1896

LAWS OF MARYLAND

Ch. 240

(4) EXCEPT AS PROVIDED IN SUBSECTION (B)(1) OF
THIS SECTION FOR COLOR ADDITIVES TO BE USED IN HAIR DYES, IT
IS A COLOR ADDITIVE AND ITS PACKAGING AND LABELING DO NOT
MEET THE APPLICABLE REQUIREMENTS OF THE FEDERAL ACT.

(B) EXCEPTIONS.

(1)  A PACKAGE OF COLOR ADDITIVE IS NOT
MISBRANDED UNDER SUBSECTION (A)(4) OF THIS SECTION IF IT IS
MARKETED AND INTENDED FOR USE ONLY IN OR ON A HAIR DYE.

(2)  A COSMETIC THAT, IN ACCORDANCE WITH THE
PRACTICE OF THE TRADE, IS TO BE PROCESSED, LABELED, OR
REPACKED IN SUBSTANTIAL QUANTITIES AT AN ESTABLISHMENT OTHER
THAN THE ESTABLISHMENT IN WHICH IT ORIGINALLY IS PROCESSED
OR PACKED, IS EXEMPT FROM THE AFFIRMATIVE LABELING
REQUIREMENTS OF THIS SECTION WHILE THE COSMETIC IS IN
TRANSIT FROM THE ONE ESTABLISHMENT TO THE OTHER, IF THE
TRANSIT IS MADE FOR COMPLETION ONLY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 190B.

In subsection (a)(1) of this section, former
Article 43, § 190B(a)(2), which referred to
conforming to former Article 43, § 191A, is
deleted as unnecessary.

In subsection (a)(3) of this section, the former
reference to the "label" of the cosmetic 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".

As to subsection (b)(2) of this section, the
former statement that a cosmetic "is otherwise
subject to all applicable provisions of this
subheading" is deleted as unnecessary.

4-232. RESERVED.

4-233. RESERVED.

PART V. STATE AND FEDERAL RULES AND REGULATIONS;
ADMINISTRATIVE PROCEDURES.

4-234. GENERAL RULES AND REGULATIONS; APPLICATION OF
ADMINISTRATIVE PROCEDURE ACT.

(A) GENERAL RULEMAKING AUTHORITY.

THE SECRETARY MAY ADOPT RULES AND REGULATIONS TO CARRY
OUT THE PROVISIONS OF THIS SUBTITLE.