Title 4. Regulation of Livestock, Poultry Products, and Eggs — Subtitle 2. Maryland Poultry Products Inspection Act
Statutes in effect as of October 1, 2026.
Md. Code Ann., Agric. § 4-201 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–201LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
Any poultry product is “adulterated” if:
(1)
It bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance, the article shall not be considered adulterated if the quantity of the substance in or on the article ordinarily does not render it injurious to health;
(2)
Any substance is added to any poultry or poultry product so that the poultry product bears or contains any added poisonous or deleterious substance which, in the Department’s judgment, makes the article unfit for human food, unless the added substance is (i) a pesticide chemical in or on a raw agricultural commodity, (ii) a food additive, or (iii) a color additive;
(3)
It is wholly or partially a raw agricultural commodity and the commodity bears or contains a pesticide chemical which is unsafe within the meaning of § 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 346a), unless the substance is prohibited in official establishments by the departmental rules and regulations;
(4)
It bears or contains any food additive which is unsafe within the meaning of § 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348), unless the substance is prohibited in official establishments by departmental rules and regulations;
(5)
It bears or contains any color additive which is unsafe within the meaning of § 706 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348), unless the substance is prohibited in official establishments by departmental rules and regulations;
(6)
It wholly or partially consists of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(7)
It has been prepared, packed, or held under insanitary conditions that may have caused it to become contaminated with filth, or that may have rendered it injurious to health;
(8)
It is wholly or partially the product of any poultry which has died other than by slaughter;
(9)
Its container is composed, wholly or partially, of any poisonous or deleterious substance which may render the contents injurious to health;
(10)
It intentionally has been subjected to radiation, unless the use of radiation was in conformity with a regulation or exemption in effect pursuant to § 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348); or
(11)
Any valuable constituent has been omitted or abstracted wholly or partially from it; or if any substance has been substituted wholly or partially for it; or if damage or inferiority has been concealed in any manner; or if any substance has been added to it or mixed or packed with it so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(c)
“Animal food manufacturer” means any person engaged in the business of manufacturing or processing animal food derived wholly or partially from any poultry carcass or part or product of it.
(d)
“Capable of use as human food” means any poultry carcass, or part or product of it, that is not denatured, not naturally inedible by humans, or not otherwise identified, as required by rule or regulation adopted by the Secretary, to deter its use as human food.
(e)
“Color additive” has the same meaning as under the Federal Food, Drug, and Cosmetic Act.
(f)
“Container” or “package” includes any box, can, tin, cloth, plastic, other receptacle, wrapper, or cover.
(g)
“Federal Food, Drug, and Cosmetic Act” means the act so entitled approved June 25, 1938 (52 Stat. 1040).
(h)
“Federal Poultry Products Inspection Act” means the act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791).
(i)
“Food additive” has the same meaning as under the Federal Food, Drug, and Cosmetic Act.
(j)
“Immediate container” includes any consumer package or any other container in which any poultry product, not consumer packaged, is packed.
(k)
“Inspection service” means the official government service to which the Secretary designates the responsibility for carrying out the provisions of this subtitle.
(l)
“Inspector” means a State employee or government employee authorized by the Secretary to inspect poultry and poultry products under the authority of this subtitle.
(m)
“Label” means a display of written, printed, or graphic matter upon any article or the immediate container, not including the package liner, of any article.
(n)
“Labeling” means every label and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying any article.
