[§330C-4]  Rules; implementation.  Thedirector shall carry out and effectuate the purpose of this chapter by rulesadopted under chapter 91 including but not limited to the following:

(1)  The director may establish in accordance withthis chapter, by rule, standards for the special packaging of any householdsubstance if the director finds that:

(A)  The degree or nature of the hazard tochildren in the availability of such substance, by reason of its packaging, issuch that special packaging is required to protect children from seriouspersonal injury or serious illness resulting from handling, using, or ingestingsuch substance; and

(B)  The special packaging to be required bysuch standard is technically feasible, practicable, and appropriate for suchsubstance.

(2)  In establishing a standard under this section,the director shall consider:

(A)  The reasonableness of such standard;

(B)  Available scientific, medical, andengineering data concerning special packaging and concerning childhood accidentalingestions, illness, and injury caused by household substances;

(C)  The manufacturing practices of industriesaffected by this chapter; and

(D)  The nature and use of the householdsubstance.

(3)  In carrying out this chapter, the director shallpublish the director’s findings, the director’s reasons therefor, and citationof the sections of statutes which authorize the director’s action.

(4)  Nothing in this chapter shall authorize thedirector to prescribe specific packaging designs, product content, packagequantity, or, with the exception of authority granted in section 330C-5(a)(2),labeling.  In the case of a household substance for which special packaging isrequired pursuant to a rule under this section, the director may in such ruleprohibit the packaging of such substance in packages which the directordetermines are unnecessarily attractive to children.

(5)  Compliance with federal regulations prescribingstandards issued pursuant to the Federal Act shall be deemed in compliance withthis chapter. [L 1974, c 216, pt of §1; gen ch 1985]