2038

LAWS OF MARYLAND

Ch. 240

A PERSON MAY NOT SELL ANY DRUG, MEDICINE, COSMETIC,
PHARMACEUTICAL PREPARATION, OR MEDICINAL PREPARATION. AT ANY
AUCTION SALE UNLESS THE PERSON NOTIFIES THE SECRETARY IN
WRITING OF THE PROPOSED AUCTION AT LEAST 7 DAYS BEFORE THE
DATE OF THE AUCTION.

(B) ORDER PROHIBITING AUCTION SALE.

(1)  THE SECRETARY MAY:

(I)  INSPECT ANY DRUGS, MEDICINES,
COSMETICS, PHARMACEUTICAL PREPARATIONS, OR MEDICINAL
PREPARATIONS THAT A PERSON PROPOSES TO SELL BY AUCTION SALE;
AND

(II)  ISSUE AN ORDER THAT PROHIBITS THE
SALE OF ANY OF THESE IF, IN THE OPINION OF THE SECRETARY,
THEY ARE UNFIT FOR HUMAN USE OR CONSUMPTION.

(2)  A PERSON MAY NOT HOLD AN AUCTION SALE OF ANY
DRUG, MEDICINE, COSMETIC, PHARMACEUTICAL PREPARATION, OR
MEDICINAL PREPARATION IN VIOLATION OF AN ORDER ISSUED UNDER
THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first,
second, and third sentences of former Article 43,
§ 30.

4-1111. VENDING MACHINE SALE OF DRUGS OR MEDICINE.

(A)  SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY TO ANY:

(1)  SURGICAL OR DENTAL INSTRUMENT;

(2)  PHYSICAL THERAPY. EQUIPMENT;

(3)  X-RAY APPARATUS; OR

(4)  COMPONENT PART OR ACCESSORY OF ANY OF THESE
ITEMS.

(B)  PROHIBITED ACTS.

A PERSON MAY NOT SELL, DISTRIBUTE, OR OTHERWISE DISPOSE
OF ANY DRUG, MEDICINE, PHARMACEUTICAL PREPARATION, OR
MEDICAL PREPARATION BY MEANS OF A VENDING MACHINE OR OTHER
SIMILAR DEVICE.

(C)  PERMIT EXCEPTION.

BY RULE OR REGULATION, THE SECRETARY MAY EXEMPT ANY