HARRY HUGHES, Governor

2099

HAZARDOUS MATERIAL IS CONSIDERED TO BE MISBRANDED IF
THE HAZARDOUS MATERIAL:

(1)  IS INTENDED OR PACKAGED IN A FORM SUITABLE
FOR USE IN THE HOME OR BY CHILDREN; AND

(2)  FAILS TO MEET THE LABELING REQUIREMENTS
ESTABLISHED BY THE RULES AND REGULATIONS ADOPTED UNDER THIS
SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second clause
of former Article 43, § 810(b).

The attention of the General Assembly is called
to this section. The General Assembly may have
intended the Secretary to have the power to
remove misbranded hazardous materials from
commerce, as under the federal act. However,
this provision, by merely creating a category of
"misbranded hazardous material", appears to fall
short of giving the Secretary that power.

7-104. IMMEDIATE BAN WHERE IMMINENT HAZARD EXISTS.

(A)  IN GENERAL.

NOTWITHSTANDING THE PROVISIONS OF THE ADMINISTRATIVE
PROCEDURE ACT, IF THE SECRETARY BELIEVES THAT A TOY OR OTHER
ARTICLE PRESENTS AN IMMINENT ELECTRICAL, MECHANICAL, OR
THERMAL HAZARD TO THE PUBLIC HEALTH AND THAT PROPER LABELING
CANNOT CORRECT THE HAZARD, THE SECRETARY SHALL ISSUE A
TEMPORARY RULE OR REGULATION, EFFECTIVE IMMEDIATELY, THAT:

(1)  DECLARES THE TOY OR OTHER ARTICLE TO BE A
BANNED HAZARDOUS MATERIAL; AND

(2)  REQUIRES ITS IMMEDIATE REMOVAL FROM
COMMERCE.

(B)  HEARING.

IMMEDIATELY AFTER THE SECRETARY ISSUES A TEMPORARY RULE
OR REGULATION UNDER SUBSECTION (A) OF THIS SECTION, THE
SECRETARY SHALL:

(1)  GIVE NOTICE OF AND HOLD A HEARING ON THE
TEMPORARY RULE OR REGULATION; AND

(2)  AS PROMPTLY AS POSSIBLE, COMPLETE
PROCEEDINGS UNDER § 7-102 OF THIS SUBTITLE FOR ADOPTION OF
THE RULE OR REGULATION.

(C)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.