HARRY HUGHES, Governor

1921

THAT WAS MADE;

(II)  THE INSPECTION, EXAMINATION, OR TEST
AND THE INSTRUMENTS, PERSONNEL, AND METHODS USED IN
CONNECTION WITH IT REASONABLY WOULD BE EXPECTED TO DISCLOSE
THE EXISTENCE OF THE VIOLATION;

(III)  THE INSPECTION, EXAMINATION, TEST,
OR THE WRITTEN REPORT PROVIDED NO BASIS FOR A BELIEF THAT
THE ALLEGED VIOLATION EXISTED; AND

(IV)  THE PERSON DID NOT COMMIT THE ALLEGED
VIOLATION PURPOSELY, KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY.

(2) THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION APPLY TO ANY VIOLATION OF ANY OF THE FOLLOWING
PROVISIONS OF THIS SUBTITLE:

(I)  § 4-256(1), CONCERNING THE MANUFACTURE
OR SALE OF AN ADULTERATED OR MISBRANDED ARTICLE;

(II)  § 4-256(2), CONCERNING THE
ADULTERATION OR MISBRANDING OF ANY ARTICLE;

(III)  § 4-256(4), CONCERNING THE RECEIPT
IN COMMERCE OF ANY ADULTERATED OR MISBRANDED ARTICLE;

(IV)  § 4-256(5), CONCERNING THE DELIVERY
OF ANY ADULTERATED OR MISBRANDED ARTICLE;

(V)  § 4-258(B)(13), CONCERNING THE FAILURE
TO IDENTIFY ON A PRESCRIPTION FORM THE NAME OF THE
PRESCRIBER OF A DRUG;

(VI)  § 4-258(B)(14), CONCERNING THE
DISPENSING OF A DRUG ON A WRITTEN PRESCRIPTION THAT LACKS
THE NAME OF THE PRESCRIBER; AND

(VII)  § 4-258(B)(15), CONCERNING THE
PROVISION TO THE SECRETARY OF INFORMATION ABOUT PRESCRIPTION
DRUGS.

(C)  EXAMINATION BY SAMPLES CONSIDERED SUFFICIENT TEST
FOR VIOLATIONS.

FOR PURPOSES OF THIS SECTION, AN INSPECTION,
EXAMINATION, OR TEST BY REPRESENTATIVE SAMPLES OF A LOT,
DELIVERY, OR OTHER MERCANTILE QUANTITY IS CONSIDERED TO BE A
METHOD THAT REASONABLY WOULD BE EXPECTED TO DISCLOSE THE
EXISTENCE OF A VIOLATION WITH RESPECT TO ALL OF THE ARTICLES
INCLUDED IN THE LOT, DELIVERY, OR OTHER MERCANTILE QUANTITY.

(D)  LIABILITY OF PERSONS IN THE BUSINESS OF
DISSEMINATING ADVERTISEMENTS.