# COMAR Title 15 — Maryland Department of Agriculture

## Subtitle 01 — Office of the Secretary

### Chapter 03 — Approval of the Secretary of Agriculture for the Giving Away of Live Animals as Prizes

**Authority:** Criminal Law Article, §10-610, Annotated Code of Maryland

**Administrative History:** Effective date: June 15, 1979 (6:12 Md. R. 1052)

**Administrative History:** Regulation .02 amended effective July 6, 1992 (19:13 Md. R. 1203); January 2, 1994 (20:26 Md. R. 2028); August 12, 1996 (23:16 Md. R. 1176)

**Administrative History:** Regulation .03 amended effective August 12, 1996 (23:16 Md. R. 1176)

#### Regulation .01 Permission of the Secretary.

*COMAR 15.01.03.01*

A. The Secretary of Agriculture is responsible for approving the giving away of a live animal (vertebrate) in the following cases when given:

  (1) As a prize or an inducement to enter a contest, game, or other competition; or

  (2) As an inducement to enter a place of amusement;

  (3) As an incentive to enter into a business agreement when an animal is offered for the purpose of attracting trade.

B. Approval for giving away a live animal is not required when the animal is given away:

  (1) As an agricultural project;

  (2) For a conservation purpose;

  (3) For slaughter.

#### Regulation .02 Requests for Approval.

*COMAR 15.01.03.02*

A. Requests for approval to give an animal away shall be submitted in writing to the Secretary and shall provide details which clearly describe the following:

  (1) The applicant's efforts to provide the animal with a sanitary environment;

  (2) The type of food the animal will be provided and at what intervals the animal will be fed and, when appropriate, watered;

  (3) What effort the applicant shall make to ensure that an animal is kept healthy and in good condition;

  (4) The locations and dates where the giveaway is to occur, for example, the location of the fair and when the fair will take place; and

  (5) When appropriate, a description of the container that the recipient will be provided to transport the animal.

B. Unless the applicant provides all of the details required under this regulation, the Secretary shall deny the request.

#### Regulation .03 Approval of Requests.

*COMAR 15.01.03.03*

A. In deciding whether to give an applicant permission to give an animal away, the Secretary will judge each application on a case-by-case basis depending on the needs of each animal.

B. To receive the Secretary's approval of the request to give away live animals, the applicant shall comply with the following requirements:

  (1) The applicant shall treat humanely all animals to be given away;

  (2) The applicant may not give an animal to a person who does not want it;

  (3) The applicant shall take steps to ensure that the animal is kept healthy and in good condition, including but not limited to the following:

    (a) Provide the animal with a sanitary environment, for example, that the container holding the animal is cleaned regularly and maintained in a sanitary condition,

    (b) When appropriate, provide potable water to the animal, and

    (c) Feed the animal nutritious food in sufficient quantities;

  (4) The applicant may not give away an animal that is not in good health;

  (5) The applicant shall inform the recipient of an animal that the applicant will care for the animal until the recipient leaves the event in which the giveaway is occurring, for example, the fair;

  (6) The applicant shall give the recipient or winner a coupon which may be used to redeem the animal at the time the recipient or winner departs from the event, for example, the fair;

  (7) For each recipient of an animal, the applicant shall provide written instructions on how to care for the animal and, when appropriate, a suitable container to transport the animal; and

  (8) The applicant shall permit the Secretary or the Secretary's agent to examine an animal that is to be given away.

C. If the Secretary approves the giving away of an animal, the approval shall be in writing and retained on the premises where the animal is to be given away.

D. Violations.

  (1) Except as provided in §D(2) of this regulation, if a person violates the terms of an approval, or provides inaccurate information to the Secretary, an approval may be revoked after a hearing as provided by regulations of the Maryland Department of Agriculture.

  (2) The Department may summarily suspend its approval if it finds that the safety or welfare of an animal under the applicant's care requires emergency action and promptly gives the applicant:

    (a) Written notice of the suspension, the finding, and the reasons that support the finding; and

    (b) An opportunity to be heard.