HARRY HUGHES, Governor

1917

In items (1) and (7) of this section, the former
references to holding, offering, and delivering
for sale are deleted as unnecessary in light of
the rule of construction in § 4-102 of this title
concerning provisions that relate to "sale".

As to item (6) of this section, see §§ 4-247 and
4-248 of this subtitle regarding what constitutes
a false advertisement under this subtitle and §
4-260(d) of this subtitle regarding the
application of item (6) of to this section to
persons who are in the business of disseminating
advertisements.

4-257. SAME -- VIOLATION OF LABEL AND PACKAGING
REQUIREMENTS FOR CONSUMER COMMODITIES.

(A)  EXCEPTIONS.

EXCEPT TO THE EXTENT THAT THE PERSON IS ENGAGED IN THE
PACKING OR LABELING OF THE COMMODITY OR SPECIFIES, BY ANY
MEANS, THE MANNER IN WHICH THE COMMODITY IS PACKED OR
LABELED, THIS SECTION DOES NOT APPLY TO ANY PERSON WHO IS
ENGAGED IN BUSINESS AS A WHOLESALE OR RETAIL DISTRIBUTOR OF
A CONSUMER COMMODITY.

(B)  IN GENERAL.

A PERSON MAY NOT DISTRIBUTE A CONSUMER COMMODITY IN
COMMERCE IF:

(1)  THE COMMODITY IS CONTAINED IN A PACKAGE THAT
DOES NOT CONFORM TO A REQUIREMENT THAT IS IMPOSED UNDER THIS
SUBTITLE; OR

(2)  A LABEL THAT DOES NOT CONFORM TO A
REQUIREMENT IMPOSED UNDER THIS SUBTITLE IS ATTACHED TO THE
COMMODITY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 187B(4).

4-258. SAME -- DRUGS AND DEVICES.

(A) "COUNTERFEIT MARKING TOOL" DEFINED.

IN THIS SECTION "COUNTERFEIT MARKING TOOL" MEANS ANY
PUNCH, DIE, PLATE, STONE, OR OTHER THING THAT IS DESIGNED TO
PRINT, IMPRINT, OR OTHERWISE REPRODUCE THE TRADEMARK, TRADE
NAME, IMPRINT, SYMBOL, OR ANY OTHER IDENTIFYING MARK OF A
DRUG, OR A LIKENESS OF ANY OF THESE MARKINGS, ON A DRUG OR
ON THE CONTAINER OF A DRUG, OTHER THAN THE DRUG OR CONTAINER
TO WHICH THE MARKING BELONGS.