MARVIN MANDEL, Governor                                 1639

REVISOR'S NOTE: This section presently appears as
Art. 66C, §480 of the Code. In subsection
(a) new language is added to indicate that
the Secretary is required to begin
condemnation proceedings on request of any
person aggrieved by noncompliance. This
addition incorporates the requirements for
standing for judicial review as provided in
the Administrative Procedure Act; Art. 41,
§255(a).

In subsection (b), new language is added to
indicate that the Secretary may petition the
circuit court of any county, depending on
where the fertilizer is located. These are
the courts having jurisdiction in
condemnation proceedings.

The only other changes made are in style.

SEC. 6-215. OFFICIAL ANALYSIS PRIMA FACIE EVIDENCE OF
COMPOSITION.

IN ANY PROSECUTION UNDER THIS SUBTITLE RELATING TO
THE COMPOSITION OF A LOT 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. 66C,
§483(c) of the Code. A clause is added
providing for the signature of either the
Secretary or State Chemist for the
convenience of the department. This is not a
substantive change since the present statute
provides for the State Chemist's signature.
The reference to the Secretary is included
since all duties and responsibilities are
vested in him.

SEC. 6-216. REPORT OF VIOLATIONS FOR CRIMINAL
PROSECUTION; MINOR VIOLATIONS.

(A) REPORT OF VIOLATIONS FOR CRIMINAL
PROSECUTION.

THE STATE'S ATTORNEY TO WHOM ANY VIOLATION IS
REPORTED SHALL INSTITUTE APPROPRIATE JUDICIAL
PROCEEDINGS WITHOUT DELAY. BEFORE THE SECRETARY
REPORTS A VIOLATION FOR PROSECUTION, THE PERSON