594                                     LAWS OF MARYLAND                              Ch. 231

809.

FOR THE PURPOSES OF THIS SUBTITLE, THE TERM "HAZARDOUS
SUBSTANCE" MEANS:

(1)   ANY SUBSTANCE OR MIXTURE OF SUBSTANCES WHICH (I)
IS TOXIC, (II) IS CORROSIVE, (III) IS AN IRRITANT, (IV) IS A STRONG
SENSITIZER, (V) IS FLAMMABLE OR COMBUSTIBLE, OR (VI)
GENERATES PRESSURE THROUGH DECOMPOSITION, HEAT, OR
OTHER MEANS, IF THE SUBSTANCE OR MIXTURE OF SUBSTANCES
MAY CAUSE SUBSTANTIAL PERSONAL INJURY OR SUBSTANTIAL
ILLNESS DURING OR AS A PROXIMATE RESULT OF ANY
CUSTOMARY OR REASONABLE FORESEEABLE HANDLING OR USE,
INCLUDING REASONABLE FORESEEABLE INGESTION BY
CHILDREN;

(2)       ANY SUBSTANCE THE SECRETARY OF HEALTH AND
MENTAL HYGIENE BY REGULATION FINDS, PURSUANT TO § 810 OF
THIS SUBTITLE, MEETS THE REQUIREMENTS OF PARAGRAPH (I)
ABOVE; OR

(3)     ANY TOY OR OTHER ARTICLE INTENDED FOR USE BY
CHILDREN WHICH THE SECRETARY BY REGULATION FINDS,
PURSUANT TO § 810, PRESENTS AN ELECTRICAL, MECHANICAL, OR
THERMAL HAZARD.

(4) THE TERM HAZARDOUS SUBSTANCE SHALL NOT APPLY
TO ECONOMIC POISON SUBJECT TO THE FEDERAL INSECTICIDE,
FUNGICIDE. AND RODENTICIDE ACT, NOR TO FOODS, DRUGS, AND
COSMETICS SUBJECT TO THE FEDERAL OR STATE FOOD, DRUG,
AND COSMETIC ACT, NOR TO SUBSTANCES INTENDED FOR USE AS
FUELS WHEN STORED IN CONTAINERS AND USED IN THE
HEATING, COOKING, OR REFRIGERATION SYSTEM OF A HOUSE,
BUT SUCH TERM SHALL APPLY TO ANY ARTICLE WHICH IS NOT
ITSELF AN ECONOMIC POISON WITHIN THE MEANING OF THE
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT BUT
WHICH IS A HAZARDOUS SUBSTANCE WITHIN THE MEANING OF
SUBPARAGRAPH 1 OF THIS PARAGRAPH BY REASON OF BEARING
OR CONTAINING SUCH AN ECONOMIC POISON.

810.

(A)     IF IN THE JUDGMENT OF THE SECRETARY THIS ACTION
WILL PROMOTE THE OBJECTIVES OF THIS SUBTITLE BY AVOIDING
OR RESOLVING UNCERTAINTY AS TO ITS APPLICATION, THE
SECRETARY BY REGULATION MAY DECLARE TO BE A HAZARDOUS
SUBSTANCE, FOR THE PURPOSES OF THIS SUBTITLE, ANY
SUBSTANCE OR MIXTURE OF SUBSTANCES WHICH HE FINDS
MEETS THE REQUIREMENTS OF § 809.

(B)         THE SECRETARY BY REGULATION MAY ESTABLISH
REASONABLE LABEL REQUIREMENTS HE FINDS NECESSARY FOR
THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY; AND ANY
HAZARDOUS SUBSTANCE INTENDED OR PACKAGED IN A FORM
SUITABLE FOR USE IN THE HOUSEHOLD OR BY CHILDREN, WHICH
FAILS TO BEAR A LABEL IN ACCORDANCE WITH THESE
REGULATIONS SHALL BE DEEMED TO BE A MISBRANDED
HAZARDOUS SUBSTANCE.