MARVIN MANDEL, Governor

2609

or damage instead of or in addition to any other
penalties for violation of the Pesticide

Applicator's Law.

BY repealing and reenacting, with amendments,

Article — Agriculture

Section 5-211

Annotated Code of Maryland

(1974 Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 5-211 of Article - Agriculture, of
the Annotated Code of Maryland (1974 Volume and 1975
Supplement) be and it is hereby repealed and reenacted,
with amendments, to read as follows:

Article — Agriculture

5-211.

(A)     Notwithstanding any other provision of this
article, any person who violates any provision of this
subtitle is guilty of a misdemeanor and, upon conviction,
is subject to a fine not exceeding $1,000, or
imprisonment not exceeding 60 days, or both, with costs
imposed in the discretion of the court.

(B)    INSTEAD OF OR IN ADDITION TO ANY OTHER PENALTY
PROVIDED FOR IN THIS SECTION, THE COURT [[MAY]] [[SHALL]]
MAY AWARD [[RESTITUTION]] INDEMNIFICATION TO ANY PERSON

WHO HAS CONTRACTED WITH THE DEFENDANT AND WHO HAS

SUFFERED FINANCIAL INJURY OR DAMAGES AS A RESULT OF THE
VIOLATION OF ANY PROVISION OF THIS SUBTITLE.

(C)    THE AMOUNT OF ANY INDEMNIFICATION AWARDED

UNDER SECTION 5-211 (B) OF THIS SUBTITLE SHALL BE LIMITED

TO THE ACTUAL AMOUNT PAID FOR THE SERVICES BY THE INJURED
PARTY.

(D)    NOTHING IN SECTION 5-211(B) OF THIS SUBTITLE

SHALL ABROGATE THE RIGHT OF ANY PERSON TO BRING AN ACTION
FOR CIVIL DAMAGES FOR VIOLATIONS OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 25, 1976.

CHAPTER 920
(House Bill 653)