(a) In accordance with the Administrative Procedure Act, for the protection of the public health and safety, the Secretary may adopt rules and regulations that:
(1) Declare to be a hazardous material any substance that the Secretary finds:
(i) Meets the standards for being a hazardous material;
(ii) Is a toy or other substance intended for use by children that presents an electrical, mechanical, or thermal hazard; or
(iii) Needs to be declared a hazardous material to remove any uncertainty as to whether it is hazardous material;
(2) Set requirements for labeling hazardous material; and
(3) Declare any hazardous material to be a banned hazardous material and require its removal from commerce if the Secretary finds that:
(i) The hazardous material is a danger to the public health and safety; and
(ii) Proper labeling cannot protect the public health and safety adequately.
(b) 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.
Structure Maryland Statutes
Title 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials
Subtitle 5 - Hazardous Materials
Section 22-501 - "Hazardous Material" Defined
Section 22-502 - Rules and Regulations
Section 22-503 - Misbranded Hazardous Material
Section 22-504 - Immediate Ban Where Imminent Hazard Exists
Section 22-505 - Judicial Review
Section 22-506 - Right of Entry, Inspection, and Samples
Section 22-507 - Right of Entry for Inspection; Publication and Dissemination
Section 22-508 - Investigation Results Available as Evidence