240 LAWS OF MARYLAND. [CH. 141

be given to its registrant. Any person so notified shall be
given an opportunity to be heard at a designated time and
place; and, if it appears that any of the provisions of this
sub-title have been violated, the Chairman of the State
Board of Agriculture may cause the certification of such
fact to the proper State's Attorney with a copy of the
results of analysis, examination or test as made by the
analyst, examiner, or expert under oath, which may be pub-
lished under the directions of the State Board of Agricul-
ture; (3) to promulgate such rules and regulations in con-
formity with this sub-title as may be necessary for its
administration. A copy of such rules or regulations shall
be mailed to every person registering an insecticide or
fungicide under Section 105C.

105E. Exemptions. The provisions of this sub-title
prohibiting delivery and distribution of any insecticide or
fungicide shall not apply to transactions of (1) manufac-
turers, processors or packers which relate to improvement,
production and preparation of said commodities for lawful
sale within the meaning of this sub-title; (2) common or
private carriers and warehousemen while engaged in law-
fully transporting and storing insecticide or fungicide;
(3) public officers while engaged in the performance of
their official duties, or (4) any employee of any of the
foregoing while acting within the scope of his employment.

105F. Penalties. Any person violating any provision
of this sub-title shall, upon conviction, be fined not more
than $25. 00 for the first offense, nor more than $100. 00 for
any subsequent offense.

105G. Separability. If any provision of this sub-title,
or the application thereof to any person or circumstance,
is held invalid, the remainder of the sub-title, and the appli-
cation of such provisions to other persons or circumstances,
shall not be affected thereby.

SEC. 2. And be it further enacted, That all laws or
parts of laws inconsistent with this Act be and they are
hereby repealed to the extent of such inconsistency.

SEC. 3. And be it further enacted, That this Act shall
take effect January 1, 1940.

Approved May 3, 1939