Section 21-250 – Inspection of Records of Carriers; Use of Evidence Against Carrier Prohibited; Carriers’ Exclusion From Other Sections
(a) For the purpose of enforcing this subtitle and after presentation of appropriate credentials to any person who is in charge of or has custody of the records, the Secretary or a representative of the Secretary may have access to and may copy any record of a carrier in commerce if the record concerns the movement […]
Section 21-251 – Analysis of Samples
(a) If, while conducting an inspection under § 21-249 of this subtitle or while performing any other function under this subtitle, the Secretary obtains a sample of a food or drug, the Secretary may have an analysis or other examination made in a laboratory of the Department to determine: (1) As to a food sample, whether the […]
Section 21-252 – Injunctive Actions
In addition to and not instead of any other remedy authorized under this subtitle, the Secretary may bring an action to temporarily or permanently enjoin any violation of §§ 21-256 through 21-259 of this subtitle.
Section 21-253 – Detainment and Destruction of Articles
(a) Under this section, there is a ground for action against a food, drug, device, or cosmetic if it is: (1) Adulterated; (2) So misbranded that it is dangerous or fraudulent; (3) A food that violates any requirement imposed under § 21-211 of this subtitle; or (4) A drug that violates the provisions on new drugs under § 21-223 of […]
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 […]