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Session Laws, 1973, Special Session
Volume 710, Page 708   View pdf image
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708                                       LAWS OF MARYLAND                             [Ch. 4

(C)   SHIPMENT OF OYSTERS LESS THAN THREE INCHES
PROHIBITED. - A PERSON MAY NOT TRANSPORT OR ATTEMPT TO
TRANSPORT OUTSIDE THE STATE OYSTERS MEASURING LESS THAN
THREE INCHES IN LENGTH FROM HINGE TO MOUTH REGARDLESS
OF WHETHER THEY ARE CAUGHT ON THE NATURAL BARS OF THE
STATE OR FROM PRIVATE BEDS AND LOTS IN THE STATE.

(D)    APPLICABILITY OF CULL LAW. - THE PROVISIONS
OF THIS SUBTITLE RELATING TO THE INSPECTION AND
CULLING OF OYSTERS AND THE IMPOSITION OF PENALTIES FOR
ANY VIOLATION OF THE CULL LAW APPLY TO OYSTERS IN THE
SHELL FOUND ANYWHERE WITHIN THE STATE, WHETHER AFLOAT
OR ASHORE, AND WHETHER SAID OYSTERS HAVE BEEN CAUGHT
WITHIN THE WATERS OF THE STATE OR SHIPPED OR BROUGHT
INTO THE STATE. HOWEVER, OYSTERS CONTAINING MORE THAN
FIVE PERCENT SHELLS OR SMALL OYSTERS LEGALLY TAKEN
FROM PRIVATELY OWNED BEDS OUTSIDE THE STATE MAY BE
ADMITTED IF

(1)    INSPECTED BY THE DEPARTMENT PRIOR TO
STORAGE IN A SHOCKING HOUSE, AND

(2)   ACCOMPANIED BY A BILL OF SALE OR BILL
OF LADING ISSUED BY THE PRIVATE PLANTERS SELLING THE
CARGO OR AN APPROPRIATE CERTIFICATE FROM THE
AUTHORITIES OF THE STATE OF ORIGIN, CERTIFYING THAT
THE CARGO WAS CAUGHT FROM PRIVATELY OWNED OYSTER BEDS
IN THE STATE OF ORIGIN AND THAT THE OYSTERS WERE
CAUGHT IN FULL COMPLIANCE WITH THE LAWS OF THAT STATE.

REVISOR'S NOTE: Subsection (a) presently appears
as Article 66C, section 699(a) of the Code.
The initial reference to "merchantable and
unmerchantable" is proposed for deletion as
unnecessary since all oysters are either
merchantable or unmerchantable. References
to "bed," meaning oyster bed, in this and
subsequent subsections also are proposed
for deletion because "oyster bed" has the
same meaning as "oyster bar".

Subsection (b) presently appears as Article
66C, section 699(b) of the Code. Here, the
word "unmerchantable" is proposed for
deletion because it is synonymous with
"unmarketable". "Marketable" has a
specific meaning, set forth in section
4—901 (j), and is used exclusively through-
out this title instead of synonyms such as
"merchantable." The last provisions of
section 699 (b) are proposed for deletion in

 

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Session Laws, 1973, Special Session
Volume 710, Page 708   View pdf image
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