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WES MOORE, Governor Ch. 249
Chapter 249
(Senate Bill 599)
AN ACT concerning
On–Farm Organics and Wasted Food Reduction and Diversion and Recycling
Grant
Programs Program – Established
FOR the purpose of establishing the On–Farm Organics Diversion and Recycling Grant
Program in the Department of Agriculture to award grants to eligible entities to
develop and implement on–farm organics recycling and compost use, wasted food
prevention, and food rescue; establishing the Wasted Food Reduction and Diversion
Grant Program and the County Wasted Food Reduction Block Grant Program in the
Department of the Environment to award grants and fund certain projects for
infrastructure, programs, and education that reduce, rescue, and divert wasted food
in the State and certain counties; and generally relating to wasted food reduction
and diversion on–farm organics recycling and compost use, wasted food prevention,
and food rescue in the State.
BY adding to
Article – Agriculture
Section 2–109
Annotated Code of Maryland
(2016 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
Article – Agriculture
Section 2–401(a)(1) and (3) and 2–2001(a), (f), and (g)
Annotated Code of Maryland
(2016 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
Article – Environment
Section 1–701(a)(1), (7), and (8)
Annotated Code of Maryland
(2013 Replacement Volume and 2025 Supplement)
BY adding to
Article – Environment
Section 9–1725.1 and 9–1725.2
Annotated Code of Maryland
(2014 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
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Ch. 249 2026 LAWS OF MARYLAND
Article – Agriculture
2–109.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “GRANT PROGRAM” MEANS THE ON–FARM ORGANICS
DIVERSION AND RECYCLING GRANT PROGRAM.
(3) “URBAN AGRICULTURAL PRODUCER” HAS THE MEANING STATED
IN § 2–2001 OF THIS TITLE.
(4) “URBAN FARMER” HAS THE MEANING STATED IN § 2–401 OF THIS
TITLE.
(B) BEGINNING JULY 1, 2028, THERE IS AN ON–FARM ORGANICS
DIVERSION AND RECYCLING GRANT PROGRAM IN THE DEPARTMENT.
(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD GRANTS
ANNUALLY FOR DEVELOPING AND IMPLEMENTING ON–FARM ORGANICS RECYCLING
AND COMPOST USE, WASTED FOOD PREVENTION, AND FOOD RESCUE.
(D) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF THE
ENVIRONMENT, SHALL:
(1) ADMINISTER THE GRANT PROGRAM; AND
(2) IDENTIFY AND APPLY FOR FUNDING FOR THE GRANT PROGRAM.
(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A GRANT UNDER THE
GRANT PROGRAM:
(1) A FARMER, AN URBAN FARMER, OR AN URBAN AGRICULTURAL
PRODUCER;
(2) A SOIL CONSERVATION DISTRICT;
(3) AN INSTITUTION OF HIGHER EDUCATION AS DEFINED IN § 10–101
OF THE EDUCATION ARTICLE;
(4) A NONPROFIT ORGANIZATION;
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WES MOORE, Governor Ch. 249
(5) A BUSINESS IN THE STATE THAT IS IN:
(I) GOOD STANDING WITH THE STATE DEPARTMENT OF
ASSESSMENTS AND TAXATION; AND
(II) PARTNERSHIP WITH A FARMER, AN URBAN FARMER, OR AN
URBAN AGRICULTURAL PRODUCER; AND
(6) A CONSORTIUM OF ANY ENTITIES UNDER THIS SUBSECTION.
