Ch. 369

LAWS OF MARYLAND

obtained within 30 days, the Secretary may begin condemnation
proceedings. Upon request of any person aggrieved by
noncompliance, the Secretary is required to begin condemnation
proceedings.] THE SECRETARY MAY ISSUE AND ENFORCE A WRITTEN
STOP-SALE ORDER TO THE REGISTRANT, OWNER, CUSTODIAN, OR
DISTRIBUTOR OF ANY FERTILIZER OR SOIL CONDITIONER 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, PLANTS, OR THE ENVIRONMENT.

(B) THE ORDER PROHIBITS SALE OR DISTRIBUTION OF THE
FERTILIZER OR SOIL CONDITIONER UNTIL THE SECRETARY:

(1)  HAS EVIDENCE THAT THE PRODUCT IS IN COMPLIANCE
WITH THE LAW; AND

(2)  PROVIDES A WRITTEN RELEASE FROM THE STOP-SALE
ORDER.

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

6-219.

(a)  To determine the commercial value to be applied in
subsection (b), the Secretary shall determine and publish
annually the values per pound of nitrogen, available phosphoric
acid, soluble potash and other plant nutrients in commercial
fertilizers in the State as determined by the Secretary.

(b)   If an official analysis of a lot shows that a
commercial fertilizer is deficient in a guaranteed primary plant
nutrient, that is nitrogen, available phosphoric acid, and
soluble potash, beyond the investigational allowance as
established by rule or regulation, the Secretary shall assess
against the registrant a penalty of three times the commercial
value of the deficiency in the lot analyzed if the deficiency is
confirmed in a hearing before him.

(c)  The Secretary shall evaluate other deficiencies OR
EXCESSES beyond the investigational allowance established by rule

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