Consumer Protection - Agricultural Equipment Warranties

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0849*

SENATE BILL 849
I3 6lr3093
CF HB 1395
By: Senator Gallion
Introduced and read first time: February 6, 2026
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 18, 2026

CHAPTER ______

AN ACT concerning 1

Consumer Protection – Agricultural Equipment Warranties 2

FOR the purpose of requiring, for purposes of making a claim under a warranty for certain 3
agricultural equipment, a consumer to provide written notice to certain parties to 4
report a nonconformity, defect, or condition occurring in the agricultural equipment; 5
requiring a consumer to provide an opportunity for certain parties to correct the 6
nonconformity, defect, or condition; requiring certain parties to correct the 7
nonconformity, defect, or condition in a certain manner; requiring certain parties to 8
provide a consumer with the opportunity to replace agricultural equipment or receive 9
a refund under certain circumstances; making a violation of this Act an unfair, 10
abusive, or deceptive trade practice that is subject to enforcement and penalties 11
under the Maryland Consumer Protection Act; and generally relating to the 12
enforcement of warranties for agricultural equipment. 13

BY repealing and reenacting, with amendments, 14
Article – Commercial Law 15
Section 13–301(14)(xlvii) 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18

BY repealing and reenacting, without amendments, 19
Article – Commercial Law 20
Section 13–301(14)(xlviii) 21
Annotated Code of Maryland 22
(2025 Replacement Volume) 23
2 SENATE BILL 849

BY adding to 1
Article – Commercial Law 2
Section 13–301(14)(xlix); and 14 –15A–01 through 14 –15A–05 to be under the new 3
subtitle “Subtitle 15A. Agricultural Equipment Warranty Enforcement Act” 4
Annotated Code of Maryland 5
(2025 Replacement Volume) 6

BY repealing and reenacting, without amendments, 7
Article – Criminal Law 8
Section 6–401(b) 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2025 Supplement) 11

BY repealing and reenacting, without amendments, 12
Article – Transportation 13
Section 11–103.3 and 11–159 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Commercial Law 19

13–301. 20

Unfair, abusive, or deceptive trade practices include any: 21

(14) Violation of a provision of: 22

(xlvii) Title 14, Subtitle 50 of this article; [or] 23

(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 24

(XLIX) TITLE 14, SUBTITLE 15A OF THIS ARTICLE; OR 25

SUBTITLE 15A. AGRICULTURAL EQUIPMENT WARRANTY ENFORCEMENT ACT. 26

14–15A–01. 27

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29

SENATE BILL 849 3

(B) (1) “AGRICULTURAL EQUIPMEN T” MEANS ANY SELF –PROPELLED 1
VEHICLE DESIGNED PRIMARILY FOR AND USED IN THE OCCUPATION OR BUSINESS 2
OF FARMING. 3

(2) “AGRICULTURAL EQUIPMENT” DOES NOT INCLUDE: 4

(I) AN OFF–ROAD VEHICLE AS DEFI NED IN § 6–401(B) OF THE 5
CRIMINAL LAW ARTICLE; 6

(II) AN ALL –TERRAIN VEHICLE AS D EFINED IN § 11–103.3 OF 7
THE TRANSPORTATION ARTICLE; 8

(III) SPECIAL MOBILE EQUIPM ENT AS DEFINED IN § 11–159 OF 9
THE TRANSPORTATION ARTICLE; 10

(IV) EQUIPMENT UNDER 25 HORSEPOWER; 11

(V) A LAWN TRACTOR; OR 12

(VI) A LAWN MOWER. 13

(C) “CONSUMER” MEANS: 14

(1) THE PURCHASER OF NEW AGRICULTURAL EQUIPME NT OTHER 15
THAN FOR PURPOSES OF RESALE; 16

(2) A PERSON TO WHOM NEW A GRICULTURAL EQUIPMEN T IS 17
TRANSFERRED DURING T HE DURATION OF THE W ARRANTY APPLICABLE T O THE 18
AGRICULTURAL EQUIPMENT; OR 19

(3) ANY OTHER PERSON WHO IS ENTITLED TO ENFOR CE THE 20
OBLIGATIONS OF THE WARRANTY. 21

(D) “MANUFACTURER, FACTORY BRANCH , OR AUTHORIZED DEALER ” 22
MEANS A PERSON ENGAG ED IN THE BUSINESS O F MANUFACTURING, ASSEMBLING, 23
OR DEALING AGRICULTURAL EQUIPMENT, AS APPLICABLE. 24

