2098

LAWS OF MARYLAND

Ch. 240

(B) EXEMPTIONS FROM LABELING REQUIREMENTS.

TO THE EXTENT THE SECRETARY FINDS TO BE CONSISTENT WITH
PROTECTING THE PUBLIC HEALTH AND SAFETY ADEQUATELY, THE
SECRETARY SHALL ADOPT RULES AND REGULATIONS THAT EXEMPT OR
PARTIALLY EXEMPT HAZARDOUS MATERIAL FROM THE LABELING
REQUIREMENTS IF COMPLIANCE WITH LABELING REQUIREMENTS IS
IMPRACTICAL OR UNNECESSARY:

(1)  BECAUSE OF THE SIZE OF THE PACKAGE THAT
CONTAINS THE HAZARDOUS MATERIAL;

(2)  BECAUSE THE HAZARD IS MINOR; OR

(3)  FOR OTHER GOOD REASON.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 809(2) and (3), § 811(a), and 810(a), (c),
(d) -- except the last phrase of that subsection
-- and the first clause of (b).

In subsection (a) of this section, the reference
to the Administrative Procedure Act is new
language added for clarity.

In subsection (a)(1) of this section, the former
phrase "or mixture of substances" is deleted as
unnecessary.

In subsection (a)(l)(ii) of this section,
"substance" is substituted for "article" to
conform to terminology used elsewhere in this
subtitle.

In subsection (a)(2) of this section, the former
language "he finds necessary", which modified
"requirements", is deleted as unnecessary.

Former Article 43, § 810(d) provided that the
Secretary could declare an "article to be a
banned hazardous substance and require its
removal from commerce", but, unlike the federal
act on which it is based, former Article 43, §
810(d) did not specify accompanying procedure.
To fill this gap, and to avoid due process
violations, the Commission to Revise the
Annotated Code determined that normal rulemaking
procedure should be followed in declaring
hazardous materials to be banned hazardous
materials. This revision is called to the
attention of the General Assembly.

7-103. MISBRANDED HAZARDOUS MATERIAL.