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Session Laws, 1981
Volume 741, Page 448   View pdf image
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448

LAWS OF MARYLAND

Ch.8

(1)  ANY NONPRESCRIPTION DRUG, MEDICINE, OR
DEVICE;

(2)  ANY COMMONLY USED HOUSEHOLD OR DOMESTIC
REMEDY; OR

(3)  ANY FARM REMEDY OR INGREDIENT FOR A SPRAYING
SOLUTION, IN BULK OR OTHERWISE.

REVISOR'S NOTE: Subsection (a) of this section is new
language added to reflect more accurately the
state of the present law and to conform to the
language used in similar provisions in other
titles of this article.

Subsections (b) and (c) of this section are new
language derived without substantive change from
the first clause of the second sentence of Art.
43, § 249 and from Art. 43, § 271.

In subsection (b) of this section, the term
"authorized prescriber" — which is defined in §
12-101 of this subtitle — is substituted for the
present reference to "physicians and dentists".
Although the substituted term is broader than the
present reference, it reflects and gives effect
to the intent behind the present provision. See
the General Revisor's Note to this title.

Also in subsection (b) of this section, the
reference to preparing a prescription is
substituted for the present reference to
compounding a prescription to conform with the
terminology used in the definition of "practice
pharmacy" in § 12-101 of this subtitle.

In subsection (c) of this section, the term
"nonprescription drug, medicine, or device" is
substituted for "proprietary or patent medicines"
to conform with current usage.

Also as to subsection (c) of this section, the
present qualifications as to the packaging,
labeling, and place of consumption of the
household, domestic, or farm remedies, and the
ingredients for spraying solutions, are deleted
as unnecessary and misleading. Regardless of the
seller's compliance with these qualifications,
this title in no way purports to regulate the
sale of these items.

The Commission to Revise the Annotated Code
suggests that the General Assembly consider
repealing subsection (c)(3) of this section,
which provides that this title does not limit the
right of a general merchant to sell "any farm

 

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Session Laws, 1981
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