1866

LAWS OF MARYLAND

Ch. 240

(2)  IT CONTAINS ANY NONNUTRITIVE SUBSTANCE OTHER
THAN A SAFE SUBSTANCE:

(I)  THAT IS IN OR ON THE CONFECTIONERY
BECAUSE OF SOME PRACTICAL FUNCTIONAL PURPOSE IN THE
MANUFACTURE, PACKAGING, OR STORING OF THE CONFECTIONERY; AND

(II)  THE USE OF WHICH DOES NOT PROMOTE
DECEPTION OF THE CONSUMER OR OTHERWISE RESULT IN ANY
ADULTERATION OR MISBRANDING IN VIOLATION OF THIS SUBTITLE;
OR

(3)  IT CONTAINS ANY ALCOHOL:

(I)  IN EXCESS OF 0.5 PERCENT BY VOLUME; OR

(II)  DERIVED FROM ANYTHING BUT FLAVORING
EXTRACTS.

(B) EXCEPTIONS; RULES AND REGULATIONS.

(1)  IF, IN THE JUDGMENT OF THE SECRETARY, A
NONNUTRITIVE OBJECT IS OF PRACTICAL, FUNCTIONAL VALUE TO A
CONFECTIONERY FOOD PRODUCT AND ITS USE IS NOT INJURIOUS OR
HAZARDOUS TO HEALTH, THE SECRETARY MAY ADOPT A RULE OR
REGULATION THAT PERMITS AN EXCEPTION TO SUBSECTION (A)(1) OF
THIS SECTION, REGARDING NONNUTRITIVE OBJECTS.

(2)  TO AVOID OR RESOLVE UNCERTAINTY, THE
SECRETARY MAY BY RULE OR REGULATION:

(I)  INTERPRET SUBSECTION (A)(2) OF THIS
SECTION AS THAT SUBSECTION APPLIES TO USE OF A PARTICULAR
NONNUTRITIVE SUBSTANCE; AND

(II)  ALLOWS OR PROHIBITS THE USE OF THE
PARTICULAR NONNUTRITIVE SUBSTANCE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 188B(3), except item (iv) of that
paragraph.

4-210. MISBRANDED FOOD.

(A)  APPLICATION OF SECTION.

FOR PURPOSES OF THIS SUBTITLE, A FOOD IS CONSIDERED TO
BE MISBRANDED UNDER ANY CONDITION SPECIFIED IN THIS SECTION.

(B)  IN GENERAL.

A FOOD IS MISBRANDED IF: