2050

LAWS OF MARYLAND

Ch. 240

(2) THE MAILING OF A RULE OR REGULATION UNDER
THIS SUBSECTION IS CONCLUSIVE EVIDENCE OF NOTICE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the last clause
of the first sentence and the entire second
sentence of former Article 43, § 278 and § 280(a)
and the first clause of (b)..

Subsection (a)(1) of this section is new language
added to state expressly what is implied from the
reference to orders by the Department in the
second paragraph of former Article 43, § 280.

In subsection (a)     of this section, the former

phrases "whenever in   its opinion," and "whenever

in the opinion of  the said State Department of

Health," are deleted   as unnecessary.

In subsection (a)(2)(i) of this section, the
defined term "authorized prescriber" is
substituted for "a lawfully authorized
practitioner of medicine or of veterinary
medicine or of dentistry". See the revisor's
note to § 5-101(b) of this subtitle.

In subsection (a)(2)(ii) of this section, the
former phrase "which said rules and regulations
must be applicable to all persons alike" is
deleted as unnecessary.

Also in subsection (a)(2)(ii) of this section,
the former requirement that the rules or
regulations adopted to further restrict or
prohibit the sale of poisons should not be
inconsistent with the provisions of this subtitle
is deleted as unnecessary.

Also as to subsection (a) of this section, former
Article 43, § 280 contained an ambiguity as to
the authority of the Department to adopt rules
and regulations that prohibit the sale of
poisons. The former section gave the Department
authority to regulate the sale of any poison
"subject to the provisions of this subtitle"
unless the sale was by prescription. This
authority was tied to the standard of "protection
of the public". The former section also provided
that, using the standard of the "interest of the
public health", the Department could further
restrict or prohibit the "retail sale of any
poison, which said rules and regulations must be
applicable to all persons alike". The Department
has interpreted this to be a grant of authority
to regulate poisons not specifically enumerated