# Agriculture (GAG)

## Title 8. Soil Conservation

### Subtitle 8. Nutrient Management

#### Section 8-801

(a) In this subtitle the following words have the meanings indicated.

(b) "Certified nutrient management consultant" means an individual certified by the Department to prepare a nutrient management plan.

(c) "Commercial farm" means a farm that performs activities related to the production and sale of agricultural commodities, including row crops, fruits, vegetables, horticulture, and silvaculture.

(d) "Enhanced efficiency fertilizer" has the meaning stated in Sec. 6-201 of this article.

(e) "Impervious surface" means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.

(f) "Natural organic fertilizer" has the meaning stated in Sec. 6-201 of this article.

(g) "Nutrient management plan" means a plan prepared under this subtitle by a certified nutrient management consultant to manage the amount, placement, timing, and application of animal waste, commercial fertilizer, sludge, or other plant nutrients to prevent pollution by transport of bioavailable nutrients and to maintain productivity.

(h) "Organic fertilizer" has the meaning stated in Sec. 6-201 of this article.

(i)

  (1) "Professional fertilizer applicator" means any person who:

    (i) Is certified to apply fertilizer in accordance with Sec. 8-803.4 of this subtitle; and

    (ii) Applies fertilizer for hire.

  (2) "Professional fertilizer applicator" includes the owner or manager of property, or an employee of a government entity who applies fertilizer within the scope of employment.

(j) "Slow-release nitrogen" means nitrogen in a form that:

  (1) Delays its availability for plant uptake and use after application; or

  (2) Extends its availability to the plant significantly longer than a reference "rapidly available nutrient" such as ammonium nitrate or urea, ammonium phosphate, or potassium chloride.

(k) "Soil test" means a technical analysis of soil conducted by a laboratory using standards recommended by the University of Maryland.

(l) "Turf" means land, including residential property and publicly owned land that is planted in grass, except land that is used in the sale and production of sod, as defined in Sec. 9-101 of this article.

(m) "Water-soluble nitrogen" means nitrogen that is readily soluble in water.

(n) "Waters of the State" has the meaning stated in Sec. 5-101 of the Environment Article.

#### Section 8-801.1

(a)

  (1) Each nutrient management plan shall be developed considering factors including:

    (i) Levels of bioavailable nitrogen and phosphorus in the soil;

    (ii) Levels of bioavailable nitrogen and phosphorus in all fertilizer materials to be applied;

    (iii) The amount of nitrogen and phosphorus necessary to achieve the expected crop yield for the land that is the subject of the nutrient management plan, as determined by:

      (1) The field's actual yield record and soil productivity for that crop; or

      (2) If information concerning actual yield record and soil productivity for a crop is unavailable, relevant information concerning similar fields and soil;

    (iv) Soil erodibility and nutrient retention capacity;

    (v)

      (1) The best reasonable scientific methods accepted by the Department and the University of Maryland Cooperative Extension Service; or

      (2) Scientifically validated data for the development of a nutrient management plan as defined by the Department in regulation; and

    (vi) Existing best management practices.

  (2) Each nutrient management plan shall provide flexibility for management decisions that may be required by conditions beyond the control of the farmer.

(b)

  (1) Subject to paragraph (2) of this subsection, a summary of each nutrient management plan shall be filed and updated with the Department at a time and in a form that the Department requires by regulation.

  (2)

    (i) The Department may require an updated summary under this subsection to take the form of an annual implementation report.

    (ii) If a person, in operating a farm, uses or produces animal manure, the person's annual implementation report shall include:

      (1) The amount of animal manure imported to or exported from the person's farm;

      (2) For any animal manure that was imported, the name and location of the sending farm; and

      (3) For any animal manure that was exported, the name and location of the farm, alternative use facility, or manure broker that received the manure.

    (iii) If a person receives animal manure through a manure broker, the broker shall provide the person with the name and location of the sending farm.

  (3) The Department shall maintain a copy of each summary for 3 years in a manner that protects the identity of the individual for whom the nutrient management plan was prepared.

