govt.fyi
Back to HB1395
Maryland General Assembly· HB1395Approved by the Governor - Chapter 307 (Chapter 307)

Consumer Protection - Agricultural Equipment Warranties, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Maryland General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
WES MOORE, Governor                          Ch. 307

Chapter 307

                   (House Bill 1395)

AN ACT concerning

Consumer Protection – Agricultural Equipment Warranties

FOR the purpose of requiring, for purposes of making a claim under a warranty for certain
         agricultural equipment, a consumer to provide written notice to certain parties to
         report a nonconformity, defect, or condition occurring in the agricultural equipment;
         requiring a consumer to provide an opportunity for certain parties to correct the
         nonconformity, defect, or condition; requiring certain parties to correct the
         nonconformity, defect, or condition in a certain manner; requiring certain parties to
         provide a consumer with the opportunity to replace agricultural equipment or receive
         a refund under certain circumstances; making a violation of this Act an unfair,
         abusive, or deceptive trade practice that is subject to enforcement and penalties
         under the Maryland Consumer Protection Act; and generally relating to the
         enforcement of warranties for agricultural equipment.

BY repealing and reenacting, with amendments,
         Article – Commercial Law
         Section 13–301(14)(xlvii)
         Annotated Code of Maryland
         (2025 Replacement Volume)

BY repealing and reenacting, without amendments,
         Article – Commercial Law
         Section 13–301(14)(xlviii)
         Annotated Code of Maryland
         (2025 Replacement Volume)

BY adding to
         Article – Commercial Law
         Section 13–301(14)(xlix); and 14–15A–01 through 14–15A–05 to be under the new
                  subtitle “Subtitle 15A. Agricultural Equipment Warranty Enforcement Act”
         Annotated Code of Maryland
         (2025 Replacement Volume)

BY repealing and reenacting, without amendments,
         Article – Criminal Law
         Section 6–401(b)
         Annotated Code of Maryland
         (2021 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, without amendments,
         Article – Transportation
                                                           –1–
Ch. 307               2026 LAWS OF MARYLAND

         Section 11–103.3 and 11–159
         Annotated Code of Maryland
         (2020 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                      Article – Commercial Law

13–301.

Unfair, abusive, or deceptive trade practices include any:

            (14) Violation of a provision of:

            (xlvii) Title 14, Subtitle 50 of this article; [or]

            (xlviii)  Section 13–411.1(c)(2) of the Transportation Article; or

            (XLIX)    TITLE 14, SUBTITLE 15A OF THIS ARTICLE; OR

SUBTITLE 15A. AGRICULTURAL EQUIPMENT WARRANTY ENFORCEMENT ACT.

14–15A–01.

        (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

        (B) (1) “AGRICULTURAL EQUIPMENT” MEANS ANY SELF–PROPELLED

VEHICLE DESIGNED PRIMARILY FOR AND USED IN THE OCCUPATION OR BUSINESS

OF FARMING.

            (2) “AGRICULTURAL EQUIPMENT” DOES NOT INCLUDE:

                         (I) AN OFF–ROAD VEHICLE AS DEFINED IN § 6–401(B) OF THE
CRIMINAL LAW ARTICLE;

                         (II) AN ALL–TERRAIN VEHICLE AS DEFINED IN § 11–103.3 OF
THE TRANSPORTATION ARTICLE;

                         (III) SPECIAL MOBILE EQUIPMENT AS DEFINED IN § 11–159 OF
THE TRANSPORTATION ARTICLE;

            (IV) EQUIPMENT UNDER 25 HORSEPOWER;
                                            –2–
WES MOORE, Governor  Ch. 307

                         (V) A LAWN TRACTOR; OR

                         (VI) A LAWN MOWER.

        (C) “CONSUMER” MEANS:

                (1) THE PURCHASER OF NEW AGRICULTURAL EQUIPMENT OTHER
THAN FOR PURPOSES OF RESALE;

                (2) A PERSON TO WHOM NEW AGRICULTURAL EQUIPMENT IS

TRANSFERRED DURING THE DURATION OF THE WARRANTY APPLICABLE TO THE

AGRICULTURAL EQUIPMENT; OR

                (3) ANY OTHER PERSON WHO IS ENTITLED TO ENFORCE THE
OBLIGATIONS OF THE WARRANTY.

