Marvin Mandel, Governor                         855

188D.

(a)    Whenever the Secretary finds after investigation that the dis-
tribution in the State of Maryland of any class of food may, by
reason of contamination with microorganisms during manufacture,
processing, or packing thereof in any locality, be injurious to health,
and that the injurious nature cannot be adequately determined after
the class of food has entered commerce, he shall promulgate regula-
tions providing for the issuance, to manufacturers, processors, and
packers of a class of food in such locality, of permits to which shall
be attached the conditions governing the manufacture, processing,
packaging, or packing of the class of food, for a temporary period of
time may be necessary to protect the public health; and after the
effective date of the regulations, and during the temporary period,
no person shall introduce or deliver for introduction into commerce
any food manufactured, processed, or packed by any such manufac-
turer, processor, or packer unless the manufacturer, processor, or
packer holds a permit therefor issued by the Secretary as provided
by the regulations.

(b)    The Secretary may suspend immediately upon notice any
permit issued under authority of this section if it is found that
any of the conditions of the permit have been violated. The holder
of a permit so suspended shall be privileged at any time to apply
for the reinstatement of the permit, and the Secretary shall, im-
mediately after prompt hearing and inspection of the establishment,
reinstate the permit if it is found that adequate measures have
been taken to comply with and maintain the conditions of the permit,
as originally issued, or as amended.

(c)    Any officer or employee duly designated by the Secretary shall
have access to any factory or establishment, the operator of which
holds a permit from the Secretary, for the purpose of ascertaining
whether or not the conditions of the permit are being complied with,
and denial of access for the inspection shall be ground for suspension
of the permit until access is freely given by the operator.

188E.

The Secretary shall promulgate regulations exempting from any
labeling requirement of this subheading, food which is, in accord-
ance with the practice of the trade, to be processed, labeled or re-
packed in substantial quantities at establishments other than those
where originally processed or packed, upon the condition that the
food is not adulterated or misbranded under the provisions of this
subheading upon removal from the processing, labeling or repacking
establishment.

Regulations adopted under authority of the Federal Act relating
to exemptions shall be automatically effective in this State. How-
ever, the Secretary may promulgate additional regulations or amend-
ments to existing STATE regulations concerning the exemptions.

188F.

(a) Any added poisonous or deleterious substance, any food addi-
tive, and any color additive, shall with respect to any particular use
or intended use, be deemed unsafe for the purpose of the application
of clause (ii) of Section 188B (1) with respect to any food, Section