(E) “SEASON OF USE ” MEANS ANY PERIOD WHE N THE AGRICULTURAL 25
EQUIPMENT IS ACTIVELY EMPLOYED IN THE RO UTINE OPERATIONS OF A FARMING 26
BUSINESS. 27

(F) “WARRANTY” INCLUDES A WARRANTY AS DESCRIBED IN §§ 2–312 28
THROUGH 2–315 OF THIS ARTICLE, AS APPLICABLE. 29
4 SENATE BILL 849

(G) “WARRANTY PERIOD” MEANS THE LATER OF: 1

(1) THE PERIOD OF TIME STATED UNDER THE TERMS OF AN EXPRESS 2
WRITTEN WARRANTY; OR 3

(2) THE FIRST YEAR IMMEDIATELY FOLLOWING THE ORIGINAL DATE 4
OF DELIVERY OF THE EQUIPMENT TO THE FIRST CONSUMER. 5

14–15A–02. 6

THIS SUBTITLE APPLIES ONLY TO AGRICULTURAL EQUIPMENT SOLD ON OR 7
AFTER JANUARY 1, 2026. 8

14–5A–03. 9

(A) (1) (I) IF AGRICULTURAL EQUIPMENT DOES NOT CONFORM TO ALL 10
APPLICABLE WARRANTIE S DURING THE WARRANT Y PERIOD , THE CONSUMER , 11
DURING THE WARRANTY PERIOD , SHALL REPORT THE NON CONFORMITY, DEFECT, 12
OR CONDITION BY PROV IDING WRITTEN NOTICE TO THE MANUFACTURER OR 13
FACTORY BRANCH BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. 14

(II) IT SHALL BE THE DUTY OF A DEALER TO NOTIF Y THE 15
MANUFACTURER OF ANY NOTICE RECEIV ED UNDER SUBPARAGRAP H (I) OF THIS 16
PARAGRAPH. 17

(2) THE CONSUMER SHALL PR OVIDE AN OPPORTUNITY FOR THE 18
MANUFACTURER OR FACTORY BRANCH OR ITS AGENT OR DEALER TO CORRECT THE 19
NONCONFORMITY, DEFECT, OR CONDITION. 20

(3) THE MANUFACTURER OR F ACTORY BRANCH, ITS AGENT, OR ITS 21
AUTHORIZED DEALER SH ALL CORRECT THE NONC ONFORMITY, DEFECT, OR 22
CONDITION: 23

(I) AT NO CHARGE TO THE C ONSUMER REGARDLESS O F 24
WHETHER THE REPAIRS ARE MADE AFTER THE E XPIRATION OF THE WAR RANTY 25
PERIOD; AND 26

(II) WITHIN 30 DAYS AFTER THE MANUFA CTURER’S OR 27
FACTORY DEALER ’S RECEIPT OF THE CON SUMER’S NOTIFICATION OF TH E 28
NONCONFORMITY, DEFECT, OR CONDITION UNDER P ARAGRAPH (1) OF THIS 29
SUBSECTION. 30

SENATE BILL 849 5

(B) (1) SUBJECT TO SUBSECTION (C) OF THIS SECTION , IF, AFTER A 1
REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER OR FACTORY BRANCH, 2
ITS AGENT, OR ITS AUTHORIZED DE ALER IS UNABLE TO RE PAIR OR CORRECT ANY 3
DEFECT OR CONDITION THAT SUBSTANTIALLY I MPAIRS THE USE AND M ARKET 4
VALUE OF THE AGRICUL TURAL EQUIPMENT TO T HE CONSUMER , THE 5
MANUFACTURER OR FACTORY BRANCH, AT THE OPTION OF THE CONSUMER, SHALL: 6

(I) REPLACE THE AGRICULTU RAL EQUIPMENT WITH 7
COMPARABLE AGRICULTU RAL EQUIPMENT THAT I S ACCEPTABLE TO THE 8
CONSUMER; OR 9

