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§ 4-123. Prohibited acts

West's Annotated Code of MarylandAgriculture

West's Annotated Code of Maryland
Agriculture
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 1. Maryland Wholesome Meat Act
MD Code, Agriculture, § 4-123
§ 4-123. Prohibited acts
No person may commit or cause the commission of any of the following acts:
(1) Slaughtering livestock or preparing any livestock carcass, part of it, or meat food product in any establishment operating solely for intrastate commerce, without obtaining a license;
(2) Selling, donating, transporting, or offering or receiving for sale or transportation in intrastate commerce:
(i) Any livestock carcass, part of it, or meat food product, unless the article has been inspected to assure it is not adulterated or misbranded pursuant to the provisions of this subtitle or the Federal Meat Inspection Act;1 or
(ii) Any article capable of use as human food which is adulterated or misbranded at the time of sale, donation, transportation or offer or receipt for sale or transportation;
(3) Doing any act that is intended to cause any livestock carcass, part of it, or meat food product capable of use as human food to be adulterated or misbranded while the article is transported in intrastate commerce or is held for sale or donation after transportation;
(4) Selling, donating, transporting, or offering or receiving for sale or transportation in intrastate commerce any equine carcass, part of it, or meat or meat food products of any equine, unless it is plainly and conspicuously marked or labeled, or otherwise identified, as required by departmental rules and regulations, to show the kind of animals from which the article is derived;
(5) Buying, selling, transporting, or offering or receiving for sale or transportation in intrastate commerce any livestock carcass, part of it, meat or meat food product not intended for use as human food unless it is denatured, naturally inedible by humans, or otherwise identified to deter its use as human food as required by regulation;
(6) Labeling or selling hamburger, chopped or ground beef as “all beef” or “all meat” if the product contains more than 30 percent of fat, but the product may contain seasoning not in excess of condimental qualities;
(7) Labeling or selling any hamburger, chopped or ground beef mixed with poultry, pork, or other meat products, unless the content of all meats mixed with the beef prominently appears on the labeling of the package before the content of the beef is stated;
(8) Casting, printing, lithographing, or otherwise making any device containing any official mark, or simulation, or any label bearing an official mark or simulation, or any form of official certificate, or simulation, except as authorized by the Secretary;
(9) Forging any official device, mark, or certificate;
(10) Using any official device, mark, or certificate, or simulation of any of them, or altering, detaching, defacing, or destroying any official device, mark, or certificate without the Secretary's authorization; failing to use, detach, deface, or destroy, any official device, mark, or certificate in violation of the departmental rules and regulations;
(11) Knowingly possessing, without promptly notifying the Secretary:
(i) Any official device;
(ii) Any counterfeit, simulated, forged, or improperly altered official certificate; or
(iii) Any device, label, or any animal carcass, part or product of it, bearing any counterfeit, simulated, forged, or improperly altered official mark;
(12) Knowingly making any false statement in any shipper's certificate or other nonofficial or official certificate provided by the departmental regulations;
(13) Knowingly and falsely representing that any article has been inspected and passed or exempted under this subtitle;
(14) Neglecting or refusing to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if a person has the power to do so, in obedience to a Department subpoena;
(15) Willfully making any false entry or statement of fact in any report required by this subtitle or willfully making any false entry in any record kept by any person subject to this subtitle;
(16) Failing to file any report, required by the Secretary, within the required time or failing to keep any record required by § 4-120 of this subtitle;
(17) Refusing to permit the Secretary access at any reasonable time, to the premises, facilities, inventory, or records of any establishment at which livestock are slaughtered, or the carcasses, parts of them, or meat food products are prepared, or refusing to permit the Secretary to copy any records required by § 4-120 of this subtitle;
(18) Assaulting, resisting, opposing, impeding, intimidating, or interfering with any person while engaged in, or on account of, the performance of his official duties under this subtitle;
(19) Giving or paying anything of value to any person employed to perform any official duties under this subtitle; or
(20) Receiving by any person, employed to perform any official duties under this subtitle, anything of value, given or paid by any person, to influence his official actions.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 6, § 1. Amended by Acts 1986, c. 5, § 1; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994.
Formerly Art. 66C, §§ 470-I, 470J.

Footnotes

Pub.L. 90-201, Dec. 15, 1967, 81 Stat. 584, codified at 21 U.S.C.A. § 601 et seq.
MD Code, Agriculture, § 4-123, MD AGRIC § 4-123
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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