MARVIN MANDEL, Governor                                 1579

REVISOR'S NOTE: This section presently appears as
Art. 48, §132(d) of the Code. In subsections
(a) and (b), the provisions that permit the
department to refuse, suspend, or cancel
registration for any pesticide that "does not
appear" to warrant the claims made for it is
proposed for deletion. These provisions are
revised to permit the department to refuse,
suspend or cancel registration for any
pesticide the department determines does not
comply with the statute. Present references
to "the State Chemist" are proposed for
deletion for the reasons set forth in the
revisor's note to §5—102.

In subsection (b) new language, derived from
§132(a), is added to permit the Secretary to
cancel or suspend registration if "other
material required to be submitted" does not
comply with the subtitle.

In subsection (d) the present provision
allowing a person 60 days in which to appeal
is proposed for deletion and a 30 day period
is substituted to maintain consistency with
other previsions of this Article.

In subsection (e), the last sentence is
revised to incorporate the guidelines
governing the scope of judicial review.

The only other changes made are in style.

SEC. 5-108. REMOVAL FROM SALE OF ADULTERATED,
MISBRANDED PESTICIDE.

THE SECRETARY, BY WRITTEN ORDER, MAY REMOVE FROM
SALE ANY PESTICIDE WHICH IS ADULTERATED, MISBRANDED,
OR BEARS DESIGNATION IDENTIFYING IT WITH A SIMILARLY
IDENTIFIED PRODUCT WHICH IS KNOWN TO BE ADULTERATED OR
MISBRANDED, OR HAS BEEN FOUND TO CONTAMINATE THE
ENVIRONMENT BY FEDERAL OR STATE AUTHORITIES. A PERSON
MAY NOT DISPOSE OF REMOVED MATERIAL IN ANY MANNER
WITHOUT WRITTEN CONSENT OF THE SECRETARY, THE CIRCUIT
COURT OF THE COUNTY IN WHICH THE PRODUCT IS FOUND, OR
THE BALTIMORE CITY COURT, IF THE PESTICIDE IS FOUND IN
BALTIMORE CITY.

REVISOR'S NOTE: This section presently appears as
Art. 48, §134(d) of the Code. The present
references to the "State Chemist" are