678                               Laws of Maryland                      [Ch. 329

(c)    Fertilizers judged deficient on basis of official sample only.—
The State Chemist in determining for administrative purposes
whether a commercial fertilizer or soil conditioner is deficient in any
component, shall be guided solely by the official sample as defined in
subsection (1) of Section 473 and obtained and analyzed as provided
for in subsection 478 (b) of this subtitle.

(d)    Procedure when inspection and analysis indicate adulteration
or misbranding.—When the inspection and analysis of an official
sample indicates a commercial fertilizer or soil conditioner has been
found deficient or misbranded, the results of analysis shall be for-
warded by the State Chemist to the distributor at least ten days
before the report is submitted to the distributee. Upon request
within thirty days, the State Chemist shall furnish to the distributor
a portion of the sample concerned.

480.    Disposition of fertilizer distributed in violation of subtitle.

(a)    "Withdrawal from sale" orders.—When the State Chemist
or his authorized agent finds any lot of commercial fertilizer or soil
conditioner is being distributed in violation of any of the provisions
of this subtitle 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 or soil conditioner 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release the [lot of commercial fertilizer] product so withdrawn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 or soil conditioner not in compliance with the provisions of
this subtitle or regulations shall be subject to seizure on complaint
of the State Chemist to a court of competent jurisdiction in the area
in which said [commercial fertilizer] product is located. In the
event the court finds the said [commercial fertilizer] material to
be in violation of the provisions of this subtitle and orders the
condemnation of said commercial fertilizer or soil conditioner, it
shall be disposed of in any manner consistent with the quality of the
commercial fertilizer or soil conditioner and the laws of the State;
provided, that in no instance shall the disposition of said [fertilizer]
material be ordered by the court without first giving the claimant
an opportunity to apply to the court for release of said commercial
fertilizer or soil conditioner or for permission to process or re-label
said commercial fertilizer or soil conditioner to bring it into compli-
ance with the provisions of this subtitle.

481.    Short Weight.

If any commercial fertilizer or soil conditioner in the possession
of the consumer is found by the State Chemist to be short in weight,
the registrant of said [commercial fertilizer] product 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.