Agribusiness Regulations

Starting a farm or adding a new farm enterprise can be an enjoyable and attractive business decision. This factsheet lists contacts and resources to explore as you consider a new or expanding farm enterprise. Resources from government agencies and organizations provide production information vital for starting and operating a successful farm business. Author: Shannon Dill; Title: Starting a Farm Enterprise in Maryland (EBR-2022-0648)

This report breaks down the necessary steps to develop your product and bring it to market in accordance with Maryland Department of Health and Mental Hygiene's regulations and recommendations. The author discusses the legal aspects of operating a specialty food processing business in Maryland, including obtaining the necessary license and complying with regulations of the Federal Food, Drug and Cosmetic Act and Fair Packaging and Labeling Act. The 30-page report also provides detailed information on the many requirements for business operation, including proper labeling, obtaining UPC codes, working with a co-packer, and acquiring the correct equipment.

The issue of farm data has been a contentious point of debate with respect to ownership rights and impacts when access rights are misappropriated. One of the leading questions farmers ask deals with the protections provided to farm data. Although no specific laws or precedence exists, the possibility of trade secret is examined and ramifications for damages discussed. Farm management examples are provided to emphasize the potential outcomes of each possible recourse for misappropriating farm data. Authors: Ashley C. Ellixson and Terry Griffin; Title: Farm Data: Ownership and Protections (FS-1055)

Many individuals moving into agricultural areas in Maryland have no farm backgrounds and little understanding of agricultural operations. The same is true of commercial fishing and seafood operations in Maryland. Once there, the new residents may find the noises, insects, farm equipment on the roads, smells, and other characteristics of agricultural and commercial seafood life unexpected and objectionable. While neighbors should consider working together and developing open lines of communication to find solutions, in some cases, this cooperative approach may not work. In response, Maryland introduced a Right-to-Farm (RTF) law in 1981. All 50 states have RTF laws which typically shield agricultural activities from complaining nonfarm neighbors by limiting the scope of and providing a defense for nuisance actions brought against farms and other agricultural operations. In 2014, Maryland extended these protections to commercial seafood operations and watermen. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators by Goeringer and Lynch (FS-973, Published 2017) educates producers on the issues associated with Maryland's Right-to-Farm law.