152                                        LAWS OF MARYLAND                                  Ch. 91

Approved April 26, 1973,

CHAPTER 92
(Senate Bill 608)

AN ACT to repeal and re-enact, with amendments, Sections 162, 167, 168, 169,
170 and 173 of Article 43 of the Annotated Code of Maryland (1971
Replacement Volume and 1972 Supplement), title "Health," subtitle
"Adulteration of Food and Drink," subheading "Soft Drinks," to change the
maximum annual inspection fee for soft drinks, to provide for an inspection fee
for each [[brand or]] flavor of soft drinks, to include bottled water within the
soft drink licensing laws, to correct certain language therein, and relating
generally to the licensing of manufacturers of soft drinks by the Department of
Health and Mental Hygiene.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 162, 167, 168, 169, 170 and 173 of Article 43 of the
Annotated Code of Maryland (1971 Replacement Volume and 1972 Supplement),
title "Health," subtitle "Adulteration of Food and Drink," subheading "Soft
Drinks," be and they are hereby repealed and re-eancted, with amendments, to
read as follows:

162.

No person, firm or corporation shall manufacture for sale within this State in
bottles, jugs or any other container any soft drink or other nonalcoholic beverage,
INCLUDING BOTTLED WATER, (except apple cider) without having first
applied for and having received a license from the [State Board of Health]
SECRETARY OF HEALTH AND MENTAL HYGIENE FOR EACH
MANUFACTURING PLANT. [Said] THE application shall contain the name of
the applicant, his address, and the location of his manufacturing plant or plants,
the name of the beverage or beverages manufactured, and such other pertinent
information as shall be prescribed by the [State Board of Health] SECRETARY
OF HEALTH AND MENTAL HYGIENE in pursuance of the provisions of this
section and §§163-174. The application shall be accompanied by a fee (of
twenty-five dollars ($25.00)] [[AS PROVIDED FOR HEREIN]] OF ONE
HUNDRED DOLLARS ($100.00). upon receipt of which application and fee the
[State Board of Health] DEPARTMENT OF HEALTH AND MENTAL
HYGIENE shall issue to [said] THE applicant a license for the manufacture of the
beverages mentioned in this section. [Said] THE license shall extend for one year
from the date of its issue, unless sooner revoked, as herein provided, and shall be
renewed annually thereafter. A license may be denied at the time of application if
the establishment of the applicant is known to be in an unsanitary condition or if
the water supply is known to be dangerously polluted. No soft drink or other
non-alcoholic beverage, INCLUDING BOTTLED WATER, (except apple cider)
[[[]]not manufactured in this State[[]]] shall be sold or offered for sale in the State
of Maryland, unless same is first inspected and registered with the [State Board of
Health] DEPARTMENT, and an inspection fee of [five dollars ($5.00)]
[[TWENTY DOLLARS ($20.00)]] TWENTY-FIVE DOLLARS ($25.00) for each
[[brand]] FLAVOR of such drink [[or other nonalcoholic beverage bearing a
distinguishing flavor or name]] shall be paid by [said] THE manufacturer, his
agent or dealer, to the [State Board of Health] DEPARTMENT, same to be
renewed annually. [;provided that no one manufacturer (either personally or