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Session Laws, 1973, Special Session
Volume 710, Page 1743   View pdf image
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MARVIN MANDEL, Governor                                    1743

because it duplicates the provisions of
§2-103 ana §2-104.

The reference to herb is added in this and
subsequent sections because this subtitle
also is intended to apply to herbs.

The present references to "due" public notice
in paragraphs (3), (4), and (5) are proposed
for deletion and "reasonable" public notice
is substituted to avoid disparate
interpretations surrounding the concept of
"due" notice.

In paragraph (4), the present provision
authorizing the Secretary" to add to or
subtract" from the rules and regulations is
proposed for deletion because both concepts
are encompassed within the word "amend".

Section 157(b) (1) and (2) are proposed for
deletion because they appear as new language
in §9-203.

The only other changes made are in style.

SEC. 9-203. FIGHT OF ENTRY; ISSUANCE AND ENFORCEMENT
OF "STOP SALE" ORDER.

(A)   RIGHT OF ENTRY.

THE SECRETARY MAY ENTER UPON ANY   PRIVATE OR PUBLIC

PREMISES DURING REGULAR BUSINESS      HOURS IN ORDER TO

HAVE ACCESS TO SEEDS SUBJECT TO THIS   SUBTITLE OR ANY
RULE OR REGULATION ADOPTED UNDER IT.

(B)    ISSUANCE AND ENFORCEMENT OF STOP SALE ORDER.

THE SECRETARY MAY ISSUE AND ENFORCE A WRITTEN OR
PRINTED STOP SALE ORDER TO THE OWNER OR CUSTODIAN OR
ANY LOT OF SEED THE SECRETARY FINDS IN VIOLATION OF
ANY PROVISION OF THIS SUBTITLE. THE ORDER PROHIBITS
SALE OF THE SEED UNTIL THE SECRETARY HAS EVIDENCE THAT
THE SEED IS IN COMPLIANCE WITH THE LAW.

REVISOR'S NOTE: This section is new language
derived from Art. 18, §157(b)(1) and (2) of
the Code. These subsections are revised so
that they are discretionary in nature.
Subsection (a) derived from §157(b) (1) is a
provision that generally is discretionary.

 

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Session Laws, 1973, Special Session
Volume 710, Page 1743   View pdf image
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