2060

LAWS OF MARYLAND

Ch. 240

A PERSON MAY NOT SELL, DELIVER, OR PROVIDE A CONTROLLED
POISON TO AN INDIVIDUAL UNDER THE AGE OF 15 YEARS UNLESS THE
SALE IS BY A WRITTEN ORDER:

(1)  THAT IS SIGNED BY A RESPONSIBLE INDIVIDUAL
WHO IS KNOWN TO THE PERSON SELLING, DELIVERING, OR PROVIDING
THE CONTROLLED POISON; AND

(2)  THAT CONTAINS THE INFORMATION REQUIRED BY §
5-115 OF THIS SUBTITLE FOR THE POISON REGISTER.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 275 -- except the provision of that section
that specifies the contents of the label -- and §
279 -- except the last clause of that section.

In this section, the term "individual" is
substituted for the term "person" in those
instances where a natural person clearly is
intended. The term "person" is retained where
the meaning also could be that of the broader
definition given to "person" in § 1-101 of this
article.

In subsection (a) of this section, the former
terms "vend", "dispense", "give away", "furnish",
and "dispose of", are deleted as included in the
phrase "sell, deliver, or provide", and the
former phrase "or cause to be vended, sold,
dispensed, given away, furnished, or otherwise
disposed of" is deleted as included in the phrase
"directly or indirectly".

Subsection (a)(1) and (2) of this section is new
language added for clarity.

In subsection (a)(3) of this section, the
reference to a good faith belief is substituted
for the phrase "has satisfied himself" for
clarity.

In subsection (b) of this section, the phrase
"known to be" is revised to modify both "of
unsound mind" and "under the influence of an
intoxicant" in conformity to apparent legislative
intent. The former provision was ambiguous as to
whether the phrase may have modified only a
person of unsound mind.

5-114. LABELING REQUIREMENTS.

IN ADDITION TO ANY OTHER REQUIREMENT OF LAW, EACH
CONTAINER OF CONTROLLED POISON SHALL BEAR A PLAINLY WRITTEN
LABEL THAT INCLUDES: