HARRY HUGHES, Governor

1873

that the Secretary could grant, under former
Article 43, § 188E, from the labeling
requirements of this subtitle. Taken literally,
the condition of a food as it departed a second
establishment appeared to control whether an
exemption could be granted to the establishment
that first processed or packed the food before it
was sent to the second establishment for further
processing, packing, or for labeling.

The Commission to Revise the Annotated Code and
the Department concluded that it did not make
sense to state that the condition of a food as it
departed a second establishment imposed an
absolute condition on an exemption for the first
establishment. In accordance with what it thinks
was intended, the Commission to Revise the
Annotated Code revised subsection (c)(2) of this
section in a manner that ties the granting of an
exemption to a first establishment to the
Secretary's reasonable expectation of what the
condition of the food will be when it leaves the
second establishment. The Commission notes,
however, that this interpretation is contrary to
what the Department recommended be substituted
for the former language. The Department's
position was that, for purposes of granting an
exemption to a first establishment, the condition
of the food when it departed the second
establishment should not be — and was not
intended to be -- a factor. The Department's
position was that the revision simply should
require, as a condition of an exemption for an
establishment, that the food not be adulterated
or otherwise misbranded when it is removed from
that establishment.

4-213. SPECIAL DIETARY USE RULES AND REGULATIONS.

(A)  AUTOMATIC ADOPTION OF FEDERAL RULES AND
REGULATIONS.

SUBJECT TO THE PROVISIONS OF § 4-241 OF THIS SUBTITLE,
ANY SPECIAL DIETARY USE RULE OR REGULATION THAT IS ADOPTED
BY THE FEDERAL GOVERNMENT UNDER THE FEDERAL ACT
AUTOMATICALLY IS ADOPTED AS A RULE OR REGULATION OF THIS
STATE.

(B)  CONTROL BY STATE RULES AND REGULATIONS.

WHETHER OR NOT IN ACCORDANCE WITH ANY RULE OR
REGULATION ADOPTED UNDER THE FEDERAL ACT, THE SECRETARY MAY
ADOPT SPECIAL DIETARY USE RULES OR REGULATIONS IF THE
SECRETARY FINDS THAT IT IS NECESSARY TO INFORM PURCHASERS OF
THE VALUE OF A FOOD FOR SPECIAL DIETARY USE.