In this subtitle the following words have the meanings indicated. A commercial feed is “adulterated” if: The feed contains any poisonous or deleterious substance that may render the feed injurious to human or animal health, except when the substance is not added to the feed and the quantity of the substance does not ordinarily render it injurious to human or animal health; A valuable constituent is omitted or abstracted wholly or partially from it or any less valuable substance is substituted for it; Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; The feed contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe; The feed consists, in whole or part, of any filthy, putrid, or decomposed substance, or is otherwise unfit for feed; or The feed has been prepared, packed, or held under unsanitary conditions where the feed may have become contaminated with filth or rendered injurious to human or animal health. “Brand” means the term, design, trademark, or other specific designation under which individual commercial feed is distributed in the State. “Commercial feed” means a material or combination of materials distributed, or intended for distribution, for use as feed, or for mixing in feed for any animal other than man including feed prepared and distributed for consumption by dogs and cats, or any domesticated animal normally maintained in a cage or tank, including gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles, except: Unmixed whole seeds and physically altered entire unmixed seeds that are not chemically altered or adulterated; Commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when the commodities, compounds, or substances are not intermixed with other materials or adulterated; or A material or combination of materials that is exempt from this definition in regulations adopted by the Secretary. “Contract feed” means a commercial feed which is formulated according to an agreement between a distributor and a contract feeder. “Contract feeder” means an independent contractor who feeds commercial feed to animals pursuant to a contract whereby commercial feed is supplied, furnished, or otherwise provided to him and his remuneration is determined wholly or partially by feed consumption, mortality, profits, amount, or quality of the product. “Customer–formula feed” means a mixture of commercial feed, each batch of which is mixed according to the specific instructions of any distributee. “Distribute” means to exchange, offer for sale, sell, or barter, supply, furnish, or provide commercial feed, customer–formula feed, or contract feed to a contract feeder, or otherwise to supply, furnish, or provide commercial feeds as part of a commercial enterprise. “Feed ingredient” means each of the constituent materials making up a commercial feed. “Label” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed, customer–formula feed, or contract feed is distributed. “Manufacture” means to grind, mix, or blend or further process a commercial feed. A commercial feed is “misbranded” if: Its labeling is false or misleading in any particular; It is distributed under the name of another feed; It is not labeled as required in §§ 6–109, 6–110, and 6–111 of this subtitle and in the departmental rules and regulations; It purports to be or is represented as a feed ingredient, or if it purports to contain or is represented as containing a feed ingredient, unless the feed ingredient conforms to any definition of identity, prescribed by departmental rules and regulations, which shall give due regard to commonly accepted definitions, such as those issued by the Association of American Feed Control Officials, Inc.; or Any word, statement, or other information, required to appear on the label or labeling, is not placed on it prominently and conspicuously, as compared with other words, statements, designs, or devices in the labeling, and it is not in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. “Official sample” means any sample of feed taken and designated as “official” by the Secretary. “Percent” or “percentage” means percentage by weight. “Ton” means a net weight of two thousand pounds avoirdupois.

The State Chemist shall administer the provisions of this subtitle subject to the supervision of the Secretary.

The Secretary may adopt reasonable rules and regulations necessary to secure the efficient administration of this subtitle. No rule or regulation may be adopted, amended, or repealed unless a public hearing is held on the proposal, and notice of the hearing is given in at least two trade papers of general circulation at least 20 days in advance.

The Secretary shall publish at least annually, in any form he deems proper: (1) information concerning the distribution of commercial feeds; (2) data on the production and use of commercial feeds as he considers advisable; and (3) a report of the results of the analyses of official samples of commercial feeds distributed in the State as compared with the analyses guaranteed in the registration and on the label. The published information concerning production and use of commercial feeds may not disclose the operations of any person.

