HARRY HUGHES, Governor

2097

phrase "or mixture of substances" is deleted as
unnecessary.

In subsection (a)(1) of this section, "from" is
substituted for "during or as a proximate result
of any".

In subsection (b)(2) of this section, the
reference to a "fuel that is a household
substance under § 5-301 of this article" is
substituted for "fuels when stored in containers
and used in the heating, cooking, or
refrigeration system of a house", for clarity.

In subsection (b)(3) of this section, "pesticide"
is substituted for "economic poison", for
clarity. See the parallel federal provision, 15
U.S.C. § 1261 (f)(2), in which the term
"pesticide" also has been substituted for
"economic poison".

7-102. RULES AND REGULATIONS.

(A) IN GENERAL.

IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT,
FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY, THE
SECRETARY MAY ADOPT RULES AND REGULATIONS THAT:

(1) DECLARE TO BE A HAZARDOUS MATERIAL ANY
SUBSTANCE THAT THE SECRETARY FINDS:

(I)  MEETS THE STANDARDS FOR BEING A
HAZARDOUS MATERIAL;

(II)  IS A TOY OR OTHER SUBSTANCE INTENDED
FOR USE BY CHILDREN THAT PRESENTS AN ELECTRICAL, MECHANICAL,
OR THERMAL HAZARD; OR

(III)  NEEDS TO BE DECLARED A HAZARDOUS
MATERIAL TO REMOVE ANY UNCERTAINTY AS TO WHETHER IT IS
HAZARDOUS MATERIAL;

MATERIAL;

(2) SET REQUIREMENTS FOR LABELING HAZARDOUS

(3) DECLARE ANY HAZARDOUS MATERIAL TO BE A
BANNED HAZARDOUS MATERIAL AND REQUIRE ITS REMOVAL FROM
COMMERCE IF THE SECRETARY FINDS THAT:

(I) THE HAZARDOUS MATERIAL IS A DANGER TO
THE PUBLIC HEALTH AMD SAFETY; AND

(II) PROPER LABELING CANNOT PROTECT THE
PUBLIC HEALTH AND SAFETY ADEQUATELY.