EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0375* SENATE BILL 375 M4 5lr1380 SB 1055/24 – EEE CF HB 513 By: Senator Kramer Introduced and read first time: January 17, 2025 Assigned to: Education, Energy, and the Environment Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 24, 2025 CHAPTER ______ AN ACT concerning 1 Agriculture – Roosters Crimes Relating to Animals – Restrictions on Keeping 2 Roosters 3 FOR the purpose of prohibiting, unless authorized by the Department of Agriculture 4 beginning on a certain date , a certain person from keeping a 5 rooster movement–constrained through the use of a certain enclosure or tether 6 certain number of roosters on certain property beginning on a certain date, subject 7 to certain exceptions; authorizing the Department to work in cooperation with a local 8 animal control or law enforcement officer to enforce this Act; and generally relating 9 to restrictions on keeping roosters in the State. 10 BY adding to 11 Article – Agriculture Criminal Law 12 Section 3–105.2 10–608.1 13 Annotated Code of Maryland 14 (2016 (2021 Replacement Volume and 2024 Supplement) 15 Preamble 16 WHEREAS, Despite its illegality in Maryland, ongoing issues persis t with 17 cockfighting; and 18 WHEREAS, Breeding roosters for cockfighting is directly linked to the spread of 19 Avian Flu; now, therefore, 20 2 SENATE BILL 375 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Agriculture 3 3–105.2. 4 Article – Criminal Law 5 10–608.1. 6 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7 INDICATED. 8 (2) “ENCLOSURE” MEANS A STRUCTURE US ED FOR CONFINEMENT , 9 INCLUDING A WIRE CAG E OR AN ITEM TRADITI ONALLY USED FOR ANOT HER 10 PURPOSE SUCH AS A WA TER TANK OR PLASTIC BARREL, THAT: 11 (I) IS USED TO PROVIDE L ONG–TERM HOUSING FOR ONE ADULT 12 ROOSTER; AND 13 (II) PREVENTS INTERAC TION WITH OTHER ROOS TERS. 14 (2) (3) “PROPERTY” MEANS: 15 (I) A A PARCEL OF LAND ; OR 16 (II) A A COMBINATION OF PARCE LS OF LAND OPERATING AS A 17 SINGLE UNIT. 18 (3) (4) “ROOSTER” MEANS A MALE CHICKEN THAT: 19 (I) IS IS AT LEAST 6 MONTHS OLD ; 20 (II) HAS HAS FULLY DEVELOPED AN A DULT PLUMAGE ; OR 21 (III) IS IS CAPABLE OF CROWING . 22 (B) THIS SECTION DOES NOT APPLY TO: 23 (1) COMMERCIAL COMMERCIAL POULTRY PRODUCERS , AS DEFINED 24 IN § 8–704.2 OF THIS ARTICLE THE AGRICULTURE ARTICLE; 25 (2) A A PUBLIC SCHOOL OR NONPUBLIC SCHOOL THA T RECEIVES 26 STATE FUNDS; 27 SENATE BILL 375 3 (3) A A GOVERNMENT –OPERATED ANIMAL SHEL TER; 1 (4) AN AN ANIMAL WELFARE ORGAN IZATION, AS DEFINED IN § 19–701 2 OF THE BUSINESS REGULATION ARTICLE; OR 3 (5) A A MEMBER OF A 4–H OR FUTURE FARMERS OF AMERICA 4 PROGRAM IF, ON REQUEST OF AN ANI MAL CONTROL OFFICER , AN OFFICER OF A 5 COUNTY HUMANE SOCIET Y, OR A POLICE OFFICER , THE MEMBER PROVIDES IN 6 WRITING PROOF OF : 7 (I) MEMBERSHIP MEMBERSHIP IN A 4–H OR FUTURE 8 FARMERS OF AMERICA