1870

LAWS OF MARYLAND

Ch. 240

In subsection (d)(2) of this section, the former
provision that related to food that contained red
dye number 2 and that was shipped before July 2,
1976, is deleted as obsolete.

4-211. CONTROL OF FOOD SUBJECT TO CONTAMINATION WITH
MICROORGANISMS.

(A)  APPLICATION OF SECTION.

BY THE ISSUANCE, DENIAL, OR SUSPENSION OF PERMITS AS
PROVIDED IN THIS SECTION, THE SECRETARY MAY REGULATE THE
DISTRIBUTION IN THIS STATE OF ANY CLASS OF FOOD THAT MAY BE
CONTAMINATED WITH MICROORGANISMS.

(B)  RULES AND REGULATIONS GOVERNING PERMIT
REQUIREMENTS.

(1)  THE SECRETARY SHALL ADOPT RULES AND
REGULATIONS THAT PROVIDE FOR THE ISSUANCE OF PERMITS TO FOOD
MANUFACTURERS, PROCESSORS, OR PACKERS IN ANY LOCALITY IF, ON
INVESTIGATION, THE SECRETARY FINDS:

(I)  THAT THE DISTRIBUTION IN THIS STATE OF
ANY CLASS OF FOOD MANUFACTURED, PROCESSED, OR PACKED IN THAT
LOCALITY MAY BE INJURIOUS TO HEALTH BECAUSE OF POSSIBLE
CONTAMINATION WITH MICROORGANISMS; AND

(II)  THAT THE DANGER IMPOSED BY THE FOOD
NORMALLY WOULD NOT BE DETERMINABLE AFTER THE FOOD HAS
ENTERED COMMERCE.

(2)  FOR WHATEVER TEMPORARY PERIOD OF TIME THAT
MAY BE NECESSARY, THE RULES AND REGULATIONS SHALL SPECIFY
THE CONDITIONS NECESSARY TO GOVERN THE MANUFACTURING,
PROCESSING, AND PACKING OF THE CLASS OF FOOD IN QUESTION IN
ORDER TO PROTECT THE PUBLIC FROM THE DANGERS IMPOSED BY THAT
FOOD. THESE CONDITIONS SHALL BE ATTACHED TO AND BE
CONSIDERED PART OF ANY PERMIT THAT IS ISSUED UNDER THIS
SECTION.

(C)  PROHIBITED ACTIONS.

A PERSON MAY NOT INTRODUCE OR DELIVER FOR INTRODUCTION
INTO COMMERCE IN THIS STATE ANY FOOD THAT WAS MANUFACTURED,
PROCESSED, OR PACKED BY AN ESTABLISHMENT THAT WAS REQUIRED
BY RULE OR REGULATION ADOPTED UNDER THIS SECTION TO HOLD A
PERMIT, UNLESS EACH MANUFACTURER, PROCESSOR, AND PACKER OF
THE FOOD HELD THE REQUIRED PERMIT.

(D)  RIGHT OF ENTRY; INSPECTIONS; DENIAL OF ACCESS.

(1) AT ANY REASONABLE TIME, A REPRESENTATIVE OF
THE SECRETARY MAY ENTER ANY ESTABLISHMENT THAT HOLDS A