1912

LAWS OF MARYLAND

Ch. 240

publication of a criminal judgment, is deleted as
unnecessary in light of § 4-244(b) of this
subtitle.

4-252. INJUNCTIVE ACTIONS.

IN ADDITION TO AND NOT INSTEAD OF ANY OTHER REMEDY
AUTHORIZED UNDER THIS SUBTITLE, THE SECRETARY MAY BRING AN
ACTION TO TEMPORARILY OR PERMANENTLY ENJOIN ANY VIOLATION OF
§§ 4-256 THROUGH 4-259 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 187C.

The reference to "the Secretary" is substituted
for the reference to the Attorney General to
conform to comparable provisions throughout this
article and because, under Title 1 of this
article, the Secretary is charged with
enforcement of this title.

4-253. DETAINMENT AND DESTRUCTION OF ARTICLES.

(A)  GROUND FOR ACTION.

UNDER THIS SECTION, THERE IS A GROUND FOR ACTION
AGAINST A FOOD, DRUG, DEVICE, OR COSMETIC IF IT IS:

(1)  ADULTERATED;

(2)  SO MISBRANDED THAT IT IS DANGEROUS OR
FRAUDULENT;

(3)  A FOOD THAT VIOLATES ANY REQUIREMENT IMPOSED
UNDER § 4-211 OF THIS SUBTITLE; OR

(4)  A DRUG THAT VIOLATES THE PROVISIONS ON NEW
DRUGS UNDER § 4-223 OF THIS SUBTITLE.

(B)  MARKING AND DETAINMENT OF ARTICLE.

IF THE SECRETARY FINDS OR HAS PROBABLE CAUSE TO BELIEVE
THAT THERE IS GROUND FOR ACTION AGAINST A FOOD, DRUG,
DEVICE, OR COSMETIC, THE SECRETARY SHALL ATTACH TO THE
ARTICLE A TAG OR OTHER APPROPRIATE MARKING THAT GIVES NOTICE
THAT THE ARTICLE IS, OR IS SUSPECTED OF BEING, ADULTERATED,
MISBRANDED, OR IN VIOLATION OF § 4-211 OR § 4-223 OF THIS
SUBTITLE AND THAT THE ARTICLE HAS BEEN DETAINED. THE TAG OR
OTHER MARKING ALSO SHALL WARN ALL PERSONS NOT TO REMOVE OR
DISPOSE OF THE ARTICLE, BY SALE OR OTHERWISE, UNTIL
PERMISSION FOR REMOVAL OR DISPOSAL IS GIVEN BY THE
SECRETARY, AN AUTHORIZED AGENT OF THE SECRETARY, OR A COURT.

(C)  RELEASE OF ARTICLE.