(o)
Any poultry product is “misbranded” if:
(1)
Its labeling is false or misleading in any particular;
(2)
It is offered for sale under the name of another food;
(3)
It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately after it, the name of the food imitated;
(4)
Its container is made, formed, or filled so that it is misleading;
(5)
It does not bear a label showing (i) the name and place of business of the manufacturer, packer, or distributor and (ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count. Under clause (ii) of this paragraph, reasonable variations may be permitted, and exemptions for small packages or articles not in packages or other containers, may be established by departmental rules and regulations;
(6)
Any word, statement, or other information required by, or under authority of, this subtitle to appear on the label or other labeling is not placed prominently and conspicuously on it, as compared with other words, statements, designs, or devices in the labeling, and in terms that do not render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(7)
It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by departmental rules and regulations under § 4–209 of this subtitle, unless (i) it conforms to the definition and standard, (ii) its label bears the name of the food specified in the definition and standard and as may be required by the rules and regulations, and (iii) its label bears the common names of optional ingredients, other than spices, flavoring, and coloring, present in the food as required by rules and regulations;
(8)
It purports to be or is represented as a food for which a standard of fill of container is prescribed by departmental rules and regulations under § 4–209 of this subtitle, and it falls below the standard of fill of container applicable to it, unless its label bears a statement that it falls below the standard, in the manner and form the rules and regulations specify;
(9)
It is not subject to the provisions of paragraph (7), unless its label bears (i) the common or usual name of the food, if any, and (ii) the common or usual name of each ingredient. If it is fabricated from more than one ingredient, the Secretary may permit spices, flavorings, and colorings to be designated as spices, flavorings, and colorings without requiring the naming of each. In addition, the Secretary may establish exemptions by rules and regulations under this subtitle to the extent that compliance with the requirements of clause (ii) of this paragraph is not feasible or results in deception or unfair competition;
(10)
It purports to be for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties which the Secretary, after consultation with the Secretary of Agriculture of the United States, determines to be necessary by rule or regulation to inform purchasers of its value for these uses;
(11)
It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact. However, the Secretary may establish exemptions by rules and regulations under this subtitle to the extent that compliance with the requirements of this paragraph is not feasible; or
(12)
It fails to bear on its container, and, in the case of any nonconsumer packaged carcass directly on it, as the Secretary adopts by rule or regulation, the official inspection legend, number of the official establishment where the article was processed, and any other information the Secretary requires in the rule or regulation, to assure that it does not bear false or misleading labeling and that the public is informed of the manner of handling required to maintain the article in a wholesome condition.
(p)
“Official certificate” means any certificate the departmental rules and regulations prescribe for issuance by an inspector.
(q)
“Official device” means any device prescribed by the Secretary for use in applying any official mark.
(r)
“Official establishment” means any establishment engaged in slaughtering or processing solely for intrastate commerce poultry and poultry products capable of use as human food and inspected under this subtitle.
(s)
“Official inspection legend” means any symbol, prescribed by departmental rules and regulations, that shows an article was inspected for wholesomeness in accordance with this subtitle.
(t)
“Official mark” means the official inspection legend or any other symbol, prescribed by departmental rules and regulations, to identify the status of any article or poultry under this subtitle.
(u)
“Pesticide chemical” has the same meaning as under the Federal Food, Drug, and Cosmetic Act.
(v)
“Poultry product” means any poultry carcass, or part of it; or any product which is made wholly or partially from any poultry carcass or part of it. This term does not apply to any product (1) containing poultry ingredients in only a relatively small proportion, or (2) which historically has not been considered by consumers as a product of the poultry food industry, and (3) which is exempted as a poultry product, by departmental rule or regulation, under conditions assuring that the poultry ingredients in the product are not adulterated and the product is not represented as a poultry product.
(w)
“Poultry products broker” means any person engaged in the business of buying or selling any poultry product on commission or otherwise negotiating a purchase or sale of the article, other than for his own account or as an employee of another person.
(x)
“Processed” means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.
(y)
“Raw agricultural commodity” has the same meaning as under the Federal Food, Drug, and Cosmetic Act.
(z)
“Renderer” means any person engaged in the business of rendering any poultry carcass, or part or product of it, except rendering conducted under inspection or exempt under this subtitle.
(aa)
“Shipping container” means any container used or intended for use in packaging the product packed in an immediate container.
Md. Code Ann., Agric. § 4-202 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–202LinkCopy Citation
Poultry and poultry products are an important source of the nation’s total food supply. It is in the public interest that the health and welfare of consumers be protected by assuring that slaughtered poultry and poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded poultry or poultry products are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry and poultry products, and result in sundry losses to producers and processors of poultry and poultry products, as well as injury to consumers. Unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with wholesome, not adulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally. Regulation by the Secretary and cooperation by the State and the United States are appropriate to protect the health and welfare of consumers.
Md. Code Ann., Agric. § 4-203 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–203LinkCopy Citation
This subtitle applies to any person, establishment, poultry, poultry product, and any other article regulated under the federal Poultry Products Inspection Act only to the extent that it is consistent with the federal act. This subtitle does not apply to any act or transaction subject to exclusive regulation under the federal Poultry Products Inspection Act. This subtitle does not affect wild birds or game mammals or the slaughtering, cleaning, picking, processing, or inspection of them.
