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Section 22-301 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Child resistant packaging” means packaging that is designed so that the average child under the age of 5 years finds it significantly difficult to open the package or to obtain a harmful amount of the contents of the package within a reasonable time, and so […]

Section 22-303 – Rules and Regulations — in General

    (a)    (1)    Any rule or regulation adopted by the federal government under the federal Poison Prevention Packaging Act automatically is adopted as a rule or regulation of this State.         (2)    The Secretary may adopt rules and regulations to set standards for labeling and child resistant packaging of any household substance, if the Secretary finds that:             (i)    The potential hazard […]

Section 22-304 – Rules and Regulations — Required Considerations

    In setting any standard for labeling and child resistant packaging of any dangerous household substance, the Secretary shall consider:         (1)    The nature and use of the dangerous household substance;         (2)    The reasonableness of the standard;         (3)    Available scientific and engineering information about child resistant packaging;         (4)    Available medical information about personal injury to and illness of children from accidental […]

Section 22-305 – Rules and Regulations — Procedures for Adoption

    (a)    Except for a State adopted federal regulation, the Secretary may not adopt any rule or regulation under this subtitle unless the requirements of this subtitle and the Administrative Procedure Act are met.     (b)    If the Secretary proposes to set a standard for child resistant packaging of a dangerous household substance, the Secretary shall publish:         (1)    The findings […]

Section 22-306 – Effective Date and Protest of State Adopted Federal Regulations

    (a)    Unless a written protest is filed with the Secretary, a State adopted federal regulation takes effect in this State on the date that it becomes effective as a federal rule or regulation.     (b)    Any person who may be affected adversely by a State adopted federal regulation may:         (1)    File a protest against the State adopted federal regulation […]

Section 22-307 – Effective Date and Protest of Rules and Regulations Proposed by Secretary

    (a)    Unless a written protest is filed with the Secretary, a rule or regulation proposed by the Secretary under this subtitle takes effect on the date the Secretary designates but not earlier than 90 days after publication.     (b)    Any person who may be affected adversely by a rule or regulation that is proposed by the Secretary under […]

Section 22-308 – Hearings

    (a)    The Secretary shall give notice of and hold any hearing authorized or required by this subtitle in accordance with the Administrative Procedure Act.     (b)    If a written protest against a rule or regulation is filed in accordance with § 22-306 or § 22-307 of this subtitle, the Secretary shall provide an opportunity for a public hearing: […]

Section 22-309 – Orders After Protest Hearings

    (a)    (1)    As soon as practicable after a hearing on a protest against a rule or regulation under § 22-308 of this subtitle, the Secretary shall:             (i)    Act on the protest by issuing an order; and             (ii)    Send a copy of the order to each protester by certified mail, return receipt requested, bearing a postmark from the United States […]

Section 22-310 – Packaging for Elderly Individuals or Individuals With Disabilities

    (a)    Except as otherwise provided in this section, a dangerous household substance that is subject to a child resistant packaging standard may be provided in single size conventional packages designed for easy opening by elderly individuals or individuals with disabilities if:         (1)    Elderly individuals or individuals with disabilities would be unable to use the dangerous household substance […]

Section 22-311 – Packaging of Dangerous Household Substances Dispensed Under Prescription

    A dangerous household substance dispensed under the prescription of an authorized prescriber may be provided in a package that does not meet the child resistant packaging standards adopted under this subtitle if the noncomplying package is:         (1)    Required by the prescription; or         (2)    Requested by the purchaser.

Section 22-312 – Right of Entry and Inspection; Samples

    (a)    At any reasonable time, a representative of the Secretary may enter and inspect any establishment in which the Secretary reasonably believes a dangerous household substance is being manufactured, repacked, or relabeled.     (b)    On entering any establishment to make an inspection under this section, the representative of the Secretary shall present appropriate credentials to the owner, operator, […]