MARVIN MANDEL, Governor                                 1505

NO PERSON MAY SELL, OFFER FOR SALE, OF DONATE IN
INTRASTATE COMMERCE ANY ARTICLE, SUBJECT TO THIS
SUBTITLE, UNDER ANY FALSE OR MISLEADING NAME, OTHER
MARKING, OR LABELING OR IN ANY CONTAINER OF A
MISLEADING FORM OR SIZE. IN ADDITION TO ANY OTHER
PROVISION OF THIS SUBSECTION, ESTABLISHED TRADE NAMES
APPROVED BY THE SECRETARY ARE PERMITTED.

(E) SECRETARY MAY WITHHOLD USE.

IF THE SECRETARY BELIEVES THAT ANY MARKING,
LABELING, OR SIZE, OR FORM OF ANY CONTAINER, IN USE OR
PROPOSED FOR USE WITH RESPECT TO ANY ARTICLE SUBJECT
TO THIS SUBTITLE, IS FALSE OR MISLEADING IN ANY
PARTICULAR, HE MAY DIRECT THAT THE USE BE WITHHELD
UNLESS THE MARKING, LABELING, OR CONTAINER IS MODIFIED
IN A MANNER AS MAY BE PRESCRIBED SO THAT IT IS NOT
FALSE OR MISLEADING. IF THE PERSON USING OR PROPOSING
TO USE THE MARKING, LABELING, OR CONTAINER DOES NOT
ACCEPT THE DETERMINATION OF THE SECRETARY, HE MAY
REQUEST A HEARING BEFORE THE SECRETARY. THE SECRETARY
MAY WITHHOLD USE OF THE MASKING, LABELING, OR
CONTAINER PENDING HEARING AND FINAL DETERMINATION BY
THE SECRETARY. THE DETERMINATION OF THE SECRETARY IS
CONCLUSIVE UNLESS, WITHIN 30 DAYS AFTER RECEIPT OF
NOTICE OF THE FINAL DETERMINATION, THE PERSON
ADVERSELY AFFECTED APPEALS IN ACCORDANCE WITH THE
PROCEDURES OF THE ADMINISTRATIVE PROCEDURE ACT.

REVISOR'S NOTE: Subsection (a) is new language
derived from Art. 66C, §470H(c) of the Code
which is proposed for deletion here.
Language is added to indicate that the
prohibitions of this section relate to sale
and distribution "in intrastate commerce"
to maintain consistency with the
declaration of legislative intent set forth
in §4-102.

Subsection (b) presently appears as Art.
66C, §470H(d) of the Code. The present
reference to Art. 41, §255 is proposed for
deletion and a reference to the
Administrative Procedure Act is substituted
therefor. This act governs administrative
appeals.

The only other changes made are in style.
SEC. 4-116. PRODUCTS PREPARED WITHOUT SUPERVISION OF