HARRY HUGHES, Governor

791

foods, drinks, confectionery, drugs, spices and
condiments as the Secretary .... directs." This
provision can be read to require uniform
treatment of water supplies, milk, and other
foods -- i.e., unless the Secretary directs
otherwise, the analysis of all foods, including
water and milk, is subject to a fee and,
conversely, an order for free analysis of water
and milk entails free analysis of other foods.
However, the provision also can be read to
require free analysis of water and of milk, but
to allow a fee for analysis of other foods. This
revision is based on the latter reading.

The revision of this section also is based on the
assumption that a service is free, unless the
Secretary specifically sets a fee for that
service. Although the provision requiring free

services for "such other matters as the Secretary
directs" suggests that affirmative action is
required to exempt a service from a fee, this
requirement would be duplicative in light of the
affirmative action required to set fees. In
practice, the Department does not have a fee
schedule for services since the services are
provided either to the Department in the course
of carrying out its own duties or to a physician
or health, officer in connection with disease
prevention.

In subsection (a) of this section, the term
"reasonable" is added to clarify the scope of
authority to set fees.

As to subsection (b)(3) of this section and the
references to "a communicable disease" and to
"health officer" and "physician", see revisor's
note to § 17-102 of this subtitle.

The provisions of the fourth sentence of Article
43, § 35(a)(2) that relate to payment and
collection of fees now appear in § 16-207 of this
article.

As to charges to counties for laboratory services
that the Department performs, see Opinion No.
81-024 (October 8, 1981)(unpublished).

Defined terms: "Health officer" § 1-101
"Physician" § 1-101 "Secretary" § 1-101

SUBTITLE 2. MEDICAL LABORATORIES.

17-201. DEFINITIONS.