HARRY HUGHES, Governor

1871

PERMIT ISSUED UNDER THIS SECTION AND INSPECT THE
ESTABLISHMENT TO DETERMINE IF IT IS IN COMPLIANCE WITH THE
PERMIT CONDITIONS.

(2) IF ACCESS FOR INSPECTION IS DENIED TO A
REPRESENTATIVE OF THE DEPARTMENT WHO IS ACTING UNDER THIS
SUBSECTION, THE SECRETARY MAY SUSPEND THE PERMIT OF THE
ESTABLISHMENT INVOLVED UNTIL ACCESS IS ALLOWED.

(E) SUSPENSION OF PERMIT FOR FAILURE TO COMPLY WITH
PERMIT CONDITIONS; REINSTATEMENT.

(1)   IF THE SECRETARY FINDS THAT AN ESTABLISHMENT
HAS VIOLATED ANY CONDITION OF A PERMIT ISSUED UNDER THIS
SECTION, THE SECRETARY MAY SUSPEND THE PERMIT IMMEDIATELY
AFTER GIVING NOTICE TO THE PERMIT HOLDER.

(2)  THE HOLDER OF A SUSPENDED PERMIT MAY APPLY
TO THE SECRETARY AT ANY TIME FOR REINSTATEMENT OF THE
PERMIT.

(3)  ON RECEIPT OF AN APPLICATION FOR
REINSTATEMENT, THE SECRETARY SHALL HOLD A HEARING AND HAVE
THE ESTABLISHMENT INSPECTED.

(4)   IF THE SECRETARY FINDS THAT ADEQUATE
MEASURES HAVE BEEN TAKEN TO ASSURE COMPLIANCE WITH THE
PERMIT, THE SECRETARY IMMEDIATELY SHALL REINSTATE THE
PERMIT:

(I)  AS ORIGINALLY ISSUED; OR

(II)  WITH ANY AMENDMENT THAT, UNDER THE
PROVISIONS OF THIS SECTION, THE SECRETARY CONSIDERS PROPER.

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

In subsection (a) of this section, an express
reference to denial of a permit is added for
clarity. The power to deny a permit to any
person who does not meet the requirements imposed
by this section was implicit in and fundamental
to the regulatory mechanism of former Article 43,
§ 188D.

In subsection (b)(2) of this section, the former
reference to rules and regulations that govern
the "packaging" of a food is deleted for
conformity to comparable provisions elsewhere in
this subtitle. The procedure of packaging is
included in the reference to "manufacturing,
processing, and packing".