2014

LAWS OF MARYLAND

Ch. 240

(A)  IN GENERAL.

TO PREVENT DECEPTION IN THE SALE OF FROZEN DESSERTS AND
TO SAFEGUARD THE HEALTH AND WELFARE OF CONSUMERS, THE
SECRETARY SHALL ADOPT RULES AND REGULATIONS THAT:

(1)  PROVIDE DEFINITIONS AND SET STANDARDS OF
IDENTITY FOR FROZEN DESSERTS AND THE MIXES USED IN THE
MANUFACTURE OF FROZEN DESSERTS;

(2)  SET PACKAGING, LABELING, AND SANITARY
REQUIREMENTS FOR FROZEN DESSERTS; AND

(3)  GOVERN ANY OTHER CONDITION THAT RELATES TO
THE MANUFACTURE, PROCESSING, DISTRIBUTION, OR SALE OF FROZEN
DESSERTS, WHETHER MANUFACTURED OR PROCESSED IN A REGULAR
MANUFACTURING PLANT, IN A COUNTER FREEZER, OR OTHERWISE.

(B)  CONFORMANCE WITH FEDERAL ACT.

SO FAR AS PRACTICABLE, THE SECRETARY MAY CONFORM ANY
RULE OR REGULATION ADOPTED UNDER THIS SUBTITLE TO THE RULES
AND REGULATIONS ADOPTED UNDER THE FEDERAL ACT.

(C)  PROCEDURE FOR ADOPTION.

(1)  THE SECRETARY MAY NOT ADOPT A RULE OR
REGULATION UNDER THIS SECTION UNLESS THE REQUIREMENTS OF
THIS SUBSECTION AND THE ADMINISTRATIVE PROCEDURE ACT ARE
MET.

(2)  A PUBLIC HEARING SHALL BE HELD ON ANY RULE
OR REGULATION THAT THE SECRETARY CONSIDERS UNDER THIS
SECTION. BASED ON THE RECORD OF THE HEARING, THE SECRETARY
SHALL ISSUE A PROPOSED DECISION ON THE RULE OR REGULATION.

(3)  THE SECRETARY SHALL PROVIDE ANY INTERESTED
PARTY AN OPPORTUNITY TO FILE EXCEPTIONS TO THE PROPOSED
DECISION BASED ON THE HEARING RECORD.

(4)  WHEN ISSUING A FINAL DECISION REGARDING A
RULE OR REGULATION, THE SECRETARY ALSO SHALL:

(I)  RULE ON ANY EXCEPTION TO THE
SECRETARY'S PROPOSED DECISION; AND

(II)  STATE THE REASONS FOR THE RULING.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second
sentence of former Article 43, § 191B(a) and the
second sentence of (f) and the second paragraph
of § 192(a).