Emergency Regulations Take Effect for Food Processing Residuals

ANNAPOLIS, MD (October 18, 2024) – The Maryland Department of Agriculture has announced that the Joint Committee on Administrative, Executive, and Legislative Review (AELR) has approved emergency regulations to establish a new permit program for food processing residuals (FPRs) and make corresponding amendments to the Maryland Nutrient Management Manual.

Food processing residuals are generated during the production and processing of food products such as milk and poultry. New legislation, which took effect July 1, 2024, requires the department to oversee the transport, storage, and land application of food processing residuals on Maryland farms as a nutrient source. People who engage in these activities must first obtain a permit from the department. The new rules are designed to ensure that FPRs are managed to protect air and water quality.

“With the passage of House Bill 991 and Senate Bill 1074, the department has been granted the authority to establish a permit program for FPRs. The new requirement aims to address citizen complaints while still allowing the land application of this important nutrient source, following Maryland’s nutrient management regulations,” said Maryland Agriculture Secretary Kevin Atticks.

In 2023, Maryland joined a growing list of states regulating FPRs by requiring direct injection or same-day deep incorporation of FPRs on all cropland except hay fields. But residents in several Maryland counties have asked for stronger regulations and new permit requirements which are now in place.

If you are a Maryland farmer who uses FPRs, here’s what you need to know and do.

• A Food Processing Residuals Utilization Permit is required if you plan to transport, store, or land apply FPRs on Maryland farmland.
• A separate permit is required for each activity (transport, storage or spreading).
• Permit holders are required to post a bond to ensure compliance.
• Applications for transport and storage received by November 15 to be issued by January 1.
• Farmers who have submitted their applications by November 15 may continue to transport or store FPRs until the permit determination has been made
• Applications for land application of FPRs are due to the department by January 15. Permits will be issued by March 1, when land application of nutrient sources resumes.
• All FPRs must be applied to fields following Maryland’s nutrient management regulations. Nutrient management staff will be making site and field inspections to ensure compliance.

For more information on the new regulations, please visit mda.maryland.gov/conservation. To request a permit application, please contact:Dwight Dotterer, Administrator, Nutrient Management Program, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401, Phone: 410-841-5877 | Email dwight.dotterer@maryland.gov

# # #