2022

LAWS OF MARYLAND

Ch. 240

of this title, which sets forth a rule of
construction that relates to the meaning of the
term "sale".

4-821. IMITATION FROZEN DESSERTS.

REGARDLESS OF THE NAME UNDER WHICH IT IS REPRESENTED, A
PERSON MAY NOT SELL OR ADVERTISE FOR SALE ANY FROZEN
SUBSTANCE, MIXTURE, OR COMPOUND:

(1)  THAT IS:

(I)  MADE IN IMITATION OR SEMBLANCE OF A
FROZEN DESSERT; OR

(II)  PREPARED OR FROZEN AS A FROZEN
DESSERT CUSTOMARILY IS PREPARED OR FROZEN; AND

(2)  THAT IS NOT:

(I)  A FROZEN DESSERT FOR WHICH A STANDARD
HAS BEEN SET UNDER § 4-804 OF THIS SUBTITLE; OR

(II)  A SUBSTANCE THAT COMPLIES WITH THE
STANDARDS THAT HAVE BEEN SET.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, §§ 192(b) and 193(b).

The former reference to a frozen dessert being
"possessed, ... offered or exposed for sale" is
deleted in light of § 4-102(a) of this title,
which sets forth a rule of construction that
relates to the meaning of the term "sale".

The attention of the General Assembly is called
to the fact that there is no penalty provided for
a violation of this section.

GENERAL REVISOR'S NOTE:

The first clause of the second sentence of former
Article 43, § 193(i), which required the State's Attorney to
prosecute any case referred by the Secretary, is deleted as
unnecessary and potentially misleading given the
prerogatives of a State's attorney.

Former Article 43, § 193(j), which provided an
exemption, if certain conditions were met, for any city with
a population of more than 100,000, is deleted as obsolete.

Former Article 43, § 193(k), which provided for the
disposition of certain fees, is deleted as obsolete and
unnecessary. The fees collected under this subtitle