        (D) “MANUFACTURER, FACTORY BRANCH, OR AUTHORIZED DEALER”
MEANS A PERSON ENGAGED IN THE BUSINESS OF MANUFACTURING, ASSEMBLING,
OR DEALING AGRICULTURAL EQUIPMENT, AS APPLICABLE.

        (E) “SEASON OF USE” MEANS ANY PERIOD WHEN THE AGRICULTURAL

EQUIPMENT IS ACTIVELY EMPLOYED IN THE ROUTINE OPERATIONS OF A FARMING

BUSINESS.

        (F) “WARRANTY” INCLUDES A WARRANTY AS DESCRIBED IN §§ 2–312
THROUGH 2–315 OF THIS ARTICLE, AS APPLICABLE.

        (G) “WARRANTY PERIOD” MEANS THE LATER OF:

                (1) THE PERIOD OF TIME STATED UNDER THE TERMS OF AN EXPRESS
WRITTEN WARRANTY; OR

                (2) THE FIRST YEAR IMMEDIATELY FOLLOWING THE ORIGINAL DATE
OF DELIVERY OF THE EQUIPMENT TO THE FIRST CONSUMER.

14–15A–02.

        THIS SUBTITLE APPLIES ONLY TO AGRICULTURAL EQUIPMENT SOLD ON OR
AFTER JANUARY 1, 2026.

14–5A–03.

                                                           –3–
Ch. 307  2026 LAWS OF MARYLAND

        (A) (1) (I) IF AGRICULTURAL EQUIPMENT DOES NOT CONFORM TO ALL
APPLICABLE WARRANTIES DURING THE WARRANTY PERIOD, THE CONSUMER,
DURING THE WARRANTY PERIOD, SHALL REPORT THE NONCONFORMITY, DEFECT,

OR CONDITION BY PROVIDING WRITTEN NOTICE TO THE MANUFACTURER OR

FACTORY BRANCH BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.

                         (II) IT SHALL BE THE DUTY OF A DEALER TO NOTIFY THE
MANUFACTURER OF ANY NOTICE RECEIVED UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH.

                (2) THE CONSUMER SHALL PROVIDE AN OPPORTUNITY FOR THE

MANUFACTURER OR FACTORY BRANCH OR ITS AGENT OR DEALER TO CORRECT THE

NONCONFORMITY, DEFECT, OR CONDITION.

                (3) THE MANUFACTURER OR FACTORY BRANCH, ITS AGENT, OR ITS
AUTHORIZED DEALER SHALL CORRECT THE NONCONFORMITY, DEFECT, OR
CONDITION:

                         (I) AT NO CHARGE TO THE CONSUMER REGARDLESS OF

WHETHER THE REPAIRS ARE MADE AFTER THE EXPIRATION OF THE WARRANTY

PERIOD; AND

                         (II) WITHIN 30 DAYS AFTER THE MANUFACTURER’S OR
FACTORY DEALER’S RECEIPT OF THE CONSUMER’S NOTIFICATION OF THE
NONCONFORMITY, DEFECT, OR CONDITION UNDER PARAGRAPH (1) OF THIS
SUBSECTION.

        (B) (1) SUBJECT TO SUBSECTION (C) OF THIS SECTION, IF, AFTER A
REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER OR FACTORY BRANCH,
ITS AGENT, OR ITS AUTHORIZED DEALER IS UNABLE TO REPAIR OR CORRECT ANY

DEFECT OR CONDITION THAT SUBSTANTIALLY IMPAIRS THE USE AND MARKET

VALUE OF THE AGRICULTURAL EQUIPMENT TO THE CONSUMER, THE
MANUFACTURER OR FACTORY BRANCH, AT THE OPTION OF THE CONSUMER, SHALL:

