908                                 Laws of Maryland                          [Ch. 536

shall cause appropriate notice to be given to such person. Any person
so notified shall be given an opportunity to present his views, either
orally or in writing, with regard to such contemplated proceedings
and if thereafter in the opinion of the State Chemist it shall appear
that the provisions of the sub-title have been violated by such person,
then the State Chemist shall refer the facts to the proper prosecuting
attorney for the county in which the violation shall have occurred
with a copy of the results of the analysis or the examination of such
article; provided, however, that nothing in this sub-title shall be con-
strued as requiring the State Chemist to report for prosecution or
for the institution of libel proceedings minor violation of the sub-title
whenever he believes that the public interests will be best served
by a suitable notice of warning in writing.

(b) It shall be the duty of the proper prosecuting attorney to whom
any such violation is reported to cause appropriate proceedings to
be instituted and prosecuted in the proper court without delay.

(c)  The State Chemist shall, by publication in such manner as he
may prescribe, give notice of all judgments entered in actions in-
stituted under the authority of this sub-title.

14,0. Exemptions.

(a)  The penalties provided for violations of Section 136 of this
sub-title shall not apply to—

(1)  any carrier while lawfully engaged in transporting a pesticide
within this State, if such carrier shall, upon request, permit the State
Chemist or his designated agent to copy all records showing the trans-
actions in and movement of the articles;

(2)  public officials of this State and the Federal Government en-
gaged in the performance of their official duties;

(3) the manufacturer or shipper of a pesticide for experimental use
only

(I)  by or under the supervision of an agency of this State or of
the Federal Government authorized by law to conduct research in
the field of pesticides, or

(II)   by others if the pesticide is not sold and if the container
thereof is plainly and conspicuously marked "For experimental use
only—Not to be sold", together with the manufacturer's name and
address; Provided, however, that if a written permit has been ob-
tained from the State Chemist, pesticides may be sold for experiment
purposes subject to such restrictions as may be set forth in the permit.

(b)  No article shall be deemed in violation of this sub-title when
intended solely for export to a foreign country, and when prepared
or packed according to the specifications or directions of the pur-
chaser. If not so exported, all the provisions of this sub-title shall
apply.

140A. Penalties.

(a) Any person violating Section 136 (a) (1) of this sub-title
shall be guilty of a misdemeanor and upon conviction shall be fined
not more than $100.