(c)

  (1) If a person fails to file a summary or annual implementation report as required by the Department under subsection (b) of this section, the Department shall notify the person that:

    (i) The person is in violation of the requirement to file a summary or annual implementation report; and

    (ii) The person is subject to:

      (1) After 30 days from issuance of the notice, an administrative penalty of not less than $100 and not more than $250;

      (2) After 60 days from issuance of the notice, an administrative penalty of not less than $250 and not more than $1,000; and

      (3) After 90 days from issuance of the notice, an administrative penalty of not less than $1,000.

  (2) A penalty imposed on a person under paragraph (1) of this subsection shall be assessed with consideration given to:

    (i) The willfulness of the violation; and

    (ii) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

#### Section 8-802

(a) Except as provided in Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person may not prepare a nutrient management plan, for purposes of meeting the requirements of this subtitle, unless the person is certified or licensed by the State.

(b) An individual may apply to the Department for certification as a certified nutrient management consultant.

(c) A person engaged in the business of providing a nutrient management plan provided under this subtitle shall hold an annual license from the Department.

(d) The Department may impose a penalty not exceeding $250 for a violation of the provisions of this section.

#### Section 8-803

(a) To apply for certification as a nutrient management consultant, an applicant shall:

  (1) Submit to the Department an application on the form the Department requires; and

  (2) Pay to the Department the certification fee stated in Sec. 8-806 of this subtitle.

(b) The Department shall certify any individual who:

  (1) Meets the requirements of this subtitle;

  (2) Meets the Department's educational requirements, including a program on the proper application of nutrients;

  (3) Passes a Department approved examination; and

  (4)

    (i) Is employed by a person licensed under this subtitle; or

    (ii) Holds a license as required by this subtitle.

(c) To apply for a license an applicant shall:

  (1) Submit to the Department an application on the form the Department requires; and

  (2) Pay to the Department the applicable license fee stated in Sec. 8-806 of this subtitle.

(d) The Department shall license a person who meets the requirements of this subtitle.

(e) A certificate or license is issued for 1 year unless the certificate or license is renewed as provided by this subtitle.

(f) The Department shall renew the certificate or license of any applicant for a 3-year term if the applicant:

  (1) Submits a renewal application on the form that the Department requires;

  (2) Pays to the Department the applicable fee stated in Sec. 8-806 of this subtitle;

  (3) Complies with applicable continuing education requirements;

  (4) Complies with applicable record keeping and reporting requirements; and

  (5) Otherwise is entitled to be certified or licensed.

(g)

  (1) The Department may issue a farm operator's plan development certificate to a person operating a farm for the development of that person's own nutrient management plan.

  (2) The certificate is valid provided the person operating the farm:

    (i) Has paid the one-time fee provided in Sec. 8-806 of this subtitle;

    (ii) Has passed an examination as determined by the Department;

    (iii) Complies with applicable continuing education requirements;

    (iv) Complies with applicable record keeping and reporting requirements; and

    (v) Otherwise is entitled to be certified.

(h) A person that holds a license or certificate issued under this section shall comply with all applicable reporting requirements and deadlines established by the Department, including deadlines related to:

  (1) Implementation of the Phosphorus Management Tool developed by the University of Maryland; and

  (2) Submission of soil test phosphorus levels related to nutrient management plans developed in accordance with this subtitle.

(i) In addition to any penalty authorized under Sec. 8-805 of this subtitle, a person that violates subsection (h) of this section is subject to an administrative penalty not exceeding $250.

#### Section 8-803.1

(a) In this section, "gross income" means the actual income that is received in a calendar year that results directly from the farm or agricultural use of the land.

(b) This section does not apply to:

  (1) An agricultural operation with less than $2,500 in gross income; or

  (2) A livestock operation with less than eight animal units defined as 1,000 pounds of live animal weight per animal unit.

(c) The Governor shall provide sufficient funding in each fiscal year's budget to:

  (1) Assist in the development of nutrient management plans;

  (2) Meet the technical assistance and evaluation requirements of this section;

  (3) Meet the State's requirements for the implementation of the Manure Transportation Project under Sec. 8-704.2 of this title; and

  (4) Provide State assistance under the Maryland Agricultural Water Quality Cost Share Program in the Department.

(d)

  (1) State cost sharing may be made available to help offset the costs of having a nutrient management plan prepared by a certified nutrient management consultant who is not employed by the federal, State, or a local government.