(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER THE GRANT PROGRAM IF
THE PROJECT DEVELOPS, MAINTAINS, OR EXPANDS INFRASTRUCTURE, COLLECTION
PROGRAMS, EDUCATION, OR TECHNICAL ASSISTANCE IN THE STATE THAT:
(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATED;
(2) RESCUES EDIBLE FOOD FOR PURPOSES OF REDISTRIBUTION;
(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF THE FEED IS
REGISTERED AND TREATED IN ACCORDANCE WITH REGULATIONS IMPLEMENTED BY
THE DEPARTMENT;
(4) COMPOSTS OR RECYCLES FOOD RESIDUALS THAT ARE
SEPARATED FROM PACKAGING PRIOR TO COLLECTION, INCLUDING AT–HOME,
COMMUNITY, AND ON–FARM COMPOSTING;
(5) PROVIDES LABOR AND WAGES IN SUPPORT OF WASTED FOOD
PREVENTION, FOOD RESCUE, AND ON–FARM ORGANICS RECYCLING AND COMPOST
USE;
(6) PROVIDES BEST MANAGEMENT PRACTICE TRAINING IN
RELEVANT FIELDS BY A REPUTABLE TRAINING PROGRAM;
(7) STUDIES THE IMPACTS OF COMPOST APPLICATION ON ON–FARM
NUTRIENT AND WATER QUALITY MANAGEMENT; OR
(8) ASSISTS IN THE PAYMENT OF APPLICABLE PERMIT APPLICATION
COSTS.
(G) IN AWARDING GRANTS UNDER THE GRANT PROGRAM, THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF THE ENVIRONMENT,
SHALL PRIORITIZE PROJECTS:
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Ch. 249 2026 LAWS OF MARYLAND
(1) FOR WHICH THE APPLICANT CLEARLY DESCRIBES HOW THE
PROJECT WILL:
(I) PROVIDE DIRECT, MEANINGFUL, AND ASSURED BENEFITS
TO THE COMMUNITY; AND
(II) ADDRESS IMPORTANT COMMUNITY NEEDS;
(2) THAT PREVENT, RESCUE, AND DIVERT WASTED FOOD WITHIN A
LOCAL COMMUNITY;
(3) THAT PLAN TO PRODUCE COMPOST THAT MEETS THE
CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05;
(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINATED COMPOST
THROUGH:
(I) PROCESSING ORGANIC MATERIALS THAT ARE SEPARATED
FROM PACKAGING PRIOR TO COLLECTION;
(II) NOT USING DEPACKAGERS; AND
(III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF
TESTING ASSURANCE;
(5) THAT SERVE AN OVERBURDENED OR UNDERSERVED COMMUNITY
AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE;
(6) THAT MINIMIZE NEGATIVE IMPACTS TO THE LOCAL COMMUNITY;
AND
(7) THAT MAXIMIZE BENEFITS TO THE LOCAL COMMUNITY,
INCLUDING:
(I) THE CREATION OF JOBS;
(II) INCREASING JOB TRAINING; AND
(III) INCREASING HIRING AND LEADERSHIP DEVELOPMENT
PRACTICES THAT ARE INCLUSIVE AND PROVIDE A LIVING WAGE.
(H) AN ELIGIBLE PERSON THAT RECEIVES A GRANT UNDER THE GRANT
PROGRAM MAY NOT RECEIVE A GRANT UNDER THE WASTED FOOD REDUCTION AND
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WES MOORE, Governor Ch. 249
DIVERSION GRANT PROGRAM UNDER § 9–1725.1 OF THE ENVIRONMENT ARTICLE
IN THE SAME CALENDAR YEAR.
(H) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR THEREAFTER, THE
GOVERNOR SHALL INCLUDE IN THE ANNUAL BUDGET BILL AN APPROPRIATION OF
$250,000 TO THE GRANT PROGRAM.
(I) ON OR BEFORE DECEMBER 31, 2028, AND EACH DECEMBER 31
THEREAFTER, THE DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY, IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON:
(1) THE NUMBER AND TYPES OF GRANTS AWARDED;
(2) THE IMPACT OF THE GRANTS ON THE CREATION OF JOBS AND
OTHER BENEFITS TO THE STATE;
(3) THE IMPACT ON FOOD WASTE PREVENTED, RESCUED, AND
DIVERTED FROM DISPOSAL; AND
(4) THE IMPACT ON FARMERS, URBAN FARMERS, AND URBAN
AGRICULTURAL PRODUCERS IN THE STATE.
