MARVIN MANDEL, Governor                                      1535

Subsection (c) presently appears as Art.
43, §197-9(b) of the Code- The provision
setting forth the legislative intent of
this subsection is proposed for deletion
because the declaration of legislative
intent in §4—202 applies to the entire
subtitle. The last phrase is proposed for
deletion. The U.S. Constitution prohibits
a state from enacting a law that is less
restrictive than the federal law regulating
the same subject matter. The State, of
course, may enact a law more restrictive
than the federal law. This deletion is
proposed to avoid an interpretation that
this provision prohibits the Secretary from
adopting rules and regulations more
restrictive than the federal rules and
regulations.

The only other changes made are in style.

SEC. 4-210. SECRETARY MAY SET CONDITIONS LIMITING
ENTRY INTO OFFICIAL ESTABLISHMENT.

THE SECRETARY MAY PRESCRIBE CONDITIONS LIMITING
THE ENTRY OF POULTRY PRODUCTS AND OTHER MATERIALS INTO
ANY OFFICIAL ESTABLISHMENT TO ASSURE THAT ENTRY IS
CONSISTENT WITH THE PURPOSES OF THE SUBTITLE.

REVISOR'S NOTE: This section presently appears as
Art. 43, §197-17. The only changes made
are in style.

SEC. 4-211. USE OF FALSE, MISLEADING, OR UNAPPROVED
NAMES, MARKINGS, LABELS, OR CONTAINERS PROHIBITED.

(A)    FALSE OR MISLEADING MARKING OR LABELING
PROHIBITED.

NO PERSON MAY SELL, OFFER FOR SALE, OR DONATE ANY
ARTICLE SUBJECT TO THIS SUBTITLE UNDER ANY FALSE OR
MISLEADING NAME, 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, OTHER MARKING, LABELING, AND CONTAINERS
APPROVED BY THE SECRETARY ARE PERMITTED.

(B)   WITHHOLDING MARKING OR LABELING BELIEVED
FALSE OR MISLEADING; HEARING; APPEAL FROM SECRETARY'S
DETERMINATION.