HARRY HUGHES, Governor                                         2399

(B) EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, THE DEPARTMENT SHALL GIVE ANY PERSON SERVED WITH
AN ORDER UNDER THIS SECTION AN OPPORTUNITY FOR A HEARING BEFORE
THE DEPARTMENT.

(C) AFTER A HEARING UNDER THIS SECTION, THE DEPARTMENT MAY
AFFIRM, MODIFY, OR WITHDRAW THE ORDER.

4-1215.

(A) A person who violates any provision of Subtitle 2

(MARYLAND FOOD, DRUG, AND COSMETIC ACT) of this title OR ANY

REGULATION ADOPTED UNDER SUBTITLE 2 OF THIS TITLE is guilty of a
misdemeanor and on conviction is subject to:

(1) A fine not exceeding $10,000 or imprisonment not
exceeding 1 year or both; or

(2) If the person has been convicted once of
violating Subtitle 2 of this title, a fine not exceeding $25,000
or imprisonment not exceeding 3 years or both.

(B) IN ADDITION TO ANY CRIMINAL PENALTIES IMPOSED UNDER
THIS SECTION, A PERSON WHO VIOLATES ANY PROVISION OF SUBTITLE 2
OF THIS TITLE, ANY RULE OR REGULATION ADOPTED UNDER SUBTITLE 2 OF
THIS TITLE, OR ANY TERM, CONDITION, OR LIMITATION OF ANY LICENSE
OR REGISTRATION ISSUED UNDER SUBTITLE 2 OF THIS TITLE:

(1) IS LIABLE FOR SUBJECT TO A CIVIL PENALTY NOT
EXCEEDING $5,000, TO BE COLLECTED IN A CIVIL IN AN ACTION IN THE
ANY DISTRICT COURT FOR ANY COUNTY; AND

(2) MAY BE ENJOINED FROM CONTINUING THE VIOLATION.

(C) EACH DAY ON WHICH A VIOLATION OCCURS IS A SEPARATE
VIOLATION UNDER THIS SECTION.

FOR the purpose of providing for the licensing and regulation of
food establishments; repealing certain existing duplicative
or obsolete provisions of the law regarding the sale of
butter and margarine, wheat flour, adulterated candy or
lozenges, the sale of ice, the sale of bottle drinking
water, the posting lifesaving charts in restaurants, the

sale of tomatoes, tomato juice, vinegar, coffee with

chicory, and products containing methyl and denatured

alcohol, the licensing and regulation of soft drinks, cold
storage and cold storage warehouses, canneries, frozen food
processing plants, crab meat and crab meat plants, shellfish

and other miscellaneous food and food establishment

provisions; creating a new subtitle "Subtitle 3. Food
Establishments"; defining certain terms; specifying certain
food products not regulated by this Act; providing the
purpose of this Act; requiring the Department of Health and
Mental Hygiene to adopt rules and regulations to carry out
the provisions of this Act; allowing certain political