MARVIN MANDEL, Governor                                      1531

state inspection acts are proposed for
deletion because they are unnecessary.

Subsection (b) presently appears as Article
43, §197—5(b). The only other changes made
are in style.

SEC. 4-205. INSPECTION OF OFFICIAL POULTRY PROCESSING
ESTABLISHMENTS; CONDEMNATION.

(A) INSPECTION.

AT ANY OFFICIAL ESTABLISHMENT, THE SECRETARY MAY
PERFORM THE FOLLOWING ACTS:

(1)    ANTEMORTEM INSPECTION,

(2)    POSTMORTEM INSPECTION, AND

(3)    QUARANTINE, SEGREGATION, AND
REINSPECTION.

(E) CONDEMNATION; EXCEPTION.

EVERY POULTRY CARCASS, PART OF IT, OR OTHER
POULTRY PRODUCT FOUND TO BE ADULTERATED IN ANY
OFFICIAL ESTABLISHMENT SHALL BE CONDEMNED. IF NO
APPEAL IS TAKEN FROM THE DETERMINATION OF
CONDEMNATION, EVERY ADULTERATED ARTICLE SHALL BE
DESTROYED FOR HUMAN FOOD PURPOSES UNDER THE
SUPERVISION OF THE INSPECTOR IN THE MANNER THE RULES
AND REGULATIONS PRESCRIBE. HOWEVER, ANY ARTICLE WHICH
MAY BE REPROCESSED SO THAT IT IS NOT ADULTERATED NEED
NOT BE CONDEMNED [[IT]] IF IT IS REPROCESSED UNDER THE
SUPERVISION OF AN INSPECTOR AND FOUND NOT TO BE
ADULTERATED.

(C) APPEAL OF A DETERMINATION OF CONDEMNATION.

IF AN APPEAL TO THE SECRETARY IS TAKEN FROM A
DETERMINATION OF CONDEMNATION, THE ARTICLE SHALL BE
HARKED APPROPRIATELY AND SEGREGATED PENDING AN APPEAL
INSPECTION. IF THE SECRETARY DETERMINES THAT THE
APPEAL IS FRIVOLOUS, THE APPELLANT SHALL BEAR ANY COST
OF THE APPEAL INSPECTION. IF THE DETERMINATION IS
SUSTAINED, THE ARTICLE SHALL BE DESTROYED FOR HUMAN
FOOD PURPOSES IN ACCORDANCE WITH THIS SECTION.

REVISOR'S NOTE: This section is new language
derived from Art. 43, §197-7 of the Code.
Subsection (a) is derived from §197-7(a)