848                               Laws of Maryland                      [Ch. 422

(4)    The distribution in commerce of a consumer commodity, as
defined in this subheading, if the commodity is contained in a pack-
age, or if there is affixed to that commodity a label, which does not
conform to the provisions of this subheading and of regulations pro-
mulgated under authority of this subheading; provided, however,
that this prohibition does not apply to persons engaged in business
as wholesale or retail distributors of consumer commodities except
to the extent that the persons (i) are engaged in the packing or
labeling of the commodities, or (ii) prescribe or specify by any
means the manner in which the commodities are packaged or labeled.

(5)    The sale, delivery for sale, holding for sale, or offering for
sale of any article in violation of Section 188D or 189D.

(6)    The dissemination of any false advertisement.

(7)    The refusal to permit entry or inspection, or to permit the
taking of a sample, or to permit access to or copying of any record
as authorized by Section 191C of this subheading.

(8)    The making of a written report, certifying to the results of
any inspection or examination or test made for the purpose of dis-
closing the existence of a violation of some other provision of Section
187B of this subheading, which is false.

(9)    The removal or disposal of a detained or embargoed article in
violation of Section 187E of this subheading.

(10)    The alteration, mutilation, destruction, obliteration, or re-
moval of the whole or any part of the labeling of, or the doing of any
other act with respect to a food, drug, device, or cosmetic, if the
act is done while the article is held for sale and results in the article
being adulterated or misbranded.

(11)    Forging, counterfeiting, simulating, or falsely representing,
or without proper authority using any mark, stamp, tag, label, or
other identification device authorized or required by regulations
promulgated under the provisions of this subheading or of the Federal
Act.

(12)    The using by any person to his own advantage, or revealing,
other than to the Secretary or his authorized representative or to
the courts when relevant in any judicial proceeding under this sub-
heading of any information acquired under authority of this sub-
heading concerning any method or process which as a trade secret is
entitled to protection.

(13)    The using, on the labeling of any drug or in any advertise-
ment relating to the drug, of any representation or suggestion that an
application with respect to the drug is effective under Section 189D,
or that the drug complies with the provisions of that section.

(14)    In the case of a prescription drug distributed or offered for
sale in this State, the failure of the manufacturer, packer, or dis-
tributor thereof to maintain for transmittal, or to transmit, to any
practitioner licensed by applicable law to administer the drug who
makes written request for information as to the drug, true and
correct copies of all printed matter which is required to be included
in any package in which that drug is distributed or sold, or other
printed matter as is approved under the Federal Act. Nothing in
this section shall be construed to exempt any person from any labeling
requirement imposed by or under other provisions of this subheading.