Md. Code Ann., Agric. § 4-204 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–204LinkCopy Citation
(a)
The Secretary shall cooperate with the Secretary of Agriculture of the United States in developing and administering the State poultry products inspection program to assure that the State requirements at least are equal to those imposed by the federal Poultry Products Inspection Act and to develop and administer the State inspection program in a manner that effectuates the purposes of this subtitle and the federal act.
(b)
The Secretary may accept from the United States Secretary of Agriculture (i) advisory assistance in planning and otherwise developing the State program; and (ii) technical and laboratory assistance, training, and financial and other aid for administration of a program. The Secretary may spend public funds of the State, appropriated for administration of this subtitle, to pay the share of the estimated total cost of the cooperative program as may be agreed upon by the Secretary and the United States Secretary of Agriculture.
Md. Code Ann., Agric. § 4-205 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–205LinkCopy Citation
(a)
At any official establishment, the Secretary may perform the following acts:
(1)
Antemortem inspection;
(2)
Postmortem inspection; and
(3)
Quarantine, segregation, and reinspection.
(b)
Every poultry carcass, part of it, or other poultry product found to be adulterated in any official establishment shall be condemned. If no appeal is taken from the determination of condemnation, every adulterated article shall be destroyed for human food purposes under the supervision of the inspector in the manner the rules and regulations prescribe. However, any article which may be reprocessed so that it is not adulterated need not be condemned if it is reprocessed under the supervision of an inspector and found not to be adulterated.
(c)
If an appeal to the Secretary is taken from a determination of condemnation, the article shall be marked appropriately and segregated pending an appeal inspection. If the Secretary determines that the appeal is frivolous, the appellant shall bear any cost of the appeal inspection. If the determination is sustained, the article shall be destroyed for human food purposes in accordance with this section.
Md. Code Ann., Agric. § 4-206 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–206LinkCopy Citation
(a)
The Secretary may not inspect any establishment that slaughters poultry or processes any poultry carcass, part or product of it, that is not intended for use as human food. However, the article shall be denatured or otherwise identified to deter its use as human food, pursuant to departmental rule or regulation, prior to its offer for sale or transportation in intrastate commerce, unless the article is naturally inedible by humans.
(b)
No person may buy, sell, donate, transport, offer for sale or transportation in intrastate commerce any poultry carcass, or any part or product of it, not intended for use as human food unless it is denatured, or otherwise identified to deter its use as human food as required by the departmental rules and regulations, or it is naturally inedible by humans.
Md. Code Ann., Agric. § 4-207 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–207LinkCopy Citation
The State shall bear the cost of inspection rendered under this subtitle, except as provided in § 4–204 of this subtitle. However, each establishment shall pay the cost of overtime and holiday work, except during the 14–day period immediately prior to both Thanksgiving and Christmas, at rates the Secretary determines. Sums received by the Secretary, in reimbursement for sums paid out for premium pay work, shall be available without fiscal year limitation to carry out the purposes of this section.
Md. Code Ann., Agric. § 4-208 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–208LinkCopy Citation
(a)
Each official establishment shall have its premises, facilities, equipment, and operation in accordance with sanitary practices required by departmental rules and regulations.
(b)
The Secretary shall refuse to inspect any establishment whose premises, facilities, equipment, or operation fails to meet the requirements of this section.
Md. Code Ann., Agric. § 4-209 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–209LinkCopy Citation
(a)
Every poultry product, inspected at an official establishment and found not to be adulterated, shall bear the information required by § 4–201(o) of this subtitle and departmental rules and regulations in distinctly legible form on the shipping container or other container, as the Secretary requires, when it leaves the establishment.
(b)
When it is feasible and necessary for the protection of the public, the Secretary also may require any nonconsumer packaged carcass to bear any information required by § 4–201(o) of this subtitle directly on it in distinctly legible form when it leaves the establishment.
(c)
The Secretary may prescribe:
(1)
The styles and sizes of type for material required to be incorporated in labeling to avoid false or misleading labeling; and
(2)
Definitions and standards of identity or composition for articles subject to this subtitle and standards of fill of container for these articles not inconsistent with standards established under the Federal Food, Drug, and Cosmetic Act, or under the federal Poultry Products Inspection Act. There shall be consultation between the Secretary and the Secretary of Agriculture of the United States prior to the issuance of the standards to avoid inconsistency between the State standards and the federal standards.