The Secretary shall sample, inspect, test and make analyses of commercial feed distributed in the State at any time and place and to the extent the Secretary considers necessary to ensure compliance with this subtitle. The Secretary shall adopt the methods of sampling and analysis from sources, such as the journal of the Association of Official Analytical Chemists, or methods that insure representative sampling and accurate examination. In determining for administrative purposes whether a commercial feed is deficient in any component, the Secretary shall be guided solely by the official sample obtained and analyzed as provided by this section. When inspection and analysis of an official sample indicates a commercial feed is adulterated, misbranded, or does not contain an enzyme or other additive in accordance with § 6-107.1 of this subtitle, the Secretary shall forward the results of the analysis to the person who registers the product and the person from whom the sample is taken. The Secretary shall furnish the distributor with a portion of the sample concerned within 30 days if he requests it. The Secretary may enter on any public or private premises, including any transportation vehicle, during regular business hours to obtain access to commercial feeds or to records relating to their distribution.

The Department may: Inspect for wholesomeness any commercial feed donated to a nonprofit corporation, organization, or association; and Establish procedures for handling commercial feed donated to any nonprofit corporation, organization, or association. A person shall have the immunity from liability under § 5–634.1 of the Courts Article for any act or omission that affects the nature, age, condition, or packaging of the donated commercial feed.

Except as provided in subsection (e) of this section, a distributor shall register each brand name or product name of commercial feed before distributing it in the State. Customer–formula feeds and contract feeds are exempt from registration if the registration fee is paid on the commercial feeds which they contain. The registration application for commercial feeds shall be submitted on forms furnished by the Secretary, and shall also be accompanied by a label or other printed matter describing the product if requested by the Secretary. The application shall include the information required by §§ 6–109, 6–110, and 6–111 of this subtitle. When the Secretary has approved the registration, he shall furnish a copy to the applicant. The annual registration fee for each commercial feed distributed in the State is $50. Customer–formula feeds and contract feeds are exempt if the registration fee is paid on the commercial feeds which they contain. Each registration expires April 30 each year. Provided the product label has not been altered or changed, a distributor may not be required to register any brand of commercial feed which has been registered under this subtitle by another person.

By December 31, 2000, all contract feed that is fed to chickens must include phytase or other enzyme or additive that reduces phosphorus in poultry waste to the maximum extent that is commercially and biologically feasible. Subject to the provisions of subsection (a) of this section, the Secretary shall adopt regulations to monitor compliance with subsection (a) of this section. If the Secretary determines that the requirements set forth in subsection (a) of this section have a significant detrimental effect on poultry production or the poultry market, the Secretary shall: Suspend the program for a reasonable period of time; or Recommend to the General Assembly that the requirement be modified or terminated. In developing regulations under subsection (b) of this section and in making a determination under subsection (c) of this section, the Secretary shall consult with the Delmarva poultry industry, the Maryland Farm Bureau, and the University of Maryland Department of Animal and Avian Science.

The Secretary may establish an assessment of up to $6 per ton on commercial equine feed that is sold in Maryland. The assessment shall be paid by the person registering the feed according to the collection and reporting guidelines established by the Secretary by regulation. Any assessments collected shall be paid into the Maryland Horse Industry Fund as provided in § 2–708.2 of this article. The Secretary shall adopt regulations to: Allow a person who purchases commercial equine feed in the State to request reimbursement of any assessment that was paid on the feed; and Require that a purchaser of feed be notified, at the point of sale, of the possibility of reimbursement. Notwithstanding any other provision of this subtitle, any funds collected under this section may be used only for education, research, and promotional materials and activities intended to benefit the Maryland equine industry.

Except as provided in subsection (b) of this section, a person may not use, sell, or distribute for use or sale within the State any commercial feed intended for use as poultry feed that contains: Roxarsone; or Any other additive that contains arsenic. A person may use, sell, or distribute for use or sale within the State any commercial feed intended for use as poultry feed that contains histostat.

The Secretary may refuse to register any commercial feed not in compliance with the provisions of this subtitle. He may cancel the registration of any commercial feed subsequently found not to be in compliance with any provision of this subtitle. However, no registration may be refused or canceled until the applicant or registrant has been given opportunity to be heard before the Secretary and to amend his application or the Secretary may allow the feed to be processed so that it complies with the requirements of this subtitle. The Secretary may permit a change in the guarantee of either chemical or ingredient composition of a registered commercial feed, if there is satisfactory evidence that the change would not result in a lowering of the feeding value of the product for the purpose for which it is designed.

