2070

LAWS OF MARYLAND

Ch. 240

FEDERAL GOVERNMENT UNDER THE FEDERAL POISON PREVENTION
PACKAGING ACT AUTOMATICALLY IS ADOPTED AS A RULE OR
REGULATION OF THIS STATE.

(2) THE SECRETARY MAY ADOPT RULES AND
REGULATIONS TO SET STANDARDS FOR LABELING AND CHILD
RESISTANT PACKAGING OF ANY HOUSEHOLD SUBSTANCE, IF THE
SECRETARY FINDS THAT:

(I)  THE POTENTIAL HAZARD TO CHILDREN FROM
ACCESS TO THE HOUSEHOLD SUBSTANCE REQUIRES CHILD RESISTANT
PACKAGING TO PROTECT CHILDREN FROM SERIOUS PERSONAL INJURY
OR SERIOUS ILLNESS AS THE RESULT OF HANDLING, USING, OR
INGESTING THE HOUSEHOLD SUBSTANCE; AND

(II)  CHILD RESISTANT PACKAGING OF THE
HOUSEHOLD SUBSTANCE IS TECHNICALLY FEASIBLE, PRACTICABLE,
AND APPROPRIATE.

(B)  CONFORMITY TO FEDERAL RULES AND REGULATIONS.

SO FAR AS PRACTICABLE, THE SECRETARY MAY CONFORM ANY
RULE OR REGULATION ADOPTED UNDER THIS SECTION TO THE RULES
AND REGULATIONS ADOPTED UNDER THE FEDERAL POISON PREVENTION
PACKAGING ACT.

(C)  PROHIBITING PACKAGING ATTRACTIVE TO CHILDREN.

IF, UNDER RULES AND REGULATIONS ADOPTED UNDER THIS
SUBTITLE, A DANGEROUS HOUSEHOLD SUBSTANCE IS REQUIRED TO
MEET CHILD RESISTANT PACKAGING STANDARDS, THE SECRETARY, BY
RULE OR REGULATION, ALSO MAY PROHIBIT ITS BEING PACKAGED IN
A MANNER THAT THE SECRETARY FINDS IS UNNECESSARILY
ATTRACTIVE TO CHILDREN.

(D)  LIMITATIONS.

THE STANDARDS SET UNDER THIS SUBTITLE FOR CHILD
RESISTANT PACKAGING OF A DANGEROUS HOUSEHOLD SUBSTANCE MAY
NOT REQUIRE SPECIFIC:

(1)  PACKAGING DESIGNS;

(2)  PRODUCT CONTENT;

(3)  PACKAGE QUANTITY; OR

(4)  EXCEPT AS PROVIDED IN § 5-310 OF THIS
SUBTITLE, LABELING,

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 889(a) and (d) and § 391(a) and the
reference to the automatic adoption of federal
regulations in the first sentence of (c).