                         (I) REPLACE THE AGRICULTURAL EQUIPMENT WITH

COMPARABLE AGRICULTURAL EQUIPMENT THAT IS ACCEPTABLE TO THE

CONSUMER; OR

                         (II) ACCEPT RETURN OF THE AGRICULTURAL EQUIPMENT

FROM THE CONSUMER AND REFUND TO THE CONSUMER THE FULL PURCHASE

PRICE, INCLUDING ALL LICENSE FEES, REGISTRATION FEES, AND ANY SIMILAR
GOVERNMENTAL CHARGES, LESS A REASONABLE ALLOWANCE FOR:

         –4–
WES MOORE, Governor  Ch. 307

                                 1. THE CONSUMER’S USE OF THE EQUIPMENT; AND

                                 2. DAMAGE THAT IS NOT ATTRIBUTABLE TO NORMAL
WEAR OR A NONCONFORMITY, DEFECT, OR CONDITION.

                (2) THE MANUFACTURER OR FACTORY BRANCH SHALL MAKE
REFUNDS UNDER PARAGRAPH (1) OF THIS SUBSECTION TO THE CONSUMER AND
LIENHOLDER, IF ANY, AS THE INTERESTS OF THE CONSUMER AND LIENHOLDER, IF
ANY, APPEAR.

                (3) IT IS AN AFFIRMATIVE DEFENSE TO A CLAIM UNDER PARAGRAPH
(1) OF THIS SUBSECTION THAT THE NONCONFORMITY, DEFECT, OR CONDITION:

                         (I) DOES NOT SUBSTANTIALLY IMPAIR THE USE AND MARKET
VALUE OF THE AGRICULTURAL EQUIPMENT; OR

                         (II) IS THE RESULT OF ABUSE, NEGLECT, OR UNAUTHORIZED
MODIFICATIONS OR ALTERATIONS OF THE AGRICULTURAL EQUIPMENT.

        (C) (1) IT SHALL BE PRESUMED THAT A REASONABLE NUMBER OF

ATTEMPTS HAVE BEEN MADE TO CONFORM AGRICULTURAL EQUIPMENT TO THE

APPLICABLE WARRANTIES IF:

                         (I) THE SAME NONCONFORMITY, DEFECT, OR CONDITION HAS

BEEN SUBJECT TO REPAIR FOUR OR MORE TIMES BY THE MANUFACTURER OR
FACTORY BRANCH OR ITS AGENTS OR AUTHORIZED DEALERS WITHIN THE

WARRANTY PERIOD, BUT THE NONCONFORMITY, DEFECT, OR CONDITION
CONTINUES TO EXIST; OR

                         (II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE

AGRICULTURAL EQUIPMENT IS OUT OF SERVICE DURING THE SEASON OF USE FOR A

CUMULATIVE TOTAL OF 30 OR MORE CALENDAR DAYS DURING THE WARRANTY

PERIOD DUE TO THE REPAIR OR ATTEMPTED REPAIR OF ONE OR MORE

NONCONFORMITIES, DEFECTS, OR CONDITIONS.

                (2) THE 30–DAY PERIOD DESCRIBED UNDER PARAGRAPH (1)(II) OF

THIS SUBSECTION DOES NOT INCLUDE A DAY ON WHICH A CONSUMER HAS BEEN
OFFERED OR PROVIDED BY A MANUFACTURER OR FACTORY BRANCH OR ITS
AUTHORIZED DEALERS THE USE OF OTHER AGRICULTURAL EQUIPMENT THAT

PERFORMS THE SAME FUNCTION AS THE CONSUMER’S AGRICULTURAL EQUIPMENT
BEING REPAIRED.

                                                           –5–
Ch. 307  2026 LAWS OF MARYLAND

        (D) THE TERM OF A WARRANTY, THE WARRANTY PERIOD, AND THE 30–DAY
OUT–OF–SERVICE PERIOD DESCRIBED UNDER SUBSECTION (C)(1)(II) OF THIS

SECTION SHALL BE EXTENDED BY ANY TIME DURING WHICH REPAIR SERVICES ARE

NOT AVAILABLE TO THE CONSUMER BY REASON OF WAR, INVASION, STRIKE, OR
FIRE, FLOOD, OR OTHER NATURAL DISASTER.