2–401.
(a) (1) In this section the following words have the meanings indicated.
(3) “Urban farmer” means an individual who farms in an urban area.
2–2001.
(a) In this subtitle the following words have the meanings indicated.
(f) “Urban agricultural producer” means any person that annually sells, or
normally would have sold, $1,000 or more of farm products in an urban area.
(g) “Urban area” means an area of the State that is:
(1) Delineated as an urban area by the U.S. Census Bureau; or
(2) Within the boundaries of a municipal corporation.
Article – Environment
1–701.
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Ch. 249 2026 LAWS OF MARYLAND
(a) (1) In this section the following words have the meanings indicated.
(7) “Overburdened community” means any census tract for which three or
more of the following environmental health indicators are above the 75th percentile
statewide:
(i) Particulate matter (PM) 2.5;
(ii) Ozone;
(iii) National Air Toxics Assessment (NATA) diesel PM;
(iv) NATA cancer risk;
(v) NATA respiratory hazard index;
(vi) Traffic proximity;
(vii) Lead paint indicator;
(viii) National Priorities List Superfund site proximity;
(ix) Risk Management Plan facility proximity;
(x) Hazardous waste proximity;
(xi) Wastewater discharge indicator;
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO);
(xiii) Percent of the population lacking broadband coverage;
(xiv) Asthma emergency room discharges;
(xv) Myocardial infarction discharges;
(xvi) Low–birth–weight infants;
(xvii) Proximity to emitting power plants;
(xviii) Proximity to a Toxic Release Inventory (TRI) facility;
(xix) Proximity to a brownfields site;
(xx) Proximity to mining operations; and
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WES MOORE, Governor Ch. 249
(xxi) Proximity to a hazardous waste landfill.
(8) “Underserved community” means any census tract in which, according
to the most recent U.S. Census Bureau Survey:
(i) At least 25% of the residents qualify as low–income;
(ii) At least 50% of the residents identify as nonwhite; or
(iii) At least 15% of the residents have limited English proficiency.
9–1725.1.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “GRANT PROGRAM” MEANS THE WASTED FOOD REDUCTION AND
DIVERSION GRANT PROGRAM.
(3) “OVERBURDENED COMMUNITY” HAS THE MEANING STATED IN §
1–701 OF THIS ARTICLE.
(4) “UNDERSERVED COMMUNITY” HAS THE MEANING STATED IN §
1–701 OF THIS ARTICLE.
(5) “URBAN AGRICULTURAL PRODUCER” HAS THE MEANING STATED
IN § 2–2001 OF THE AGRICULTURE ARTICLE.
(6) “URBAN FARMER” HAS THE MEANING STATED IN § 2–401 OF THE
AGRICULTURE ARTICLE.
(B) BEGINNING JULY 1, 2028, THERE IS A WASTED FOOD REDUCTION AND
DIVERSION GRANT PROGRAM IN THE DEPARTMENT.
(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD GRANTS
ANNUALLY FOR INFRASTRUCTURE, PROGRAMS, AND EDUCATION THAT REDUCE,
RESCUE, AND DIVERT WASTED FOOD IN THE STATE.
(D) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
AGRICULTURE, SHALL:
(1) ADMINISTER THE GRANT PROGRAM; AND
(2) IDENTIFY AND APPLY FOR FUNDING FOR THE GRANT PROGRAM.
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Ch. 249 2026 LAWS OF MARYLAND
(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A GRANT UNDER THE
GRANT PROGRAM:
(1) A UNIT OF STATE OR LOCAL GOVERNMENT;
(2) A LOCAL EDUCATION AGENCY;
(3) AN INSTITUTION OF HIGHER EDUCATION AS DEFINED IN § 10–101
OF THE EDUCATION ARTICLE;
(4) A NONPROFIT ORGANIZATION;
(5) A FARMER, AN URBAN FARMER, OR AN URBAN AGRICULTURAL
PRODUCER;
(6) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH THE
STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND
(7) A CONSORTIUM OF ANY ENTITIES UNDER THIS SUBSECTION.
