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PARRIS N. GLENDENING, Governor
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Ch. 6
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designee to apply to a certain court for an administrative search warrant;
specifying the information that must be contained in an application for an
administrative search warrant; requiring the Attorney General of Maryland to
approve the administrative search warrant application before filing the
application with the court; requiring a judge to make certain findings prior to
issuing the administrative warrant; specifying the information that must be
contained in the administrative search warrant; requiring the administrative
search warrant to be executed and returned within a certain time period;
requiring that any information obtained pursuant to an administrative search
warrant be confidential; making this Act an emergency measure; and generally
relating to infectious and contagious diseases and administrative search
warrants.
BY adding to
Article - Agriculture
Section 3-105.1
Annotated Code of Maryland
(1999 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Agriculture
3-105.1.
(A) THE SECRETARY OR A DESIGNEE OF THE SECRETARY MAY APPLY TO A
JUDGE OF THE DISTRICT COURT OR A CIRCUIT COURT FOR AN ADMINISTRATIVE
SEARCH WARRANT TO ENTER ANY FACTORY, WAREHOUSE, VEHICLE, BUILDING,
ESTABLISHMENT, OR OTHER PREMISES TO CONDUCT ANY INSPECTION REQUIRED OR
AUTHORIZED BY LAW TO DETERMINE COMPLIANCE WITH THE PROVISIONS OF THIS
SUBTITLE RELATING TO THE REGULATION AND PREVENTION OF INFECTIOUS AND
CONTAGIOUS LIVESTOCK AND POULTRY DISEASES.
(B) (1) THE APPLICATION SHALL BE IN WRITING AND SIGNED AND SWORN
TO BY THE APPLICANT AND SHALL PARTICULARLY DESCRIBE THE PLACE,
STRUCTURE, PREMISES, VEHICLE, OR RECORDS TO BE INSPECTED AND THE NATURE,
SCOPE, AND PURPOSE OF THE INSPECTION TO BE PERFORMED BY THE APPLICANT.
(2) BEFORE THE FILING OF A SEARCH WARRANT APPLICATION WITH A
COURT, IT SHALL BE APPROVED BY THE ATTORNEY GENERAL OF MARYLAND AS TO
ITS LEGALITY IN BOTH FORM AND SUBSTANCE UNDER THE STANDARDS AND
CRITERIA OF THIS SECTION AND A STATEMENT TO THIS EFFECT SHALL BE
INCLUDED AS PART OF THE APPLICATION.
(C) A JUDGE OF A COURT REFERRED TO IN SUBSECTION (A) OF THIS SECTION
MAY ISSUE THE WARRANT ON FINDING THAT:
(1) THE APPLICANT HAS SOUGHT ACCESS TO THE PROPERTY FOR THE
PURPOSE OF MAKING AN INSPECTION;
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- 37 -
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