3026

LAWS OF MARYLAND

Ch. 652

(8)  An unstable reactive chemical, MEANING A CHEMICAL
which, in the pure state, or as produced or transported, will
vigorously polymerize, decompose, condense, or will become
self-reactive under conditions of shocks, pressure, or
temperature; [and] OR

(9)  A water reactive chemical, MEANING A CHEMICAL
that reacts with water to release a gas that is either flammable
or presents a health hazard.

32D.

(a) A hazardous chemical includes any substance which [is
included in] MEETS the definition of health hazard adopted by the
United States Occupational Safety and Health Administration and
published in the Federal Register on November 25, 1983, as
amended from time to time, unless the Commissioner objects to an
amendment.

32F.

(a) An employer shall develop or obtain a material safety
data sheet or, in the case of a controlled hazardous WASTE
substance, a [controlled] hazardous [substance] WASTE manifest
for each hazardous chemical identified on the chemical
information list.

32-1.

(c) Except as provided in subsection (b) of this section or
[§ 32K] § 32L of this subtitle, information submitted or made
available pursuant to this section shall be privileged and may
not be disclosed to any person or in any civil proceeding.

32J.

(a)  This section does not apply to retail establishments
with respect to chemicals intended for sale to the general
public.

(b)  A manufacturer and any distributor shall provide to a
purchaser of any hazardous chemical a material safety data sheet
containing the information required by [subsection (b) of] §
32F(B) of this subtitle.

(c)  A manufacturer or distributor who has complied with
subsection [(a)] (B) of this section in a previous sale or
shipment of a hazardous chemical shall only be required to
provide information that would update the material safety data
sheet which was previously given to the purchaser.

(d)  A purchaser who has not received from a manufacturer or
distributor the information required under this section shall
request the required information within 5 days after delivery of
the hazardous chemical.