1. (a) In this subtitle the following words have the meanings indicated.
2. (b) “Child resistant packaging” means packaging that is designed so that the average child under the age of 5 years finds it significantly difficult to open the package or to obtain a harmful amount of the contents of the package within a reasonable time, and so that it is not difficult for a normal adult to open or use.

3. (c) “Household substance” means any substance that is customarily used or stored by individuals in or about the household and that is:

   1. (1) A hazardous substance as defined in the Federal Hazardous Substances Act;¹
   2. (2) A pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act;²
   3. (3) A food, drug, or cosmetic as defined in the Federal Food, Drug, and Cosmetic Act;³ or

   4. (4) A fuel that is:

      1. (i) Intended for use in the heating, cooking, or refrigeration system of a house; and
      2. (ii) Stored in a portable container.
4. (d) “Labeling” means any label or other written or graphic matter that is on or accompanies a household substance or its package.

5. (e)

   1. (1) “Package” means the immediate container or wrapping of a household substance or the outer container or wrapping used in displaying a household substance to retail consumers.

   2. (2) “Package” does not include any container or wrapping that is used only for:

      1. (i) Transportation of a household substance in bulk or quantity to a manufacturer, packer, processor, or wholesale or retail distributor; or
      2. (ii) Shipment or delivery of a household substance to a retail consumer, unless the container or wrapping is the only package or wrapping of the household substance.
6. (f) “State adopted federal regulation” means any rule or regulation adopted by the federal government under the federal Poison Prevention Packaging Act⁴ that becomes a rule or regulation of this State by automatic adoption under § 22-303 of this subtitle.

Added as Health-Environmental § 5-301 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Transferred to Health-General § 22-301 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1987, c. 306, § 15, eff. July 1, 1987; Acts 1988, c. 6, § 11, eff. July 1, 1988.

Formerly Art. 43, § 888.

Pub.L. 86-613, July 12, 1960, 74 Stat. 372, codified at 15 U.S.C.A. § 1261 et seq.

June 25, 1947, ch. 125, 61 Stat. 163, codified at 7 U.S.C.A. § 136 et seq.

June 25, 1938, ch. 675, 52 Stat. 1040, codified at 21 U.S.C.A. § 301 et seq.

Pub.L. 91-601, Dec. 30, 1970, 84 Stat. 1670, codified at 15 U.S.C.A. § 1471 et seq.