(II) ACCEPT RETURN OF THE AGRICULTURAL EQUIPME NT 10
FROM THE CONSUMER AN D REFUN D TO THE CONSUMER TH E FULL PURCHASE 11
PRICE, INCLUDING ALL LICENS E FEES , REGISTRATION FEES , AND ANY SIMILAR 12
GOVERNMENTAL CHARGES, LESS A REASONABLE ALLOWANCE FOR: 13

1. THE CONSUMER’S USE OF THE EQUIPMENT; AND 14

2. DAMAGE THAT IS NOT AT TRIBUTABLE TO NORMAL 15
WEAR OR A NONCONFORMITY, DEFECT, OR CONDITION. 16

(2) THE MANUFACTURER OR F ACTORY BRANCH SHALL MAKE 17
REFUNDS UNDER PARAGR APH (1) OF THIS SUBSECTION T O THE CONSUMER AND 18
LIENHOLDER, IF ANY, AS THE INTERESTS OF THE CONSUMER AND LIENHOLDER, IF 19
ANY, APPEAR. 20

(3) IT IS AN AFFIRMATIVE DEFENSE TO A CLAIM UNDER PARAGRAPH 21
(1) OF THIS SUBSECTION THAT THE NONCONFORMITY, DEFECT, OR CONDITION: 22

(I) DOES NOT SUBSTANTIALL Y IMPAIR THE USE AND MARKET 23
VALUE OF THE AGRICULTURAL EQUIPMENT; OR 24

(II) IS THE RESULT O F ABUSE , NEGLECT, OR UNAUTHORIZED 25
MODIFICATIONS OR ALTERATIONS OF THE AGRICULTURAL EQUIPMENT. 26

(C) (1) IT SHALL BE PRESUMED THAT A REASONABLE NU MBER OF 27
ATTEMPTS HAVE BEEN M ADE TO CONFORM AGRIC ULTURAL EQUIPMENT TO THE 28
APPLICABLE WARRANTIES IF: 29

(I) THE SAME NONCONFORMITY, DEFECT, OR CONDITION HAS 30
BEEN SUBJECT TO REPA IR FOUR OR MORE TIME S BY THE MANUFACTURE R OR 31
FACTORY BRANCH OR IT S AGENTS OR AUTHORIZ ED DEALERS WITHIN TH E 32
6 SENATE BILL 849

WARRANTY PERIOD , BUT THE NONCONFORMIT Y, DEFECT, OR CONDITION 1
CONTINUES TO EXIST; OR 2

(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 3
AGRICULTURAL EQUIPMENT IS OUT OF SERVICE DURING THE SEASON OF USE FOR A 4
CUMULATIVE TOTAL OF 30 OR MORE CALENDAR DAY S DURING THE WARRANT Y 5
PERIOD DUE TO THE RE PAIR OR ATTEMPTED RE PAIR OF ONE OR MORE 6
NONCONFORMITIES, DEFECTS, OR CONDITIONS. 7

(2) THE 30–DAY PERIOD DESCRIBED UNDER PARAGRAPH (1)(II) OF 8
THIS SUBSECTION DOES NOT INCLUDE A DAY ON WHICH A CONSUMER HAS BEEN 9
OFFERED OR PROVIDED BY A MANUFACTURER OR FACTORY BRANCH OR IT S 10
AUTHORIZED DEALERS T HE USE OF OTHER AGRICUL TURAL EQUIPMENT THAT 11
PERFORMS THE SAME FUNCTION AS THE CONSUMER’S AGRICULTURAL EQUIPMENT 12
BEING REPAIRED. 13

(D) THE TERM OF A WARRANTY, THE WARRANTY PERIOD, AND THE 30–DAY 14
OUT–OF–SERVICE PERIOD DESCR IBED UNDER SUBSECTIO N (C)(1)(II) OF TH IS 15
SECTION SHALL BE EXTENDED BY ANY TIME DURING WHICH REPAIR SERVICES ARE 16
NOT AVAILABLE TO THE CONSUMER BY REASON O F WAR , INVASION, STRIKE, OR 17
FIRE, FLOOD, OR OTHER NATURAL DISASTER. 18

(E) THE PRESUMPTION DESCR IBED UNDER SUBSECTIO N (C) OF THIS 19
SECTION DOES NOT APPLY AGAINST A MANUFACTURER IF A CO NSUMER HAS NOT 20
PROVIDED: 21

