MARVIN MANDEL, Governor

2191

follows:

Article 43 - Health

MARYLAND POISON PREVENTION PACKAGING ACT

871.

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(1)    "HOUSEHOLD SUBSTANCE" MEANS ANY
SUBSTANCE CUSTOMARILY PRODUCED OR DISTRIBUTED FOR SALE
FOR CONSUMPTION OR USE, OR CUSTOMARILY STORED, BY
INDIVIDUALS IN OR ABOUT THE HOUSEHOLD AND IS;

(I)    A HAZARDOUS SUBSTANCE AS DEFINED
IN SECTION 2(F) OF THE FEDERAL HAZARDOUS SUBSTANCES ACT
(15 U.S.C. 1261(F));

(II)   PESTICIDE AS DEFINED IN 2(U) OF
THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT;

(III)  A FOOD, DRUG, OR COSMETIC AS ARE
DEFINED IN SECTION 201 OF THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT; OR

(IV)   A SUBSTANCE INTENDED FOR USE AS
FUEL WHEN STORED IN A PORTABLE CONTAINER AND USED IN THE
HEATING, COOKING, OR REFRIGERATION SYSTEM OF A HOUSE.

(2)    "PACKAGE" MEANS THE IMMEDIATE CONTAINER
OR WRAPPING IN WHICH ANY HOUSEHOLD SUBSTANCE IS CONTAINED
FOR CONSUMPTION, USE, OR STORAGE BY INDIVIDUALS IN OR
ABOUT THE HOUSEHOLD, OR ANY OUTER CONTAINER OR WRAPPING
USED IN THE RETAIL DISPLAY OF THE SUBSTANCE TO CONSUMERS.
THIS TERM DOES NOT MEAN:

(I)    ANY SHIPPING CONTAINER OR WRAPPING
USED SOLELY FOR THE TRANSPORTATION OF ANY HOUSEHOLD
SUBSTANCE IN BULK OR IN QUANTITY TO MANUFACTURERS,
PACKERS, PROCESSORS, OR TO WHOLESALE OR RETAIL
DISTRIBUTORS; OR

(II)   ANY SHIPPING CONTAINER OR OUTER
WRAPPING USED BY RETAILERS TO SHIP OR DELIVER ANY
HOUSEHOLD SUBSTANCE TO CONSUMERS UNLESS IT IS THE ONLY
SUCH CONTAINER OR WRAPPING.

(3)    "SPECIAL PACKAGING" MEANS PACKAGING THAT
IS DESIGNED OR CONSTRUCTED TO BE SIGNIFICANTLY DIFFICULT
FOR CHILDREN UNDER 5 YEARS OF AGE TO OPEN OR OBTAIN A
TOXIC OR HARMFUL AMOUNT OF THE SUBSTANCE CONTAINED
THEREIN WITHIN A REASONABLE TIME AND NOT DIFFICULT FOR
NORMAL ADULTS TO USE PROPERLY, BUT DOES NOT MEAN
PACKAGING WHICH ALL CHILDREN CANNOT OPEN OR OBTAIN A
TOXIC OR HARMFUL AMOUNT WITHIN A REASONABLE TIME.