Md. Code Ann., Agric. § 4-210 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–210LinkCopy Citation
The Secretary may prescribe conditions limiting the entry of poultry products and other materials into any official establishment to assure that entry is consistent with the purposes of this subtitle.
Md. Code Ann., Agric. § 4-211 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–211LinkCopy Citation
(a)
No person may sell, offer for sale, or donate any article subject to this subtitle under any false or misleading name, marking, or labeling or in any container of a misleading form or size. In addition to any other provision of this subsection, established trade names, other marking, labeling, and containers approved by the Secretary are permitted.
(b)
If the Secretary has reason to believe that any marking, labeling, size, or form of any container, in use or proposed for use with respect to any article subject to this subtitle, is false or misleading in any particular, he may direct that its use be withheld unless the marking, labeling, or container is modified so that it is not false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the Secretary, he may request a hearing before the Secretary. The Secretary may withhold the use of the marking, labeling, or container pending hearing and final determination by the Secretary. The determination of the Secretary is conclusive unless, within 30 days after receipt of notice of the final determination, the person adversely affected appeals in accordance with the procedures of the Administrative Procedure Act.
Md. Code Ann., Agric. § 4-212 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–212LinkCopy Citation
(a)
For the purpose of this section, a person is responsibly connected if he is an officer, director, holder, or an owner of at least 10 percent of the voting stock, or an employee in a managerial or executive capacity in the business.
(b)
After the applicant or recipient is accorded an opportunity for a hearing, the Secretary may refuse or withdraw inspection services for any period of time, if it is determined that the applicant or recipient is unfit to engage in any business requiring inspection because he is responsibly connected with any business or person convicted within the previous ten years of one of the following offenses:
(1)
Any felony or more than one misdemeanor under any law based upon acquiring, handling, or distributing adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions with food; or
(2)
Any felony involving fraud, bribery, extortion, or any other act or circumstance indicating a lack of integrity needed for the conduct of operations affecting the public health.
(c)
If inspection services are withdrawn or refused for any establishment for any failure of the operator (1) to maintain premises, facilities, equipment, or operating conditions pursuant to the provisions of § 4–208 of this subtitle; or (2) to destroy any condemned poultry product as required, the applicant or recipient, upon request, shall be afforded a hearing on the validity of this action. However, the withdrawal or refusal shall continue unless the Secretary orders otherwise.
(d)
The determination and order of the Secretary made after the hearing shall be final and conclusive, unless the applicant or recipient files petition for judicial review within 30 days after the effective date of the order in the circuit court for any county in which premises subject to withdrawn or refused inspection service is located. Pending appeal to the board of review, the refusal shall continue in effect unless the Secretary otherwise orders.
Md. Code Ann., Agric. § 4-213 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–213LinkCopy Citation
A person shall register his name, the address of each place of business, and every trade name under which he conducts business, when required by the Secretary, if he engages in any of the following businesses in or for intrastate commerce:
(1)
Poultry products broker, renderer, or animal food manufacturer;
(2)
Wholesaler of any poultry carcass or any part or product of it;
(3)
Public warehouseman storing any poultry carcass or any part or product of it in or for intrastate commerce; or
(4)
Buyer, seller, or transporter of dead, dying, disabled, or diseased poultry, or parts of any carcass of poultry, that died otherwise than by slaughter.
Md. Code Ann., Agric. § 4-214 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–214LinkCopy Citation
No person engaged in the business of buying, selling, or transporting in intrastate commerce any dead, dying, disabled, or diseased poultry, or any part of the carcass of any poultry that died otherwise than by slaughter, may buy, sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce the poultry or part of the carcass, unless the transaction or transportation is made pursuant to the departmental rules and regulations.
Md. Code Ann., Agric. § 4-215 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–215LinkCopy Citation
(a)
Each person shall maintain records necessary to insure that adulterated or misbranded products are not distributed to consumers, for a period the Secretary prescribes which may not exceed two years unless the Secretary shows good cause, if the person engages in any of the following businesses in or for intrastate commerce:
(1)
Slaughter of poultry or processing, freezing, packaging, labeling any poultry carcass, or part or product of it, for use as human or animal food;
(2)
Poultry product broker, wholesaler, buyer, seller, or any person who transports or stores in or for intrastate commerce, any poultry carcass, or part or product of it; or
(3)
Renderer, buyer, seller, or transporter of any dead, dying, disabled, or diseased poultry, or parts of carcasses of any poultry, that died otherwise than by slaughter.
