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Session Laws, 1989
Volume 771, Page 1963   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 165

customer-formula feed manufacturing facility and paying the fee
therefor, there shall be no additional fee for the registration
of that person's portable customer-formula feed mixers, if any.]

(e) (D) Each registration expires [December 31] APRIL 30
each year.

[(f)] (E) [A] PROVIDED THE PRODUCT LABEL HAS NOT BEEN
ALTERED OR CHANGED, A distributor [is] MAY not BE required to
register any brand of commercial feed which has been registered
under this subtitle by another person.

6-113.

(a) [If the Secretary has reasonable cause to believe any
lot of commercial feed is being distributed in violation of any
provision of this subtitle or any rule or regulation under it, he
may issue and enforce a written or printed "withdrawal from sale"
order warning the distributor not to dispose of the lot of feed
in any manner until written permission is obtained from the
Secretary or the court. The Secretary shall release the withdrawn
lot of commercial feed when the provisions and rules and
regulations are complied with, and all costs and expenses
incurred in the withdrawal are paid. If compliance is not
obtained within 30 days, the Secretary may begin condemnation
proceedings.] THE SECRETARY MAY ISSUE AND ENFORCE A WRITTEN
STOP-SALE ORDER TO THE OWNER, CUSTODIAN, OR DISTRIBUTOR OF ANY
COMMERCIAL FEED THAT THE SECRETARY FINDS IS IN VIOLATION OF ANY
PROVISION OF THIS SUBTITLE OR REGULATION UNDER THIS SUBTITLE, OR
HAS BEEN FOUND BY FEDERAL OR STATE AUTHORITIES TO CAUSE
UNREASONABLE ADVERSE EFFECTS TO HUMANS, ANIMALS, OR THE
ENVIRONMENT.

(B) THE ORDER PROHIBITS SALE OR DISTRIBUTION OF THE
COMMERCIAL FEED UNTIL THE SECRETARY HAS EVIDENCE THAT THE FEED IS
IN COMPLIANCE WITH THE LAW AND UNTIL THE SECRETARY PROVIDES A
WRITTEN RELEASE FROM THE STOP-SALE ORDER.

[(b)] (C) The Secretary may file a petition for
condemnation in the circuit court of the county in which the
commercial feed is located. If the court finds the commercial
feed to be in violation of the provisions of this subtitle and
orders the condemnation, the commercial feed shall be disposed of
in any manner consistent with the quality of the commercial feed
and the laws of the State. The court may not dispose of the
commercial feed without first giving the claimant an opportunity
to apply to the court for release of it or for permission to
process or relabel the commercial feed so that it complies with
the provisions of this subtitle.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

- 1963 -

 

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Session Laws, 1989
Volume 771, Page 1963   View pdf image
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