850                              Laws of Maryland                      [Ch. 422

tion or test made, for the purpose of disclosing the existence of
the violation; and (2) that the inspection or examination or test
and the instrumentalities, personnel and methods used in connection
therewith would reasonably be expected to disclose the existence of
the violation; and (3) that the inspection or examination or test, or
the written report thereof, provided no basis for a belief that the
violation existed; and (4) that he did not commit the violation
purposely, knowingly, recklessly or negligently. For purposes of this
subsection (b), an inspection or examination or test by representative
samples of a lot, delivery or other mercantile quantity shall be deemed
to be a method which would reasonably be expected to disclose the
existence of a violation with respect to all articles included in the
lot, delivery or other mercantile quantity. No person shall be con-
victed of a violation under paragraphs (4) through (15) (iii) or
(16) and (17) 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 that the violation was not committed
purposely, knowingly, recklessly, or negligently.

(c) No publisher, radio or television broadcast licensee, or other
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the article to which
a false advertisement relates, shall be liable under this section for
the dissemination of a false advertisement.

187E.

(a)    Whenever a duly authorized agent of the Secretary finds or
has probable cause to believe, that any food, drug, device, cosmetic,
or consumer commodity, as defined by this subheading, is adulterated
or so misbranded as to be dangerous or fraudulent, within the mean-
ing of this subheading, or is in violation of Section 188D or 189D
of this subheading, he shall affix to the article a tag or other
appropriate marking, giving notice that the article is, or is suspected
of being, adulterated or misbranded and has been detained or em-
bargoed, and warning all persons not to remove or dispose of the
article by sale or otherwise until permission for removal or disposal
is given by an authorized agent or the court. It is unlawful for any
person to remove or dispose of a detained or embargoed article by
sale or otherwise without permission.

(b)    When an article is adulterated or misbranded or is in viola-
tion of Section 188D or 189D of this subheading it is liable to be
proceeded against by the filing of a petition with the Circuit Court
of the jurisdiction in which the article is located, detained, or em-
bargoed, for the forfeiture of the article. When an authorized agent
of the Secretary has found that an article which is embargoed or
detained is not adulterated or misbranded, he shall remove the tag
or other marking.

(c)    If the court finds that a sampled, detained, or embargoed
article is adulterated or misbranded, the article shall, after entry
of the decree of forfeiture, be destroyed at the expense of the owner
thereof, under the supervision of an authorized agent of the Secre-
tary, and all court costs and fees, and storage and other proper
expenses, shall be taxed against the owner of the article; provided,
however, that if the adulteration or misbranding can be corrected
by proper labeling or processing of the article, after entry of the
decree and after costs, fees and expenses have been paid and a good