(b)
Upon notification by the Secretary, any person subject to this section shall afford the Secretary access to his place of business at any reasonable time, the opportunity to examine the facilities, inventory, and records, and to copy any record and take any reasonable sample of inventory upon payment of the fair market value.
Md. Code Ann., Agric. § 4-216 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–216LinkCopy Citation
The Secretary, by rule or regulation, may prescribe conditions under which poultry products capable of use as human food shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting in or for intrastate commerce.
Md. Code Ann., Agric. § 4-217 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–217LinkCopy Citation
(a)
The Secretary shall adopt rules and regulations exempting the following from the provisions of this subtitle pursuant to conditions he prescribes for sanitary standards, practices, and procedures:
(1)
Any poultry products sold directly to consumers by any retail dealer in any retail store if the store does not perform processing operations other than cutting up poultry products on the premises;
(2)
Any person who slaughters, processes, or otherwise handles any poultry or poultry product processed according to recognized religious dietary laws to the extent the Department determines necessary to avoid conflict with the laws while still effectuating the purposes of this subtitle;
(3)
Any person who slaughters any poultry raised by him and processes and transports any poultry product exclusively for his use or for members of his household, or his nonpaying guests or employees;
(4)
Custom slaughter by any person of any poultry delivered by the owner, if the poultry products are used exclusively by members of the owner’s household, his nonpaying guests, or employees, and if the custom slaughterer does not engage in the business of buying or selling poultry products capable of use as human food;
(5)
Slaughtering and processing of poultry products by a poultry producer on his own premises if (i) the poultry is sound and healthy and raised on his premises, (ii) in lieu of any other labeling requirement, the poultry products are identified with the producer’s name and address, and (iii) they are not otherwise misbranded and are sound, clean, and fit for human food when distributed;
(6)
Slaughtering of any sound, healthy poultry or processing of its poultry products by any person for direct distribution by him to household consumers, restaurants, hotels, and boarding houses for use in their dining rooms, or in preparation of meals for direct sale to consumers, if, in lieu of other labeling requirements, every distributed poultry product is identified with the processor’s name and address, and the poultry products are not otherwise misbranded and are sound, clean, and fit for human food when distributed;
(7)
Small enterprises, including any poultry producer which slaughters or cuts up poultry for distribution in intrastate commerce as carcasses or parts of carcasses, if the Secretary determines that this exemption does not impair the protection of consumers from adulterated or misbranded poultry;
(8)
Any operation of the type traditionally and usually conducted at any retail store, restaurant, or similar retail-type establishment, if it is conducted at one of these establishments for sale in normal retail quantities or service of these articles to consumers at the establishment, and if poultry or poultry products are not processed at the establishment for distribution in interstate commerce or are not subject to inspection under the federal Poultry Products Inspection Act; and
(9)
Poultry raised by a poultry producer on his own farm if (i) he slaughters not more than 250 turkeys, or not more than an equivalent number of birds of other species during the calendar year for which this exemption is being determined (four birds of other species being deemed the equivalent of one turkey); (ii) he does not engage in buying or selling poultry products other than those produced from poultry raised on his own farm; and (iii) the poultry moves only in intrastate commerce.
(b)
The exemptions in paragraphs (5) and (6), do not apply if the person, whose operation is exempted in the applicable paragraph, engages in the business of buying and selling poultry or poultry products other than those specified in this paragraph in the current calendar year. The exemptions of paragraphs (5), (6), and (7) also do not apply to any person who slaughters or processes a quantity of turkeys or birds of other species in the current calendar year which does not entitle an exemption under the federal Poultry Products Inspection Act.
(c)
The adulteration and misbranding provisions of this subtitle, other than the requirement of the inspection legend, apply to articles which are exempted from inspection under this section, except as otherwise specified under subsections (a) and (b) of this section.
(d)
The Secretary may suspend or terminate by order any exemption under this section with respect to any person if the Secretary finds that this action aids in effectuating the purposes of this subtitle.
