164                                        LAWS OF MARYLAND                                Ch. 102

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved April 26, 1973.

CHAPTER 103
(Senate Bill 753)

AN ACT to repeal and re-enact, with amendments, Sections 56(a), 83, and 96 of
Article 48 of the Annotated Code of Maryland (1971 Replacement Volume and
1972 Supplement), title "Inspections," subtitles, respectively, "State Tobacco
Authority," "Secretary of Agriculture," and '"The Yellows'"; to correct
certain errors in the laws relating generally to inspections.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 56(a), 83, and 96 of Article 48 of the Annotated
Code of Maryland (1971 Replacement Volume and 1972 Supplement), title
"Inspections," subtitles, respectively, "State Tobacco Authority," "Secretary of
Agriculture," and "'The Yellows"'; are hereby repealed and re-enacted, with
amendments, to read as follows:

56.

(a) The Tobacco Authority of the State of Maryland, hereinafter referred to as
the Authority, is hereby created as part of the Department of Agriculture and
constituted a body corporate, with authority to have and use a common seal, to
sue and be sued in a court of law, and to DO any and all things as empowered by
this subtitle or reasonably necessary and proper for accomplishing the purposes
thereof, subject to the authority of the Secretary of Agriculture as set forth in
Article 41 of this Code or elsewhere in the laws of Maryland.

83.

Whenever any agent of a transportation company, firm or person shall receive a
carload, box, bale or package of trees, plants, shrubs, vines, buds or cuttings,
without a certificate attached, as provided for in [§ 901 § 82 of this subtitle, and
shall fail to notify the Secretary of Agriculture of this fact immediately upon the
arrival of such nursery stock, and before delivering the same to the consignee, said
agent of the transportation company, firm or person shall be adjudged guilty of a
misdemeanor, and shall upon conviction before a court be fined a sum not less
than ten dollars ($10) nor more than one hundred dollars ($100) and costs of
prosecution for each and every offense. If any nurseryman, dealer or agent sell,
ship or deliver any trees, plants, shrubs or vines into or in this State, which are
infected with San Jose scale, peach yellow, pear blight or other injurious diseases,
and upon examination by the Secretary of Agriculture, are condemned by being so
infected, the said trees, plants, vines and shrubs shall be destroyed, and the
nurseryman, dealer or agent shall forfeit the value of such stock and shall not
collect the same from the purchaser or consignee.

96.

The Secretary of Agriculture shall examine or cause to be examined any trees
or fruit supposed to be infected with the disease known as "the yellows" and if the
disease is found after such examination to exist, a distinguishing mark shall be