Ch. 370

LAWS OF MARYLAND

filing date. Late fees are not applicable to new products which
are registered before being distributed, sold, or offered for
sale.

(f) The Secretary may require the submission of
TOXICOLOGICAL, ENVIRONMENTAL, OR HEALTH EFFECTS DATA THAT THE
SECRETARY CONSIDERS APPROPRIATE, OR the complete formula of any
pesticide whenever he deems this action necessary to effectuate
the purposes of this subtitle. The Secretary shall register the
pesticide if he determines that the [composition of it warrants
the proposed claims for it and if the] pesticide, its labeling,
and other material required to be submitted comply with the
requirements of [§ 5-105] THIS SUBTITLE.

(g) Notwithstanding any other provisions of this subtitle,
registration is not required when a pesticide is shipped from one
plant within the State to another plant within the State operated
by the same person.

(G) PROVIDED THE PRODUCT LABEL HAS NOT BEEN ALTERED OR
CHANGED, A DISTRIBUTOR SHALL NOT BE REQUIRED TO REGISTER THE
BRAND OR TRADE NAME OF A PESTICIDE WHICH HAS BEEN REGISTERED BY
ANOTHER PERSON UNDER THIS SUBTITLE.

(H) BEFORE A PESTICIDE MAY BE REGISTERED BY THE SECRETARY,
THE PESTICIDE SHALL COMPLY WITH THE PROVISIONS OF FEDERAL
PESTICIDE LAWS AND REGULATIONS.

5-106.

(a)  A pesticide is subject to the requirements of this
section if it is distributed, sold, offered for sale, delivered
for transportation or transported in intrastate commerce or
between points in the State through any point outside the State.

(b)  Any pesticide subject to this section shall be in the
registrant's or manufacturer's unbroken, immediate container.

(c)  In addition to any other requirement of this section,
any pesticide subject to this section shall have a label affixed
to the unbroken, immediate container and to the outside container
or wrapper of any retail package, if the label on the immediate
container cannot be clearly read through the outside container or
wrapper. The label shall bear the following information:

(1)  The name and address of the manufacturer,
registrant, or person for whom the pesticide is manufactured;

(2)  The name, brand, or trademark under which the
pesticide is sold; [and]

(3)  The net weight or measure of the content subject
to any reasonable variations the Department permits; AND

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