(a) In this subtitle, “hazardous material” means: (1) Any substance that may cause substantial personal injury or substantial illness from customary or reasonably foreseeable handling or use, or ingestion by children, and is: (i) Toxic; (ii) Corrosive; (iii) Flammable or combustible; (iv) An irritant; (v) A strong sensitizer; or (vi) A substance that generates pressure by decomposition, heat, or other means; or (2) Any […]
(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 […]
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.
(a) 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 […]
(a) Any person who may be affected adversely by a rule or regulation adopted by the Secretary under this subtitle may take an appeal in the manner provided for judicial review of final decisions in contested cases in the Administrative Procedure Act. (b) A person who seeks judicial review under this section shall file a petition with […]
(a) To enforce this subtitle, the Secretary or a representative of the Secretary at any reasonable time may: (1) Enter and inspect any factory, warehouse, or establishment in which the Secretary believes hazardous material is manufactured, processed, packaged, or stored; and (2) Enter and inspect any vehicle that is used to transport or hold hazardous materials in commerce. […]
(a) The Secretary may collect, report, and illustrate the results of any investigation by the Department that relates to hazardous material. (b) The Secretary may: (1) Publish summaries of judgments, decrees, or court orders issued under this subtitle; and (2) If there is an imminent danger to public health, publish information about any hazardous material.
The results of any investigation made by the Department shall be available as evidence in any civil or criminal proceeding that is instituted against the manufacturer or retailer of hazardous material by any person who is injured in any manner by contact with the hazardous material.
