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<chapter num="09" heading="Advertising Agricultural Products as Local or Locally Grown" title_num="15" subtitle_num="01">
  <regulation prefix="Regulation" num=".01" heading="Purpose.">
    <paragraph num="A.">
      <text>The purpose of this chapter is to require a person who advertises a particular agricultural product as local or locally grown to disclose certain information about the particular product. It applies to any person who, in advertising a particular agricultural product for sale in this State, represents the particular product to be local or locally grown, including, but not limited to, wholesalers, retail stores, farmers markets, and restaurants.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The purpose of the disclosure is to allow a consumer to make his or her own determination as to whether an agricultural product advertised as local conforms to the consumer’s own definition of local or locally grown.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Definitions.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Advertise” means to publish, circulate, disseminate, or place before the public in any way or through any medium.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“Agricultural product” means raw meat, eggs, fish, fruits, vegetables, shellfish, and processed dairy products, intended for human consumption..</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“Person” includes an individual, association, partnership, corporation, or any other business entity, or an agent or employee of an individual or entity.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“Secretary” means the Secretary of Agriculture or the Secretary’s designee.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Prohibition and Disclosure Statement.">
    <text>A person may not advertise a particular agricultural product for sale as local or locally grown, or use any term that may lead a consumer to believe that the product is local or locally grown, including the term “regional”, unless the advertisement includes a disclosure of the place of origin, naming the state where the product was originally grown or raised, or in the case of fish or shellfish, the state where the product was raised or landed.</text>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Posting of Disclosure Statement.">
    <paragraph num="A.">
      <text>A person who is subject to the requirements of this chapter shall post in a clear and conspicuous manner the disclosure statement required by Regulation .03 of this chapter so that it can be seen easily by the consumer before the consumer buys or consumes the product about which the disclosure is made.</text>
    </paragraph>
    <paragraph num="B.">
      <text>A person subject to this chapter shall post the disclosure statement required by Regulation .03 of this chapter with or immediately adjacent to any advertisement representing that the product is local or locally grown.</text>
    </paragraph>
    <paragraph num="C.">
      <text>If products sourced from different states of origin are intermingled for sale under a single advertisement, a person subject to this chapter shall post the disclosure statement required by Regulation .03 of this chapter for each state from which the intermingled products originated.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Documentation Requirement.">
    <text>Upon request by the Secretary, a person subject to the requirements of this chapter shall provide the Secretary with documentation that shows the state of origin for any agricultural product advertised for sale as local or locally grown.</text>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Penalty.">
    <text>A person who knowingly violates this chapter is guilty of a misdemeanor and is subject to a penalty provided in Agriculture Article, Title 12, Annotated Code of Maryland.</text>
  </regulation>
  <annotations>
    <annotation type="Authority">Agriculture Article §10-1701, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: June 27, 2011 (38:13 Md. R. 757)</annotation>
  </annotations>
</chapter>