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 21-242 – 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.
Section 21-243 – Orders After Rule or Regulation Protest Hearings
(a) (1) As soon as practicable after a hearing on a protest to a rule or regulation under § 21-242 of this subtitle, the Secretary shall: (i) Act on the protest by issuing an order; and (ii) Send a copy of the order to each protester by certified mail, return receipt requested, bearing a postmark from the United States […]
Section 21-244 – Copies of Statutes; Collecting and Disseminating Information
(a) The Secretary shall provide a copy of this subtitle and Subtitle 1 of this title: (1) To the extent possible, to any person who in this State manufactures, packs, stores, or sells, at wholesale or retail, any food, drug, device, or cosmetic; and (2) To any person who requests it. (b) The Secretary may: (1) Publish summaries of judgments, […]
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 21-240 – 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 21-234 – General Rules and Regulations; Application of Administrative Procedure Act
(a) The Secretary may adopt rules and regulations to carry out the provisions of this subtitle. (b) Except for a State adopted federal rule or regulation, the Secretary may not adopt any rule or regulation under this subtitle unless the requirements of this subtitle and the Administrative Procedure Act are met.
Section 21-235 – Conformance of State Rules and Regulations; Federal Rules and Regulations
(a) So far as practicable, the Secretary may conform any rule or regulation adopted under this subtitle to the rules and regulations adopted under the federal act. (b) The Secretary may adopt for purposes of this subtitle any rule or regulation adopted by the United States Department of Agriculture.
Section 21-236 – Application of Administrative Procedure Act to Hearing
The Secretary shall give notice of and hold any hearing authorized or required by this subtitle in accordance with the Administrative Procedure Act.
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 […]