§ 23-24-3 - Regulations declaring hazardous substances and establishing variations and exemptions.
SECTION 23-24-3
§ 23-24-3 Regulations declaring hazardoussubstances and establishing variations and exemptions. – (a) Whenever in the judgment of the consumer protection unit an action willpromote the objectives of this chapter by avoiding or resolving uncertainty asto its application, the consumer protection unit may by regulation declare tobe a hazardous substance, for the purposes of this chapter, any substance ormixture of substances which it finds meets the requirements of §23-24-2(6)(i)(A).
(2) Proceedings for the issuance, amendment, or repeal ofregulations under this subsection and the admissibility of the record of thoseproceedings in other proceedings shall be governed by the provisions of §42-35-3; except that:
(i) The consumer protection unit's order after public hearing(acting upon objections filed to an order prior to hearing) shall be subject tothe requirements of § 42-35-3;
(ii) The scope of judicial review of the order shall be inaccordance with §§ 42-35-15 and 42-35-16.
(b) If the consumer protection unit finds that therequirements of § 23-24-2(1)(i) are not adequate for the protection of thepublic health and safety in view of the special hazard presented by anyparticular hazardous substance, it may by regulation establish any reasonablevariations or additional label requirements as it finds necessary for theprotection of the public health and safety; provided, that the consumerprotection unit shall consult with the department of health before adoptingthose regulations. Any hazardous substance intended, or packaged in a formsuitable, for use in the household or by children, which fails to bear a labelin accordance with those regulations shall be deemed to be a misbrandedhazardous substance.
(c) If the consumer protection unit finds that, because ofthe size of the package involved or because of the minor hazard presented bythe substance contained in the package, or for other good and sufficientreasons, full compliance with the labeling requirements otherwise applicableunder this chapter is impracticable or is not necessary for the adequateprotection of the public health and safety, the consumer protection unit shallpromulgate regulations exempting that substance from these requirements to theextent it determines to be consistent with adequate protection of the publichealth and safety.
(d) The consumer protection unit may exempt from therequirements established by or pursuant to this chapter any hazardous substanceor container of a hazardous substance with respect to which it finds thatadequate requirements satisfying the purposes of this chapter have beenestablished by or pursuant to any other act of the general assembly.
(e) A determination by the consumer protection unit that atoy or other article intended for use by children presents an electrical,mechanical, or thermal hazard shall be made by regulation in accordance withthe procedures prescribed by § 42-35-3 (other than subsection 42-35-3(b)).
(2) If, before or during a proceeding pursuant to subdivision(1) of this subsection, the consumer protection unit finds that, because of anelectrical, mechanical, or thermal hazard, distribution of the toy or otherarticle involved presents an imminent hazard to the public health, and it byorder published in a daily newspaper with statewide circulation give notice ofthe finding, and that toy or other article shall be deemed to be a bannedhazardous substance for purposes of this chapter until the proceeding has beencompleted. If not yet initiated when the order is published, a proceeding shallbe initiated as promptly as possible.
(3) In the case of any toy or other article intended for useby children which is determined by the consumer protection unit, in accordancewith § 42-35-3, to present an electrical, mechanical, or thermal hazard,any person who will be adversely affected by that determination may, at anytime prior to the sixtieth (60th) day after the regulation making thedetermination is issued by the consumer protection unit, file a petition withthe superior court for the district in which the person resides or has his orher principal place of business, or if the person is a nonresident or has noprincipal place of business within this state or if the superior court shallnot be in session in the counties applicable as provided, then in the superiorcourt of Providence County, for a judicial review of that determination. A copyof the petition shall be immediately transmitted by the clerk of the court tothe consumer protection unit. The consumer protection unit shall file in thecourt the record of the proceedings on which the consumer protection unit basedits determination, as provided in § 42-35-15(a);
(ii) If the petitioner applies to the court for leave toadduce additional evidence, and shows to the satisfaction of the court that theadditional evidence is material and that there was no opportunity to adducethat evidence in the proceeding before the consumer protection unit, the courtmay order the additional evidence (and evidence in rebuttal thereof) to betaken before the consumer protection unit in a hearing or in any other manner,and upon the terms and conditions, as to the court may seem proper. Theconsumer protection unit may modify its findings as to the facts, or make newfindings, by reason of the additional evidence so taken and it shall file themodified or new findings, and its recommendation, if any, for the modificationor setting aside of its original determination, with the return of theadditional evidence;
(iii) Upon the filing of the petition under this paragraph,the court shall have jurisdiction to review the determination of the consumerprotection unit in accordance with § 42-35-15(g)(2).
(iv) If the court ordered additional evidence to be takenunder subdivision (3)(ii), the court shall also review the consumer protectionunit determination to determine if, on the basis of the entire record beforethe court pursuant to subdivisions (3)(i) and (3)(ii), it is supported bysubstantial evidence. If the court finds the determination is not supported,the court may set it aside. With respect to any determination reviewed underthis subdivision, the court may grant appropriate relief pending conclusion ofthe review proceedings, as provided in § 42-35-15(c);
(v) The judgment of the court affirming or setting aside, inwhole or in part, any determination of the consumer protection unit shall befinal, subject to review by the supreme court upon certiorari or certification,as provided in § 42-35-16.