1622 LAWS OF MARYLAND [Ch. 6
PROVISIONS OF THIS SUBTITLE AND ORDERS THE
CONDEMNATION, THE COMMERCIAL FEED SHALL BE DISPOSED OF
IN ANY MANNER CONSISTENT WITH THE QUALITY OF THE
COMMERCIAL FEED AND THE LAWS OF THE STATE. THE COURT
MAY NOT DISPOSE OF THE COMMERCIAL FEED WITHOUT FIRST
GIVING THE CLAIMANT AN OPPORTUNITY TO APPLY TO THE
COURT FOR RELEASE OF IT OR FOR PERMISSION TO PROCESS
OR RELABEL THE COMMERCIAL FEED SO THAT IT COMPLIES
WITH THE PROVISIONS OF THIS SUBTITLE.
REVISOR'S NOTE: This section presently appears as
Art. 48, §126(a) and (b) of the Code. In
subsection (a), the present reference that
requires the State Chemist to begin
condemnation proceedings "upon request" is
proposed for deletion as obsolete. This
provision is a remnant of the days when the
State Chemist was under the jurisdiction of
the Board of Agriculture and provides a
mechanism whereby the Board could force the
State Chemist to begin condemnation
proceedings.
In subsection (b), new language is added to
indicate that the Secretary may petition the
circuit court of any county where the feed is
located. This provision includes Baltimore
City because under Art. 1, §14 and §1-101(b),
a reference to county includes Baltimore
City. These are the courts having
jurisdiction in condemnation proceedings.
The only other changes made are in style.
SEC. 6-114. OFFICIAL ANALYSIS PRIMA FACIE EVIDENCE OF
COMPOSITION.
IN ANY PROSECUTION UNDER THIS SUBTITLE RELATING TO
THE COMPOSITION OF COMMERCIAL FEED, A CERTIFIED COPY
OF THE OFFICIAL ANALYSIS SIGNED BY THE SECRETARY OR
THE STATE CHEMIST IS PRIMA FACIE EVIDENCE OF THE
COMPOSITION.
REVISOR'S NOTE: This section is new language
derived from the last sentence of Art. 48,
§127(a) of the Code. A clause is added
providing for either the signature of the
Secretary or the State Chemist for the
convenience of the Department. The reference
to the Secretary is included since all duties
and responsibilities under this Article are
vested in him.
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