HARRY HUGHES, Governor

1907

ANY REPRESENTATION MADE IN THE LABELING OF A DRUG OR
DEVICE THAT WOULD BE A FALSE ADVERTISEMENT UNDER THIS
SECTION IF IT APPEARED ELSEWHERE, IS A MISBRANDING OF THE
DRUG OR DEVICE UNDER § 4-217 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, §§ 189B(l)(b) and 191A(b).

In subsection (c) of this section, references to
a "device" are added. Since all of the other
provisions of former Article 43, § 191A(b)
addressed both drugs and devices, it appears that
the omission of "device" in the former law was
unintentional.

Subsection (e) of this section is included to
state explicitly the intended relationship of the
false advertisement provisions of this section to
the provisions on misbranded drugs and devices
under § 4-217 of this subtitle. A clarification
was necessary in light of the definition of
"advertisement" under § 4-101 of this subtitle,
which expressly excludes from the meaning of
"advertisement" any representation that is
published in the labeling of a product.

4-249. GENERAL POWERS TO INSPECT; TAKING OF SAMPLES.

(A) GENERAL INSPECTIONS.

(1)  FOR THE PURPOSE OF ENFORCING THIS SUBTITLE
AND AFTER PRESENTATION OF APPROPRIATE CREDENTIALS TO THE
OWNER, OPERATOR, OR AGENT IN . CHARGE, THE SECRETARY OR A
REPRESENTATIVE OF THE SECRETARY MAY ENTER AND INSPECT AT ANY
REASONABLE TIME:

(I) ANY FACTORY, WAREHOUSE, OR OTHER
ESTABLISHMENT IN WHICH ANY FOOD, DRUG, DEVICE, OR COSMETIC
IS MANUFACTURED, PROCESSED, PACKED, OR HELD FOR A
COMMERCIAL PURPOSE; AND

(II) ANY VEHICLE USED TO TRANSPORT OR HOLD
ANY FOOD, DRUG, DEVICE, OR COSMETIC FOR A COMMERCIAL
PURPOSE.

(2)  AN INSPECTION CARRIED OUT UNDER THIS SECTION
MAY INCLUDE AN INSPECTION OF THE ESTABLISHMENT OR VEHICLE
ITSELF AND OF ANY PERTINENT EQUIPMENT, LABELING, AND
FINISHED AND UNFINISHED PRODUCTS.

(3)  AN INSPECTION CARRIED OUT UNDER THIS SECTION
SHALL BE COMPLETED WITH REASONABLE PROMPTNESS.

(B) EXTENDED INSPECTIONS INVOLVING PRESCRIPTION DRUGS.