  (2) The Secretary of Agriculture shall adopt regulations authorizing the disbursement of State cost sharing funds under this subsection.

  (3) The Department may procure the services of a private certified nutrient management consultant to develop nutrient management plans for persons operating a farm.

(e)

  (1) By December 31, 2001, a person who, in operating a farm, uses chemical fertilizer, shall have a nutrient management plan for nitrogen and phosphorus that meets the requirements of this subtitle.

  (2)

    (i) By December 31, 2001, a person who, in operating a farm, uses sludge or animal manure, shall have a nutrient management plan for nitrogen.

    (ii) By July 1, 2004, a person who, in operating a farm, uses sludge or animal manure, shall have a nutrient management plan for nitrogen and phosphorus.

(f)

  (1) By December 31, 2002, a person who, in operating a farm, uses chemical fertilizer, shall comply with a nutrient management plan for nitrogen and phosphorus that meets the requirements of this subtitle.

  (2)

    (i) By December 31, 2002, a person who, in operating a farm, uses sludge or animal manure, shall comply with a nutrient management plan for nitrogen that meets the requirements of this subtitle.

    (ii) By July 1, 2005, a person who, in operating a farm, uses sludge or animal manure, shall comply with a nutrient management plan for nitrogen and phosphorus that meets the requirements of this subtitle.

(g) A person may meet the requirements of subsection (e) of this section by requesting, at least 60 days before the applicable date set forth in subsection (e) of this section, the development of a nutrient management plan by a certified nutrient management consultant.

(h)

  (1) If a person violates the provisions of subsection (e) of this section, the Department shall notify the person that the person is in violation of the requirement to have a nutrient management plan.

  (2) After a reasonable period of time, if the person fails to have a nutrient management plan, the person is subject to an administrative penalty of not less than $100 and not more than $250.

(i)

  (1) A person who violates any provision of subsection (f) of this section or of any rule, regulation, or order adopted or issued under this section is subject to:

    (i) For a first violation, a warning; and

    (ii) For a second or subsequent violation, after an opportunity for a hearing which may be waived in writing by the person accused of a violation, an administrative penalty that may be imposed by the Department of Agriculture.

  (2) The penalty imposed on a person under paragraph (1)(ii) of this subsection shall be:

    (i) Subject to paragraph (3) of this subsection, not more than $500 for each violation, but not exceeding $5,000 per farmer or operator per year; and

    (ii) Assessed with consideration given to:

      (1) The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

      (2) Any actual harm to the environment or to human health;

      (3) The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; and

      (4) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

  (3) If the violation involved the knowing application of phosphorus to a site where, because of the site's soil characteristics, Department regulations prohibit the application of phosphorus, the penalty imposed on a person under paragraph (1)(ii) of this subsection shall be not less than $250.

  (4)

    (i) Except as provided in subparagraph (ii) of this paragraph, each day a violation occurs is a separate violation under this subsection.

    (ii) Daily penalties do not continue to accrue as long as the farmer takes reasonable steps to correct the violation.

  (5) Any penalty imposed under this subsection is payable to the Maryland Agricultural Water Quality Cost Share Program within the Department.

(j) If a person violates any provision of this section, the Department may:

  (1) Require repayment of cost share funds under Subtitle 7 of this title for the project that is in violation; or

  (2) Deny or restrict future cost share payments under Subtitle 7 of this title.

(k)

  (1) The Department shall determine compliance with the provisions of this section.

  (2) The Department may review the nutrient management plan and records relating to the plan at a location agreed to by the Department and the person operating the farm.

  (3) In conducting a site visit and reviewing the nutrient management plan and related records, the Department's evaluation shall be limited solely to determining whether the person operating the farm is in compliance with the provisions of this section or the regulations implementing this section.

  (4) In conducting a site visit, the Department shall:

    (i) Provide the person operating the farm at least 48 hours advance notice;

    (ii) Enter the property at a reasonable time that allows the person operating the farm to be present; and

    (iii) Conduct the evaluation in a manner that minimizes any inconvenience to the person operating the farm.

  (5) If a person operating a farm fails to cooperate with the Department's request to conduct a site visit and review of a nutrient management plan and records relating to the plan, that person is subject to subsections (i) and (j) of this section.

