2074                                  LAWS OF MARYLAND                                Ch. 240

SUBTITLE, THE SECRETARY SHALL:

(I)  ACT ON THE PROTEST BY ISSUING AN
ORDER; AND

(II)  SEND A COPY OF THE ORDER TO EACH
PROTESTER BY REGISTERED MAIL.

(2) EACH ORDER ISSUED UNDER THIS SECTION SHALL
BE BASED ON SUBSTANTIAL EVIDENCE IN THE RECORD OF THE
HEARING.

(B) EFFECT OF ORDER.

AN ORDER ISSUED BY THE SECRETARY UNDER THIS SECTION
MAY:

(1)  REINSTATE, RESCIND, OR MODIFY A STATE
ADOPTED FEDERAL REGULATION AS A RULE OR REGULATION OF THIS
STATE; OR

(2)  AS TO ANY OTHER RULE OR REGULATION PROPOSED
UNDER THIS SUBTITLE:

(I)  WITHDRAW THE PROPOSAL;

(II)  MODIFY THE PROPOSAL AND SET AN
EFFECTIVE DATE FOR THE MODIFIED PROPOSAL THAT IS AT LEAST 60
DAYS AFTER PUBLICATION OF THE ORDER; OR

(III)  SET A NEW EFFECTIVE DATE FOR THE
ORIGINAL PROPOSAL THAT IS AT LEAST 60 DAYS AFTER PUBLICATION
OF THE ORDER.

REVISOR'S NOTE: This section is new language derived
without substantive change from the ninth through
thirteenth sentences of former Article 43, §
891(c).

In subsection (a) of this section, "registered
mail" is substituted for "certified mail" in
light of Article 1, § 20 of the Code.

The General Assembly may wish to amend this
section to require a public hearing on any
modification the Secretary may propose to make to
a proposal. Under the current law, there appears
to be no requirement for a hearing on these
modifications.

5-310. PACKAGING FOR ELDERLY OR HANDICAPPED INDIVIDUALS.

(A) EXCEPTION TO CHILD RESISTANT PACKAGING.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A