        (E) THE PRESUMPTION DESCRIBED UNDER SUBSECTION (C) OF THIS

SECTION DOES NOT APPLY AGAINST A MANUFACTURER IF A CONSUMER HAS NOT

PROVIDED:

                (1) PRIOR DIRECT WRITTEN NOTIFICATION IN ACCORDANCE WITH
SUBSECTION (A)(1) OF THIS SECTION; AND

                (2) THE OPPORTUNITY TO CORRECT THE ALLEGED
NONCONFORMITY, DEFECT, OR CONDITION IN ACCORDANCE WITH SUBSECTION
(A)(2) OF THIS SECTION.

        (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A CONSUMER

WHO SUFFERS A LOSS BECAUSE OF A VIOLATION OF A PROVISION OF THIS SECTION

MAY BRING A CIVIL ACTION TO ENFORCE THE PROVISION.

                (2) AN ACTION BROUGHT UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL BE COMMENCED NOT LATER THAN:

                         (I) 6 MONTHS AFTER THE EARLIER OF 600 HOURS OF
OPERATION OR THE EXPIRATION OF THE EXPRESSLY WRITTEN WARRANTY TERM; OR

                         (II) 24 MONTHS AFTER THE EARLIER OF 600 HOURS OF

OPERATION OR THE DATE OF ORIGINAL DELIVERY OF THE AGRICULTURAL

EQUIPMENT TO THE CONSUMER.

14–15A–04.

        THIS SUBTITLE MAY NOT BE CONSTRUED TO LIMIT OR IMPAIR A RIGHT OR
REMEDY THAT IS OTHERWISE AVAILABLE TO A CONSUMER UNDER ANY OTHER LAW.

14–15A–05.

        (A) A VIOLATION OF THIS SUBTITLE IS:

                (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND

         –6–
               WES MOORE, Governor                                   Ch. 307

                (2) SUBJECT TO THE PENALTY AND ENFORCEMENT PROVISIONS
CONTAINED IN TITLE 13 OF THIS ARTICLE.

        (B) IN ADDITION TO ANY OTHER REMEDIES THAT MAY BE AVAILABLE UNDER
THIS SUBTITLE, IF A MANUFACTURER OR FACTORY BRANCH OR ITS AGENT OR
AUTHORIZED DISTRIBUTOR IS FOUND TO HAVE ACTED IN BAD FAITH, THE COURT
MAY AWARD THE CONSUMER DAMAGES UP TO $10,000 $5,000.

               Article – Criminal Law

6–401.

         (b) (1) “Off–road vehicle” means a motorized vehicle designed for or capable of
cross–country travel on or immediately over land, water, snow, ice, marsh, swampland, or
other natural terrain.

           (2) “Off–road vehicle” includes:

               (i) a four–wheel drive or low–pressure–tire vehicle;

               (ii) a motorcycle or a related two–wheel vehicle;

               (iii) an amphibious machine;

               (iv) a ground–effect vehicle; and

               (v) an air–cushion vehicle.

               Article – Transportation

11–103.3.

“All–terrain vehicle” means a motor vehicle that:

           (1) (i) Is designed for off–highway use;

               (ii) Operates on at least three low–pressure tires;

               (iii) Has a seat or saddle designed to be straddled by the operator;

               (iv) Has handlebars for steering;

               (v) Is intended by the manufacturer to be operated by a single

operator; and

               –7–
Ch. 307  2026 LAWS OF MARYLAND

                           (vi) May be designed to carry one passenger; or

                  (2) (i) Is designed for off–highway use;

                           (ii) Operates on four or more low–pressure tires;

                           (iii) Has a bench or bucket–style seating; and

                           (iv) Has a steering wheel for steering.

11–159.

         (a) “Special mobile equipment” means, except as provided in subsection (c) of this
section, a vehicle that:

                  (1) Is not used primarily for highway transportation of people or property;
and

                  (2) Is operated or moved on a highway only as an incident to its
nonhighway use.

         (b) “Special mobile equipment” includes a road construction or maintenance
machine, mobile crane, ditchdigger, well driller, concrete mixer, jobsite office vehicle, or
portable power generator.

         (c) “Special mobile equipment” does not include a farm tractor or any farm
equipment.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, April 28, 2026.

         –8–
Every fact on this page links to its source, starting with the official bill record.