§330C-4 - Rules; implementation.

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

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

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

(B) The special packaging to be required by
such standard is technically feasible, practicable, and appropriate for such
substance.

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

(A) The reasonableness of such standard;

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

(D) The nature and use of the household
substance.

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

(4) Nothing in this chapter shall authorize the
director to prescribe specific packaging designs, product content, package
quantity, 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 is
required pursuant to a rule under this section, the director may in such rule
prohibit the packaging of such substance in packages which the director
determines are unnecessarily attractive to children.

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