HARRY HUGHES, Governor                               1899

In subsection (b) of this section, the reference
in former Article 43, § 192(a) to "foods" is
deleted because the publications referenced in
that subsection do not include standards for
food. In any event, the setting of standards for
food is governed under subsection (a) of this
section.

4-238. AUTHORIZATION BY PERMIT OF EXCEPTIONS TO DEFINITIONS
AND STANDARDS.

(A)  FEDERAL PERMITS.

IF A TEMPORARY PERMIT IS ISSUED UNDER THE FEDERAL ACT
TO AUTHORIZE AN INTERSTATE SHIPMENT THAT VARIES FROM THE
DEFINITIONS AND STANDARDS OF IDENTITY SET UNDER THE FEDERAL
ACT, THE PERMIT IS EFFECTIVE IN THIS STATE UNDER THE
CONDITIONS PROVIDED IN THE PERMIT.

(B)  STATE PERMITS.

FOR EXPERIMENTAL OR OTHER PURPOSES, THE SECRETARY    MAY

ISSUE A PERMIT THAT AUTHORIZES VARIATIONS FROM    THE

DEFINITIONS AND STANDARDS OF IDENTITY AND QUALITY THAT    ARE
SET UNDER THIS SUBTITLE IF:

(1)  THE SECRETARY FINDS THAT ISSUANCE OF THE
PERMIT IS IN THE PUBLIC INTEREST; AND

(2)  THE PERMIT IS ISSUED ON TERMS AND WITH
SAFEGUARDS THAT ADEQUATELY PROTECT THE INTERESTS OF
CONSUMERS AND POTENTIAL CONSUMERS.

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

4-239. AUTHORIZATION FOR THE USE OF ADDED POISONOUS OR
OTHERWISE DELETERIOUS SUBSTANCES, FOOD ADDITIVES, AND COLOR
ADDITIVES.

(A) IN GENERAL.

(1) FOR PURPOSES OF §§ 4-207(B)(3), 4-216(B)(2),
AND 4-230(B)(5) OF THIS SUBTITLE, REGARDING FOOD, DRUGS, AND
COSMETICS RESPECTIVELY, THE USE OF ANY ADDED POISONOUS OR
OTHERWISE DELETERIOUS SUBSTANCE, ANY FOOD ADDITIVE, OR ANY
COLOR ADDITIVE IS CONSIDERED UNSAFE UNLESS THE USE OF THE
SUBSTANCE OR ADDITIVE FOR THE PARTICULAR PURPOSE IS
AUTHORIZED BY AND THE QUANTITY OF THE SUBSTANCE THAT MAY BE
USED FOR THAT PURPOSE IS LIMITED BY:

(I) A STATE ADOPTED FEDERAL RULE OR
REGULATION, AS PROVIDED UNDER SUBSECTION (B) OF THIS
SECTION; OR