844                              Laws of Maryland                      [Ch. 422

Health and Mental Hygiene to require permits of food manufac-
turers, processors and packers and to permit certain exemptions
from the Act, to define adulterated and misbranded drugs and de-
vices, to require a prescription for dispensation of certain drugs,
to require permits for the sale of new drugs unless regulated by
the Federal Food, Drug and Cosmetic Act, to define misbranded and
adulterated cosmetics, to define and prohibit false and misleading
advertising of food, drugs, devices and cosmetics, to authorize the
Secretary to promulgate regulations to permit the Secretary to
publish information concerning enforcement of the Act, stating
the relationship of this subheading to certain sections in Article 27
of this Code, and relating generally to the laws of Maryland con-
cerning food, drugs, devices and cosmetics and to the adminis-
tration and enforcement of such laws.

Section 1. Be it enacted by the General Assembly of Maryland.
That Sections 187 through 191, inclusive, of Article 43 of the Anno-
tated Code of Maryland (1957 Edition, 1965 Replacement Volume
and 1970 Cumulative Supplement) title "Health," subtitle "Adultera-
tion of Food and Drink," subheading "Food and Drug Law," be and
they are hereby repealed, and that new Sections 187 through 191E,
inclusive, be and they are hereby enacted in lieu thereof, to stand in
the place of the sections so repealed, to be under the same title and
subtitle and under the new subheading "Maryland Food, Drug and
Cosmetic Act."

187.

This subheading may be cited as the Maryland Food, Drug and
Cosmetic Act.

187A.

(a)    For purposes of this subheading, the words and phrases listed
in this section have the meanings respectively given them.

(b)    The "Secretary" means the Secretary of the Department of
Health and Mental Hygiene or his authorized representative or
agent.

(c)    The term "food" means (1) articles used for food or drink
for man, (2) chewing gum, and (3) articles used for components
of any such article.

(d)    The term "drug" means (1) articles recognized in the offi-
cial United States Pharmacopoeia, official Homeopathic Pharma-
copoeia of the United States, or official National Formulary, or any
supplement to any of them; and (2) articles intended for use in
the diagnosis, cure, mitigation, treatment or prevention of disease
in man and (3) articles (other than food) intended to affect the
structure or any function of the body of man and (4) articles in-
tended for use as a component of any article specified in clause
(1), (2), or (3); but does not include devices or their components,
parts, or accessories.

(e)    The term "counterfeit drug" means a drug which, or the
container or labeling of which, without authorization, bears the
trademark, trade name or other identifying mark, imprint, or device
or any likeness thereof, of a drug manufacturer, processor, packer,