(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 present that person’s views to the Secretary either orally or in writing. The views of the alleged violator may be presented by counsel.
(c) If the Secretary believes that there has been a violation of this subtitle, but that the violation was minor and the public interest would be served adequately in the circumstances by a written notice or warning, the Secretary may issue a written notice or warning instead of reporting the violation to the State’s Attorney.
Structure Maryland Statutes
Title 21 - Food, Drugs, and Cosmetics
Subtitle 2 - Maryland Food, Drug, and Cosmetic Act
Part VI - Enforcement of Subtitle; Prohibited Acts
Section 21-247 - False Advertising
Section 21-249 - General Powers to Inspect; Taking of Samples
Section 21-251 - Analysis of Samples
Section 21-252 - Injunctive Actions
Section 21-253 - Detainment and Destruction of Articles
Section 21-254 - Action Against Food That Poses Immediate Threat
Section 21-255 - Reporting of Criminal Violations
Section 21-256 - Prohibited Acts -- General Provisions
Section 21-257 - Violation of Label and Packaging Requirements for Consumer Commodities
Section 21-258 - Prohibited Acts -- Drugs and Devices
Section 21-259 - Prohibited Acts -- False Reports; Misuse of Information
Section 21-259.1 - Prohibited Acts -- Opening Closed Food Container
Section 21-259.2 - Prohibition on Certain Ingredients Knowingly Included in Cosmetic Products
Section 21-260 - Defenses to Alleged Violations; Burden of Proof