Section 10-201 - Definitions.
§ 10-201. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection is new language derived without substantive change from the first sentence of former Art. 41, § 13-104.
The former phrase "and terms listed in this section and used in their place" is deleted as unnecessary.
The former phrase "unless the context shall indicate another or different meaning or intent" is deleted as a standard rule of statutory construction for defined terms.
(b) Authority.- "Authority" means the Maryland Food Center Authority.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 41, § 13-104(1).
(c) Bond.- "Bond" means a bond, note, or any other obligation issued under this subtitle.
Revisor's Note.
This subsection is new language added to avoid repetition of the phrase "bond, note, or other obligation" and for consistency within this title.
(d) Center.- "Center" means the Maryland Food Center.
Revisor's Note.
This subsection formerly was Art. 41, § 13-104(2).
No changes are made.
(e) Costs.- "Costs", with respect to a development or project, means:
(1) the purchase price;
(2) the cost of any property, right, easement, and franchise considered necessary to construct and establish a development or project;
(3) the cost of relocation of wholesale food dealers or tenants under § 10-212 of this subtitle;
(4) the cost of labor, materials, and equipment, including expenses of relocating public utility facilities under § 10-210 of this subtitle;
(5) financing charges;
(6) interest before and during construction;
(7) the cost of revenue and cost estimates, engineering, architectural, and legal services, plans, specifications, surveys, and other expenses necessary or incident to determining the feasibility or practicability of the construction of a development or project;
(8) administrative expenses; and
(9) other expenses necessary or incident to:
(i) the financing of a development or project;
(ii) constructing and establishing a development or project; and
(iii) placing a development or project into operation.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 41, § 13-104(3).
In item (4) of this subsection, the former reference to "machinery" is deleted as redundant of the reference to "equipment".
In item (7) of this subsection, the reference to the construction "of a development or project" is added for clarity.
Defined Terms.
"Development" § 10-201
"Project" § 10-201
(f) Development.- "Development" means:
(1) the Center;
(2) a commercial seafood development; and
(3) any other multiproject food-related or agriculturally related real estate development that the Authority undertakes to further the purposes of this subtitle.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 41, § 13-104(5).
Defined Terms.
"Authority" § 10-201
"Center" § 10-201
"Food" § 10-201
(g) Food.-
(1) "Food" means agricultural and other edible food products and floricultural and horticultural products.
(2) "Food" includes the following:
(i) butter;
(ii) cheese;
(iii) eggs;
(iv) fruits;
(v) meats;
(vi) meat products;
(vii) poultry;
(viii) seafood; and
(ix) vegetables.
(3) "Food" may be in packaged or fresh form.
(4) "Food" shall be liberally construed.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 41, § 13-104(6).
In the introductory language of paragraph (2) of this subsection, the former phrase "but not limited to" is deleted as unnecessary in light of Art. 1, § 30, which provides that the term "including" is used "by way of illustration, and not by way of limitation".
(h) Improve.- "Improve" means to add, alter, construct, equip, expand, extend, improve, install, reconstruct, rehabilitate, remodel, or repair.
Revisor's Note.
This subsection is new language added for brevity and clarity.
(i) Improvement.- "Improvement" means addition, alteration, construction, equipping, expansion, extension, improvement, installation, reconstruction, rehabilitation, remodeling, or repair.
Revisor's Note.
This subsection is new language added for brevity and clarity.
(j) Project.-
(1) "Project" means a facility, operation, or portion of a development that the Authority undertakes to further the purposes of this subtitle.
(2) "Project" includes:
(i) 1. a market;
2. a food handling, processing, storage, or distribution facility; and
3. a commercial seafood facility or operation;
(ii) a facility or service ancillary or appurtenant to a development or a project that the Authority determines will enhance the public convenience or attractiveness of the development or project, including:
1. a bank;
2. a parking or other transportation facility;
3. a restaurant;
4. a store; and
5. any other commercial enterprise;
(iii) land, structures, equipment, furnishings, rail or motor vehicles, barges, and boats in a development or project;
(iv) property and rights in a development or project; and
(v) land and facilities that are functionally related to a development or project.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 41, § 13-104(7)(i) and (ii).
In the introductory language of paragraph (2) of this subsection, the former phrase "without limitation" is deleted as unnecessary in light of Art. 1, § 30, which provides that the term "including" is used "by way of illustration, and not by way of limitation".
In paragraph (2)(ii) of this subsection, the word "will" is substituted for the former phrase "to be advisable" for brevity.
In paragraph (2)(iii) of this subsection, the former reference to "buildings" is deleted as included in the comprehensive reference to "structures".
Also in paragraph (2)(iii) of this subsection, the former reference to "machinery" is deleted as redundant of the refrence to "equipment".
In paragraph (2)(iv) of this subsection, the former reference to "real or personal" property is deleted as included in the comprehensive reference to "property".
Defined Terms.
"Authority" § 10-201
"Development" § 10-201
"Food" § 10-201
(k) Repealed by Acts 2008, ch. 307, § 1, effective October 1, 2008.
SPECIAL REVISOR'S NOTE
As enacted by Ch. 306, Acts of 2008, this subsection, which defined "seafood", formerly was Art. 41, § 13-104(8). No changes were made by Ch. 306. However, Ch. 307, Acts of 2008, repealed this subsection in its entirety.
The Economic Development Article Review Committee noted, for the consideration of the General Assembly, that the definition of "seafood" in this subsection as including both "edible" and "inedible" seafood conflicted with the defined term "food", which only included "edible" seafood. The apparent intent of the inclusion of "inedible" seafood in this subsection was not to describe unintended by-catch and handling of inedible species. Rather, it was to recognize that a significant portion of the mass of processed edible seafood goes to waste in the form of shells, bone, scales, and other material that is not generally considered edible. No similar provision was made for inedible portions of other foods, such as coconut husks or banana peels. The Committee advised that the General Assembly might wish to consider whether it was necessary to assert affirmatively that "seafood" is "food" even when its inedible supporting structures are discarded in food preparation. Chapter 307 addressed this concern by repealing this subsection.
[An. Code 1957, art. 41, § 13-104 (intro. lang.), (1)-(3), (5)-(7)(i), (ii); 2008, ch. 306, § 2; ch. 307, § 1.]