Marvin Mandel, Governor                           849

(15)   (i) Placing or causing to be placed upon any drug or device
or container thereof, with intent to defraud, the trade name or other
identifying mark, or imprint of another or any likeness of any of
the foregoing; or (ii) Selling, dispensing, disposing of or causing
to be sold, dispensed of, disposed of or concealing or keeping in
possession, control or custody with intent to sell, dispense or dispose
of, any drug, device or any container thereof, with knowledge that
the trade name or other identifying mark or imprint of another or
any likeness of any of the foregoing has been placed thereon in a
manner prohibited by paragraph (i) hereof; or (iii) Making, selling,
or disposing of; causing to be made, sold or disposed of; keeping in
possession, control or custody; or concealing any punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or device
of another or any likeness of any of the foregoing upon any drug or
container or labeling thereof so as to render the drug a counterfeit
drug.

(16)    The doing of any act which causes a drug to be a counterfeit
drug, or the sale or dispensing, or the holding for sale or dispensing
of a counterfeit drug.

(17)    Dispensing or causing to be dispensed a different drug or
brand of drug in place of the drug or brand of drug ordered or
prescribed without the express permission in each case of the person
ordering or prescribing.

(18)  PRESCRIBING ANY DRUG WITHOUT CLEARLY IDEN-
TIFYING THE NAME OF THE PRESCRIBER ON THE PRE-
SCRIPTION FORM AND DISPENSING ANY DRUG BASED ON
A PRESCRIPTION FORM WHICH LACKS THE NAME OF THE
PRESCRIBER.

187C.

In addition to the remedies hereinafter provided, the Attorney
General may apply to the circuit court of the County or in the
Baltimore City Court for, and the court has jurisdiction upon hearing
and for cause shown, to grant a temporary or permanent injunction
restraining any person from violating any provision of Section 187B
of this subheading, whether or not there exists an adequate remedy
at law.

187D.

(a)    Any person who violates any of the provisions of Section
187B is guilty of a misdemeanor and on conviction thereof is subject
to imprisonment for not more than one year or a fine of not more
than $10,000, or both imprisonment and fine; but if the violation
is committed after a conviction of the person under this section has
become final, the person is subject to imprisonment for not more
than three years, or a fine of not more than $25,000, or both im-
prisonment and fine.

(b)    No person shall be convicted of a violation under subsections
(a), (b), or (c) of Section 187B of this subheading or subject to
the penalties of subsection (a) of this section if he establishes by
a preponderance of the evidence with respect to the violation: (1)
that he made an inspection or examination or test, or received a
written report certifying to the results of an inspection or examina-