Departmental Proposed and Emergency Regulations

The following outlines current “Notices of Proposed Action” for proposed regulations pending public comment and proposed emergency regulations pending approval that have been requested by the Maryland Secretary of Agriculture and published in the Maryland Register. Click on any of the headlines listed below to read the proposed regulations in their entirety. The contact information and deadline for submitting comments is also included below.  

Notice of Proposed Action -  

The following notice was published in the Maryland Register, Sept. 16, 2016 (Page 1088)

15.05.01 Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses

Authority: Agriculture Article, §§ 5-105, 5-106 and 5-204, Annotated Code of Maryland

The Secretary of Agriculture prposes to amend Regulation .02 under COMAR 15.05.01 Use and Sale of Pesticides, Certification aof Pesticide Applicators and Pest Control Consultants and Licensing of Pesticide Businesses. The purpose of this action is to prohibit the use and registration of a pesticide to control plant pests when growing cannabis, but to allow limited pesticide use for the unrelated purpose of disinfection or sanitation before growth. The Secretary of Agriculture has determined that the application of pesticide to cannabis may pose a health risk for human consumption because no pesticides have been registered for this use by the U.S. Environmental Protection Agency and no risk assessment to human health has been performed. This action also establishes a procedure to be followed by a person who seeks the Secretary’s approval for the use of a pesticide on cannabis. There is no corresponding federal standard to this proposed action. Currently, only 15 medical cannabis grow facilities licensed by the State Cannabis Commission will be allowed to grow cannabis. Prohibiting the use of a pesticide on these plants will require growers to incur the cost of applying sound integrated pest management practices to control plant pests. In addition, a person who seeks approval from the Secretary of Agriculture to use a pesticide on cannabis must assume the substantial cost of performing a risk assessment for any pesticide to be approved. The proposed action has minimal or no economic impact on small businesses. The proposed action has no impact on individuals with disabilities. Comments may be sent to Dennis Howard, Program Manager, Pesticide Regulation, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401, or call (410) 841-5710, or email to dennis.howard@maryland.gov, or fax to (410) 841-2765. Comments will be accepted through October 17, 2016. A public hearing has not been scheduled.


Proposed Emergency Regulations - none pending

Notices of Final Action

Note: Notices of Final Action will stay on this page for six months. After that, all state regulations can be viewed at the Code of Maryla​nd Regulations (COMAR) site.

The following notices were published in the August 19, 2016 Maryland Register (p. 956)

  • Subtitle 14 Board of Veterinary Medical Examiners 15.14.12.  On August 9, 2016, the Secretary of Agriculture adopted amendments to Regulation .02 under COMAR 15.14.12 Fees. This action, which was proposed for adoption in 43:13 Md. R. 747—748 (June 24, 2016), has been adopted as proposedEffective Date: August 29, 2016.
  • 15.20.12 Agricultural Nutrient and Sediment Credit Certification Program. On August 9, 2016, the Secretary of Agriculture adopted amendments to Regulations .01, .02, .05, and .07—.09 under COMAR 15.20.12 Agricultural Nutrient and Sediment Credit Certification Program. This action, which was proposed for adoption in 43:12 Md. R. 688—689 (June 10, 2016), has been adopted as proposed​.Effective Date: August 29, 2016.

The following notices were published in the June 24, 2016 Maryland Register (p. 713)

  • Subtitle 11, Chapter 18 Requirements for Sheep and Goats for the Eradication of Scrapie. On May 31, 2016, the Secretary of Agriculture adopted the repeal of existing Regulations .01-.08 under COMAR 15.11.18 .01-.12 under a new chapter, COMAR 15.11.18 Requirements for SHeep and Goats for the Eradication of Scrapie. This action which was proposed for adoption in 43:8 Md. R. 508-511 (Aparil 15, 2016) has been adopted as proposed. Effective Date: July 4, 2016.
  • Subtitle 02 Board of Review. 15.02.01 Board of Review Procedure. On June 1, 2016, the Secretary of Agriculture adopted the repeal of Regulations .01-.09 under COMAR 15.02.01 Board of Review Procedure. This action, which was proposed for adoption in 43:7 Md.R. 465 (April 1, 2016) has been adopted as proposed. ​Effective Date: July 4, 2016

The following notice was published in the May 27, 2016 Maryland Register (p. 635)

  • On May 17, 2016, the Secretary of Agriculture adopted amendments to Regulation .03 under COMAR 15.01.01 Procedural Regulations. This action, which was proposed for adoption in 43:7 Md.R.464-465 (April 1, 2016), has been adopted as proposed. Effective Date: June 6, 2016.​

The following notice was published in the May 13, 2016 Maryland Register (p. 589)

  • On April 28, 2016, the Secretary of Agriculture adopted new Regulations .01 - .07 under COMAR 15.03.12 Biodiesel Motor Blend Fuel Registration for a Weighing and Measuring Device.  This action, which was proposed for adoption in 43:1 Md. R. 68-69 (January 8, 2016), has been adopted as proposed. Effective Date: May 23, 2016

The following notice was published in the April 1, 2016 Maryland Register (p.452)

  • On March 22, 2016 the Secretary of Agriculture adopted amendments to Regulations .02, the repeal of the existing Regulations .04, and new Regulations, .04, .06 and .07 under COMAR 15.06.04 Regulations of Invasive Plants. This action, which was proposed for adoption in the 43.4 Md. R284-286 (Feburary 5, 2016), has been adopted as proposed.  Effective Date: April 11, 2016