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2016
LAWS OF MARYLAND
Ch. 240
(II) ANY BRAND NAME UNDER WHICH THE FROZEN
DESSERT OR FROZEN DESSERT MIX IS TO BE SOLD.
REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 193(c) and the first and last clauses of
the first sentence of (d).
4-809. INSPECTIONS; QUALIFICATIONS FOR PLANTS OUTSIDE
STATE.
(A) INSPECTIONS OF PLANTS IN STATE.
IF AN APPLICATION IS SUBMITTED FOR A LICENSE FOR A
MANUFACTURING PLANT THAT IS IN THIS STATE, BEFORE ISSUING
THE LICENSE, THE SECRETARY SHALL INSPECT THE PROPERTY,
BUILDINGS, AND EQUIPMENT OF THE PLANT TO DETERMINE WHETHER
THE PLANT MEETS THE REQUIREMENTS FOR A LICENSE.
(B) QUALIFICATIONS FOR PLANTS OUTSIDE STATE.
(1) TO DETERMINE WHETHER THE PLANT MEETS THE
REQUIREMENTS FOR A LICENSE, THE SECRETARY MAY INSPECT A
MANUFACTURING PLANT THAT IS OUTSIDE OF THIS STATE.
(2) IF THE SECRETARY DOES NOT INSPECT A PLANT
OUTSIDE OF THIS STATE, THE SECRETARY MAY NOT ISSUE A LICENSE
FOR THE PLANT UNLESS THE APPLICANT SATISFIES THE SECRETARY
THAT:
(I) THE PLANT AND THE FROZEN DESSERTS OR
FROZEN DESSERT MIXES PRODUCED IN THE PLANT CONFORM TO THE
LAWS OF THE JURISDICTION IN WHICH THE PLANT IS LOCATED; AND
(II) THOSE LAWS, RULES, AND REGULATIONS
ARE AT LEAST AS STRINGENT AS THOSE THAT APPLY UNDER THIS
SUBTITLE.
REVISOR'S NOTE: This section is new language derived
without substantive change from the third
sentence and the first sentence of former Article
43, § 193(d), except as it applied to the license
fee and issuance of the license.
The former law imposed alternative requirements,
depending on whether a manufacturing plant was
"beyond the limits of the area of routine
inspection". The effect of that language was to
leave to administrative determination whether an
inspection by the Secretary was required of a
plant that is outside this State. The practice
is not to inspect any plant located outside of
this State and this section is revised to state
directly the meaning of the former law that has
developed through practice. The revision states
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