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Session Laws, 1973, Special Session
Volume 710, Page 1582   View pdf image
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1582                                       LAWS OF MARYLAND                            [Ch. 6

TO BE SOLD". HOWEVER, IF A WRITTEN PERMIT IS OBTAINED
FROM THE SECRETARY, THE PESTICIDE MAY BE SOLD FOR
EXPERIMENTAL PURPOSES SUBJECT TO ANY RESTRICTION SET
FORTH IN THE PERMIT.

(E) EXEMPTED ARTICLES.

A PESTICIDE IS NOT IN VIOLATION OF THIS SUBTITLE,
IF IT IS INTENDED SOLELY FOR EXPORT TO A FOREIGN
COUNTRY, AND IF IT IS PREPARED OR PACKED ACCORDING TO
THE SPECIFICATIONS OR DIRECTIONS OF THE PURCHASER. IF
THE PESTICIDE IS NOT EXPORTED, ALL THE PROVISIONS OF
THIS SUBTITLE APPLY.

REVISOR'S NOTE: This section presently appears as
Art. 48, §135 of the Code. The only changes
made are in style.

SEC. 5-111. SEIZURE AND CONDEMNATION.

(A)     CONFISCATION BY PROCESS OF LIBEL FOR
CONDEMNATION.

ANY PESTICIDE DISTRIBUTED, SOLD, OFFERED FOR SALE,
DELIVERED FOR TRANSPORTATION, OR TRANSPORTED IN
INTRASTATE COMMERCE OR BETWEEN POINTS WITHIN THE STATE
THROUGH ANY POINT OUTSIDE OF THE STATE MAY BE
PROCEEDED AGAINST IN THE CIRCUIT COURT OF ANY COUNTY,
WHERE IT IS FOUND AND SEIZED FOR CONFISCATION BY LIBEL
OF INFORMATION, IF THE PESTICIDE:

(1)   IS ADULTERATED OR MISBRANDED;

(2)   IS NOT REGISTERED;

(3)     FAILS TO BEAR ON ITS LABEL THE
INFORMATION REQUIRED BY THIS SUBTITLE; OR

(4)   IS A WHITE POWDER PESTICIDE AND IS NOT
COLORED AS REQUIRED UNDER THIS SUBTITLE.

(B)   DISPOSITION OF CONDEMNED PESTICIDE.

AFTER ENTRY OF THE DECREE OF CONDEMNATION, THE
PESTICIDE SHALL BE DESTROYED OR SOLD, AS THE COURT
DIRECTS. IF THE PESTICIDE IS SOLD, THE PROCEEDS, LESS
LEGAL COSTS, SHALL BE PAID TO AND DEPOSITED IN THE
[[SPECIAL]] FUND ESTABLISHED IN §5-103, THE PESTICIDE
MAY NOT BE SOLD CONTRARY TO THE PROVISION OF THIS
SUBTITLE. UPON PAYMENT OF COSTS AND EXECUTION AND
DELIVERY OF A GOOD AND SUFFICIENT BOND CONDITIONED

 

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Session Laws, 1973, Special Session
Volume 710, Page 1582   View pdf image
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