  (6) In determining where to focus enforcement efforts under this subsection, the Department shall prioritize farms for which the Department has not received soil test phosphorus levels, as required by Department regulations.

#### Section 8-803.2

(a) A person who applies nutrients for hire to land used for agricultural purposes shall be a certified nutrient management consultant or work under a nutrient management consultant certified under Sec. 8-803 of this subtitle.

(b) A person who applies nutrients for hire to land used for agricultural purposes, who is not a certified nutrient management consultant, shall make available documentation, in the form of a work order, bill of lading, or similar document, to the landowner or land manager that the person is working under a certified nutrient management consultant.

(c) The Secretary shall adopt regulations to implement this section.

#### Section 8-803.3

(a) This section does not apply to:

  (1) A person who applies nutrients to 10 acres or less of land each year; or

  (2) A person who applies nutrients for hire.

(b) A person who engages in the activity of applying nutrients to land which the person owns or manages and which is used for agricultural purposes shall complete an educational program in nutrient application every 3 years.

(c)

  (1) The Secretary, in consultation with the Nutrient Management Advisory Committee under Sec. 8-804 of this subtitle, shall create or approve educational programs under this section.

  (2) The nutrient application educational programs are to be offered at sites distributed throughout the State.

  (3) The Department shall issue to a participant upon completion of an education program under this section, a voucher of completion.

  (4) The Department shall maintain a registry of persons who have received vouchers of completion in a nutrient application educational program under this section.

#### Section 8-803.4

(a) In this section, "fertilizer" means a commercial fertilizer and specialty fertilizer.

(b)

  (1) This section applies to a professional fertilizer applicator who applies fertilizer to:

    (i) Property that is not used for agricultural purposes; or

    (ii) State property that is not used for agricultural purposes.

  (2) This section does not apply to the application of fertilizer on commercial farms.

(c)

  (1) Each place of business at which a person is employed to apply fertilizer to property specified under subsection (b)(1) of this section shall:

    (i) Have a professional fertilizer applicator on staff who has obtained a fertilizer application certification in accordance with Sec. 8-803.6 of this subtitle; and

    (ii) Except as provided in Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, be licensed annually by the Department.

  (2) An applicant for a license under this subsection shall:

    (i) Submit to the Department an application on the form the Department requires; and

    (ii) Pay to the Department an application fee set by the Department.

(d) A professional fertilizer applicator may not:

  (1) Apply fertilizer to turf without first obtaining a fertilizer application certification, unless the person is under the direct supervision of a certified professional fertilizer applicator, in accordance with Sec. 8-803.6 of this subtitle; or

  (2) Apply fertilizer intended for use on turf on an impervious surface.

(e)

  (1) Except as provided in paragraph (2) of this subsection, a professional fertilizer applicator may not apply fertilizer containing phosphorus or nitrogen to turf:

    (i) Before March 1 or after November 15 of any calendar year;

    (ii) Any time the ground is frozen; or

    (iii) In an amount that is inconsistent with the annual recommended rate established by the University of Maryland.

  (2) From November 16 through December 1 of each calendar year, a professional fertilizer applicator may apply fertilizer containing nitrogen to turf at an application rate of no more than 0.5 pounds of nitrogen per 1,000 square feet of turf.

(f)

  (1) Except as provided in paragraph (2) of this subsection, a professional fertilizer applicator may not apply fertilizer containing phosphorus or nitrogen to turf that is within 15 feet of:

    (i) Surface water subject to the jurisdiction of the State;

    (ii) The Chesapeake Bay and its tributaries;

    (iii) A pond within the State;

    (iv) A lake within the State;

    (v) A river within the State;

    (vi) A stream within the State;

    (vii) A public ditch within the State;

    (viii) A tax ditch within the State; or

    (ix) A public drainage system within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage.

  (2) When a drop spreader, rotary spreader with a deflector, or targeted spray liquid is used for fertilizer application, the setback required under paragraph (1) of this subsection may be reduced to 10 feet.

  (3) The establishment of setbacks for fertilizer application under this subsection does not preclude the establishment or applicability of, or compliance with, any other environmental standards established under any other State or federal law, rule, or regulation.

