EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0375* SENATE BILL 375 M4 5lr1380 SB 1055/24 – EEE CF 5lr1420 By: Senator Kramer Introduced and read first time: January 17, 2025 Assigned to: Education, Energy, and the Environment A BILL ENTITLED AN ACT concerning 1 Agriculture – Roosters – Restrictions 2 FOR the purpose of prohibiting, unless authorized by the Department of Agriculture, a 3 certain person from keeping a certain number of roosters on certain property 4 beginning on a certain date, subject to certain exceptions; authorizing the 5 Department to work in cooperation with a local animal control or law enforcement 6 officer to enforce this Act; and generally relating to restrictions on keeping roosters 7 in the State. 8 BY adding to 9 Article – Agriculture 10 Section 3–105.2 11 Annotated Code of Maryland 12 (2016 Replacement Volume and 2024 Supplement) 13 Preamble 14 WHEREAS, Despite its illegality in Maryland, ongoing issues persist with 15 cockfighting; and 16 WHEREAS, Breeding roosters for cockfighting is directly linked to the spread of 17 Avian Flu; now, therefore, 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Agriculture 21 3–105.2. 22 2 SENATE BILL 375 (A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 1 INDICATED. 2 (2) “PROPERTY” MEANS: 3 (I) A PARCEL OF LAND ; OR 4 (II) A COMBINATION OF PARCE LS OF LAND OPERATING AS A 5 SINGLE UNIT. 6 (3) “ROOSTER” MEANS A MALE CHICKEN THAT: 7 (I) IS AT LEAST 6 MONTHS OLD; 8 (II) HAS FULLY DEVELOPED A N ADULT PLUMAGE ; OR 9 (III) IS CAPABLE OF CROWING . 10 (B) THIS SECTION DOES NOT APPLY TO: 11 (1) COMMERCIAL POULTRY PR ODUCERS, AS DEFINED IN § 8–704.2 OF 12 THIS ARTICLE; 13 (2) A PUBLIC SCHOOL OR NON PUBLIC SCHOOL THAT R ECEIVES 14 STATE FUNDS; 15 (3) A GOVERNMENT –OPERATED ANIMAL SHEL TER; 16 (4) AN ANIMAL WELFARE ORG ANIZATION, AS DEFINED IN § 19–701 OF 17 THE BUSINESS REGULATION ARTICLE; OR 18 (5) A MEMBER OF A 4–H OR FUTURE FARMERS OF AMERICA 19 PROGRAM IF, ON REQUEST OF AN ANI MAL CONTROL OFFICER , AN OFFICER OF A 20 COUNTY HUMANE SOCIET Y, OR A POLICE OFFICER , THE MEMBER PROVIDES IN 21 WRITING PROOF OF : 22 (I) MEMBERSHIP IN A 4–H OR FUTURE FARMERS OF AMERICA 23 PROGRAM; AND 24 (II) AUTHORIZATION FROM TH E COUNTY IN WHICH TH E 25 ROOSTERS ARE LOCAT ED THAT SPECIFIES : 26 SENATE BILL 375 3 1. THE REASON FOR KEEPIN G MORE THAN 5 ROOSTERS 1 PER ACRE OR MORE THA N 25 ROOSTERS ON A PROPER TY; 2 2. THE NUMBER OF ROOSTER S THAT MAY BE KEPT ; 3 3. THE BREED OF EACH ROOSTER THAT MAY BE KEPT; 4 4. THE DURATION OF TIME EACH ROOSTER MAY BE 5 KEPT; AND 6 5. THE ADDRESS OF THE PR OPERTY WHERE EACH 7 ROOSTER MAY BE KEPT . 8 (C) BEGINNING JANUARY 1, 2027, UNLESS AUTHORIZED BY THE 9 DEPARTMENT , A PERSON WHO KEEPS ROOSTERS THAT ARE MA INTAINED 10 INDIVIDUALLY AND KEPT MOVEMENT –CONSTRAINED THROUGH THE USE OF AN 11 ENCLOSURE OR TETHER MAY NOT: 12 (1) KEEP MORE THAN 5 ROOSTERS PER ACRE ON A SINGLE 13 PROPERTY; OR 14 (2) KEEP MORE THAN A TOTA L OF 25 ROOSTERS ON A SINGLE 15 PROPERTY. 16 (D) (1) THIS SECTION DOES NOT AFFECT THE AUTHORITY OF A COUNTY, 17 MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO ENACT AND ENFORCE 18 STANDARDS OR REQUIRE MENTS RELATED TO ROO STERS THAT ARE MORE 19 STRINGENT THAN THE R EQUIREMENTS OF THIS SECTION. 20 (2) THIS SECTION DOES NOT LIMIT OR SUPERSEDE A NY OTHER 21 COUNTY, MUNICIPAL, OR STATE LAW, RULE, OR REGULATION THAT P ROVIDES MORE 22 STRINGENT REQUIREMEN TS REGARDING THE KEE PING OF ROOSTERS . 23 (E) A PERSON WHO VIOLATES THIS SECTION IS: 24 (1) GUILTY OF A MISDEMEAN OR AND ON CONVICTION IS SUBJECT TO 25 A FINE NOT EXCEEDING $1,000; OR 26 (2) SUBJECT TO ENFORCEMEN T UNDER § 3–119 OF THIS SUBTITLE. 27 (F) THE DEPARTMENT MAY WORK I N COOPERATION WITH A LOCAL ANIMAL 28 CONTROL OR LAW ENFOR CEMENT OFFICER TO EN FORCE THIS SECTION . 29 4 SENATE BILL 375 (G) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE THE 1 DEPARTMENT TO CONDUCT ADDITIONA L INSPECTIONS BEYOND THOSE 2 INSPECTIONS REQUIRED BY LAW. 3 (H) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 4 SECTION. 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 October 1, 2025. 7