Marvin Mandel, Governor                            847

otherwise than in the investigations, been used to a material extent
or for a material time, under these conditions.

(s) The term "contaminated with filth" applies to any food,
drug, device, or cosmetic not securely protected from dust, dirt, and
as far as may be necessary by all reasonable means, from all foreign
or injurious contaminations.

(t) The provisions of this subheading regarding the selling of
food, drugs, devices, or cosmetics, shall be considered to include the
manufacture, production, processing, packing, exposure, offer, pos-
session, and holding of the article for sale; and the sale, dispensing,
and giving of the article, and the supplying or applying of the
articles in the conduct of any food, drug, or cosmetic establishment.

(u) The term "food additive" means any substance, the intended
use of which results or may be reasonably expected to result, directly
or indirectly, in its becoming a component or otherwise affecting the
characteristics of any food (including any substance intended for
use in producing, manufacturing, packing, processing, preparing,
treating, packaging, transporting, or holding food; and including
any source of radiation intended for any such use) if the substance
is not generally recognized, among experts qualified by scientific
training and experience to evaluate its safety, as having been ade-
quately shown through scientific procedures (or, in the case of a
substance used in a food prior to January 1, 1958, through either
scientific procedures or experience based on common use in food)
to be safe under the conditions of its intended use; except that the
term does not include a color additive.

(v) The term "color additive" means a material which; (1) Is
a dye, pigment, or other substance made by a process of synthesis
or similar artifice, or extracted, isolated, or otherwise derived, with
or without intermediate or final change of identity, from a vegetable,
animal, mineral, or other source, or (2) When added or applied to
a food, drug, or cosmetic, or to the human body or any part thereof,
is capable (alone or through reaction with other substance) of im-
parting color thereto; except that the term does not include any
material which has been or hereafter is exempted under the Federal
Act. The term "color" includes black, white, and intermediate grays.

(w) The term "Federal Act" means the Federal Food, Drug, and
Cosmetic Act (Title 21 U.S.C. 301 et seq.), as amended from time to
time.

187B.

The following acts and the causing thereof within the State of
Maryland are hereby prohibited:

(1)    The manufacture, sale, or delivery, holding or offering for
sale of any food, drug, device, or cosmetic that is adulterated or
misbranded.

(2)    The adulteration or misbranding of any food, drug, device,
or cosmetic.

(3)    The receipt in commerce of any food, drug, device, or cos-
metic that is adulterated or misbranded, and the delivery or proffered
delivery thereof for pay or otherwise.