In this subtitle the following words have the meanings indicated. “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 that it is not difficult for a normal adult to open or use. “Household substance” means any substance that is customarily used or stored by individuals in or about the household and that is: A hazardous substance as defined in the Federal Hazardous Substances Act; A pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act; A food, drug, or cosmetic as defined in the Federal Food, Drug, and Cosmetic Act; or A fuel that is: Intended for use in the heating, cooking, or refrigeration system of a house; and Stored in a portable container. “Labeling” means any label or other written or graphic matter that is on or accompanies a household substance or its package. “Package” means the immediate container or wrapping of a household substance or the outer container or wrapping used in displaying a household substance to retail consumers. “Package” does not include any container or wrapping that is used only for: Transportation of a household substance in bulk or quantity to a manufacturer, packer, processor, or wholesale or retail distributor; or Shipment or delivery of a household substance to a retail consumer, unless the container or wrapping is the only package or wrapping of the household substance. “State adopted federal regulation” means any rule or regulation adopted by the federal government under the federal Poison Prevention Packaging Act that becomes a rule or regulation of this State by automatic adoption under § 22-303 of this subtitle.

Compliance with the federal standards set by rule or regulation under the federal Poison Prevention Packaging Act is sufficient compliance with this subtitle.

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. 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: 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 Child resistant packaging of the household substance is technically feasible, practicable, and appropriate. 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. 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. The standards set under this subtitle for child resistant packaging of a dangerous household substance may not require specific: Packaging designs; Product content; Package quantity; or Except as provided in § 22-310 of this subtitle, labeling.

In setting any standard for labeling and child resistant packaging of any dangerous household substance, the Secretary shall consider: The nature and use of the dangerous household substance; The reasonableness of the standard; Available scientific and engineering information about child resistant packaging; Available medical information about personal injury to and illness of children from accidental access to dangerous household substances; and Manufacturing practices of industries affected by this subtitle.

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. If the Secretary proposes to set a standard for child resistant packaging of a dangerous household substance, the Secretary shall publish: The findings made by the Secretary under § 22-303 of this subtitle; The reasons for the proposed standard; and The citation of each statutory provision that authorizes the action.

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. Any person who may be affected adversely by a State adopted federal regulation may: File a protest against the State adopted federal regulation not more than 30 days after its effective date; and Request a hearing. A protest under this section stays the effect of the State adopted federal regulation as a rule or regulation of this State.

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. Any person who may be affected adversely by a rule or regulation that is proposed by the Secretary under this subtitle may: File a protest within 30 days after publication of the proposed rule or regulation; and Request a hearing.

The Secretary shall give notice of and hold any hearing authorized or required by this subtitle in accordance with the Administrative Procedure Act. 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: To receive evidence on the issues raised by the protest; and To hear any interested person.

As soon as practicable after a hearing on a protest against a rule or regulation under § 22-308 of this subtitle, the Secretary shall: Act on the protest by issuing an order; and Send a copy of the order to each protester by certified mail, return receipt requested, bearing a postmark from the United States Postal Service. Each order issued under this section shall be based on substantial evidence in the record of the hearing. An order issued by the Secretary under this section may: Reinstate, rescind, or modify a State adopted federal regulation as a rule or regulation of this State; or As to any other rule or regulation proposed under this subtitle: Withdraw the proposal; Modify the proposal and set an effective date for the modified proposal that is at least 60 days after publication of the order; or Set a new effective date for the original proposal that is at least 60 days after publication of the order.

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: Elderly individuals or individuals with disabilities would be unable to use the dangerous household substance if packaged in accordance with the child resistant packaging standard; The dangerous household substance is at the same time provided in packages that meet the child resistant packaging standards adopted under this subtitle; and The single size conventional package of the dangerous household substance bears a conspicuous label on which is printed: “This Package for Households Without Young Children”; or If the package is too small for that statement, a substitute statement as required by rule or regulation. If the Secretary finds that a dangerous household substance offered in a single size conventional package under subsection (a) of this section is not offered at the same time in a popular size package that conforms to the child resistant packaging standards, the Secretary may notify the manufacturer or packer of the dangerous household substance of the violation and of a time period within which the violation is to be corrected. If the violation remains uncorrected at the end of the specified time period, the Secretary, after giving the manufacturer or packer an opportunity for a hearing, may order the manufacturer or packer to package the dangerous household substance only in packages that conform to the child resistant packaging standards.

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: Required by the prescription; or Requested by the purchaser.

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. On entering any establishment to make an inspection under this section, the representative of the Secretary shall present appropriate credentials to the owner, operator, or agent in charge. During any inspection under this section, the representative of the Secretary may obtain a sample of any product, package, or labeling in any reasonable manner.