HARRY HUGHES, Governor

2071

5-304. SAME -- REQUIRED CONSIDERATIONS.

IN SETTING ANY STANDARD FOR LABELING AND CHILD
RESISTANT PACKAGING OF ANY DANGEROUS HOUSEHOLD SUBSTANCE,
THE SECRETARY SHALL CONSIDER:

(1)  THE NATURE AND USE OF THE DANGEROUS
HOUSEHOLD SUBSTANCE;

(2)  THE REASONABLENESS OF THE STANDARD;

(3)  AVAILABLE SCIENTIFIC AND ENGINEERING
INFORMATION ABOUT CHILD RESISTANT PACKAGING;

(4)  AVAILABLE MEDICAL INFORMATION ABOUT PERSONAL
INJURY TO AND ILLNESS OF CHILDREN FROM ACCIDENTAL ACCESS TO
DANGEROUS HOUSEHOLD SUBSTANCES; AND

(5)  MANUFACTURING PRACTICES OF INDUSTRIES
AFFECTED BY THIS SUBTITLE.

REVISOR'S NOTE: This section, is new language derived
without substantive change from former Article
43, § 889(b).

In item (4) of this section, the former provision
that related to childhood "ingestions" is deleted
as unnecessary in light of § 5-303(a) of this
subtitle.

5-305. SAME -- PROCEDURES FOR ADOPTION.

(A)  COMPLIANCE WITH ADMINISTRATIVE PROCEDURE ACT.

EXCEPT FOR A STATE ADOPTED FEDERAL REGULATION, THE
SECRETARY MAY NOT ADOPT ANY RULE OR REGULATION UNDER THIS
SUBTITLE UNLESS THE REQUIREMENTS OF THIS SUBTITLE AND THE
ADMINISTRATIVE PROCEDURE ACT ARE MET.

(B)  NOTICE OF PROPOSED RULES AND REGULATIONS.

IF THE SECRETARY PROPOSES TO SET A STANDARD FOR CHILD
RESISTANT PACKAGING OF A DANGEROUS HOUSEHOLD SUBSTANCE, THE
SECRETARY SHALL PUBLISH:

(1)  THE FINDINGS MADE BY THE SECRETARY UNDER §
5-303 OF THIS SUBTITLE;

(2)  THE REASONS FOR THE PROPOSED STANDARD; AND

(3)  THE CITATION OF EACH STATUTORY PROVISION
THAT AUTHORIZES THE ACTION.

REVISOR'S NOTE: This section is new language derived