Section 22-504 - Immediate ban where imminent hazard exists. - Maryland Statutes

§ 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 § 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. 
 

[An. Code 1957, art. 43, §§ 810, 811; 1982, ch. 240, § 2; 1988, ch. 277, § 1; 1989, ch. 5, § 1.]