1872

LAWS OF MARYLAND

Ch. 240

In subsection (d)(1) of this section, the
qualification that an inspection be conducted at
a reasonable time is stated expressly to conform
to practice and to the restrictions generally
imposed by the General Assembly on the power of a
department to conduct similar administrative
inspections. See, e.g., former Article 43, §
189D(e)(2) -- now § 4-225 of this subtitle.

4-212. EXEMPTIONS FROM LABELING REQUIREMENTS FOR FOODS
SUBJECT TO ADDITIONAL PROCESSING, LABELING, OR PACKING.

(A)  APPLICATION OF SECTION.

A FOOD IS NOT SUBJECT TO THE LABELING REQUIREMENTS OF
THIS SUBTITLE IF A RULE OR REGULATION IS ADOPTED AS PROVIDED
UNDER THIS SECTION TO EXEMPT IT.

(B)  APPLICATION OF EXEMPTIONS ADOPTED UNDER FEDERAL
ACT.

SUBJECT TO THE PROVISIONS OF § 4-241 OF THIS SUBTITLE,
ANY RULE OR REGULATION ADOPTED UNDER THE FEDERAL ACT TO
EXEMPT A FOOD FROM LABELING REQUIREMENTS IS EFFECTIVE
AUTOMATICALLY IN THIS STATE.

(C)  RULES AND REGULATIONS ADOPTED BY SECRETARY.

IN ADDITION TO THE STATE ADOPTED FEDERAL RULES AND
REGULATIONS, THE SECRETARY SHALL ADOPT RULES AND REGULATIONS
TO EXEMPT FROM THE' LABELING REQUIREMENTS OF THIS SUBTITLE
ANY FOOD THAT IS TO BE TRANSPORTED IN SUBSTANTIAL QUANTITIES
FROM ONE ESTABLISHMENT TO ANOTHER, IF:

(1)  IN ACCORDANCE WITH THE PRACTICE OF THE
TRADE, THE FOOD IS TO BE PROCESSED, LABELED, OR REPACKED AT
THE SECOND ESTABLISHMENT; AND

(2)  THE SECRETARY HAS A REASONABLE BASIS TO
BELIEVE THAT THE FOOD WILL NOT BE MISBRANDED OR ADULTERATED
WHEN IT IS REMOVED FROM THE SECOND ESTABLISHMENT.

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

The attention of the General Assembly is invited
to subsection (c)(2) of this section, which is
derived from the phrase of former Article 43, §
188E that read: "... upon the condition that the
food is not adulterated or misbranded under the
provisions of this subheading upon removal from
the processing, labeling or repacking
establishment". This provision appeared to
impose an unworkable condition on the exemptions