1284                             Laws of Maryland                      [Ch. 405

(4)  Any beverage subject to or complying with packaging or
labeling requirements imposed under the Federal Alcohol Adminis-
tration Act (27 U.S.C., et seq.), as the same may be amended from
time to time; or

(5)  Any seed or other commodity subject to the provisions of
Sections 149 through 159 of Article 48 of this Code, as the same may
be amended from time to time.

(v) The term "color additive" means a material which [;]; (1)
is a dye, pigment, or other substance made by a process of synthesis
or similar artifice, or extracted, isolated, or otherwise derived, with
or without intermediate or final change of identity, from a vege-
table, animal, mineral, or other source, or (2) when added or applied
to a food, drug, or cosmetic, or to the human body or any part
thereof, is capable (alone or through reaction with other substance)
of imparting color thereto; except that the term does not include
any material which has been or hereafter is exempted under the
federal act. The term "color" includes black, white, and intermediate
grays.

187D.

(b) No person shall be convicted of a violation under [subsec-
tions (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 exam-
ination 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 pur-
posely, knowingly, recklessly or negligently. For purposes of this
subsection (b), an inspection or examination or test by represen-
tative 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 in-
cluded in the lot, delivery or other mercantile quantity. No person
shall be convicted 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 com-
mitted purposely, knowingly, recklessly, or negligently.

188C.
A food shall be deemed to be misbranded:

(1)   (i) If its labeling is false or misleading in any particular.

(ii) If its labeling or packaging fails to conform with the require-
ments of Section 191A of this subheading.

(2)  If it is offered for sale under the name of another food.

(3)   If it is an imitation of another food unless its label bears
in type of uniform size and prominence, the word "imitation," and,
immediately thereafter, the name of the food imitated.