§ 23-24-3. Regulations declaring hazardous substances and establishing variations and exemptions.
(a)(1) Whenever in the judgment of the consumer protection unit an action will promote the
objectives of this chapter by avoiding or resolving uncertainty as to its application,
the consumer protection unit may by regulation declare to be a hazardous substance,
for the purposes of this chapter, any substance or mixture of substances which it
finds meets the requirements of § 23-24-2(6)(i)(A).
(2) Proceedings for the issuance, amendment, or repeal of regulations under this subsection
and the admissibility of the record of those proceedings 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 to the requirements of § 42-35-3;
(ii) The scope of judicial review of the order shall be in accordance with §§ 42-35-15 and 42-35-16.
(b) If the consumer protection unit finds that the requirements of § 23-24-2(1)(i) are not adequate for the protection of the public health and safety in view of the
special hazard presented by any particular hazardous substance, it may by regulation
establish any reasonable variations or additional label requirements as it finds necessary
for the protection of the public health and safety; provided, that the consumer protection
unit shall consult with the department of health before adopting those regulations.
Any hazardous substance intended, or packaged in a form suitable, for use in the household
or by children, which fails to bear a label in accordance with those regulations shall
be deemed to be a misbranded hazardous substance.
(c) If the consumer protection unit finds that, because of the size of the package involved
or because of the minor hazard presented by the substance contained in the package,
or for other good and sufficient reasons, full compliance with the labeling requirements
otherwise applicable under this chapter is impracticable or is not necessary for the
adequate protection of the public health and safety, the consumer protection unit
shall promulgate regulations exempting that substance from these requirements to the
extent it determines to be consistent with adequate protection of the public health
and safety.
(d) The consumer protection unit may exempt from the requirements established by or pursuant
to this chapter any hazardous substance or container of a hazardous substance with
respect to which it finds that adequate requirements satisfying the purposes of this
chapter have been established by or pursuant to any other act of the general assembly.
(e)(1) A determination by the consumer protection unit 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 the 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 an electrical, mechanical, or
thermal hazard, distribution of the toy or other article involved presents an imminent
hazard to the public health, and it by order published in a daily newspaper with statewide
circulation give notice of the finding, and that toy or other article shall be deemed
to be a banned hazardous substance for purposes of this chapter until the proceeding
has been completed. If not yet initiated when the order is published, a proceeding
shall be initiated as promptly as possible.
(3)(i) In the case of any toy or other article intended for use by children which is determined
by the consumer protection unit, in accordance with § 42-35-3, to present an electrical, mechanical, or thermal hazard, any person who will be
adversely affected by that determination may, at any time prior to the sixtieth (60th)
day after the regulation making the determination is issued by the consumer protection
unit, file a petition with the superior court for the district in which the person
resides or has his or her principal place of business, or if the person is a nonresident
or has no principal place of business within this state or if the superior court shall
not be in session in the counties applicable as provided, then in the superior court
of Providence County, for a judicial review of that determination. A copy of the petition
shall be immediately transmitted by the clerk of the court to the consumer protection
unit. The consumer protection unit shall file in the court the record of the proceedings
on which the consumer protection unit based its determination, as provided in § 42-35-15(a);
(ii) If the petitioner applies to the court for leave to adduce additional evidence, and
shows to the satisfaction of the court that the additional evidence is material and
that there was no opportunity to adduce that evidence in the proceeding before the
consumer protection unit, the court may order the additional evidence (and evidence
in rebuttal thereof) to be taken 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. The consumer protection unit may modify its findings as to the facts, or make
new findings, by reason of the additional evidence so taken and it shall file the
modified or new findings, and its recommendation, if any, for the modification or
setting aside of its original determination, with the return of the additional evidence;
(iii) Upon the filing of the petition under this paragraph, the court shall have jurisdiction
to review the determination of the consumer protection unit in accordance with § 42-35-15(g)(2).
(iv) If the court ordered additional evidence to be taken under subdivision (3)(ii), the
court shall also review the consumer protection unit determination to determine if,
on the basis of the entire record before the court pursuant to subdivisions (3)(i)
and (3)(ii), it is supported by substantial evidence. If the court finds the determination
is not supported, the court may set it aside. With respect to any determination reviewed
under this subdivision, the court may grant appropriate relief pending conclusion
of the review proceedings, as provided in § 42-35-15(c);
(v) The judgment of the court affirming or setting aside, in whole or in part, any determination
of the consumer protection unit shall be final, subject to review by the supreme court
upon certiorari or certification, as provided in § 42-35-16.