for producing any biological product in the State and for investigating and testing biological methods and products for treating livestock and poultry diseases.

The Secretary may cooperate with the University System of Maryland to prepare, test, use, and distribute biological products.

The Secretary may conduct tests and investigations of any biological product and perform research at the biological products laboratory.

Upon request of any governmental unit or political subdivision of the State, the Secretary shall conduct requested tests and investigations of any biological product for public purposes.

No person may treat any animal with any material or substance or in any manner for the purpose of preventing normal reaction of the animal to any test.

A person may not knowingly sell or offer for sale any animal that has reacted to any test, without informing the purchaser of the reaction.

No animal that has reacted to a test may be sold or removed from the premises where the test was made without the written permission of the Secretary.

In this subtitle the following words have the meanings indicated.

“Livestock” means cattle, swine, sheep, horses, asses, mules, or goats notwithstanding any other provision of this article.

“Livestock dealer” means any person who engages in the business of selling, buying, exchanging, or transferring livestock at any place and at any time.

“Livestock market” means an established location where livestock are offered for sale.

“3–D livestock” means livestock that is unable to rise even with assistance (a “downer”), is debilitated, or is diseased.

“Trucker or hauler” means a person who engages in the business of transporting livestock in trucks or other conveyances to or from a farm, a livestock auction, sales agency, or dealer’s premises.

No person may be a livestock dealer without first obtaining an annual livestock dealer’s license from the Secretary. No person may operate a livestock market without first obtaining an annual livestock market license from the Secretary for each market he operates.

Each license shall be issued upon payment of a $50 fee and shall be effective until June 30, following, unless revoked.

The Secretary shall issue an identification card to each licensee and his agent who shall carry it on his person. The licensee or agent shall display the license at each place of business.

Fraudulent or deceptive statement on an application for a license;

Conviction of a violation of any of the provisions of this subtitle or the rules or regulations adopted pursuant to it; or

Frequent or numerous violations of departmental rules and regulations.

Each licensed livestock market operator and licensed livestock dealer shall maintain a record covering all animals received and disposed of by him or his agents. The record shall include date of receipt, date of sale, and name and address of consignor and purchaser. Each animal shall be identified by any of the following (1) by a metal ear tag number, tattoo number, purebred name and registry number, or horn or hoof brand number, or any other method approved by the Secretary, and (2) by breed, sex, age, approximate weight, and health status. The record also shall show the purpose for which the animals are consigned, that is, whether for breeding, feeding, grazing, or milk production. Every record shall be retained for three years.

Individual identification is not required for (1) steers, (2) spayed heifers, or (3) calves under eight months of age of beef type for feeding and grazing purposes.

Every owner or consignor shall furnish the trucker or hauler of animals being moved to a farm or to sale with a health certificate or a declaration giving the name and address of the owner or consignor of the animals and the name and address of the consignee. Each trucker or hauler shall ensure that the operator of the truck or other vehicle possesses the appropriate health certificate or declaration for each animal.

Any consignment of animals not accompanied by the appropriate health certificate or declaration may be quarantined.

Establishing standards of sanitation and sanitary practices to be observed on all premises used by any person licensed pursuant to this subtitle; and

Governing the humane treatment of 3-D livestock at a livestock auction.

Any person who by dispersal sale is permanently discontinuing the business of dairying, breeding, raising, or feeding animals.

The part of the business of a farmer which consists of buying and receiving animals for grazing and feeding purposes and the sale or disposal of these animals after the grazing and feeding period.

The sale by a farmer of any breeding, surplus, or unprofitable animal owned by him.

The private sale, exchange, or transportation of any equine.

For purposes of this section, “garbage” means any putrescible animal and fowl waste resulting from the handling, preparation, cooking, and consumption of foods, including any animal and fowl carcass, part of it, and any other substance that has been mixed with or been in contact with any animal or fowl waste or carcass. The Secretary may exclude from this definition:

Garbage fed to swine contributes to the spread of infectious animal diseases. Therefore, it is the public policy of the State to prohibit the feeding of garbage to assist in the prevention and eradication of animal diseases and to protect the public health and public welfare.

No person may feed garbage to any swine, or deposit or receive garbage at any location where any swine is kept.

If any swine is fed garbage in violation of this section, it may not be sold or removed from the location within 30 days of having consumed the garbage, or longer if prescribed by the Secretary, and if the Secretary approves its removal.

This section does not apply to any person who feeds garbage from his own household to swine on his premises, if the swine is not sold or removed from the premises.

The Secretary may adopt rules and regulations he deems necessary to administer this section and enjoin violations of the section and departmental rules and regulations.

The Secretary or his agent may enter any location to conduct reasonable inspections in order to enforce § 3–404 of this subtitle.

