Section 21-254 – Action Against Food That Poses Immediate Threat
(a) (1) For purposes of this section, an “immediate threat” exists if any meat, seafood, poultry, vegetable, fruit, or any other perishable substance that is intended for consumption as food: (i) Contains any filthy, decomposed, or putrid substance; (ii) Is poisonous or otherwise would be injurious to health if consumed; or (iii) Is otherwise unsafe. (2) If a food poses an […]
Section 21-255 – Reporting of Criminal Violations
(a) Except as otherwise provided in this section, the Secretary shall report to the State’s Attorney any alleged criminal violation of this subtitle. (b) Before the Secretary reports any alleged violation of this subtitle to a State’s Attorney for the institution of a criminal proceeding, the Secretary shall give the alleged violator notice and an opportunity to […]
Section 21-256 – Prohibited Acts — General Provisions
A person may not: (1) Manufacture or sell any food, drug, device, or cosmetic that is adulterated or misbranded; (2) Adulterate or misbrand any food, drug, device, or cosmetic; (3) Make a food, drug, device, or cosmetic become adulterated by altering, mutilating, destroying, obliterating, or removing any part of its labeling while the food, drug, device, or cosmetic […]
Section 21-239 – Authorization for the Use of Added Poisonous or Otherwise Deleterious Substances, Food Additives, and Color Additives
(a) (1) For purposes of §§ 21-207(b)(3), 21-216(b)(2), and 21-230(b)(5) of this subtitle, regarding food, drugs, and cosmetics respectively, the use of any added poisonous or otherwise deleterious substance, any food additive, or any color additive is considered unsafe unless the use of the substance or additive for the particular purpose is authorized by and the quantity […]
Section 21-257 – Violation of Label and Packaging Requirements for Consumer Commodities
(a) Except to the extent that the person is engaged in the packing or labeling of the commodity or specifies, by any means, the manner in which the commodity is packed or labeled, this section does not apply to any person who is engaged in business as a wholesale or retail distributor of a consumer commodity. […]
Section 21-240 – Effective Date and Protest of Rules and Regulations Proposed by Secretary
(a) Unless a written protest is filed with the Secretary, a rule or regulation proposed by the Secretary under this subtitle takes effect on the date the Secretary designates but not earlier than 90 days after publication. (b) Any person who may be affected adversely by a rule or regulation that is proposed by the Secretary under […]
Section 21-258 – Prohibited Acts — Drugs and Devices
(a) In this section, “counterfeit marking tool” means any punch, die, plate, stone, or other thing that is designed to print, imprint, or otherwise reproduce the trademark, trade name, imprint, symbol, or any other identifying mark of a drug, or a likeness of any of these markings, on a drug or on the container of a […]
Section 21-241 – Effective Date and Protest of State Adopted Federal Rules and Regulations
(a) Unless a written protest is filed with the Secretary, a State adopted federal rule or regulation takes effect in this State on the date that it becomes effective as a federal rule or regulation. (b) Any person who may be affected adversely by a State adopted federal rule or regulation may: (1) File a protest against the […]
Section 21-259 – Prohibited Acts — False Reports; Misuse of Information
A person may not: (1) Make a written report that falsely certifies the results of any inspection, examination, or test that is made to determine if there is a violation of any provision of this part; (2) Use to that person’s own personal advantage any information that is acquired under authority of this subtitle and concerns any […]
Section 21-242 – Hearings on Protests of Rules or Regulations
If a written protest against a rule or regulation is filed in accordance with § 21-240 or § 21-241 of this subtitle, the Secretary shall hold a public hearing: (1) To receive evidence on the issues raised by the protest; and (2) To hear any interested person.