(g)

  (1) Except as provided in paragraph (2) of this subsection, a professional fertilizer applicator may not apply fertilizer containing nitrogen to turf:

    (i) At an application rate of more than 0.7 pounds of water-soluble nitrogen per 1,000 square feet of turf; and

    (ii) At an application rate of more than 0.9 pounds of nitrogen per 1,000 square feet of turf.

  (2)

    (i) Subject to subparagraphs (ii) and (iii) of this paragraph, a professional fertilizer applicator may apply an enhanced efficiency fertilizer:

      (1) At an annual application rate of no more than 2.5 pounds of nitrogen per 1,000 square feet of turf; and

      (2) That has a release rate of no more than 0.7 pounds of total nitrogen per 1,000 square feet of turf per month.

    (ii) The annual total application rate of an enhanced efficiency fertilizer may not exceed 80% of the annual recommended rate for total nitrogen established by the University of Maryland.

    (iii) An enhanced efficiency fertilizer may not be applied after November 15 or before March 1 of each calendar year.

(h)

  (1) Except as provided in paragraphs (2) and (4) of this subsection, a professional fertilizer applicator may not apply fertilizer containing phosphorus to turf.

  (2) A professional fertilizer applicator may apply organic or natural organic fertilizer containing phosphorus to turf when:

    (i) A soil test performed no more than 3 years before the fertilizer application indicates a low or medium level of phosphorus; and

    (ii) The fertilizer is applied at a rate recommended by the University of Maryland.

  (3) Paragraph (2) of this subsection does not authorize a professional fertilizer applicator to apply fertilizer containing phosphorus when a soil test indicates an optimum or excessive level of phosphorus.

  (4) A professional fertilizer applicator may apply fertilizer to turf containing phosphorus if the professional fertilizer applicator:

    (i) Determines that the fertilizer is necessary for the specific soils and target vegetation in accordance with a soil test performed no more than 3 years before the fertilizer application, provided the application complies with the recommendations established by the University of Maryland;

    (ii) Is establishing vegetation for the first time, such as after land disturbance, provided the application complies with the recommendations established by the University of Maryland; or

    (iii) Is reestablishing or repairing a turf area.

(i)

  (1) A person who violates any provision of this section or employs a person who violates any provision of this section is subject to a civil penalty of not more than $1,000 for a first violation.

  (2) A person who violates any provision of this section or employs a person who violates any provision of this section is subject to a civil penalty of not more than $2,000 for each subsequent violation.

  (3) Each day a violation occurs under this section is a separate violation.

  (4) The total penalties imposed on a person for violations of this section that result from the same set of facts and circumstances may not exceed $10,000.

(j) The penalty imposed on a person under this section shall be assessed with consideration given to:

  (1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

  (2) Any actual harm to human health or to the environment including injury to or impairment of the use of the waters of the State or the natural resources of the State;

  (3) The cost of control;

  (4) The nature and degree of injury to or interference with general welfare, health, and property;

  (5) The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety; and

  (6) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

(k) Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

(l) The Department may adopt regulations to implement this section.

#### Section 8-803.5

(a) In this section, "fertilizer" means commercial fertilizer and specialty fertilizer.

(b)

  (1) This section applies to a person who applies fertilizer to:

    (i) Property that is not used for agricultural purposes; or

    (ii) State property that is not used for agricultural purposes.

  (2) This section does not apply to the application of fertilizer on commercial farms.

(c) A person may not:

  (1) Apply fertilizer intended for use on turf to an impervious surface; and

  (2) Apply fertilizer containing phosphorus or nitrogen to turf:

    (i) Before March 1 or after November 15 of any calendar year; or

    (ii) At any time when the ground is frozen.

(d)

  (1) Except as provided in paragraph (2) of this subsection, a person may not apply fertilizer containing phosphorus or nitrogen to turf that is within 15 feet of:

    (i) Surface water subject to the jurisdiction of the State;

    (ii) The Chesapeake Bay and its tributaries;

    (iii) A pond within the State;

    (iv) A lake within the State;

    (v) A river within the State;

    (vi) A stream within the State;

    (vii) A public ditch within the State;

    (viii) A tax ditch within the State; or

    (ix) A public drainage system within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage.

