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LAWS OF MARYLAND

Ch. 10

consensus standards and/or established federal standards, the
Commissioner may adopt by reference and issue such rules,
regulations and standards without the necessity of a public
hearing thereon, notwithstanding the provisions of subsection (i)
hereof, provided the Commissioner shall publish or otherwise
circulate notice of his action in adopting such rules,
regulations and standards by reference, complies with subsections
(j) and (k) hereof, and files copies thereof with the clerk of
the Court of Appeals, with the Secretary of State, with the State
Library, with each of the libraries of the respective circuit
courts of the several counties, with the State Department of
Legislative Reference, and, subject to [Article 40, § 51 of the
Code] § 2-1312 OF THE STATE GOVERNMENT ARTICLE, with the General
Assembly of Maryland.

32B.

(b)  Sections 32A through 32N of this subtitle do not apply
to any hazardous chemical that is:

(1)  A consumer product or [food stuff] FOODSTUFF
packaged for distribution to, and intended for use by, the
general public. This includes any product used by an employer in
the same physical form, concentration and manner as used by
consumers, and to which, in the employer's knowledge, employee
exposure is not significantly greater than that of the consumer
in foreseeable consumer uses of the product;

(2)  An article which is formed to a specific shape or
design during manufacture and has end use function dependent in
whole or in part upon its shape or design during end use and does
not release or otherwise result in exposure to a hazardous
chemical under normal conditions of use[.];

(3)  An ingredient used in the production of [food
stuffs] FOODSTUFFS which are regulated under the Federal Food,
Drug, and Cosmetic Act; and

(4)  A hazardous chemical being transported or
temporarily stored in a sealed or totally enclosed container and
which is transported in accordance with requirements of the
United States Department of Transportation.

32K.

(c)  Any independent contractor or employer to whom
information is not supplied under subsections (a) and (b) of this
section may obtain a chemical information list or material safety
data sheet from the Department of Health and Mental Hygiene,
pursuant to [§ 32H(c)] § 32H(B) of this subtitle.

32L.

(c) If an employer fails to comply with [subsections]
SUBSECTION (a) or SUBSECTION (b) of this section, an employee