Theodore R. McKeldin, Governor                    909

(b)  Any person violating any provision of this sub-title other than
Section 136 (a) (1) shall be guilty of a misdemeanor and upon con-
viction shall be fined not more than $100 for the first offense and upon
conviction for a subsequent offense shall be fined not less than $100
or more than $500; provided, that any offense committed more than
five years after a previous conviction shall be considered a first
offense; and provided, further, that in any case where a registrant
was issued a warning by the State Chemist pursuant to the provisions
of this sub-title, such registrant shall upon conviction of a violation
of any provision of this sub-title other than Section 136 (a) (1) be
fined not more than $100, or imprisoned for not more than one year,
or be subject to both such fine and imprisonment; and the registra-
tion of the article with reference to which the violation occurred shall
terminate automatically. An article the registration of which has
been terminated may not again be registered unless the article, its
labeling, and other material required to be submitted appear to the
State Chemist to comply with all the requirements of this sub-title.

(c)  Notwithstanding any other provisions of this section, in case
any person, with intent to defraud, uses or reveals information
relative to formulas of products acquired under authority of Section
137 of this sub-title, he shall be fined not more than $100 or im-
prisoned for not more than one year, or both.

Seizures.

(a)   Any pesticide that is distributed, sold, or offered for sale
within this State or delivered for transportation or transported in
intrastate commerce or between points within this State through any
point outside of this State shall be liable to be proceeded against in
the proper Court in any county of the State where it may be found
and seized for confiscation by process of libel for condemnation.

(1) in the case of a pesticide

(I)  if it is adulterated or misbranded;

(II)  if it has not been registered under the provisions of Section
137 of this sub-title;

(HI) if it fails to bear on its label the information required by
this sub-title;

(IV) if it is a white powder pesticide and is not colored as required
under this sub-title.

(b)  If the article is condemned, it shall, after entry of decree, be
disposed of by destruction or sale as the court may direct and the
proceeds, if such article is sold, less legal costs, shall be paid to the
University of Maryland and deposited in the special fund established
in Section 137 (b); provided, that the article shall not be sold con-
trary to the provision of this sub-title; and provided, further, that
upon payment of costs and execution and delivery of a good and
sufficient bond conditioned that the article shall not be disposed of
unlawfully, the court may direct that said article be delivered to the
owner thereof for relabeling or reprocessing as the case may be.

(c)  When a decree of condemnation is entered against the article,
court costs and fees and storage and other proper expenses shall be
awarded against the person, if any, intervening as claimant of the
article.