(a) The Secretary may declare by regulation that any substance or mixture of substances is a dangerous substance meeting the requirements of § 2702(a) of this title, when said action encourages the objectives of this chapter.
(b) When any dangerous substance in particular bears some specific danger and the Secretary determines that the requirements in § 2702(o)(1) of this title are not adequate to protect the public health and security, he shall establish by regulation the reasonable variations or additional requirements for labeling he deems necessary, and any dangerous substance of this type made or packaged for household or children’s use which fails to bear a label conforming to said regulations shall be considered an unduly labeled dangerous substance.
(c) If the Secretary determines that because of the size of the container, the minimum danger the substance represents, or for any other reason it is unnecessary to comply with the labeling requirements which would be otherwise applicable, he shall issue regulations exempting the substance from said requirements provided the public health and security are adequately protected.
(d) When the Secretary determines that a substance represents an imminent danger to the public health and security he shall prohibit through an order the distribution, sale, transportation or possession of said substance and shall proceed with the embargo or detention of said substance. Within five (5) working days following the embargo or detention of said substance, the aggrieved party shall be granted an administrative hearing to submit his allegations.
Any person aggrieved by the Secretary’s final order as a result of the administrative hearing may appeal to the Court of First Instance for the judicial review thereof.
The aggrieved party shall appeal to the Court [within] fifteen (15) days after the Secretary issues the order.
If the aggrieved party should fail to appear at the administrative hearing set by the Secretary, it will be understood that he has waived his right to oppose the embargo or detention of said substance.
History —July 23, 1974, No. 233, Part 2, p. 207, § 3, eff. 60 days after July 23, 1974.