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Session Laws, 1971
Volume 707, Page 666   View pdf image
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666                               Laws of Maryland                      [Ch. 326

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

(d)    The State Chemist may cause to be removed from sale by
written order, any product which is adulterated, misbranded or bears
designation identifying it with a similarly identified product which
is known to be adulterated or misbranded, or has been found to
contaminate the environment as judged by Federal or State author-
ities. Material so removed may not be disposed of in any manner
without written consent of the State Chemist or the Circuit Court
of the County in which the product is found, or the Baltimore City
Court.

136. Penalties.

(a) Any person filing a late renewal application on any product
shall be required to pay a 10 percent per month late registration fee
for each product with said late fee commencing after January 31
of the year for which registration is made, and not to exceed twice
the annual registration fee per item. Late registration applies to any
product offered for sale, and late fees apply retroactively to the origi-
nal January 1 filing date. No late fees are applicable to new products
which are registered before being distributed, sold, or offered for sale.

[(a)] (b) Any person violating Section 131(a)(1) of this sub-
title shall be guilty of a misdemeanor and upon conviction shall be
fined not more than $100 [.] , exclusive of registration fees for each
product in violation.

[(b)] (c) Any person violating any provision of this subtitle
other than Section 131 (a) (1) shall be guilty of a misdemeanor and
upon conviction 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 regis-
trant was issued a warning by the State Chemist pursuant to the
provisions of this subtitle, such registrant shall upon conviction of a
violation of any provision of this subtitle other than Section 131 (a)
(1) be fined not more than $1,000 $100, or imprisoned for not more
than one year, or be subject to both such fine and imprisonment; and
the registration 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 subtitle.

[(c)] (d) 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
132 of this subtitle, he shall be fined not more than $100 or imprisoned
for not more than one year, or both.

(e)    All fines and late fees levied under the Act are deposited to
the State Board of Agriculture, State Inspection Service, to the
credit of a special fund for implementing the provisions of this Act.


 

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Session Laws, 1971
Volume 707, Page 666   View pdf image
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