This chapter governs the distribution of contract feed for chickens to a contract feeder. In this chapter, the following terms have the meanings indicated. Terms Defined. “Additive” means any substance that is a component of, or that is included in, a contract feed for the specific purpose of reducing the quantity of phosphorus in chicken waste. “Commercial feed” means a material which is distributed for use as feed, or for mixing in feed for chickens, except: Unmixed and unprocessed whole seeds or meal made directly from the entire seeds; Unground hay; or Stover, silage, cobs, hulls, and whole or ground straw, none of which materials have been mixed with any other material. “Contract feed” means a commercial feed: Intended for use as a chicken feed, according to an agreement between a distributor and a contract feeder; and Containing inorganic phosphorus. “Contract feeder” means an independent contractor who feeds a contract feed to chickens pursuant to a contract whereby commercial feed is supplied, or otherwise provided to the contract feeder, and payment is determined wholly or partially by feed consumption, mortality, profits, and amount or quality of the product. “Department” means the Maryland Department of Agriculture. “Distribute” means to exchange, offer for sale, sell, barter, supply, or provide commercial feed, customer-formula feed, or contract feed to a contract feeder, or otherwise to supply or provide commercial feeds as part of a commercial enterprise. “Enzyme” means a specific protein, or a substance containing a specific protein, that is used as a feed additive to increase the digestibility or availability of phytate-bound phosphorus in corn, sorghum, soybeans, and other cereal grains, or in any plant ingredients included in a commercial feed. “Person” means an individual, corporation, partnership, association, firm, or other business entity. “Phytase” means an enzyme, or specific protein, that is used as a feed additive to increase the digestibility or availability of phytate-bound phosphorus in corn, sorghum, soybeans, and other cereal grains, or in any plant ingredients included in a commercial feed. “Secretary” means the Secretary of Agriculture or the Secretary's designee. A person who distributes contract feed shall add to the feed phytase, other enzyme, or additive that reduces the level of phosphorus in poultry waste. Notification to Department. By January 1 of each year, a person distributing to a contract feeder a contract feed shall provide the Department with the following information for that calendar year: Name of company or firm distributing a contract feed; Name or identifying number of each contract feed; Name of each type of enzyme or additive to be included in each contract feed; and A copy of the product label, or scientific documentation, supporting the use of each enzyme or additive in the contract feed. During the calendar year, any change in the type of enzyme or additive to be mixed with a contract feed shall be reported by the distributor to the Department before it is used in the feed. Record Keeping. A person distributing a contract feed to a contract feeder shall maintain a production record for each lot of feed produced or the quantity of feed produced during a specific period, such as each shift or each day. Each production record shall include the following: Brand name or identifying number of the contract feed; Lot identification or period of production at the feed manufacturing site; Specific name of the enzyme or additive included in the contract feed; Quantity of the contract feed produced; and Quantity of the enzyme or additive included in the contract feed. Each contract feed production record shall be: Maintained for 1 year from the date of manufacture of each lot or designated quantity of contract feed; and Made available, upon request, to the Department. Contract Feed Analysis. A person producing a contract feed shall: Collect a representative sample from at least one lot per quarter of a contract feed produced at each feed mill; Have the sample analyzed by a laboratory to determine the activity or concentration of phytase, other enzyme, or additive present in the contract feed sampled; Maintain for at least 1 year from the date of analysis the laboratory results of each contract feed analyzed; and Make available, upon request, to the Department the results of the laboratory analysis of each representative sample. Each person producing a contract feed shall make available to the Department, upon request, a sample from any lot of contract feed produced for distribution to a contract feeder. When analyzing any sample, the Department shall use the method of analysis provided in the Journal of the Association of Official Analytical Chemists. Departmental Access to Records. A person producing or distributing a contract feed in the State shall provide access for the Secretary to: Inspect the production of a contract feed; Sample any contract feed; or Review any records pertaining to the use of phytase, other enzyme, or additive in a contract feed. A person who violates the provisions of this chapter is guilty of a misdemeanor and is subject to the penalties and fines provided in Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland. Agriculture Article, §6-107.1, Annotated Code of Maryland Effective date: May 13, 2002 (29:9 Md. R. 746)