MARVIN MANDEL, Governor                                      1583

THAT THE PESTICIDE MAY NOT BE DISPOSED OF UNLAWFULLY,
THE COURT MAY ORDER THE PESTICIDE DELIVERED TO ITS
OWNER FOR RELABELING OR REPROCESSING.

(C) COSTS. FEES AND EXPENSES.

IF A DECREE OF CONDEMNATION IS ENTERED AGAINST THE
PESTICIDE, COURT COSTS, FEES, STORAGE, AND OTHER
PROPER EXPENSES SHALL BE AWARDED AGAINST ANY PERSON,
INTERVENING AS CLAIMANT OF THE PESTICIDE.

REVISOR'S NOTE: This section presently appears as
Art. 48, §137 of the Code. In subsection (a)
the present reference to the "proper court in
any county of the State or Baltimore City" is
proposed for deletion and a reference to "the
circuit court of any county" is added because
these courts have jurisdiction in these
cases. The present reference to Baltimore
City is proposed for deletion because under
Art. 1, §14, a reference to "county" includes
Baltimore City. New language also is added
to indicate that the petition used for
condemnation proceedings is a libel of
information. The only other changes made are
in style.

SEC. 5-112. ENFORCEMENT.

(A)    EXAMINATIONS OF PESTICIDES; NOTICE TO
REGISTRANT.

THE SECRETARY SHALL EXAMINE PESTICIDES TO
DETERMINE WHETHER THEY COMPLY WITH THE REQUIREMENTS OF
THIS SUBTITLE. IF IT APPEARS FROM THE EXAMINATION
THAT A PESTICIDE FAILS TO COMPLY WITH THE PROVISIONS
OF THIS SUBTITLE, AND THE SECRETARY CONTEMPLATES
INSTITUTING CRIMINAL PROCEEDINGS AGAINST ANY PERSON,
HE SHALL GIVE APPROPRIATE NOTICE TO THE PERSON. ANY
PERSON RECEIVING NOTICE SHALL BE GIVEN AN OPPORTUNITY
TO PRESENT HIS VIEWS, ORALLY OR IN WRITING, WITH
REGARD TO THE CONTEMPLATED PROCEEDINGS.

(B)       REPORT OF VIOLATIONS FOR CRIMINAL
PROSECUTION.

IF THE SECRETARY DETERMINES THAT THE PROVISIONS OF
THE SUBTITLE HAVE BEEN VIOLATED BY THE PERSON, HE
SHALL REFER THE FACTS TO THE STATE'S ATTORNEY FOR THE
COUNTY IN WHICH THE VIOLATION HAS OCCURRED WITH A COPY
OF THE RESULTS OF THE ANALYSIS OR THE EXAMINATION OF