2096

LAWS OF MARYLAND

Ch. 240

(A)   IN GENERAL.

IN THIS SUBTITLE, "HAZARDOUS MATERIAL" MEANS:

(1)  ANY SUBSTANCE THAT MAY CAUSE SUBSTANTIAL
PERSONAL INJURY OR SUBSTANTIAL ILLNESS FROM CUSTOMARY OR
REASONABLY FORESEEABLE HANDLING OR USE, OR INGESTION BY
CHILDREN, AND IS:

(I)  TOXIC;

(II)  CORROSIVE;

(III)  FLAMMABLE OR COMBUSTIBLE;

(IV)  AN IRRITANT;

(V)  A STRONG SENSITIZER; OR

(VI)  A SUBSTANCE THAT GENERATES PRESSURE
BY DECOMPOSITION, HEAT, OR OTHER MEANS; OR

(2)  ANY OTHER SUBSTANCE THAT THE SECRETARY
DECLARES TO BE HAZARDOUS MATERIAL UNDER § 7-102 OF THIS
SUBTITLE.

(B)  EXCLUDED MATERIALS.

IN THIS SUBTITLE, "HAZARDOUS MATERIAL" DOES NOT
INCLUDE:

(1)  ANY FOOD, DRUG, OR COSMETIC THAT IS SUBJECT
TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT OR TITLE 4,
SUBTITLE 2 OF THIS ARTICLE;

(2)  A FUEL THAT IS A HOUSEHOLD SUBSTANCE AS
DEFINED IN § 5-301 OF THIS ARTICLE; OR

(3)  A PESTICIDE THAT IS SUBJECT TO THE FEDERAL
INSECTICIDE, FUNGICIDE, OR RODENTICIDE ACT UNLESS THE
PESTICIDE IS CONTAINED IN AN ARTICLE THAT, BECAUSE IT
CONTAINS THE PESTICIDE, IS AS HAZARDOUS AS ANY SUBSTANCE
DESCRIBED IN SUBSECTION (A) OF THIS SECTION.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 809(1), (4), and the first half of
(2).

In this section, and throughout this subtitle,
"hazardous material" is substituted for
"hazardous substance" to prevent confusion
between this subtitle and Subtitle 2 of this
title, "Controlled Hazardous Substances".

In subsection (a) of this section, the former