§ 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.

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