§ 23-24.1-3. Technical advisory committee — Packaging regulations.
(a) The director may establish, as he or she deems necessary, an ad hoc technical advisory
committee to assist and advise him or her in establishing any standards deemed necessary
to carry out the provisions of this chapter.
(b)(1) All regulations prescribing standards for the special packaging of household substances
now or hereafter adopted under the authority of the federal act are the regulatory
standards for special packaging of household substances in this state. The director
may by regulation provide for modification or deviation from these regulations when
he or she deems it necessary and advisable, whether or not the modifications or deviations
are in accordance with the regulations adopted pursuant to the federal act.
(2) A federal regulation automatically adopted pursuant to this chapter takes effect in
this state on the date it becomes effective as a federal regulation. No publication
or hearing is required; provided, that the director shall publish all of the regulations
in a newspaper having general circulation throughout the state. A person who may be
adversely affected by a regulation may, within 30 days after a federal regulation
is automatically adopted, file with the director, 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.
(3) If no substantial objections are received and no hearing is requested within thirty
(30) days after publication of a proposed regulation, it shall take effect as of the
date it was adopted by the federal government.
(4) If timely substantial objections are made to a federal regulation within thirty (30)
days after it is automatically adopted, the director, after notice, shall conduct
a public hearing in accordance with the provisions of chapter 35 of title 42.
(5) The director is authorized to promulgate any rules and regulations necessary to carry
into effect the provisions of this chapter.
(c) All regulations prescribing standards for the special packaging of household substances
now or hereafter adopted under the authority of the federal act are the regulatory
standards for special packaging of household substances in this state.
(d) Compliance with federal regulations prescribing standards issued pursuant to the federal
act shall be deemed in compliance with this chapter.
(e) Nothing in this chapter shall authorize the director to prescribe specific packaging
designs, product content, package quantity, or with the exception of authority granted
in § 23-24.1-4(a)(2), labeling. In the case of a household substance for which special packaging is required
pursuant to a regulation under this section, the director may in the regulation prohibit
the packaging of the substance in packages which he or she determines are unnecessarily
attractive to children.