Governor O’Malley Signs Agriculture Bills into Law

Authorizes Secretary of Agriculture to Define ‘Locally Grown and Local’ Products

ANNAPOLIS, MD (May 4, 2010) – Governor Martin O’Malley today signed into law 12 agriculture-related bills as the culmination of a positive legislative session for the farm community.  The bills signed today define the terms “locally grown” and “local” for agricultural product sales, reduce the regulatory burden for farmers selling at farmers markets, reform Maryland winery laws, authorize a nutrient credit trading program, and provide more opportunities for landowners to preserve their farmland.

“Working closely with the General Assembly this session, we passed key legislation to expand and enhance Maryland’s agriculture industry and keep it strong and profitable in the long-term,” said Governor O’Malley.  “When our agricultural businesses are profitable, the next generation will see farming as a viable career opportunity, and Maryland will preserve its open space and locally-grown food industry for a smart, green and growing future.”

“We are very pleased by this year’s legislative session and have started the process to define ‘locally grown’ and ‘local’ for the benefit of Maryland farmers, consumers and retailers,” said Agriculture Secretary Buddy Hance. “We thank Governor O’Malley, the General Assembly, the farm community and the citizens who pushed for passage of these bills. Their support for bills addressing nutrient trading, estate taxes, licensing fees, market opportunities and land preservation shows that more people are recognizing how important farming is to their lives.”

Agriculture-related bills signed today are:

• SB 59, which alters MALPF funding methods and adds flexibility to the acquisition of easements using a settlement option the landowner prefers through a partnership with MARBIDCO.
• SB 93, which alters and increases the fee structure for pesticide applicator certification examinations, registration of pest control employees with MDA and late fee payments for license, certificate or registration renewal under the Pesticide Applicator’s law.
• SB 198, which changes the definition of “food service facility” to exclude the sale of raw farmers’ market products from regulation as a food service facility. It also requires the Department of Health and Mental Hygiene to establish a producer mobile farmers’ market license.
• SB 199, which authorizes a county to establish a seasonal farmers’ market producer sampling license to allow a producer to prepare and offer samples of the product at farmers’ markets in the county for a specified time period for a single fee.
• SB 858, which reforms 20 issues documented in a report by the Governor’s Advisory Commission on Maryland Wine & Grape Growing, titled “Impediments to Growth.” The new law clears up inconsistent and confusing laws, and provides a clear path for winery development and growth.
• SB 1128, which authorizes the Board of Public Works to issue a license to dredge and fill on State wetlands for a development project that would expand a marina to support aquaculture or seafood operations.
• HB 420, which expands the activities and ways that the MDA Mosquito Control program can work in order to make it a more effective and efficient program.
• HB 421, which authorizes the Secretary of Agriculture to adopt standards to regulate the use of the terms “locally grown” and “local” to advertise or identify an agricultural product and prohibits a person from knowingly advertising or identifying an agricultural product in violation of standards.
• HB 89/SB 3, which exempts aquacultural activities for which the Department of Natural Resources has issued a specified permit from a requirement to pay application fees under the Wetlands and Waterways Program.
• HB 611/SB 477, which expands a provision of law that prohibits mobile seafood vendors from operating on a State highway right-of-way without a State lease to include mobile produce vendors and expands restrictions in certain situations and locations.
• HB 974, which authorizes MDA to implement a nutrient credit trading program and facilitating transactions between participating parties.

To see a full listing of bills signed by Governor O’Malley, visit www.gov.state.md.us and to see all bills considered by the 2010 General Assembly log onto www.mlis.state.md.us. The “90-Day Report” on the Maryland General Assembly’s website is organized by subject area for easier reference.

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