1572                                            LAWS OF MARYLAND                                [Ch. 6

(A)   GENERAL RULE-MAKING AUTHORITY.

THE SECRETARY, AFTER PUBLIC HEARING, MAY ADOPT
APPROPRIATE RULES AND REGULATIONS TO CARRY OUT THE
PROVISIONS OF THIS SUBTITLE, INCLUDING RULES AND
REGULATIONS PROVIDING FOR THE COLLECTION AND
EXAMINATION OF SAMPLES OF PESTICIDES.

(B)    DETERMINATION AFTER AFFORDING AN OPPORTUNITY
FOR A HEARING.

THE SECRETARY MAY:

(1)   DECLARE ANY FORM OF PLANT OR ANIMAL LIFE
OR VIRUS WHICH IS INJURIOUS TO PLANTS, HUMANS,
DOMESTIC ANIMALS, ARTICLES, OR SUBSTANCES TO BE A
PEST;

(2)    DETERMINE WHETHER ANY PESTICIDE IS
HIGHLY TOXIC TO HUMANS;

(3)     DETERMINE STANDARDS OF COLORING OR
DISCOLORING FOR PESTICIDES; AND

(4)   SUBJECT PESTICIDES TO THE REQUIREMENTS
OF §5-105.

(C)    ADOPTION OF RULES AND REGULATIONS OF FEDERAL
AGENCIES.

UNIFORM PESTICIDE REQUIREMENTS BETWEEN THE SEVERAL
STATES AND THE FEDERAL GOVERNMENT ARE DESIRABLE TO
AVOID CONFUSION THAT ENDANGERS THE PUBLIC HEALTH AND
THAT RESULTS FROM DIVERSE REQUIREMENTS, PARTICULARLY
RELATING TO THE LABELING AND COLORING OF PESTICIDES,
AND TO AVOID INCREASED COSTS TO THE PEOPLE OF THE
STATE DUE TO THE NECESSITY OF COMPLYING WITH DIVERSE
REQUIREMENTS FOR MANUFACTURING AND SELLING PESTICIDES.
CONSEQUENTLY, THE SECRETARY, AFTER PUBLIC HEARING, MAY
ADOPT THE RULES AND REGULATIONS OF THE APPROPRIATE
AGENCY OF THE UNITED STATES GOVERNMENT RELATING TO
PESTICIDES, IF THE RULES AND REGULATIONS ARE
APPLICABLE TO AND CONFORM WITH THE PRIMARY STANDARDS
ESTABLISHED BY THIS SUBTITLE.

REVISOR'S NOTE: Subsection (a) presently appears
as Art. 48, §133(b) of the Code. The present
reference to "State Chemist" is proposed for
deletion and "department" is substituted for
the reasons explained in the revisor's note