1900

LAWS OF MARYLAND

Ch. 240

(II) A RULE OR REGULATION ADOPTED BY THE
SECRETARY UNDER SUBSECTION (C) OF THIS SECTION.

(2) IF A FOOD, DRUG, OR COSMETIC CONTAINS ANY
ADDED POISONOUS OR OTHERWISE DELETERIOUS SUBSTANCE, ANY FOOD
ADDITIVE, OR ANY COLOR ADDITIVE IN A QUANTITY THAT IS
ALLOWED BY A RULE OR REGULATION AS PROVIDED BY PARAGRAPH (1)
OF THIS SUBSECTION, THE FOOD, DRUG, OR COSMETIC MAY NOT BE
CONSIDERED ADULTERATED BECAUSE IT CONTAINS THAT SUBSTANCE OR
ADDITIVE.

(B)  AUTOMATIC ADOPTION OF FEDERAL RULES AND
REGULATIONS.

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

(C)  CONTROL BY STATE RULES AND REGULATIONS.

WHETHER OR NOT IN ACCORDANCE WITH ANY RULE OR
REGULATION THAT SETS TOLERANCES UNDER THE FEDERAL ACT AND IF
PUBLIC HEALTH OR OTHER CONSIDERATIONS IN THIS STATE MAKE IT
NECESSARY, THE SECRETARY MAY ADOPT A RULE OR REGULATION
THAT:

(1)  AS TO ANY ADDED POISONOUS OR OTHERWISE
DELETERIOUS SUBSTANCE, ANY FOOD ADDITIVE, OR ANY COLOR
ADDITIVE:

(I)  PROHIBITS ITS USE; OR

(II)  SETS TOLERANCES FOR ITS USE; OR

(2)  AS TO ANY FOOD ADDITIVE OR ANY COLOR
ADDITIVE:

(I)  SETS CONDITIONS UNDER WHICH IT MAY BE
USED SAFELY; OR

(II)  PROVIDES EXEMPTIONS FOR ITS USE FOR
INVESTIGATIONAL OR EXPERIMENTAL PURPOSES.

(D)  PROCEDURE FOR ADOPTING STATE RULES AND
REGULATIONS.

(1)  THE RULE OR REGULATION MAY BE ADOPTED BY THE
SECRETARY EITHER ON THE SECRETARY'S OWN INITIATIVE OR ON THE
PETITION OF ANY INTERESTED PARTY.

(2)  BEFORE THE SECRETARY MAY ADOPT THE RULE OR
REGULATION ON THE BASIS OF A PETITION, THE PETITIONER SHALL