§ 5-110. Exemptions

   (a) Persons exempted from § 5-106 or § 5-109 of this subtitle. -- The following persons are not subject to any penalty for a violation of § 5-106 or § 5-109 of this subtitle:

   (1) Any carrier while lawfully engaged in transporting a pesticide within the State, if the carrier, upon request, permits the Secretary to copy any record showing the transactions in and movement of any pesticide;

   (2) Any public official of the State or the federal government engaged in the performance of his official duty; or

   (3) A manufacturer or shipper of a pesticide for experimental use only (i) by or under the supervision of an agency of the State or of the federal government authorized by law to conduct pesticide research, or (ii) by any other person if the pesticide is not sold and if its container shows the manufacturer's name and address and it is plainly and conspicuously marked "for experimental use only -- not to be sold". However, if a written permit is obtained from the Secretary, the pesticide may be sold for experimental purposes subject to any restriction set forth in the permit.

(b) Exports to foreign countries. -- A pesticide is not in violation of this subtitle, if it is intended solely for export to a foreign country, and if it is prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of this subtitle apply.

HISTORY: An. Code 1957, art. 48, § 135; 1973, 1st Sp. Sess., ch. 6, § 1; 1999, ch. 34, § 1; 2007, ch. 5, § 7.