HARRY HUGHES, Governor

2075

DANGEROUS HOUSEHOLD SUBSTANCE THAT IS SUBJECT TO A CHILD
RESISTANT PACKAGING STANDARD MAY BE PROVIDED IN SINGLE SIZE
CONVENTIONAL PACKAGES DESIGNED FOR EASY OPENING BY ELDERLY
OR HANDICAPPED INDIVIDUALS IF:

(1)  ELDERLY OR HANDICAPPED INDIVIDUALS WOULD BE
UNABLE TO USE THE DANGEROUS HOUSEHOLD SUBSTANCE IF PACKAGED
IN ACCORDANCE WITH THE CHILD RESISTANT PACKAGING STANDARD;

(2)  THE DANGEROUS HOUSEHOLD SUBSTANCE IS AT THE
SAME TIME PROVIDED IN PACKAGES THAT MEET THE CHILD RESISTANT
PACKAGING STANDARDS ADOPTED UNDER THIS SUBTITLE; AND

(3)  THE SINGLE SIZE CONVENTIONAL PACKAGE OF THE
DANGEROUS HOUSEHOLD SUBSTANCE BEARS A CONSPICUOUS LABEL ON
WHICH IS PRINTED:

(I)  "THIS PACKAGE FOR HOUSEHOLDS WITHOUT
YOUNG CHILDREN"; OR

(II)  IF THE PACKAGE IS TOO SMALL FOR THAT
STATEMENT, A SUBSTITUTE STATEMENT AS REQUIRED BY RULE OR
REGULATION.

(B) REQUIRING CHILD RESISTANT PACKAGING EXCLUSIVELY.

(1)  IF THE SECRETARY FINDS THAT A DANGEROUS
HOUSEHOLD SUBSTANCE OFFERED IN A SINGLE SIZE CONVENTIONAL
PACKAGE UNDER SUBSECTION (A) OF THIS SECTION IS NOT OFFERED
AT THE SAME TIME IN A POPULAR SIZE PACKAGE THAT CONFORMS TO
THE CHILD RESISTANT PACKAGING STANDARDS, THE SECRETARY MAY
NOTIFY THE MANUFACTURER OR PACKER OF THE DANGEROUS HOUSEHOLD
SUBSTANCE OF THE VIOLATION AND OF A TIME PERIOD WITHIN WHICH
THE VIOLATION IS TO BE CORRECTED.

(2)  IF THE VIOLATION REMAINS UNCORRECTED AT THE
END OF THE SPECIFIED TIME PERIOD, THE SECRETARY, AFTER
GIVING THE MANUFACTURER OR PACKER AN OPPORTUNITY FOR A
HEARING, MAY ORDER THE MANUFACTURER OR PACKER TO PACKAGE THE
DANGEROUS HOUSEHOLD SUBSTANCE ONLY IN PACKAGES THAT CONFORM
TO THE CHILD RESISTANT PACKAGING STANDARDS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 890(a) and (c).

In subsection (b)(2) of this section, the former
reference to the Secretary ordering exclusive use
of child resistant packaging only if that is
necessary to accomplish the purposes of this
subtitle is deleted as unnecessary and inherent
in the responsibilities of the Secretary under
this subtitle.

5-311. PACKAGING OF DANGEROUS HOUSEHOLD SUBSTANCES