HARRY HUGHES, Governor

2021

THE SECRETARY MAY SUE TO ENJOIN A PERSON FROM REPEATING
A VIOLATION OF THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first clause
of the first sentence and the second clause of
the second sentence of former Article 43, §
193(h).

This section appears as a separate section
because different penalties are provided for
violating this section and § 4-818 of this
subtitle. See §§ 4-1205 and 4-1206 of this
title. The absence in other parts of this
article of a provision similar to this section
does not imply that, after revocation or
suspension of other licenses governed by this
article, the person whose license was revoked or
suspended is permitted in any way to continue the
activity for which the license was obtained.

4-820. SALE OF PRODUCTS FROM PLANT FOR WHICH NO LICENSE
HELD.

(A)  IN GENERAL.

A PERSON MAY NOT SELL ANY FROZEN DESSERT OR FROZEN
DESSERT MIX THAT WAS MANUFACTURED AT A PLANT FOR WHICH A
LICENSE WAS NOT THEN HELD.

(B)  INJUNCTIVE RELIEF.

THE SECRETARY MAY SUE TO ENJOIN A PERSON FROM REPEATING
A VIOLATION OF THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first clause
of the first sentence and the last, clause of the
second sentence of former Article 43, § 193(i).

Although the first clause of former Article 43, §
193(i) was limited by its own terms to "the
counties of Maryland", it is revised to apply
throughout this State, including in Baltimore
City. When former Article 43, § 193(i) was
enacted originally, Baltimore City had its own
mechanism for controlling frozen desserts.
However, that mechanism no longer exists, and, in
modem practice, this subtitle is applied
throughout this State.

The former references to an offer to sell and to
possessing with an intention of selling are
deleted in light of the provisions of § 4-102(a)