2152

LAWS OF MARYLAND

Ch. 240

(1)  THE UNITED STATES NUCLEAR REGULATORY
COMMISSION;

(2)  THE UNITED STATES FOOD AND DRUG
ADMINISTRATION; AND

(3)  THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 677.

As to the Administrative Procedure Act, see
Article 41, § 244 et seq. of the Code.

As to federal preemption of regulatory authority
in this area, see 42 U.S.C. §§ 263f and 263n.

For federal regulations governing radiation from
electronic products, see 21 CFR 278.200 et seq.

8-107. LOCAL REGULATION.

(A)  STATE PREEMPTION.

A COUNTY, MUNICIPALITY, OR BOARD OF HEALTH MAY NOT
ADOPT OR ENFORCE AN ORDINANCE, RULE, OR REGULATION THAT IS
INCONSISTENT WITH THIS TITLE OR ANY RULE OR REGULATION
ADOPTED UNDER THIS TITLE.

(B)  LOCAL AUTHORITY.

THIS TITLE DOES NOT LIMIT THE POWER OF A COUNTY, A
MUNICIPALITY, OR A BOARD OF HEALTH TO ADOPT ORDINANCES,
RULES, OR REGULATIONS THAT ARE CONSISTENT WITH THIS TITLE
AND THE RULES AND REGULATIONS ADOPTED UNDER THIS TITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second and
third sentences of former Article 43, § 682.

The first sentence of former Article 43, § 682,
which stated that laws of this State not in
conflict with the precursor to this title were
not repealed, is deleted as unnecessary.

The Commission to Revise the Annotated Code calls
to the attention of the General Assembly the
issue presented by subsection (b) of this section
i.e., to what extent, if any, should local
governments be permitted to regulate the use and
disposal of radiation sources.

8-108. STATE-FEDERAL AGREEMENTS.