MARVIN MANDEL, Governor                                     1577

ARSENATE, BASIC LEAD ARSENATE, CALCIUM ARSENATE,
MAGNESIUM ARSENATE, ZINC ARSENATE, ZINC ARSENITE,
SODIUM FLUORIDE, SODIUM FLUOSILICATE, AND BARIUM
FLUOSILICATE SHALL BE DISTINCTLY COLORED OR
DISCOLORED, AS PROVIDED BY THE RULES AND REGULATIONS
ISSUED UNDER THIS SUBTITLE. ANY OTHER WHITE POWDER
SHALL BE DISTINCTLY COLORED OR DISCOLORED PURSUANT TO
DEPARTMENTAL RULES AND REGULATIONS, IF THE SECRETARY
REQUIRES THIS ACTION AFTER INVESTIGATION AND PUBLIC
HEARING ON THE FEASIBILITY OF COLORATION OR
DISCOLORATION AND ON THE NECESSITY FOR THIS ACTION FOR
THE PROTECTION OF THE PUBLIC HEALTH. HOWEVER, THE
SECRETARY MAY EXEMPT ANY PESTICIDE, TO THE EXTENT THAT
IT IS INTENDED FOR A PARTICULAR USE, FROM THE COLORING
OR DISCOLORING REQUIREMENTS OF THIS SECTION, IF [[IT]]
HE DETERMINES THAT COLORING OR DISCOLORING FOR THE USE
IS NOT NECESSARY FOR THE PROTECTION OF THE PUBLIC
HEALTH.

REVISOR'S NOTE: This section is new language
derived from Art. 48, §131 (a) (2), (3), and
(4) of the Code. These provisions require
each seller or distributor in intrastate
commerce to comply with certain packaging,
labeling, or coloring requirements.
Consequently, these provisions are
affirmative in nature and do not merely set
forth prohibited acts. If a person fails to
comply with these requirements, under the
uniform penalty provisions of this Article he
has committed a violation of the Article and
is subject to its penalties.

SEC. 5-107. NON-COMPLYING PESTICIDES.

(A)   REFUSAL OF REGISTRATION.

IF THE SECRETARY DETERMINES THAT ANY PESTICIDE
DOES NOT WARRANT ANY PROPOSED CLAIM FOR IT OR THAT THE
PESTICIDE, ITS LABELING, OR OTHER MATERIAL REQUIRED TO
BE SUBMITTED DO NOT COMPLY WITH THE PROVISIONS OF THIS
SUBTITLE, HE SHALL NOTIFY THE APPLICANT OF THE MANNER
IN WHICH THE PESTICIDE, LABELING, OR OTHER REQUIRED
MATERIAL FAILS TO COMPLY WITH THE SUBTITLE, TO AFFORD
THE APPLICANT AN OPPORTUNITY TO MAKE ANY NECESSARY
CORRECTION. IF THE APPLICANT DOES NOT MAKE THE
CORRECTION UPON RECEIVING NOTICE, THE SECRETARY MAY
REFUSE TO REGISTER THE PESTICIDE.

(B)   SUSPENSION OR CANCELLATION OF REGISTRATION.