2084

LAWS OF MARYLAND

Ch. 240

without substantive change
43, § 894.

from former Article

Throughout this section, "representative" is
substituted for "official" for clarity and to
reflect more accurately the intent behind this
section.

6-204. CARCINOGENIC CHEMICALS.

(A) INVESTIGATION.

THE DEPARTMENT SHALL DETERMINE WHETHER ANY CHEMICAL
USED AS A FIRE RETARDANT IN A PRODUCT IS A KNOWN CARCINOGEN.

(B) PUBLIC NOTICE.

IF THE DEPARTMENT DETERMINES THAT A CHEMICAL IS A KNOWN
CARCINOGEN, THE DEPARTMENT SHALL:

(1)  INFORM THE PUBLIC OF THIS DETERMINATION; AND

(2)  GIVE THE PUBLIC ANY DIRECTIONS THAT COULD
REDUCE THE DANGER FROM THE CHEMICAL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 895.

The reference to determining whether a chemical
is a "known carcinogen" is substituted for the
language "could be carcinogenic" because the
latter would require the Department to make a
subjective decision on the possibility that a
chemical is carcinogenic. This substitution
conforms to practice.

In subsection (b)(2) of this section, "from the
chemical" is new language added for clarity.

6-205.

INJUNCTION.

IF A PRODUCT IS MANUFACTURED, PROCESSED, PACKAGED,
HELD, OR SOLD IN VIOLATION OF THIS SUBTITLE OR ANY RULE OR
REGULATION ADOPTED UNDER THIS SUBTITLE, ON PETITION OF THE
SECRETARY, THE CIRCUIT COURT FOR THE COUNTY IN WHICH THE
PRODUCT IS LOCATED MAY GRANT AN INJUNCTION FORBIDDING ALL OR
ANY ONE OF THE FOLLOWING:

(1)  MANUFACTURING THE PRODUCT;

(2)  PROCESSING THE PRODUCT;

(3) PACKAGING THE PRODUCT;