(1) PRIOR DIRECT WRITTEN NOTIFICATION IN ACCO RDANCE WITH 22
SUBSECTION (A)(1) OF THIS SECTION; AND 23

(2) THE OPPORTUNITY TO CO RRECT THE ALLEGED 24
NONCONFORMITY, DEFECT, OR CONDITION IN ACCO RDANCE WITH SUBSECTIO N 25
(A)(2) OF THIS SECTION. 26

(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A CONSUMER 27
WHO SUFFERS A LOSS BECAUSE OF A VIOLATION OF A PROVISION OF THIS SECTION 28
MAY BRING A CIVIL ACTION TO ENFORCE THE PROVISION. 29

(2) AN ACTION BROUGHT UNDER PARAGR APH (1) OF THIS 30
SUBSECTION SHALL BE COMMENCED NOT LATER THAN: 31

(I) 6 MONTHS AFTER THE EAR LIER OF 600 HOURS OF 32
OPERATION OR THE EXPIRATION OF THE EXPRESSLY WRITTEN WARRANTY TERM; OR 33

SENATE BILL 849 7

(II) 24 MONTHS AFTER THE EAR LIER OF 600 HOURS O F 1
OPERATION OR THE DAT E OF ORIGINAL DELIVE RY OF THE AGRICULTUR AL 2
EQUIPMENT TO THE CONSUMER. 3

14–15A–04. 4

THIS SUBTITLE MAY NOT BE CONSTRUED TO LIMI T OR IMPAIR A RIGHT OR 5
REMEDY THAT IS OTHERWISE AVAILABLE TO A CONSUMER UNDER ANY OTHER LAW. 6

14–15A–05. 7

(A) A VIOLATION OF THIS SUBTITLE IS: 8

(1) AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 9
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 10

(2) SUBJECT TO THE PENALT Y AND ENFORCEMENT PR OVISIONS 11
CONTAINED IN TITLE 13 OF THIS ARTICLE. 12

(B) IN ADDITION TO ANY OTHER REMEDIES THAT MAY BE AVAILABLE UNDER 13
THIS SUBTITLE , IF A MANUFACTURER OR FACTORY BRANCH OR IT S AGENT OR 14
AUTHORIZED DISTRIBUTOR IS FOUND TO HAVE ACTED IN BAD FAITH , THE COURT 15
MAY AWARD THE CONSUMER DAMAGES UP TO $10,000 $5,000. 16

Article – Criminal Law 17

6–401. 18

(b) (1) “Off–road vehicle” means a motorized vehicle designed for or capable of 19
cross–country travel on or immediately over land, water, snow, ice, marsh, swampland, or 20
other natural terrain. 21

(2) “Off–road vehicle” includes: 22

(i) a four–wheel drive or low–pressure–tire vehicle; 23

(ii) a motorcycle or a related two–wheel vehicle; 24

(iii) an amphibious machine; 25

(iv) a ground–effect vehicle; and 26

(v) an air–cushion vehicle. 27

Article – Transportation 28
8 SENATE BILL 849

11–103.3. 1

“All–terrain vehicle” means a motor vehicle that: 2

(1) (i) Is designed for off–highway use; 3

(ii) Operates on at least three low–pressure tires; 4

(iii) Has a seat or saddle designed to be straddled by the operator; 5

(iv) Has handlebars for steering; 6

(v) Is intended by the manufacturer to be operated by a single 7
operator; and 8

(vi) May be designed to carry one passenger; or 9

(2) (i) Is designed for off–highway use; 10

(ii) Operates on four or more low–pressure tires; 11

(iii) Has a bench or bucket–style seating; and 12

(iv) Has a steering wheel for steering. 13

11–159. 14

(a) “Special mobile equipment” means, except as provided in subsection (c) of this 15
section, a vehicle that: 16

(1) Is not used primarily for highway transportation of people or property; 17
and 18

(2) Is operated or moved on a highway only as an incident to its 19
nonhighway use. 20

(b) “Special mobile equipment” includes a road construction or maintenance 21
machine, mobile crane, ditchdigger, well driller, concrete mixer, jobsite office vehicle, or 22
portable power generator. 23

(c) “Special mobile equipment” does not include a farm tractor or any farm 24
equipment. 25

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27