2192

LAWS OF MARYLAND

Ch. 793

(4) "LABELING" MEANS ALL LABELS AND OTHER
WRITTEN, PRINTED, OR GRAPHIC MATTER UPON ANY HOUSEHOLD
SUBSTANCE OR ITS PACKAGE, OR ACCOMPANYING SUCH SUBSTANCE.

372.

(A)    THE SECRETARY MAY ESTABLISH BY REGULATION,
STANDARDS FOR THE SPECIAL PACKAGING OF ANY HOUSEHOLD
SUBSTANCE IF HE FINDS THAT;

(1)    THE DEGREE OR NATURE OF THE HAZARD TO
CHILDREN IN THE AVAILABILITY OF THE SUBSTANCE, BY REASON
OF ITS PACKAGING, REQUIRES SPECIAL PACKAGING TO PROTECT
CHILDREN FROM SERIOUS PERSONAL INJURY OR SERIOUS ILLNESS
RESULTING FROM HANDLING, USING, OR INGESTING THE
SUBSTANCE; AND

(2)    THE SPECIAL PACKAGING IS TECHNICALLY
FEASIBLE, PRACTICABLE, AND APPROPRIATE FOR THE SUBSTANCE.

(B)    IN ESTABLISHING A STANDARD UNDER THIS SECTION,
THE SECRETARY SHALL CONSIDER;

(1)    THE REASONABLENESS OF SUCH STANDARD;

(2)    AVAILABLE SCIENTIFIC, MEDICAL,         AND
ENGINEERING DATA CONCERNING SPECIAL PACKAGING      AND
CONCERNING CHILDHOOD ACCIDENTAL INGESTIONS, ILLNESS,      AND
INJURY CAUSED BY HOUSEHOLD SUBSTANCES;

(3)    THE MANUFACTURING PRACTICES OF
INDUSTRIES AFFECTED BY THIS ACT; AND

(4)    THE NATURE AND USE OF THE HOUSEHOLD
SUBSTANCE.

(C)    THE SECRETARY SHALL PUBLISH HIS FINDINGS, HIS
REASONS FOR, AND CITATION OF THE SECTIONS OF STATUTES
WHICH AUTHORIZE HIS ACTION.

(D)    NOTHING IN THIS ACT SHALL AUTHORIZE THE
SECRETARY TO PRESCRIBE SPECIFIC PACKAGING DESIGNS,
PRODUCT CONTENT, PACKAGE QUANTITY, OR, WITH THE EXECUTION
OF AUTHORITY GRANTED IN SECTION 4 (A) (2) OF THIS ACT,
LABELING. IN THE CASE OF A HOUSEHOLD SUBSTANCE FOR WHICH
SPECIAL PACKAGING IS REQUIRED PURSUANT TO A REGULATION
UNDER THIS SECTION, THE SECRETARY MAY IN SUCH REGULATION
PROHIBIT THE PACKAGING OF SUCH SUBSTANCE IN PACKAGES
WHICH HE DETERMINES ARE UNNECESSARILY ATTRACTIVE TO
CHILDREN.

(E) COMPLIANCE WITH FEDERAL REGULATIONS

PRESCRIBING STANDARDS ISSUED PURSUANT TO THE FEDERAL ACT
SHALL BE CONSIDERED COMPLIANCE WITH THIS ACT.

873.

(A) FOR THE PURPOSE OF MAKING ANY HOUSEHOLD