Marvin Mandel, Governor                         665

133. Determinations; Rules and Regulations; Uniformity.

(a)    The State Chemist is authorized, after opportunity for a
hearing

(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
substances;

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

(3)    to determine standards of coloring or discoloring for pesti-
cides, and subject pesticides to the requirements of Section 131(4)
of this subtitle.

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

(c)    In order to avoid confusion endangering the public health,
resulting 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
requirements in the manufacture and sale of such pesticides, it is
desirable that there should be uniformity between the requirements
of the several states and the Federal Government relating to such
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 established by this
subtitle, as have been or may be prescribed in the [United States
Department of Agriculture] appropriate agency or agencies of the
United States Government with respect to pesticides.

131 134. Enforcement.

(a)    The examination of pesticides shall be made under the direc-
tion of the State Chemist for the purpose of determining whether
they comply with the requirements of this subtitle. If it shall appear
from such examination that a pesticide fails to comply with the
provisions of this subtitle, and the State Chemist contemplates in-
stituting criminal proceedings against any person, the State Chemist
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 subtitle 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 subtitle shall be con-
strued as requiring the State Chemist to report for prosecution or
for the institution of libel proceedings minor violation of the subtitle
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 proceed-
ings to be instituted and prosecuted in the proper court without delay.