Section 21-247 – False Advertising
For purposes of this subtitle, an advertisement for a food, drug, device, or cosmetic is considered to be false if it is false or misleading in any way.
Section 21-248 – Particular Representations Regarding Drugs and Devices Considered False Advertisements
(a) In addition to any finding that may be made under § 21-247 of this subtitle and except as otherwise provided in this section, an advertisement is considered to be false if it represents that a drug or device has any effect regarding albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright’s disease, cancer, carbuncles, cholecystitis, diabetes, […]
Section 21-249 – General Powers to Inspect; Taking of Samples
(a) (1) For the purpose of enforcing this subtitle and after presentation of appropriate credentials to the owner, operator, or agent in charge, the Secretary or a representative of the Secretary may enter and inspect at any reasonable time: (i) Any factory, warehouse, or other establishment in which any food, drug, device, or cosmetic is manufactured, processed, packed, […]
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 21-257 – 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 21-258 – 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 21-259 – 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 21-259.1 – Prohibited Acts — Opening Closed Food Container
(a) A person may not open a sealed, closed, or fastened food container in a food store or supermarket if opening the package or container will leave the item in an unsalable condition, unless the person: (1) Intends to purchase the item; or (2) Has received from the proprietor authority to open the item. (b) A person who violates […]
Section 21-259.2 – Prohibition on Certain Ingredients Knowingly Included in Cosmetic Products
** TAKES EFFECT JANUARY 1, 2025 PER CHAPTER 490 OF 2021 ** (a) In this section: (1) “Ingredient” means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product; and (2) “Ingredient” does not include an incidental ingredient, as described in 21 C.F.R. § 701.3(l). (b) Except as provided in subsection (c) […]
Section 21-259.3 – Animal Testing Prohibited in Development of Cosmetic — Inapplicable to Certain Animal Testing — Local Law on Animal Testingprohibited — Civil Penalties — Enforcement
(a) (1) In this section the following words have the meanings indicated. (2) “Animal testing” means the internal or external application or exposure of a cosmetic or any component of a cosmetic to the skin, eye, or any other body part of a live nonhuman vertebrate. (3) “Ingredient” has the meaning stated in 21 C.F.R. § 700.3(e). (4) “Manufacturer” means […]
Section 21-260 – Defenses to Alleged Violations; Burden of Proof
(a) Except as to an alleged violation that is enumerated under subsection (b)(2) of this section, a person may not be convicted of any violation of this part, if, with respect to the alleged violation, the person establishes by a preponderance of evidence that the person did not commit the alleged violation purposely, knowingly, recklessly, or […]
Section 21-261 – Abatement Orders
(a) If the Department believes that a person is violating any provision of this subtitle or any regulation adopted under this subtitle, the Department may have the person served with a written order that directs the person served to abate the violation within a time specified in the order. (b) Except as otherwise provided in the Administrative […]