HARRY HUGHES, Governor

757

section to delete its present subsections (a)(1)
through (3) and (b). Those present subsections
now appear in Title 14 of the Health Occupations
Article. This section also was restated since
present subsection (a)(4) was the only item
remaining in the section.

272.

(A)  "DRUG" DEFINED.

IN THIS SECTION, "DRUG" DOES NOT INCLUDE SURGICAL OR
DENTAL INSTRUMENTS, PHYSICAL THERAPY EQUIPMENT, X-RAY
APPARATUS, THEIR COMPONENT PARTS OR ACCESSORIES.

(B)  PROHIBITED ACTS; EXCEPTIONS.

It shall be unlawful for any person, copartnership,
association or corporation to sell, distribute, vend or
otherwise dispose of any drug, medicine or pharmaceutical or
medical preparation by means of a vending machine,
automatically operated coin machine, or other similar
device; provided, however, that, whenever the State Board of
Health determines that a specified commodity is not
deleterious or injurious to public health and safety and the
dispensing of such specified commodity from such a machine
or device is approved by such Board and a permit issued by
it for the dispensing of such specified commodity from such
a machine or device, the provisions of this section shall
not be applicable as to such permitted and approved
specified commodity.

(C)  PENALTIES.

Any person, copartnership, association or corporation
that shall violate this section shall, upon conviction, be
deemed guilty of a misdemeanor and fined not more than one
hundred dollars ($100.00) for each offense, and each and
every day such violation continues shall constitute a
separate and distinct offense.

REVISOR'S NOTE: Ch. ____, Acts of 1981, which enacted

the Health Occupations Article, also amended this
section to add a new subsection (a) to this
section, to designate the present first sentence
in the section as subsection (b), and to
designate the present last sentence in the
section as subsection (c).

Subsection (a) of this section is new language
derived without substantive change from the
penultimate paragraph of present Art. 43, §
250(a), which, inter alia, defines "drug" as that
term is used in this section. Since present Art.
43, § 250(a) now appears in Title 12 of the
Health Occupations Article, the definition of
"drug" is restated in subsection (a) of this
section.