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 21-217 – Misbranded Drugs and Devices — in General
(a) For purposes of this subtitle, a drug or device is misbranded if the standards in this section or in § 21-218 or § 21-220(d) or (e) of this subtitle apply. (b) A drug or device is misbranded if: (1) Its labeling is false or misleading in any way; (2) Its labeling or packaging does not conform with any […]
Section 21-237 – Definitions and Standards of Identity and Quality
(a) (1) Except as provided for meat and poultry products under paragraph (3) of this subsection and for frozen desserts under Subtitle 8 of this title, the definitions and standards of identity and quality adopted by rule or regulation under the federal act for foods are the definitions and standards of identity and quality for foods in […]
Section 21-218 – Additional Grounds of Drug Misbranding
(a) In this section, “antibiotic drug” means any drug that: (1) Is intended for use by a human being; (2) Contains any quantity of a chemical substance or the chemically synthesized equivalent of a chemical substance that is produced by microorganisms; and (3) Can inhibit or destroy microorganisms in dilute solution. (b) In addition to any other ground that may […]
Section 21-238 – Authorization by Permit of Exceptions to Definitions and Standards
(a) If a temporary permit is issued under the federal act to authorize an interstate shipment that varies from the definitions and standards of identity set under the federal act, the permit is effective in this State under the conditions provided in the permit. (b) For experimental or other purposes, the Secretary may issue a permit that […]
Section 21-219 – Exemptions From Labeling and Packaging Requirements for Drugs and Devices Subject to Additional Processing, Labeling, or Packing
(a) A drug or device is not subject to the labeling or packaging requirements of this subtitle if a rule or regulation is adopted under the federal act or as provided under this section to exempt it. (b) The Secretary shall adopt rules and regulations to exempt from the labeling requirements of this subtitle any drug or […]