852                              Laws of Maryland                      [Ch. 422

188A.

(a)    Definitions and standards of identity and quality and their
amendments, adopted under authority of the Federal Act are the
definitions and standards of identity and quality in this State. When
in his judgment this action will promote honesty and fair dealing
in the interest of consumers, the Secretary may promulgate regula-
tions establishing definitions and standards of identity and quality for
foods where no Federal regulations exist. In addition, the Secretary
may promulgate regulations which amend any Federal or State
regulations which set definitions and standards of identity, and may
promulgate regulations which amend any Federal or State Regula-
tions which set standards of quality for foods.

(b)    Temporary permits now or hereafter granted for interstate
shipments varying from the requirements of Federal definitions and
standards of identity shall be effective in this State under the con-
ditions provided in the permits. The Secretary may issue permits
for variations from the definitions and standards of identity and
quality prescribed under this subheading where the issuance of the
permits is found to be in the public interest for experimental pur-
poses or otherwise so long as the permits are issued upon terms
and conditions and with safeguards that adequately protect the
interests of consumers and potential consumers.

188B.

A food shall be deemed to be adulterated:

(1)  (i) If it bears or contains any poisonous or deleterious sub-
stance which would reasonably be expected to render it injurious to
health; but in case the substance is not an added substance the
food shall not be considered adulterated under this clause if the
quantity of the substance in the food does not ordinarily render
it injurious to health; or (ii) if it bears or contains any added
poisonous or added deleterious substance, other than one which is
(A) a food additive; or (B) a color additive, which is unsafe within
the meaning of Section 188F(a); or (iii) if it is, or bears, or contains
any food additive which is unsafe within the meaning of Section
188F or (iv) if it consists in whole or in part of a diseased, con-
taminated, filthy, putrid, or decomposed substance, or if it is other-
wise unfit for food; or (v) if it has been produced, prepared, packed,
or held under insanitary conditions whereby it would reasonably be
expected to have become contaminated with filth; or whereby it
would reasonably be expected to have been rendered diseased, un-
wholesome, or injurious to health; or (vi) if its container is composed,
in whole or in part, of any poisonous or deleterious substance which
would reasonably be expected to render the contents injurious to
health; (vii) if it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a regulation
or exemption in effect pursuant to Section 188F of this subheading
or Section 409 of the Federal Act.; OR (VIII) IF, AFTER ITS
MANUFACTURING OR PROCESSING OR PACKAGING, IT
WAS IN A FROZEN STATE AND WAS THEN PERMITTED
TO THAW AND WAS THEN SUBSEQUENTLY RE FROZEN.

(2)   (i) If any valuable constituent which would normally be
present in such article has been in whole or in part omitted or
abstracted therefrom; or (ii) if any substance has been substituted