Md. Code Ann., Agric. § 4-218 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–218LinkCopy Citation
No person may:
(1)
Slaughter any poultry or process any poultry products capable of use as human food at any establishment processing any articles solely for intrastate commerce, except in compliance with the requirements of this subtitle;
(2)
Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, (i) any poultry product capable of use as human food which is adulterated or misbranded at the time of sale, transportation, offer for sale or transportation, or receipt for transportation; or (ii) any poultry product required to be inspected under this subtitle unless it has been inspected and passed;
(3)
Do any act that is intended to cause or has the effect of causing any poultry product capable of use as human food to be adulterated or misbranded while the article is transported in intrastate commerce or held for sale after transportation;
(4)
Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce or from an official establishment any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with departmental rules and regulations;
(5)
Use to his own advantage or reveal, except to an authorized representative of the State or any other government acting in its official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of this subtitle concerning any matter entitled to protection as a trade secret;
(6)
Cast, print, lithograph, or otherwise make any device containing any official mark or simulation, or any label bearing any mark or simulation, or any form of official certificate or simulation of it, except as authorized by the Secretary;
(7)
Forge any official device, mark, or certificate;
(8)
Use any official device, mark, certificate, or simulation of any of them, or alter, detach, deface, or destroy any official device, or certificate without the authorization of the Secretary;
(9)
Fail to use, or to detach, deface, or destroy any official device, mark, or certificate in violation of the departmental rules and regulations;
(10)
Knowingly possess, without promptly notifying the Secretary, (i) any official device, (ii) any counterfeit, simulated, forged, or improperly altered official certificate, or (iii) any device, label, poultry carcass, or part or product of it, bearing any counterfeit, simulated, forged, or improperly altered official mark;
(11)
Knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided by the departmental rules and regulations; or
(12)
Knowingly represent that any article has been inspected and passed or exempted under this subtitle.
Md. Code Ann., Agric. § 4-219 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–219LinkCopy Citation
(a)
The Secretary may detain, for no more than 20 days, any poultry product, any product exempted from the definition of poultry product, or any dead, dying, disabled, or diseased poultry he finds on any premises where it is held for distribution, or during or after distribution, if the article is capable for use as human food and there is reason to suspect that it is adulterated or misbranded and if:
(1)
The article has not been inspected in violation of this subtitle or any other State or federal law; or
(2)
The article has been or is intended to be distributed in violation of this subtitle or any other State or federal law.
(b)
The article shall be detained pending condemnation proceedings or notification of any federal or other governmental authority having jurisdiction over the article. No person may remove any detained article until the Department releases it.
(c)
The Secretary may require all official marks to be removed from the article before it is released unless the Department decides the article is eligible to retain the marks.
Md. Code Ann., Agric. § 4-220 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–220LinkCopy Citation
(a)
Any poultry product, or any dead, dying, disabled, or diseased poultry, that is transported in intrastate commerce or is held for sale, or donation in the State after transportation, and that (1) is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in violation of this subtitle; (2) is capable of use as human food and is adulterated or misbranded; or (3) in any other way violates this subtitle, shall be liable to be proceeded against, seized, and condemned, at any time, on a libel of information in any circuit court of any county within whose jurisdiction the article is found.
(b)
If poultry or poultry products are condemned because of disease, the reason for condemnation shall be supported by scientific fact, information, or criteria. Condemnation under this subtitle shall be achieved through uniform inspection standards and uniform application.
(c)
Upon condemnation and after entry of the decree, the article shall be destroyed or sold as the court directs and, if sold, the proceeds, less the court costs, fees, storage, and other proper expenses, shall be paid into the State Treasury. The article may not be sold contrary to the provisions of this subtitle, or federal law.
(d)
Upon execution and delivery of a good and sufficient bond prohibiting the sale or any other disposal of the article contrary to this subtitle or federal law, the court may direct that the article be delivered to the owner subject to the supervision of the Secretary to insure compliance with the applicable laws.
(e)
When a decree of condemnation is entered against the article and it is released under bond or destroyed, court costs, fees, storage, and other proper expenses shall be awarded against the person intervening as claimant of the article.
(f)
Proceedings in libel cases shall conform to proceedings in admiralty to the extent possible. However, either party may demand a jury trial of any issue of fact joined in any case. Every proceeding shall be at the suit of and in the name of the State.
