1734                                       LAWS OF MARYLAND                            [Ch. 6

REQUIREMENTS OF THIS SUBTITLE DO NOT APPLY TO BREEDER
AND FOUNDATION GENERATIONS OF TUFF-GRASS VARIETY AT
THE MARYLAND AGRICULTURE EXPERIMENT STATION.

REVISOR'S NOTE: This section is new language
derived from Art. 66C, §64E(a)(2) of the Code
and set forth here for organizational
purposes. The present provision refers to
turf grass "developed and released by the
Maryland Agriculture Experiment Station".
This reference is omitted because the
Department believes that their exemption only
applies to the grass at the Station. All
grass distributed by the Station is subject
to this subtitle.

SEC. 9-109. PROSECUTION OF VIOLATIONS.

IF THE SECRETARY HAS REASON TO BELIEVE THAT ANY
PERSON HAS VIOLATED ANY PROVISION OF THIS SUBTITLE, HE
MAY INSTITUTE JUDICIAL PROCEEDINGS IN THE COUNTY IN
WHICH THE VIOLATION OCCURRED. THE SECRETARY MAY FILE
INFORMATION WITH THE ATTORNEY GENERAL FOR PROSECUTION.
HOWEVER, NO PROSECUTION UNDER THIS SUBTITLE MAY BE
INSTITUTED WITHOUT FIRST AFFORDING THE PERSON AGAINST
WHOM PROCEEDINGS ARE CONTEMPLATED AN OPPORTUNITY TO
APPEAR PERSONALLY OR BY COUNSEL BEFORE THE SECRETARY
TO INTRODUCE EVIDENCE.

REVISOR'S NOTE: This section presently appears as
Art. 66C, §64F of the Code. The first
sentence is proposed for deletion because it
is superseded by the uniform penalty
provision of this Article. The present
reference to a "court of competent
jurisdiction" is proposed for deletion as
unnecessary. The present reference to
"defendant" is proposed for deletion and
"person against whom proceedings are
contemplated" is substituted because there is
no defendant until proceedings are
instituted. The reference to the hearing
officer of the Board of Agriculture is
proposed for deletion because it is obsolete.
The only other changes made are in style.

SEC. 9-110. SHORT TITLE.

THIS SUBTITLE SHALL BE CITED AS THE MARYLAND TURF
GRASS LAW.