US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Maryland Statutes » Agriculture » Title 16 - Maryland Produce Safety Program

Section 16-101 – Definitions [Title Subject to Contingent Abrogation]

    (a)    In this title the following words have the meanings indicated.     (b)    “Covered activity” has the meaning stated in 21 C.F.R. § 112.3, as amended.     (c)    “Covered farm” means a farm or a farm mixed–type facility for which, on a rolling basis, the average annual monetary value of produce sold during the previous 3–year period is more than […]

Section 16-102 – Program Established [Title Subject to Contingent Abrogation]

    (a)    There is a Maryland Produce Safety Program in the Department.     (b)    The purpose of the Program is to reduce the risk of adverse impacts on human health from the consumption of contaminated produce.     (c)    The Program shall conform with the federal standards for growing, harvesting, packing, and holding produce for human consumption.     (d)    (1)    The Secretary shall administer and […]

Section 16-103 – Compliance With Program and Federal Requirements [Title Subject to Contingent Abrogation]

    (a)    Except as provided in subsection (b) of this section, when conducting a covered activity on covered produce, a covered farm shall comply with the requirements of the Program.     (b)    When conducting a covered activity on covered produce, a farm that has a qualified exemption shall comply with:         (1)    The requirements established under 21 C.F.R. Part 112, Subparts […]

Section 16-104 – Records; Confidentiality [Title Subject to Contingent Abrogation]

    (a)    A covered farm, including a farm that has a qualified exemption, shall:         (1)    Keep and maintain accurate records in accordance with the requirements of the Program; and         (2)    Make any record required to be kept under item (1) of this subsection available to the Secretary on request.     (b)    (1)    Except as provided in paragraph (2) of this subsection, any […]

Section 16-107 – Action for Injunction [Title Subject to Contingent Abrogation]

    (a)    The Secretary may bring an action for an injunction against a person to:         (1)    Enforce the requirements of the Program;         (2)    Enforce an order issued by the Secretary under this title; or         (3)    Prevent or restrain a violation of this title.     (b)    In an action for an injunction brought under this section, the Secretary does not have to allege […]

Section 16-108 – Detention of Covered Produce [Title Subject to Contingent Abrogation]

    (a)    If the Secretary finds that covered produce is in violation of the requirements of the Program, the Secretary may detain the covered produce for a period that does not exceed 30 consecutive days.     (b)    Any covered produce detained by the Secretary under this section shall be detained pending condemnation proceedings or notification of any federal or […]

Section 16-109 – Condemnation of Covered Produce [Title Subject to Continent Abrogation]

    (a)    If the Secretary finds that covered produce is in violation of the requirements of the Program, the Secretary may file a petition for condemnation of the covered produce in the circuit court of the county in which the covered produce was found.     (b)    If a circuit court issues an order for condemnation of covered produce based […]

Section 16-110 – Subpoenas; Administrative Search Warrants [Title Subject to Contingent Abrogation]

    (a)    The Secretary may:         (1)    Issue a subpoena to compel testimony or the production of any record required to be kept under § 16–104 of this title; and         (2)    File a petition in a court of competent jurisdiction for an order of contempt against a person that, without lawful excuse, fails to obey the subpoena.     (b)    (1)    The Secretary may […]

Section 16-111 – Penalties and Fines [Title Subject to Contingent Abrogation]

    (a)    A person that violates this title is subject to the penalties and fines set forth in Title 12 of this article.     (b)    (1)    Instead of or in addition to any other penalty authorized under this article, the Secretary may impose a civil penalty on a person not exceeding $5,000 for each violation of:             (i)    This title; or             (ii)    Any […]