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ROBERT L. EHRLICH, JR., Governor
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Ch. 360
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percentage price preference in their purchase of food; defining certain terms;
and generally relating to a percentage price preference for the procurement of
locally grown food.
BY adding to
Article — State Finance and Procurement
Section 14-407
Annotated Code of Maryland
(2001 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Finance and Procurement
14-407.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "LOCALLY GROWN FOOD" MEANS FOOD GROWN IN THE STATE.
(3) "PERCENTAGE PRICE PREFERENCE" MEANS THE PERCENT BY WHICH
A RESPONSIVE BID FROM A RESPONSIBLE BIDDER WHOSE PRODUCT IS A LOCALLY
GROWN FOOD MAY EXCEED THE LOWEST RESPONSIVE BID SUBMITTED BY A
RESPONSIBLE BIDDER WHOSE PRODUCT IS NOT A LOCALLY GROWN FOOD.
(B) THE BOARD SHALL ADOPT REGULATIONS THAT REQUIRE STATE SCHOOLS
AND FACILITIES TO ESTABLISH A PERCENTAGE PRICE PREFERENCE, NOT TO EXCEED
5%, FOR THE PURCHASE OF LOCALLY GROWN FOOD.
(C) A PERCENTAGE PRICE PREFERENCE UNDER THIS SECTION MAY NOT BE
USED IN CONJUNCTION WITH ANY OTHER PERCENTAGE PRICE PREFERENCE
ESTABLISHED UNDER THIS TITLE.
(D) EACH STATE SCHOOL AND FACILITY SHALL REVIEW THE PROCUREMENT
SPECIFICATIONS CURRENTLY USED AND, TO THE EXTENT PRACTICABLE, REQUIRE
THE USE OF A PERCENTAGE PRICE PREFERENCE IN THEIR PURCHASE OF LOCALLY
GROWN FOOD.
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THIS
SECTION IS BROADLY APPLICABLE TO ALL PROCUREMENTS BY STATE SCHOOLS AND
FACILITIES IF THE LOCALLY GROWN FOOD IS CONSISTENT WITH THE
REQUIREMENTS OF THE BID SPECIFICATION.
(2) ONLY TO THE EXTENT NECESSARY TO PREVENT THE DENIAL OF
FEDERAL MONEYS OR ELIMINATE THE INCONSISTENCY WITH FEDERAL LAW, THIS
SECTION DOES NOT APPLY TO A PROCUREMENT BY A STATE SCHOOL OR FACILITY IF
IT IS DETERMINED THAT COMPLIANCE WITH THIS SECTION WOULD:
(I) CAUSE DENIAL OF FEDERAL MONEYS; OR
- 1883 -
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