224                              Laws of Maryland                        [Ch. 28

(VII)  If in the case of an insecticide, fungicide, or herbicide,
when used as directed or in accordance with commonly recognized
practice, it shall be injurious to living man or other vertebrate ani-
mals or vegetation, except weeds, to which it is applied, or to the
person applying such pesticide.

(VIII)  In the case of a plant regulator, defoliant, or desiccant
when used as directed it shall be injurious to living man or other
vertebrate animals, or vegetation to which it is applied, or to the
person applying such pesticide: Provided, that physical or physio-
logical effects on plants or parts thereof shall not be deemed to be
injury, when this is the purpose for which the plant regulator, de-
foliant, or desiccant was applied, in accordance with the label claims
and recommendations.

133.

(a) Authority of State Chemist.—The State Chemist is author-
ized, after opportunity for a hearing

(1)  To declare as a pest any form of plant or animal life or virus
which is injurious to plants, men, domestic animals, articles, or
substances;

(2)  To determine whether pesticides are highly toxic to man; and

(3)  To determine standards of coloring or discoloring for pesti-
cides, and subject pesticides to the requirements of [Section 131(4)]
paragraph (4) of subsection (a) of Section 131 of this subtitle.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1972.

Approved April 11, 1972

CHAPTER 28
(Senate Bill 228)

AN ACT to repeal and re-enact, with amendments, Sections 59(1a),
240B(b), 240B(c), 240C(b), 242(b), 242(g)(l), 242(1), 243, 518
and 533(3) of Article 48A of the Annotated Code of Maryland
(1971 Supplement), title "Insurance Code," subtitles "Insurance:
"INSURERS: Authorization and General Requirements," "Unfair
Trade Practices," "Rates and Rating Organizations," "Maryland
Insurance Guarantee GUARANTY Association," and "Life and
Health INSURANCE Guaranty Association Act," correcting cer-
tain errors in the laws relating generally to insurance.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 59(1a), 240B(b), 240B(c), 240C(b), 242(b), 242(g)
(1), 242(1), 243, 518, and 533(3) of Article 48A of the Annotated
Code of Maryland (1971 Supplement), title "Insurance Code," sub-
titles "Insurance: "INSURERS: Authorization and General Re-
quirements," "Unfair Trade Practices," "Rates and Rating Organi-
zations," "Maryland Insurance Guarantee GUARANTY Associa-