(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER THE GRANT PROGRAM IF
THE PROJECT DEVELOPS, MAINTAINS, OR EXPANDS INFRASTRUCTURE, COLLECTION
PROGRAMS, EDUCATION, OR TECHNICAL ASSISTANCE IN THE STATE THAT:
(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATED;
(2) RESCUES EDIBLE FOOD FOR PURPOSES OF REDISTRIBUTION;
(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF THE FEED IS
REGISTERED AND TREATED IN ACCORDANCE WITH REGULATIONS IMPLEMENTED BY
THE DEPARTMENT OF AGRICULTURE;
(4) COMPOSTS OR RECYCLES FOOD RESIDUALS THAT ARE
SEPARATED FROM PACKAGING PRIOR TO COLLECTION, INCLUDING AT–HOME,
COMMUNITY, AND ON–FARM COMPOSTING; OR
(5) TRANSITIONS FROM SINGLE–USE FOOD SERVICEWARE TO
DURABLE AND REUSABLE FOOD SERVICEWARE.
(G) IN AWARDING GRANTS UNDER THE GRANT PROGRAM, THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE,
SHALL PRIORITIZE PROJECTS:
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WES MOORE, Governor Ch. 249
(1) FOR WHICH THE APPLICANT CLEARLY DESCRIBES HOW THE
PROJECT WILL:
(I) PROVIDE DIRECT, MEANINGFUL, AND ASSURED BENEFITS
TO THE COMMUNITY; AND
(II) ADDRESS IMPORTANT COMMUNITY NEEDS;
(2) THAT PREVENT, RESCUE, AND DIVERT WASTED FOOD WITHIN A
LOCAL COMMUNITY;
(3) THAT PLAN TO PRODUCE COMPOST THAT MEETS THE
CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05;
(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINATED COMPOST
THROUGH:
(I) PROCESSING ORGANIC MATERIALS THAT ARE SEPARATED
FROM PACKAGING PRIOR TO COLLECTION;
(II) NOT USING DEPACKAGERS; AND
(III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF
TESTING ASSURANCE;
(5) THAT SERVE AN OVERBURDENED OR UNDERSERVED COMMUNITY;
(6) THAT MINIMIZE NEGATIVE IMPACTS TO THE LOCAL COMMUNITY;
AND
(7) THAT MAXIMIZE BENEFITS TO THE LOCAL COMMUNITY,
INCLUDING:
(I) THE CREATION OF JOBS;
(II) INCREASING JOB TRAINING; AND
(III) INCREASING HIRING AND LEADERSHIP DEVELOPMENT
PRACTICES THAT ARE INCLUSIVE AND PROVIDE A LIVING WAGE.
(H) AN ELIGIBLE PERSON THAT RECEIVES A GRANT UNDER THE GRANT
PROGRAM MAY NOT RECEIVE A GRANT UNDER THE ON–FARM ORGANICS
DIVERSION AND RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE
AGRICULTURE ARTICLE IN THE SAME CALENDAR YEAR.
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Ch. 249 2026 LAWS OF MARYLAND
(I) (1) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT
OF AGRICULTURE, SHALL ADOPT REGULATIONS TO IMPLEMENT THIS SECTION.
(2) REGULATIONS ADOPTED UNDER THIS SUBSECTION SHALL
INCLUDE:
(I) A SIMPLE COMMON APPLICATION PROCEDURE; AND
(II) FOR ELIGIBLE ENTITIES, A PROCESS TO FACILITATE THE
PARTICIPATION OF ELIGIBLE ENTITIES THAT HAVE LIMITED RESOURCES OR
LANGUAGE BARRIERS.
