Ch. 231                           MARVIN MANDEL, Governor                              595

(C)    IF THE SECRETARY FINDS THAT, BECAUSE OF THE SIZE OF
THE PACKAGE INVOLVED OR BECAUSE OF THE MINOR HAZARD
PRESENTED BY THE SUBSTANCE CONTAINED THEREIN, OR FOR
OTHER GOOD AND SUFFICIENT REASON, FULL COMPLIANCE WITH
THE LABELING REGULATIONS IS IMPRACTICABLE OR IS NOT
NECESSARY FOR THE ADEQUATE PROTECTION OF THE PUBLIC
HEALTH AND SAFETY, HE SHALL PROMULGATE REGULATIONS
EXEMPTING THE SUBSTANCE FROM THESE REQUIREMENTS TO
THE EXTENT HE DETERMINES TO BE CONSISTENT WITH
ADEQUATE PROTECTION OF THE PUBLIC HEALTH AND SAFETY.

(D)      IF THE SECRETARY FINDS THAT THE HAZARD OF AN
ARTICLE SUBJECT TO THIS SUBTITLE IS SUCH THAT LABELING
ADEQUATE TO PROTECT THE PUBLIC HEALTH AND SAFETY
CANNOT BE DEVISED, OR THE ARTICLE PRESENTS AN IMMINENT
DANGER TO THE PUBLIC HEALTH AND SAFETY, HE MAY DECLARE
THE ARTICLE TO BE A BANNED HAZARDOUS SUBSTANCE AND
REQUIRE ITS REMOVAL FROM COMMERCE.

(E)   ALL ACTIONS BY THE SECRETARY UNDER THIS SECTION
SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 811(C).

(A)     A DETERMINATION BY THE SECRETARY THAT A TOY OR
OTHER ARTICLE INTENDED FOR USE BY CHILDREN PRESENTS AN
ELECTRICAL, MECHANICAL, OR THERMAL HAZARD SHALL BE
MADE BY REGULATION IN ACCORDANCE WITH THIS SUBTITLE.

(B)    IF, BEFORE OR DURING A PROCEEDING PURSUANT TO THIS
SECTION, THE SECRETARY FINDS THAT, BECAUSE OF AN
ELECTRICAL, MECHANICAL, OR THERMAL HAZARD,
DISTRIBUTION OF THE TOY OR OTHER ARTICLE INVOLVED
PRESENTS AN IMMINENT HAZARD TO THE PUBLIC HEALTH AND
HE GIVES NOTICE OF THIS FINDING, THE TOY OR OTHER ARTICLE
SHALL BE DEEMED TO BE A BANNED HAZARDOUS SUBSTANCE FOR
PURPOSES OF THIS SUBTITLE UNTIL THE PROCEEDING HAS BEEN
COMPLETED. IF NOT YET INITIATED WHEN THE NOTICE IS GIVEN,
THE PROCEEDING SHALL BE INITIATED AS PROMPTLY AS
POSSIBLE.

(C)   (1) IN THE CASE OF ANY TOY OR OTHER ARTICLE INTENDED
FOR USE BY CHILDREN WHICH IS DETERMINED BY THE
SECRETARY TO PRESENT AN ELECTRICAL, MECHANICAL, OR
THERMAL HAZARD, OR IN ANY ACTION OF THE_ SECRETARY
UNDER SECTION 810, ANY PERSON WHO WILL BE ADVERSELY
AFFECTED BY THE DETERMINATION, AT ANY TIME PRIOR TO THE
60TH DAY AFTER THE REGULATION MAKING SUCH
DETERMINATIONS IS ISSUED BY THE SECRETARY, MAY FILE A
PETITION WITH THE COURT FOR A JUDICIAL REVIEW OF THE
DETERMINATION, PROCEEDINGS FOR REVIEW SHALL BE
INSTITUTED IN THE CIRCUIT COURT OF THE COUNTY OR IN THE
BALTIMORE CITY COURT, AS THE CASE MAY BE, EITHER WHERE
ANY PARTY RESIDES OR HAS HIS OR ITS PRINCIPAL PLACE OF
BUSINESS. A COPY OF THE PETITION SHALL BE TRANSMITTED BY
THE CLERK OF THE COURT TO THE SECRETARY OR OTHER
OFFICER DESIGNATED BY HIM FOR THAT PURPOSE. THE
SECRETARY SHALL FILE IN THE COURT THE RECORD OF THE

811.