PROGRAM ; AND 9 (II) AUTHORIZATION AUTHORIZATION FROM THE COUNTY IN 10 WHICH THE ROOSTERS A RE LOCATED THAT SPEC IFIES: 11 1. THE THE REASON FOR KEEPING MORE THAN 5 12 ROOSTERS PER ACRE OR MORE THA N 25 ROOSTERS ON A PROPER TY; 13 2. THE THE NUMBER OF ROOSTERS T HAT MAY BE KEPT ; 14 3. THE THE BREED OF EACH ROOSTER THAT MAY BE 15 KEPT; 16 4. THE THE DURATION OF TIME EAC H ROOSTER MAY BE 17 KEPT; AND 18 5. THE THE ADDRESS OF THE PROPE RTY WHERE EACH 19 ROOSTER MAY BE KEPT ; OR 20 (6) A PERSON IF, ON REQUEST OF AN ANI MAL CONTROL OFFICER , AN 21 OFFICER OF A COUNTY HUMANE SOCIETY , OR A POLICE OFFICER , THE PERSON 22 PROVIDES IN WRITING PROOF THAT THE PERSO N KEPT MORE ADULT HE NS THAN 23 ROOSTERS WITHIN THE IMMEDIATELY PRECEDIN G 6–MONTH PERIOD . 24 (C) BEGINNING JANUARY 1, 2027, UNLESS AUTHORIZED BY THE 25 DEPARTMENT , A PERSON WH O KEEPS ROOSTERS THA T ARE MAINTAINED 26 INDIVIDUALLY AND KEPT MAY NOT KEEP A ROOST ER MOVEMENT –CONSTRAINED 27 THROUGH THE USE OF A N ENCLOSURE OR TETHE R MAY NOT: 28 (1) KEEP MORE THAN 5 ROOSTERS PER ACRE ON A SINGLE 29 PROPERTY; OR 30 4 SENATE BILL 375 (2) KEEP MORE THAN A TOTA L OF 25 ROOSTERS ON A SINGLE 1 PROPERTY. 2 (D) (1) THIS SECTION DOES NOT AFFECT THE AUTHORITY OF A COUNTY, 3 MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO ENACT AND ENFORCE 4 STANDARDS OR REQUIRE MENTS RELATED TO ROO STERS THAT ARE MORE 5 STRINGENT THAN THE R EQUIREMENTS OF THIS SECTION. 6 (2) THIS SECTION DOES NOT LIMIT OR SUPERSEDE A NY OTHER 7 COUNTY, MUNICIPAL, OR STATE LAW, RULE, OR REGULATION THAT P ROVIDES MORE 8 STRINGENT REQUIREMEN TS REGARDING THE KEE PING OF ROOSTERS . 9 (E) A PERSON WHO VIOLATES THIS SECTION IS: 10 (1) GUILTY OF A MISDEMEANO R AND ON CONVICTION IS SUBJECT TO 11 A FINE NOT EXCEEDING $1,000; OR 12 (2) SUBJECT TO ENFORCEMEN T UNDER § 3–119 OF THIS SUBTITLE 13 (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 14 (2) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO: 15 (I) FOR A FIRST OFFENSE , A WARNING; 16 (II) FOR A SECOND OFFENSE , A CIVIL PENALTY OF U P TO $500 17 PER ROOSTER ; AND 18 (III) FOR A THIRD OR SUBSE QUENT OFFENSE , A CIVIL PENALTY 19 OF UP TO $1,000 PER ROOSTER . 20 (3) THIS SECTION MAY BE E NFORCED BY: 21 (I) ANY STATE OR LOCAL LAW EN FORCEMENT OFFICER ; OR 22 (II) A LOCAL ANIMAL CONTROL AUTHORITY FOR THE 23 JURISDICTION WHERE T HE VIOLATION OCCURS . 24 (F) THE DEPARTMENT MAY WORK I N COOPERATION WITH A LOCAL ANIMAL 25 CONTROL OR LAW ENFOR CEMENT OFFICER TO EN FORCE THIS SECTION. 26 (G) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE THE 27 DEPARTMENT TO CONDUCT ADDITIONAL INSPECTIO NS BEYOND THOSE 28 INSPECTIONS REQUIRED BY LAW. 29 SENATE BILL 375 5 (H) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 1 SECTION. 2 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 October 1, 2025. 4 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.