1898

LAWS OF MARYLAND

Ch. 240

4-237. DEFINITIONS AND STANDARDS OF IDENTITY AND QUALITY.

(A)  FOODS.

(1)  EXCEPT AS PROVIDED FOR MEAT AND POULTRY
PRODUCTS UNDER PARAGRAPH (3) OF THIS SUBSECTION AND FOR
FROZEN DESSERTS UNDER SUBTITLE 8 OF THIS TITLE, THE
DEFINITIONS AND STANDARDS OF IDENTITY AND QUALITY ADOPTED BY
RULE OR REGULATION UNDER THE FEDERAL ACT FOR FOODS ARE THE
DEFINITIONS AND STANDARDS OF IDENTITY AND QUALITY FOR FOODS
IN THIS STATE.

(2)  BY RULE OR REGULATION, THE SECRETARY MAY
ADOPT A DEFINITION OR STANDARD OF IDENTITY OR QUALITY FOR
ANY FOOD IF:

(I)  A DEFINITION OR STANDARD HAS NOT BEEN
ADOPTED FOR THE FOOD UNDER THE FEDERAL ACT; AND

(II)  THE SECRETARY FINDS THAT THE
DEFINITION OR STANDARD WILL PROMOTE HONESTY AND FAIR DEALING
IN THE INTEREST OF CONSUMERS.

(3)  ANY DEFINITION OR STANDARD OF IDENTITY OR
QUALITY FOR A MEAT OR POULTRY PRODUCT THAT IS ADOPTED UNDER
A RULE OR REGULATION OF THE STATE DEPARTMENT OF AGRICULTURE
IS THE DEFINITION OR STANDARD OF IDENTITY OR QUALITY FOR
THAT PRODUCT IN THIS STATE.

(B)  DRUGS.

(1)  FOR PURPOSES OF THIS SUBTITLE, THE STANDARDS
FOR THE QUALITY, PURITY, AND STRENGTH OF ANY DRUG ARE THE
STANDARDS SET BY AN OFFICIAL COMPENDIUM.

(2)  IF A DRUG IS NOT STANDARDIZED BY AN OFFICIAL
COMPENDIUM, THEN SUBJECT TO § 4-241 OF THIS SUBTITLE, THE
STANDARDS OF QUALITY, PURITY, AND STRENGTH ADOPTED BY RULE
OR REGULATION UNDER THE FEDERAL ACT ARE THE STANDARDS OF
QUALITY, PURITY, AND STRENGTH FOR THE DRUG IN THIS STATE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 188A(c) and the first and second sentences
of (a) and the first paragraph of § 192(a).

As to subsection (a)(1) and (2) of this section,
the third sentence of former Article 43, §
188A(a), which provided that the Secretary may
amend the regulations that are adopted by the
Secretary, is deleted as unnecessary and
misleading. Unless an express statement is made
to the contrary, it is implicit that the power to
adopt rules and regulations includes the power to
amend those rules and regulations.