§ 8-8A-01

349 words·~2 min read·/md/agriculture/8-8a-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§8–8A–01.

(a)In this subtitle the following words have the meanings indicated.

(b)“Agricultural operation” means each physical site where a person engages in a business that:

(1)Grows, raises, keeps, pastures, or otherwise produces a farm product, including:

(i)Any agricultural, horticultural, vegetable, or fruit product of the soil; or

(ii)Livestock, poultry, eggs, dairy products, nuts, honey, and every product of a farm, a forest, or an orchard; and

(2)Has:

(i)A gross annual income of $2,500 or more; or

(ii)Eight or more animal units.

(c)“Applicant” means:

(1)The owner or operator of an agricultural operation; or

(2)A commercial broker or commercial hauler who has contracted with the owner or operator of an agricultural operation to have food processing residuals utilized at that location.

(d)“Commercial broker” means a person who:

(1)For commercial purposes, assumes temporary control of food processing residuals from an agricultural operation or a food processing plant and transports or arranges the transport of this material to an importing agricultural operation; and

(2)Is not working for or under the control of an agricultural operation.

(e)“Commercial hauler” means a person that is engaged in the business of hauling, transporting, moving, or land–applying food processing residuals as a contract agent for a farm operator, commercial broker, or food processing plant under the direction of the operator, broker, or processing plant.

(f)“Food processing residuals” means an organic material that is:

(1)Generated by processing agricultural commodities for human or animal consumption and includes food residuals, food coproducts, food processing wastes, food processing sludges, or any other incidental material whose characteristics are derived from processing agricultural products for human consumption or animal consumption; and

(2)Registered with the State Chemist as a soil conditioner.

(g)“NRCS” means the Natural Resources Conservation Service.

(h)“Permit” means a food processing residuals utilization permit.

(i)“Utilize” means:

(1)Handling or storing food processing residuals or using food processing residuals for land application; and

(2)Transporting food processing residuals to or from a generator of food processing residuals to or from an agricultural operation.