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Session Laws, 1957
Volume 640, Page 500   View pdf image (33K)
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500                               Laws of Maryland                        [Ch. 386

of this Act or any of the prescribed regulations under this Sub-title,
he may issue and enforce a written or printed "withdrawal from
sale" order warning the distributor not to dispose of the lot of feed
in any manner until written permission is given by the State Chemist
or the Court. The State Chemist shall release the lot of commercial
feed so withdrawn when the provisions and regulations have been
complied with and all costs and expenses incurred in the withdrawal
have been paid. If compliance is not obtained within 30 days, the
State Chemist may begin or upon request shall begin proceedings
for condemnation.

b. Condemnation and Confiscation. Any lot of commercial feed not
in compliance with the provisions of this Sub-title shall be subject to
seizure on complaint of the State Chemist to a court of competent
jurisdiction in the area in which said commercial feed is located. In
the event the court finds the said commercial feed to be in violation
of the provisions of this Sub-title and orders the condemnation of
said commercial feed, it shall be disposed of in any manner consistent
with the quality of the commercial feed and the laws of the State;
Provided that in no instance shall the disposition of said commercial
feed be ordered by the court without first giving the claimant an
opportunity to apply to the court for release of said commercial
feed or for permission to process of re-label said commercial feed to
bring it into compliance with the provisions of this Sub-title.

133. Penalties.

a.    Any person convicted of violating any of the provisions of this
Sub-title or the rules and regulations issued thereunder or (who shall
impede, obstruct, hinder, or otherwise prevent or attempt to prevent
said State Chemist or his duly authorized agent in performance of
his duty in connection with the provisions of this Sub-title, shall be
adjudged guilty of a misdemeanor and shall be fined not more than
$100 for the first violation, and not less than $100 or more than $500
for a subsequent violation. In all prosecutions under this Sub-title
involving the composition of a lot of commercial feed, a certified copy
of the official analysis signed by the State Chemist shall be accepted
us prima facie evidence of the composition.

b.    Nothing in the Sub-title shall be construed as requiring the
State Chemist or his representative to report for prosecution or for
the institution of seizure proceedings as a result of minor violations
of the Act when he believes that the public interests will be best
served by a suitable notice of warning in writing.

c.    It shall be the duty of the states attorney to whom any viola-
tion is reported to cause appropriate proceedings to be instituted and
prosecuted in a court of competent jurisdiction without delay. Be-
fore the State Chemist reports a violation for such prosecution, an
opportunity shall be given the distributor to present his view.

d.    The State Chemist is hereby authorized to apply for and the
court to grant a temporary or permanent injunction restraining any
person from violating or continuing to violate any of the provisions
of this Sub-title or any rule or regulation promulgated under the
Sub-title notwithstanding the existence of other remedies at Law.
Said injunction shall be issued without bond.


 

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Session Laws, 1957
Volume 640, Page 500   View pdf image (33K)
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