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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
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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;
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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.
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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:
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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.
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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
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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
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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.