The authority provided by this section and § 3–404 of this subtitle is in addition to and not in limitation of any other authority of the Secretary provided by law.

In this subtitle the following words have the meanings indicated.

“Herd” means five or more livestock.

No person may permit a herd of livestock upon any improved highway of the State unless the herd is attended by competent persons.

At least one attendant shall precede the herd at a distance of not more than 100 yards, and there shall be a driver not more than 100 yards in the rear of the herd.

The owner or occupant of an enclosure who finds a stray horse, sheep, hog, cow, or other domestic animal trespassing on the enclosure may impound the animal if the owner of the animal is known.

If the stray animal has caused damage, the individual who impounded the animal may have the damage valued under oath by two disinterested residents of the county.

After the damage is valued, the individual who impounded the animal shall notify the owner of the animal of the impoundment and the amount of the damage.

A person may not willfully and maliciously open the gate of another’s field, pasture, or enclosure that encloses livestock.

A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

In this subtitle the following words have the meanings indicated.

“Live poultry market” means any facility or location where poultry:

“Poultry” means any living domesticated bird.

“Poultry dealer” means a person who engages in the business of buying, selling, exchanging, or transporting poultry between a production facility and a live poultry market.

“Production facility” means the facility or farm that is the origin of poultry offered for sale at a live poultry market.

Except as provided by the Secretary, each live poultry market operator, production facility operator, and poultry dealer shall obtain an annual license from the Secretary.

Each license shall be effective until the following June 30, unless suspended or revoked.

In addition to the power to protect the health of domestic animals set forth elsewhere in this article, and subject to Subtitle 10 of this title, the Secretary may adopt an animal health protection program that is applicable to any live poultry market, production facility, and poultry dealer.

An animal health protection program adopted by the Secretary under subsection (a) of this section may include a program that meets the regulatory requirements of the United States Department of Agriculture’s Uniform Standards for the Prevention and Control of H5 and H7 Low Pathogenicity Avian Influenza in the live bird marketing system.

Except as provided by the Secretary, a person may not keep poultry unless the poultry is registered with the Secretary.

A person who keeps poultry shall complete and submit to the Secretary a registration form on which the person shall include:

Fraudulent or deceptive statement on an application for a license or certificate; or

A violation of Subtitle 1 of this title or any regulations adopted by the Secretary under this subtitle.

A person may not transport a horse in a vehicle that is not designed and constructed in a manner that at all times protects the health and well-being of the horse being transported.

To meet the requirements of subsection (a) of this section, at a minimum, a vehicle used to transport a horse shall:

For a first violation, $500 for each horse being transported; and

For a second or subsequent violation, $1,000 for each horse being transported.

In this subtitle the following words have the meanings indicated.

“Administered in a regular pattern” means used:

“Control the spread of disease or infection” means to contain the transmission of a documented disease or infection present in:

“Documented” means acknowledged and recorded.

“Medically important antimicrobial drug” means any drug from a class of drug or derivative of a class of drug that is:

“Medically important antimicrobial drug prescription” means an order issued by a veterinarian licensed in the State in the course of the veterinarian’s professional practice:

“Owner” means a person that:

“Prophylaxis” means the prevention of disease or infection in the absence of documented clinical signs of disease or infection.

“Treat a disease or infection” means to resolve clinical signs of infection or disease in an infected animal.

“Veterinary feed directive” means a written statement issued by a veterinarian licensed in the State in the course of the veterinarian’s professional practice that:

Cattle on a farm operation that sells fewer than 200 cattle per year;

Dairy cattle on a farm operation with a herd size of fewer than 300 dairy cattle;

Swine on a farm operation that sells fewer than 200 swine per year; or

Poultry on a farm operation that sells fewer than 60,000 birds per year.

A medically important antimicrobial drug may not be administered in feed or water to cattle, swine, or poultry unless ordered by a licensed veterinarian through:

Unless administration of a medically important antimicrobial drug is consistent with subsection (b)(1) of this section, a medically important antimicrobial drug may not be administered in a regular pattern to cattle, swine, or poultry.

A medically important antimicrobial drug may not be administered to cattle, swine, or poultry solely for the purpose of:

On or before January 1, 2021, the Department shall adopt regulations prohibiting the routine administration of a medically important antimicrobial drug to dairy cattle entering a dry cycle except when necessary based on an assessment of the presence of an intramammary infection.

Each year the Department shall collect publicly available data on the use in the State of medically important antimicrobial drugs in cattle, swine, and poultry from:

On or before February 1 each year, a licensed veterinarian shall submit to the Department, in a manner determined by the Department:

The Department shall maintain all records and information relating to the administration of medically important antimicrobial drugs submitted to the Department under this section: