Theodore R. McKeldin, Governor                      907

opportunity to make the necessary corrections. If upon receipt of
such notice, the applicant insists that such corrections are not neces-
sary and requests in writing that the article be registered, the State
Chemist shall register the article, under protest, and such registration
shall be accompanied by a warning in writing to the registrant of
the apparent failure of the article to comply with the provisions of
this sub-title. In order to protect the public, the State Chemist, on
his own motion, may at any time, cancel the registration of a pesti-
cide and in lieu thereof, issue a registration under protest in accord-
ance with the foregoing procedure. In no event shall registration
of an article, whether or not protested, be construed as a defense for
the commission of any offense prohibited under Section 136 of this
sub-title.

(e) Notwithstanding any other provision of this sub-title, regis-
tration is not required in the case of a pesticide shipped from one plant
within this State to another plant within this State operated by the
same person.

138.   Determinations; Rules and Regulations; Uniformity.

(a)  The State Chemist is authorized, after opportunity for a hear-
ing

(1)  to declare as a pest any form of plant or animal life or virus
which is injurious to plants, men, domestic animals, articles, or sub-
stances;

(2)  to determine whether pesticides are highly toxic to man; and

(3)  to determine standards of coloring or discoloring for pesticides,
and to subject pesticides to the requirements of Section 136 (4) of
this sub-title.

(b)  The State Chemist is authorized, after due public hearing to
make appropriate rules and regulations for carrying out the provi-
sions of this sub-title, including rules and regulations providing for
the collection and examination of samples of pesticides.

(c)  In order to avoid confusion endangering the public health, re-
sulting from diverse requirements, particularly as to the labeling and
coloring of pesticides and to avoid increased costs to the people of
this State due to the necessity of complying with such diverse require-
ments in the manufacture and sale of such poisons PESTICIDES, it
is desirable that there should be uniformity between the requirements
of the several States and the Federal Government relating to such
poisons PESTICIDES. To this end the State Chemist is authorized,
after due public hearing, to adopt by regulation such regulations,
applicable to and in conformity with the primary standards estab-
lished by this sub-title, as have been or may be prescribed in the
United States Department of Agriculture with respect to pesticides.

139.  Enforcement.

(a) The examination of pesticides shall be made under the direction
of the State Chemist for the purpose of determining whether they
comply with the requirements of this sub-title. If it shall appear
from such examination that a pesticide fails to comply with the pro-
visions of this sub-title, and the State Chemist contemplates in-
stituting criminal proceedings against any person, the State Chemist