  (2) When a drop spreader, rotary spreader with a deflector, or targeted spray liquid is used for fertilizer application, the setback required under paragraph (1) of this subsection may be reduced to 10 feet.

  (3) The establishment of setbacks for fertilizer application under this subsection does not preclude the establishment or applicability of, or compliance with, any other environmental standards established under any other State or federal law, rule, or regulation.

(e) Except as provided in subsections (c) and (d) of this section, a person may apply fertilizer to turf containing phosphorus if the person:

  (1) Determines that the fertilizer is necessary for the specific soils and target vegetation in accordance with a soil test performed no more than 3 years before the fertilizer application, provided the application complies with the recommendations established by the University of Maryland;

  (2) Is establishing vegetation for the first time, such as after land disturbance, provided the application complies with the recommendations established by the University of Maryland; or

  (3) Is reestablishing or repairing a turf area.

(f)

  (1) Except as provided in paragraph (2) of this subsection and in addition to the requirements set forth in this section, a person, other than a professional fertilizer applicator, may not:

    (i) Apply fertilizer to turf in an amount that is inconsistent with the annual recommended rate established by the University of Maryland;

    (ii) Apply nitrogen to turf:

      (1) At an application rate of more than 0.7 pounds per 1,000 square feet of water-soluble nitrogen; or

      (2) At an application rate that is more than 0.9 pounds per 1,000 square feet of total nitrogen, at least 20% of which shall consist of slow-release nitrogen; and

    (iii) Apply fertilizer to a golf course.

  (2)

    (i) Subject to subparagraphs (ii) and (iii) of this paragraph, a person may apply an enhanced efficiency fertilizer:

      (1) At an annual application rate of no more than 2.5 pounds per 1,000 square feet of nitrogen; and

      (2) That has a release rate of no more than 0.7 pounds per 1,000 square feet of nitrogen per month.

    (ii) The annual total application rate of an enhanced efficiency fertilizer may not exceed 80% of the annual recommendation rate established by the University of Maryland.

    (iii) Enhanced efficiency fertilizers may not be applied after November 15 or before March 1 of each calendar year.

(g) A county or municipality may enforce this section.

(h) The Department may adopt regulations to implement this section.

#### Section 8-803.6

(a)

  (1) The Department shall, in consultation with the University of Maryland, establish a program to certify professional fertilizer applicators.

  (2) The certification program shall provide professional fertilizer applicators with training and education in the following subject areas:

    (i) The proper use and calibration of fertilizer application equipment;

    (ii) The hazards involved in, and the environmental impact of, applying fertilizer, including nutrient pollution to:

      (1) Surface water subject to the jurisdiction of the State;

      (2) The Chesapeake Bay and its tributaries;

      (3) A pond within the State;

      (4) A lake within the State;

      (5) A river within the State;

      (6) A stream within the State;

      (7) A public ditch within the State;

      (8) A tax ditch within the State; and

      (9) A public drainage system within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage;

    (iii) All applicable State and federal laws, rules, and regulations;

    (iv) The correct interpretation of fertilizer labeling information; and

    (v) The recommendations developed by the University of Maryland for nutrient management on turf, including the appropriate time to:

      (1) Apply fertilizer when rain is forecast; and

      (2) Apply fertilizer when soils are wet and the potential for fertilizer movement off-site exists.

(b) In establishing the certification program, the Department may:

  (1) Charge reasonable fees, including an annual recertification fee, to cover costs associated with the certification program;

  (2) Require continuing education or training for professional fertilizer applicators;

  (3) Designate one or more entities to train, certify, and recertify professional fertilizer applicators, which may charge fees to cover the reasonable costs associated with the certification training and education; and

  (4) Recognize the training program of an entity employing professional fertilizer applicators if the program meets the certification and recertification training and education standards established by the Department under this section.

(c) The Department shall publish and maintain a list of all certified professional fertilizer applicators and make the list available on the Department's Internet Web site.

(d) The Department may adopt regulations to implement this section.

#### Section 8-803.7

(a) The Department, in consultation with the University of Maryland, shall develop a program of public education that shall include:

  (1) The dissemination of information regarding nutrient pollution;

  (2) Best management practices for fertilizer use;

  (3) Soil testing;

  (4) Proper interpretation of fertilizer label instructions; and

  (5) The proper use and calibration of fertilizer application equipment.

