2018 Maryland Code
Health - General
Title 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials
Subtitle 5 - Hazardous Materials
§ 22-504. Immediate ban where imminent hazard exists

  • (a) In general. -- 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 article to be a banned hazardous material; and

    • (2) Requires its immediate removal from commerce.

  • (b) Hearing. -- Immediately after the Secretary issues a temporary rule or regulation under subsection (a) of this section, the Secretary shall:

    • (1) Give notice of and hold a hearing on the temporary rule or regulation; and

    • (2) As promptly as possible, complete proceedings under ยง 22-502 of this subtitle for adoption of the rule or regulation.

  • (c) Application of Administrative Procedure Act. -- The Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

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