§ 22-504. Immediate ban where imminent hazard exists

MD Health-Gen Code § 22-504 (2019) (N/A)
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(a)    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)    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 § 22-502 of this subtitle for adoption of the rule or regulation.

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