HARRY HUGHES, Governor

1863

REVISOR'S NOTE: This section is new language derived
without substantive change from the second clause
of former Article 43, § 187A(j), which formerly
appeared as part of the definition of the word
"label". However, since this provision clearly
was not part of that definition, but rather a
rule for interpreting requirements imposed under
this subtitle, it is not retained as an element
of the definition of "label" in § 4-101 of this
subtitle. Instead, it is revised as an
affirmative rule of construction that relates to
labeling requirements.

4-204. CONSTRUCTION OF REPRESENTATIONS THAT DRUG IS
ANTISEPTIC.

UNLESS THE DRUG IS PURPORTED TO BE AN ANTISEPTIC FOR
INHIBITORY USE AS A WET DRESSING, OINTMENT, OR DUSTING
POWDER, OR AS SOME OTHER SUBSTANCE THAT INVOLVES PROLONGED
CONTACT WITH THE BODY, THE REPRESENTATION OF ANY DRUG, IN
ITS LABELING OR IN AN ADVERTISEMENT, AS AN ANTISEPTIC SHALL
BE CONSIDERED TO BE A REPRESENTATION THAT THE DRUG IS A
GERMICIDE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 187A(g).

4-205. IMPUTATION OF ACT OR OMISSION.

FOR PURPOSES OF THE CONSTRUCTION AND ENFORCEMENT OF
THIS SUBTITLE, AN ACT OR OMISSION OF ANY OFFICER, AGENT,
EMPLOYEE, OR OF ANY OTHER PERSON ACTING FOR OR EMPLOYED BY
ANY CORPORATION, COMPANY, SOCIETY, OR ASSOCIATION, SHALL BE
CONSIDERED TO BE THE ACT OR OMISSION OF THE CORPORATION,
COMPANY, SOCIETY, OR ASSOCIATION, AS WELL AS OF THE PERSON.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second clause
of former Article 43, § 196.

The first clause of former Article 43, § 196,
which defined "person", is deleted as unnecessary
in light of the definition of "person" in § 1-101
of this article.

The General Assembly may wish to consider
repealling this section, which, for most purposes,
merely restates a well-established rule of the
law of agency. To the extent that this section
is broader than established agency principles, it
may be broader than the General Assembly intended
it to be.