1910

LAWS OF MARYLAND

Ch. 240

for the references to acts for "introduction into
commerce" and to the use of a vehicle "in
commerce".

In subsection (d) of this section, the second
sentence of former Article 43, § 191C(c), which
required that a copy of the inspection report be
"sent promptly to the Secretary", is deleted as
unnecessary and potentially confusing.

4-250. INSPECTION OF RECORDS OF CARRIERS; CARRIERS'
EXCLUSION FROM OTHER SECTIONS.

(A)  INSPECTION AND COPYING OF RECORDS.

FOR THE PURPOSE OF ENFORCING THIS SUBTITLE AND AFTER
PRESENTATION OF APPROPRIATE CREDENTIALS TO ANY PERSON WHO IS
IN CHARGE OF OR HAS CUSTODY OF THE RECORDS, THE SECRETARY OR
A REPRESENTATIVE OF THE SECRETARY MAY HAVE ACCESS TO AND MAY
COPY ANY RECORD OF A CARRIER IN COMMERCE IF THE RECORD
CONCERNS THE MOVEMENT OR HOLDING, FOR COMMERCIAL PURPOSES,
OF ANY FOOD, DRUG, DEVICE, OR COSMETIC, INCLUDING
INFORMATION THAT SHOWS THE QUANTITY, SHIPPER, AND CONSIGNEE
OF THE ARTICLE.

(B)  USE OF EVIDENCE AGAINST CARRIER PROHIBITED.

ANY EVIDENCE THAT IS OBTAINED UNDER THIS SECTION MAY
NOT BE USED IN ANY CRIMINAL PROSECUTION OF THE PERSON FROM
WHOM IT IS OBTAINED.

(C)  CARRIERS NOT SUBJECT TO OTHER SECTIONS.

A CARRIER IN COMMERCE IS NOT SUBJECT TO ANY OTHER
PROVISION OF THIS SUBTITLE OTHER THAN THIS SECTION SIMPLY
BECAUSE THE CARRIER RECEIVES, CARRIES, HOLDS, OR DELIVERS
ANY FOOD, DRUG, DEVICE, OR COSMETIC IN THE USUAL COURSE OF
ITS BUSINESS AS A CARRIER.

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

In subsection (a) of this section, the reference
to a record that concerns movement or holding
"for commercial purposes" is substituted for the
reference to the "movement in commerce ... or
the holding thereof".

4-251. ANALYSIS OF SAMPLES.

(A) IN GENERAL.

IF, WHILE CONDUCTING AN INSPECTION UNDER § 4-249 OF
THIS SUBTITLE OR WHILE PERFORMING ANY OTHER FUNCTION UNDER