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Session Laws, 1963
Volume 671, Page 414   View pdf image (33K)
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416                                LAWS OF MARYLAND                        [CH. 231

480.
Detained Commercial Fertilizers.

(a)    "Withdrawal from Sale" Orders. When the State Chemist or
his authorized agent finds any lot of commercial fertilizer is being
distributed in violation of any of the provisions of this Act or any
of the prescribed regulations under this subtitle, he may issue and
enforce a written or printed "Withdrawal from Sale" order warning
the distributor not to dispose of the lot of fertilizer in any manner
until written permission is given by the State Chemist or the court.
The State Chemist shall release the lot of commercial fertilizer so
withdrawn when the provisions and regulations have been complied
with and all costs and expenses incurred in the withdrawal have been
paid by the distributor. 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 fer-
tilizer not in compliance with the provisions of this subtitle or regu-
lations shall be subject to seizure on complaint of the State Chemist
to a court of competent jurisdiction in the area in which said com-
mercial fertilizer is located. In the event the court finds the said
commercial fertilizer to be in violation of the provisions of this sub-
title and orders the condemnation of said commercial fertilizer, it
shall be disposed of in any manner consistent with the quality of the
commercial fertilizer and the laws of the State; provided, that in
no instance shall the disposition of said fertilizer be ordered by the
court without first giving the claimant an opportunity to apply to the
court for release of said commercial fertilizer or for permission to
process or re-label said commercial fertilizer to bring it into compli-
ance with the provisions of this subtitle.

481.

Short Weight.

If any commercial fertilizer in the possession of the consumer is
found by the State Chemist to be short in weight, the registrant of
said commercial fertilizer shall within thirty days after official notice
from the State Chemist pay to the consumer a penalty equal to two
times the value of the actual shortage.

482.

Cancellation and Refusal of Registrations.

The State Chemist is authorized and empowered to cancel the
registration of any brand of commercial fertilizer or to refuse to
register any brand of commercial fertilizer as herein provided, upon
satisfactory evidence that the registrant has used fraudulent or de-
ceptive practices in the evasions or attempted evasions of the provi-
sions of this Act or any rules and regulations promulgated there-
under: Provided, that no registration shall be revoked or refused
until the registrant shall have been given the opportunity to appear
for a hearing by the State Chemist.

483.

Penalties.

(a) Any person convicted of violating any of the provisions of

 

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Session Laws, 1963
Volume 671, Page 414   View pdf image (33K)
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