HARRY HUGHES, Governor

1869

LABELING DOES NOT STATE CLEARLY THAT THE FOOD CONTAINS THAT
SPECIFIC COLORING.

(E) EXEMPTIONS BY RULES AND REGULATIONS.

(1)  IF, AS APPLIED TO A PARTICULAR FOOD,
COMPLIANCE WITH THE REQUIREMENT THAT EACH OF THE 2 OR MORE
INGREDIENTS IN THE FOOD BE SET FORTH IN ITS LABELING IS
IMPRACTICAL OR RESULTS IN DECEPTION OR UNFAIR COMPETITION,
THE SECRETARY SHALL ADOPT A RULE OR REGULATION THAT EXEMPTS
THAT FOOD PRODUCT FROM THE PROVISIONS OF SUBSECTION
(B)(7)(II) OF THIS SECTION.

(2)  IF, AS APPLIED TO A PARTICULAR FOOD PRODUCT,
IT IS IMPRACTICAL TO COMPLY WITH THE REQUIREMENT THAT THE
LABELING DISCLOSE THE PRESENCE OF AN ARTIFICIAL FLAVORING,
AN ARTIFICIAL COLORING, OR A CHEMICAL PRESERVATIVE, THE
SECRETARY SHALL ADOPT A RULE OR REGULATION THAT, TO THE
EXTENT APPROPRIATE, EXEMPTS THAT FOOD PRODUCT FROM ANY
APPROPRIATE PROVISION OF SUBSECTION (B)(9) OF THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 188C.

As to subsection (b)(1) of this section, which is
derived from former Article 43, § 188C(l)(ii),
the reference to conforming to former Article 43,
§ 191A is deleted as unnecessary. The former
reference to Article 43, § 191A added nothing to
the effect of the balance of former Article 43, §
188C(l)(ii).

In subsection (b)(4) of this section, the
reference in former Article 43, § 188C(5) to the
"label" of the food is deleted as unnecessary in
light of the use of the defined term "labeling".
Under § 4-101 of this title, "labeling" is
defined to include the "label".

Subsection (b)(7) of this section is derived from
the first clause of former Article 43, § 188C(8).
When read in conjunction with the lead-in
language of that section, former Article 43, §
188C(8) did not make sense. Research by the
Commission to Revise the Annotated Code indicated
that the first phrase of former Article 43, §
188C(8) was misdrafted. Rather than reading "not
subject to the provisions of this section ...",
it should have read "not subject to the
provisions of subsection (6) of this section".
The revision in subsection (b)(7) of this revised
section now references subsection (b)(5) of this
section, which is the correct reference under the
revision.