(g)
This section does not derogate from authority for condemnation or seizure conferred by other provisions of this subtitle or other laws.
Md. Code Ann., Agric. § 4-221 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–221LinkCopy Citation
(a)
The Secretary may investigate and gather, and compile information concerning the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and his relation to other persons.
(b)
The Secretary, by general or special order, may require any person or class of persons engaged in intrastate commerce to file, on forms the Secretary prescribes, annual or special reports or answers in writing to specific questions, furnishing to the Secretary information he requires concerning the organization, business, conduct, practices, management, and relation to any person filing. Every report and answer shall be made under oath, or otherwise as the Secretary prescribes, within a reasonable period set by him, unless additional time is granted.
Md. Code Ann., Agric. § 4-222 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–222LinkCopy Citation
(a)
The Secretary, at all reasonable times, shall have access to any documentary evidence of any person being investigated or proceeded against and shall have the right to copy it for examination purposes. The Secretary may require, by subpoena, the attendance and testimony of any witness and the production of any documentary evidence of any person relating to any matter under investigation. The Secretary may sign subpoenas, may administer oaths and affirmations, examine witnesses, and receive evidence.
(b)
Attendance of any witness and the production of documentary evidence may be required at any designated place of hearing. In case of disobedience to a subpoena, the Secretary may invoke the aid of any court designated in § 4–225 of this subtitle, to require the attendance and testimony of any witness and the production of documentary evidence.
(c)
The Secretary may order testimony to be taken by deposition, in any proceeding or investigation pending under this subtitle, at any stage of the proceeding or investigation. Any person designated by the Secretary and possessing the authority to administer oaths may take a deposition. The testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall be subscribed by the deponent. Any person may be compelled to appear, depose, and produce documentary evidence in the same manner as witnesses may be compelled to appear, testify, and produce documentary evidence before the Secretary.
(d)
No person may be excused from attending and testifying or from producing any book, paper, schedule or charges, contract, agreement, or other documentary evidence before the Secretary or in obedience to the subpoena of the Secretary, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this subtitle, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. After claiming a privilege against self–incrimination, no individual may be prosecuted or subjected to any penalty or forfeiture for any matter which he is compelled to testify or produce evidence in obedience to a subpoena, except prosecution and punishment for perjury committed in testifying.
(e)
Any person taking a deposition in accordance with this subtitle shall be entitled to the same fees paid for similar services in State courts.
Md. Code Ann., Agric. § 4-223 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–223LinkCopy Citation
Unless otherwise provided, when construing or enforcing any provision of this subtitle, every act, omission, or failure of any person acting for or employed by another person shall be deemed the act, omission, or failure of the individual, partnership, corporation, association, or other business unit as well as of the person committing the act.
Md. Code Ann., Agric. § 4-224 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–224LinkCopy Citation
Before the Secretary reports any violation of this subtitle to any State’s Attorney of the political subdivision in which the violation occurred for institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and an opportunity to present his views orally or in writing with regard to the contemplated proceeding. This subtitle does not require the Secretary to report for criminal prosecution violations of this subtitle if he believes that the public interest will be served adequately and compliance with the subtitle obtained by a suitable written warning notice.
Md. Code Ann., Agric. § 4-225 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–225LinkCopy Citation
(a)
The circuit court of any county has jurisdiction to grant injunctive relief to enforce or restrain violations of this subtitle.
(b)
Upon application of the State Attorney General at the request of the Secretary, the circuit court in any county has jurisdiction to issue a writ of mandamus commanding any person to comply with this subtitle or any order of the Secretary.
(c)
In case of contumacy or refusal to obey a Department subpoena, the circuit court for any county within whose jurisdiction an inquiry is being conducted, may issue an order requiring appearance before the Secretary, production of documentary evidence, or testimony touching the matter in question. Any person who fails to obey the order of the court is guilty of contempt.
(d)
Every proceeding to enforce or restrain any violations of this subtitle shall be by and in the name of the State.
Md. Code Ann., Agric. § 4-226 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–226LinkCopy Citation
(a)
Any person who violates the provisions of § 4-206, § 4-213, § 4-214, § 4-215, § 4-216, or § 4-218 of this subtitle is guilty of a misdemeanor. Notwithstanding any other penalty provided by this article, the person, upon conviction, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both. If a violation involves intent to defraud or any distribution or attempted distribution of an adulterated article, the person is subject to a fine not exceeding $10,000, or imprisonment not exceeding three years, or both. The court may impose costs in its discretion.
(b)
Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person, engaged in or on account of the performance of any official duty under this subtitle, is guilty of a misdemeanor. Notwithstanding any other penalty provided by this article, the person, upon conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding three years, or both. Whenever a person uses a deadly or dangerous weapon when committing a violation of this subsection, he is subject to a fine not exceeding $10,000, or imprisonment not exceeding ten years, or both. The court may impose costs in its discretion.
Md. Code Ann., Agric. § 4-227 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–227LinkCopy Citation
No carrier is subject to any of the penalties of this subtitle, except the penalties for a violation of § 4–206, § 4–213, § 4–214, or § 4–215 of this subtitle, if he receives, carries, holds, or delivers in the usual course of business as a carrier, poultry or poultry products owned by another person, unless:
(1)
The carrier has knowledge or is in possession of facts which would cause a reasonable person to believe any article was not inspected or marked pursuant to this subtitle, or the article is not eligible for transportation in intrastate commerce; or
(2)
The carrier refuses to furnish, on request of the Secretary, the name and address of the person from whom he received the article or a copy of any document pertaining to the delivery of the article to the carrier.
Md. Code Ann., Agric. § 4-228 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–228LinkCopy Citation
(a)
(1)
Any person is guilty of a misdemeanor if he knowingly:
(i)
Makes or causes to be made a false entry or statement of fact in any report required under this subtitle;
(ii)
Makes or causes to be made a false entry in any account, record, or memorandum kept by any person subject to this subtitle;
(iii)
Neglects or fails to make or cause to be made full, true, and correct entries in accounts, records, or memoranda of all facts and transactions pertaining to the business of any person subject to this subtitle;
(iv)
Removes out of the jurisdiction or intentionally mutilates, alters, or falsifies by other means any documentary evidence of any person subject to this subtitle; or
(v)
Refuses to submit to the Secretary, for the purposes of inspection and taking copies, any documentary evidence of any person subject to this subtitle if it is possessed by him or within his control.
(2)
Notwithstanding any other provision of this article, upon conviction of any of the above violations, a person is subject to a fine of not less than $1,000, nor more than $5,000, or imprisonment for a term not exceeding three years, or both, with costs imposed in the discretion of the court.
(b)
Any person, who neglects or refuses to attend, testify, or answer any lawful inquiry or produce documentary evidence, when he has the power to do so, in obedience to the subpoena or lawful requirement of the Secretary, is guilty of a misdemeanor. Notwithstanding any other provision of this article, upon conviction, he is subject to a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than one year, or by both, with costs imposed in the discretion of the court.
(c)
Notwithstanding any other penalty provided by this article, any officer or employee of the State who makes public any information obtained by the Secretary without its authority, unless directed by a court, is guilty of a misdemeanor, and, upon conviction, is subject to a fine not exceeding $5,000, or imprisonment not exceeding one year, or by both, with costs imposed in the discretion of the court.
Md. Code Ann., Agric. § 4-229 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–229LinkCopy Citation
(a)
Notwithstanding any other penalty provided by this article, if any person required to file any annual or special report fails to do so within 30 days after receiving notice of default from the Secretary, he shall be fined $100 for each day he fails to file. The forfeiture shall be recoverable in a civil suit in the name of the State brought in the county where the person has his principal office or in any county in which he does business.
(b)
The State’s Attorneys, under the direction of the Attorney General, shall prosecute for the recovery of any forfeiture. All fines resulting are payable to the State Treasury. The costs and expenses of prosecution shall be paid out of the appropriation for the expenses of the State courts.
Md. Code Ann., Agric. § 4-230 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–230LinkCopy Citation
This subtitle may be cited as the Maryland Poultry Products Inspection Act.
Md. Code Ann., Agric. § 4-230.1 (2026)
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2. Maryland Poultry Products Inspection Act
§ 4–230.1LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, the provisions of this title concerning poultry and poultry products shall apply also to rabbits and rabbit products.
(b)
(1)
Upon the request of any person, the Secretary may provide antemortem, postmortem, and processing inspection of rabbit and rabbit products to protect consumers from adulterated products.
(2)
Any person who requests inspection shall pay the Secretary the cost of the inspection.