(J) ON OR BEFORE DECEMBER 31, 2028, AND EACH DECEMBER 31
THEREAFTER, THE DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY, IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON:
(1) THE NUMBER AND TYPES OF GRANTS AWARDED;
(2) THE IMPACT OF THE GRANTS ON THE CREATION OF JOBS AND
OTHER BENEFITS TO THE STATE;
(3) THE IMPACT ON WASTED FOOD PREVENTED, RESCUED, AND
DIVERTED FROM DISPOSAL; AND
(4) THE IMPACT ON FARMERS, URBAN FARMERS, AND URBAN
AGRICULTURAL PRODUCERS IN THE STATE.
9–1725.2.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “GRANT PROGRAM” MEANS THE COUNTY WASTED FOOD
REDUCTION BLOCK GRANT PROGRAM.
(3) “OVERBURDENED COMMUNITY” HAS THE MEANING STATED IN §
1–701 OF THIS ARTICLE.
(4) “UNDERSERVED COMMUNITY” HAS THE MEANING STATED IN §
1–701 OF THIS ARTICLE.
(5) “URBAN AGRICULTURAL PRODUCER” HAS THE MEANING STATED
IN § 2–2001 OF THE AGRICULTURE ARTICLE.
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WES MOORE, Governor Ch. 249
(6) “URBAN FARMER” HAS THE MEANING STATED IN § 2–401 OF THE
AGRICULTURE ARTICLE.
(B) BEGINNING JULY 1, 2028, THERE IS A COUNTY WASTED FOOD
REDUCTION BLOCK GRANT PROGRAM IN THE DEPARTMENT.
(C) (1) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD GRANTS TO
COUNTIES ANNUALLY IN AMOUNTS PROPORTIONAL TO EACH COUNTY’S
POPULATION.
(2) FUNDS RECEIVED BY A COUNTY UNDER THIS SUBSECTION SHALL
FUND PROJECTS TO DEVELOP, MAINTAIN, OR EXPAND INFRASTRUCTURE,
PROGRAMS, AND EDUCATION THAT REDUCE, RESCUE, AND DIVERT WASTED FOOD IN
THE COUNTY.
(D) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
AGRICULTURE, SHALL:
(1) ADMINISTER THE GRANT PROGRAM; AND
(2) IDENTIFY AND APPLY FOR FUNDING FOR THE GRANT PROGRAM.
(E) IN FUNDING PROJECTS UNDER THE GRANT PROGRAM, A COUNTY SHALL
PRIORITIZE PROJECTS THAT:
(1) PROVIDE DIRECT, MEANINGFUL, AND ASSURED BENEFITS TO THE
COMMUNITY;
(2) ADDRESS IMPORTANT COMMUNITY NEEDS;
(3) PREVENT, RESCUE, AND DIVERT WASTED FOOD WITHIN A LOCAL
COMMUNITY;
(4) PLAN TO PRODUCE COMPOST THAT MEETS THE CLASSIFICATION
OF “GENERAL USE” UNDER COMAR 15.18.04.05;
(5) PLAN TO PRODUCE MINIMALLY CONTAMINATED COMPOST
THROUGH:
(I) PROCESSING ORGANIC MATERIALS THAT ARE SEPARATED
FROM PACKAGING PRIOR TO COLLECTION;
(II) NOT USING DEPACKAGERS; AND
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Ch. 249 2026 LAWS OF MARYLAND
(III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF
TESTING ASSURANCE;
(6) SERVE AN OVERBURDENED OR UNDERSERVED COMMUNITY;
(7) MINIMIZE NEGATIVE IMPACTS TO THE LOCAL COMMUNITY; AND
(8) MAXIMIZE BENEFITS TO THE LOCAL COMMUNITY, INCLUDING:
(I) THE CREATION OF JOBS;
(II) INCREASING JOB TRAINING; AND
(III) INCREASING HIRING AND LEADERSHIP DEVELOPMENT
PRACTICES THAT ARE INCLUSIVE AND PROVIDE A LIVING WAGE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, April 28, 2026.
– 12 –Every fact on this page links to its source, starting with the official bill record.