HARRY HUGHES, Governor

1911

THIS SUBTITLE, THE SECRETARY OBTAINS A SAMPLE OF A FOOD OR
DRUG, THE SECRETARY MAY HAVE AN ANALYSIS OR OTHER
EXAMINATION MADE IN A LABORATORY OF THE DEPARTMENT TO
DETERMINE:

(1)  AS TO A FOOD SAMPLE, WHETHER THE FOOD:

(I)  IS MISBRANDED;

(II)  CONTAINS ANY FILTHY, PUTRID, OR
DECOMPOSED SUBSTANCE; OR

(III)  IS OTHERWISE ADULTERATED OR UNFIT
FOR FOOD; OR

(2)  AS TO A DRUG SAMPLE, WHETHER THE DRUG:

(I)  IS ADULTERATED; OR

(II)  IS MISBRANDED.

(B) COPY OF RESULTS OF ANALYSIS.

THE RESULTS OF AN ANALYSIS OR OTHER EXAMINATION
CONDUCTED UNDER THIS SECTION SHALL BE SET FORTH IN A WRITTEN
REPORT AND A COPY OF THE REPORT SHALL BE GIVEN PROMPTLY TO
THE OWNER, OPERATOR, OR AGENT IN CHARGE OF THE ESTABLISHMENT
FROM WHICH THE SAMPLE WAS OBTAINED.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 191C(e) and the first and second clauses of
§ 195.

The third through the sixth clauses of former
Article 43, § 195 are deleted as unnecessary. In
particular:

(1)  The  third clause, which required that an
alleged    violator be given an opportunity for a
hearing,   is deleted as unnecessary in light of §
4-255(b)   of this subtitle;

(2)  The fourth clause, which related to the
reporting of alleged violations to a State's
attorney, is deleted as unnecessary in light of §
4-255(a) of this subtitle;

(3)  The fifth clause, which required the State's
attorney to institute proceedings and prosecute
any case that is referred, is deleted as
unnecessary and misleading given the prerogatives
of a State's attorney; and

(4) The sixth clause, which related to