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§ 22-303. Application of federal rules and regulations

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 22. Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials
Subtitle 3. Child Resistant Packaging of Dangerous Household Substances (Refs & Annos)
MD Code, Health - General, § 22-303
§ 22-303. Application of federal rules and regulations
Currentness
In general
(a)(1) Any rule or regulation adopted by the federal government under the federal Poison Prevention Packaging Act1 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 to children from access to the household substance requires child resistant packaging to protect children from serious personal injury or serious illness as the result of handling, using, or ingesting the household substance; and
(ii) Child resistant packaging of the household substance is technically feasible, practicable, and appropriate.
State rule or regulation to conform
(b) So far as practicable, the Secretary may conform any rule or regulation adopted under this section to the rules and regulations adopted under the federal Poison Prevention Packaging Act.
Dangerous household substances
(c) If, under rules and regulations adopted under this subtitle, a dangerous household substance is required to meet child resistant packaging standards, the Secretary, by rule or regulation, also may prohibit its being packaged in a manner that the Secretary finds is unnecessarily attractive to children.
Child resistant packaging
(d) The standards set under this subtitle for child resistant packaging of a dangerous household substance may not require specific:
(1) Packaging designs;
(2) Product content;
(3) Package quantity; or
(4) Except as provided in § 22-310 of this subtitle, labeling.

Credits

Added as Health-Environmental § 5-303 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Transferred to Health-General § 22-303 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1987, c. 306, § 15, eff. July 1, 1987; Acts 1988, c. 6, §§ 1, 11, eff. July 1, 1988.
Formerly Art. 43, §§ 889, 891.

Footnotes

1
Pub.L. 91-601, Dec. 30, 1970, 84 Stat. 1670, codified at 15 U.S.C.A. § 1471 et seq.
MD Code, Health - General, § 22-303, MD HEALTH GEN § 22-303
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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