In this subtitle, “hazardous material” means: 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: Toxic; Corrosive; Flammable or combustible; An irritant; A strong sensitizer; or A substance that generates pressure by decomposition, heat, or other means; or Any other substance that the Secretary declares to be hazardous material under § 22-502 of this subtitle. In this subtitle, “hazardous material” does not include: Any food, drug, or cosmetic that is subject to the Federal Food, Drug, and Cosmetic Act or Title 21, Subtitle 2 of this article; A fuel that is a household substance as defined in § 22-301 of this title; or A pesticide that is subject to the Federal Insecticide, Fungicide, and Rodenticide Act unless the pesticide is contained in an article that, because it contains the pesticide, is as hazardous as any substance described in subsection (a) of this section.

In accordance with the Administrative Procedure Act, for the protection of the public health and safety, the Secretary may adopt rules and regulations that: Declare to be a hazardous material any substance that the Secretary finds: Meets the standards for being a hazardous material; Is a toy or other substance intended for use by children that presents an electrical, mechanical, or thermal hazard; or Needs to be declared a hazardous material to remove any uncertainty as to whether it is hazardous material; Set requirements for labeling hazardous material; and Declare any hazardous material to be a banned hazardous material and require its removal from commerce if the Secretary finds that: The hazardous material is a danger to the public health and safety; and Proper labeling cannot protect the public health and safety adequately. To the extent the Secretary finds to be consistent with protecting the public health and safety adequately, the Secretary shall adopt rules and regulations that exempt or partially exempt hazardous material from the labeling requirements if compliance with labeling requirements is impractical or unnecessary: Because of the size of the package that contains the hazardous material; Because the hazard is minor; or For other good reason.

Hazardous material is considered to be misbranded if the hazardous material: Is intended or packaged in a form suitable for use in the home or by children; and Fails to meet the labeling requirements established by the rules and regulations adopted under this subtitle.

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: Declares the toy or other article to be a banned hazardous material; and Requires its immediate removal from commerce. Immediately after the Secretary issues a temporary rule or regulation under subsection (a) of this section, the Secretary shall: Give notice of and hold a hearing on the temporary rule or regulation; and As promptly as possible, complete proceedings under § 22-502 of this subtitle for adoption of the rule or regulation. The Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

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. A person who seeks judicial review under this section shall file a petition with the court within 60 days after publication of the rule or regulation. If a petition for judicial review of a rule or regulation is filed under this section: The clerk of the court shall send to the Secretary a copy of the petition; and On receipt of the copy of the petition, the Secretary shall file with the court the record of the proceedings that relate to the rule or regulation that is the subject of the judicial review.

To enforce this subtitle, the Secretary or a representative of the Secretary at any reasonable time may: Enter and inspect any factory, warehouse, or establishment in which the Secretary believes hazardous material is manufactured, processed, packaged, or stored; and Enter and inspect any vehicle that is used to transport or hold hazardous materials in commerce. As part of any inspection under subsection (a) of this section, the Secretary may inspect any pertinent equipment, labeling, or finished or unfinished substance or toy. Before entering to make an inspection under this section, the Secretary or representative of the Secretary shall present appropriate credentials to the owner, operator, or agent in charge. During an entry and inspection under this section, the Secretary or representative of the Secretary may obtain a sample of any substance, toy, package, or labeling. When obtaining a sample under this subsection, the Secretary or representative of the Secretary shall: Pay or offer to pay for the sample; and Give the owner, operator, or agent in charge a receipt that describes the sample obtained.

The Secretary may collect, report, and illustrate the results of any investigation by the Department that relates to hazardous material. The Secretary may: Publish summaries of judgments, decrees, or court orders issued under this subtitle; and 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.