HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE CONCURRENT RESOLUTION NO. 156

URGING THE STATE OF MARYLAND TO ALLOW THE SALE OF CERTIFIED DELAWARE SOD IN MARYLAND.

WHEREAS, the Census of Agriculture, released by the United States Department of Agriculture every 5 years, recently found that the total number of farms in the United States has declined by over 100,000 farms; and

WHEREAS, the Census of Agriculture also found that the cost of farming has increased, leading small farms to shutdown and large farms to saturate the industry; and

WHEREAS, agriculture is an essential part of Delaware’s economy; and

WHEREAS, the State of Delaware has a responsibility to protect its farms from disappearing; and

WHEREAS, for the past 3 years Delaware sod farmers have lost an estimated 60 to 65% of their net proceeds due to the State of Maryland’s lack of reciprocity in sod sales; and

WHEREAS, Delaware sod farmers are no longer able to sell their product in Maryland due to being denied Maryland sod certification; and

WHEREAS, Delaware’s regulations regarding seed and sod quality meet Maryland’s regulations and may even exceed Maryland’s quality standards; and

WHEREAS, Maryland has previously allowed Delaware sod farmers to sell in Maryland and for their Delaware sod to be certified under Maryland’s regulations; and

WHEREAS, Delaware allows Maryland sod farmers to sell their product in the State of Delaware and compete with Delaware sod farmers for business; and

WHEREAS, since Delaware farmers, due to Maryland’s unreasonable restraint of trade are not allowed to sell their sod to Maryland consumers, they not only experience loss of sales, but also struggle with the expenses of cleaning up and discarding the unsold crop; and

WHEREAS, the neighboring states of Virginia and New Jersey have confirmed that they too have experienced significant financial losses due to not being able to sell their product in Maryland; and

WHEREAS, Delaware desires to exhaust every possible pathway to reestablish reciprocity with the State of Maryland to protect Delaware’s sod farmers and defend their interests in the wake of Maryland’s discriminatory, protectionist policy clearly in violation of the Federal Interstate Commerce Clause.

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives of the 152nd General Assembly of the State of Delaware, the Senate concurring therein, that the State of Delaware urges the State of Maryland to allow the sale of certified Delaware sod in Maryland.

SYNOPSIS

This Resolution urges the State of Maryland to allow the sale of certified Delaware sod in Maryland.