MARVIN MANDEL, Governor                                      1573

to §5-102. The reference to "due" public
hearings is proposed for deletion because
under the Administrative Procedure Act
specific hearing procedures are provided
which are designed to comply with the
constitutional due process requirements of
the Fourteenth Amendment.

Subsection (b) is new language derived from
the last sentence of Art. 48, §133(a).

Subsection (c) presently appears as Art. 48,
§133 (c) of the Code.

The only other changes made are in style.
SEC. 5-105. REGISTRATION OF PESTICIDES.
(A) ANNUAL REGISTRATION REQUIRED.

EXCEPT AS PROVIDED IN SUBSECTION (G) , ANY PERSON
WHO DESIRES TO DISTRIBUTE, SELL, OFFER FOR SALE,
DELIVER FOR TRANSPORTATION, OR TRANSPORT ANY PESTICIDE
IN INTRASTATE COMMERCE OR BETWEEN POINTS IN THE STATE
THROUGH ANY POINT OUTSIDE THE STATE, FIRST SHALL
REGISTER THE PESTICIDE WITH THE SECRETARY. THE
REGISTRATION FOR EACH PESTICIDE SHALL BE RENEWED BY
JANUARY 1 OF THE YEAR IN WHICH REGISTRATION IS MADE.

(E) STATEMENT OF APPLICANT.

EACH APPLICANT SHALL FILE WITH THE SECRETARY A
STATEMENT LISTING:

(1)    THE NAME AND ADDRESS OF EACH APPLICANT
AND THE NAME AND ADDRESS OF THE PERSON WHOSE NAME WILL
APPEAR ON THE LABEL, IF OTHER THAN THE REGISTRANT;

(2)   THE NAME OF THE PESTICIDE;

(3)    A COMPLETE COPY OF THE LABELING
ACCOMPANYING THE PESTICIDE AND A STATEMENT OF EVERY
CLAIM TO BE MADE FOR IT, INCLUDING DIRECTIONS FOR USE;

AND

(4)    A FULL DESCRIPTION OF EVERY TEST
CONDUCTED AND THE RESULTS UPON WHICH ANY CLAIM IS
BASED, IF REQUESTED BY THE SECRETARY.

(C) SEPARATE APPLICATIONS; RENEWAL STATEMENT.