(b) The University of Maryland shall identify laboratories that:

  (1) Follow the recommended soil testing procedures for the mid-Atlantic United States; and

  (2) Provide a final report to a requestor of soil testing with the results of a soil test.

(c) The University of Maryland shall review its fertilizer turf guidelines every 3 years and revise the guidelines as necessary, with consideration of plant nutrient requirements and established State goals to protect water quality in the waters of the State.

#### Section 8-803.8

(a) Except for enforcement as authorized under Sec. 8-803.5(g) of this subtitle, the Department has the exclusive authority to establish standards regulating fertilizer and its application to turf.

(b) A local government entity may not adopt laws, regulations, rules, ordinances, or standards regulating fertilizer and its application to turf.

(c) Subsections (a) and (b) of this section do not exempt a person from complying with any provision of, or any regulation adopted in accordance with, the Environment Article.

#### Section 8-803.9

The Department may adopt regulations for agricultural research, education, and demonstration exemptions to this subtitle. 

#### Section 8-804

(a) The Department shall establish a Nutrient Management Advisory Committee. The Secretary shall appoint to the Committee representatives of the agricultural community, the environmental community, the commercial lawn care, biosolids, and agricultural fertilizer industries, academia, and appropriate government units. The Secretary also shall appoint to the Committee a representative of county government from a list submitted by the Maryland Association of Counties. The President of the Senate of Maryland shall appoint to the Committee one Senator and the Speaker of the House of Delegates shall appoint to the Committee one Delegate.

(b) In consultation with the Nutrient Management Advisory Committee, the Department shall by regulation:

  (1) Prescribe the criteria, form, and content for certified nutrient management plans applicable to licensees and certificate holders;

  (2) Establish continuing education requirements for certified nutrient management consultants and persons receiving vouchers of completion under Sec. 8-803.3 of this subtitle; and

  (3) Adopt guidelines and requirements for licensees and certified nutrient management consultants on record keeping and on reporting requirements to the Department on nutrient management plans.

#### Section 8-805

Subject to the provisions of the Administrative Procedure Act, the Department may deny, suspend, or revoke a certificate or license for a violation of this subtitle or for a violation of any regulation adopted under this subtitle by the Department.

#### Section 8-806

(a) Except for a government agency, the Department shall charge the following fees under this subtitle:

  (1) Certificate (nutrient management consultant)     $50;

  (2) License (individual or sole proprietorship)     $50;

  (3) License (corporation or partnership)     $100;

  (4) Renewal      $150; and

  (5) Certificate (farm operator's plan development)     $20.

(b) The Department shall charge an applicant for the full cost of any training provided by the Department under this subtitle.

(c) All money collected under this subtitle shall be deposited in the General Fund of the State.

#### Section 8-807

(a) On or before December 31 of each year, the Department of Agriculture shall report to the Governor, and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly, on:

  (1) The farm acreage covered by nutrient management plans and the implementation and evaluation of those plans; and

  (2) In consultation with the Nutrient Management Advisory Committee, the implementation of the requirements of the Water Quality Improvement Act of 1998.

(b) The report required under subsection (a)(2) of this section shall include information regarding:

  (1) The level of participation in the nutrient management plan program;

  (2) Additional resources that may be needed to meet the requirements of Sec. 8-803.1 of this subtitle;

  (3) The effectiveness of nutrient application education programs; and

  (4) The effectiveness of the Manure Transportation Project set forth in Sec. 8-704.2 of this title.

(c)

  (1) Beginning in 2020, the report required under this section shall include information on the production and use of animal manure by farm operations covered by nutrient management plans during the previous year, including:

    (i) The amount of animal manure exported by farm operations to alternative use facilities or other farm operations in the State;

    (ii) The amount of animal manure exported out of the State by farm operations; and

    (iii) The amount of animal manure land applied by farm operations in the State and the source of that manure.

  (2) The information required under this subsection shall be reported:

    (i) By geographic area, including by county or local watershed; and

    (ii) In a manner that protects the identity of individual farm operation.

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Md. Code Ann., Agric. (as displayed at mgaleg.maryland.gov, October 16, 2026)