§ 25-5-508 — Regulations

(1) All regulations adopted now or hereafter under
the Federal Hazardous Substances Act, as amended, shall be the hazardous
substances regulations in this state. However, the department is authorized to
promulgate regulations for the efficient enforcement of this part 5, which
regulations shall be no less stringent than the regulations established pursuant to
the Federal Hazardous Substances Act, as amended; except that regulation
relating to the precautionary labeling or exemptions thereto shall not differ from
the requirements of the Federal Hazardous Substances Act, as amended, and the
regulations promulgated pursuant thereto.

(2) (a) Whenever in the judgment of the executive director such action will
promote the objectives of this part 5 by avoiding or resolving uncertainty as to its
application, the executive director may by regulation declare to be a hazardous
substance, for the purposes of this part 5, any substance or mixture of substances
which he finds meets the definition in section 25-5-502 (10).

(b) If the executive director finds that the hazard of an article subject to this
part 5 is such that labeling adequate to protect the public health and safety cannot
be devised or the article presents an imminent danger to the public health and
safety, the executive director may declare such article to be a banned hazardous
substance and require its removal from commerce.

(c) (I) A determination by the executive director that a toy or other article
intended for use by children presents an electrical, mechanical, or thermal hazard
shall be made by regulation in accordance with article 4 of title 24, C.R.S.

(II) If, before or during a proceeding pursuant to subparagraph (I) of this
paragraph (c), the executive director finds that, because of an electrical,
mechanical, or thermal hazard, distribution of the toy or other article involved
presents an imminent hazard to the public health and he gives notice of such
finding, such toy or other article shall be deemed to be a banned hazardous
substance for purposes of this part 5 until the proceeding has been completed. If
not yet initiated when such notice is given, such proceeding shall be initiated as
soon as possible.

(d) In the case of any toy, substance, or other article intended for use by
children which is determined by the executive director to present an electrical,
mechanical, or thermal hazard, any person who will be adversely affected by such a
determination may, at any time prior to the sixtieth day after the regulation making
such determination is issued by the executive director, ask for judicial review as
provided in section 24-4-106, C.R.S.

(3) All regulations promulgated under this part 5 shall be promulgated in
accordance with the provisions of article 4 of title 24, C.R.S.

(4) Hearings authorized or required by this article shall be conducted
according to the provisions of article 4 of title 24, C.R.S.

(5) A federal regulation automatically adopted pursuant to this part 5 takes
effect in this state on the date it becomes effective as a federal regulation. The
department shall publish all other proposed regulations thirty days prior to hearing
thereon. A person who may be adversely affected by a regulation may file with the
department, in writing, objections and a request for a hearing. The timely filing of
substantial objections to a federal regulation automatically adopted stays the
effect of the regulation in this state.

(6) If no substantial objections are received and no hearing is requested
within thirty days after publication of a proposed regulation, it shall take effect on a
date set by the department. The effective date shall be at least sixty days after the
time for filing objections has expired.

(7) If substantial objections are made to a federal regulation within thirty
days after it is automatically adopted or to a proposed regulation within thirty days
after it is published, the department, after notice, shall conduct a public hearing to
receive evidence on the issues raised by the objections. Any interested person or his
representative may be heard. The department shall act upon objections by order
and shall mail the order to objectors by certified mail as soon after the hearing as
practicable. The order shall be based on substantial evidence in the record of the
hearing. If the order concerns a federal regulation, it may reinstate, rescind, or
modify such regulation. If the order concerns a proposed regulation, it may
withdraw it or set an effective date for the regulation as published or as modified by
the order. The effective date shall be at least sixty days after publication of the
order.

Legislative History

Source: L. 73: R&RE, p. 704, � 1. C.R.S. 1963: � 66-21-8.