Any commercial feed, except customer-formula feed or contract feed, distributed in the State shall be accompanied by a legible label bearing the following information: The net weight; The name or brand under which the commercial feed is distributed; The common or usual name of each ingredient used in manufacturing the commercial feed, unless the Secretary by rule or regulation, permits the use of a collective term for a group of ingredients which perform the same function; The name and address of the person responsible for distributing the commercial feed; and The guaranteed analysis of the commercial feed, listing the minimum percentage of crude protein, minimum percentage of crude fat, and maximum percentage of crude fiber, for mineral feeds the list shall include the following if added: minimum and maximum percentage of calcium (Ca), minimum percentage of phosphorous (P), minimum percentage of iodine (I), and minimum and maximum percentage of salt (NaCl). Other substances or elements, determinable by laboratory methods, may be guaranteed if permission of the Secretary is obtained. If any feed nutrient is guaranteed, it shall be subject to inspection and analysis in accordance with the methods and rules and regulations adopted by the Secretary. Products distributed solely as mineral or vitamin supplements and guaranteed as specified in this section need not show guarantees for protein, fat, or fiber. When distributed in the State in bags or other containers, commercial feed shall bear the label placed on or affixed to the container. When distributed in bulk, the label shall accompany delivery and be furnished to the distributee at the time of delivery.

Each customer-formula feed or contract feed shall be labeled by invoice. The invoice, delivery ticket, or both shall accompany delivery, be supplied to the distributee at the time of delivery, and bear the following information: Name and address of the mixer; Name and address of the distributee; Date of distribution; and Number of pounds and name of each registered commercial feed used in the mixture and number of pounds and name of every other feed ingredient added.

If a commercial feed, customer-formula feed, or contract feed contains a poisonous, deleterious, or nonnutritive substance which is intended for use in the diagnosis, cure, mitigation, or prevention of a disease, or which is intended to affect the structure or any function of the animal body, the Secretary may require the label to show any or all of the following: the amount of the substance present, directions for use, or warnings against misuse of the feed.

No person may distribute adulterated or misbranded feed.

A person may not: Adulterate or misbrand a commercial feed; Distribute a commercial feed that is not registered with the Department; Remove or dispose of a commercial feed in violation of a “stop sale” order issued under § 6–113 of this subtitle; or Detach, alter, deface, or destroy, wholly or partially, any label or labeling required under this subtitle or Department regulations.

The Secretary may issue and enforce a written stop-sale order to the owner, custodian, or distributor of any commercial feed that the Secretary finds is in violation of any provision of this subtitle or regulation under this subtitle, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, or the environment. The order prohibits sale or distribution of the commercial feed until the Secretary has evidence that the feed is in compliance with the law and until the Secretary provides a written release from the stop-sale order. The Secretary may file a petition for condemnation in the circuit court of the county in which the commercial feed is located. If the court finds the commercial feed to be in violation of the provisions of this subtitle and orders the condemnation, the commercial feed shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the State. The court may not dispose of the commercial feed without first giving the claimant an opportunity to apply to the court for release of it or for permission to process or relabel the commercial feed so that it complies with the provisions of this subtitle.

In any prosecution under this subtitle relating to the composition of commercial feed, a certified copy of the official analysis signed by the Secretary or the State Chemist is prima facie evidence of the composition.

The State’s Attorney to whom any violation is reported shall institute appropriate judicial proceedings without delay. Before the Secretary reports a violation for prosecution, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and an opportunity to present his view, orally or in writing. This subtitle does not require the Secretary to report for prosecution, or for institution of condemnation proceedings, any minor violation of the subtitle if he believes the public interests will be served best by a suitable written warning notice.

The Secretary may petition the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted under it, notwithstanding the existence of any other remedy at law. The injunction shall be issued without bond.

This subtitle may be cited as the “Maryland Commercial Feed Law”.