New Jersey § 24:5a-5

§ 24:5a-5.

(a) The commissioner is hereby empowered to promulgate such regulations as may be

necessary for the efficient enforcement of this act after public hearing to be held

after 30 days prior notice thereof by public advertisement of the date, time and place

of such hearing. (b) Whenever in the judgment of the commissioner such action will promote the objectives

of this act by avoiding or resolving uncertainty as to its application, the commissioner

may by regulation declare to be a hazardous substance, for the purposes of this act,

any substance or mixture of substances which he finds meets the requirements of section

2(d). 1 (c) If the commissioner finds that the requirements of section 2(m) are not adequate

for the protection of the public health and safety in view of special hazard presented

by any particular hazardous substance, he may by regulation establish such reasonable

variations or additional label requirements as he finds necessary for the protection

of the public health and safety; and any container of such hazardous substance intended

or suitable for household use which fails to bear a label in accordance with such

regulations shall be deemed to be a misbranded package of a hazardous substance. (d) If the commissioner finds that, because of the size of the package involved or

because of the minor hazard presented by the substance contained therein, or for other

good and sufficient reasons, full compliance with the labeling requirements otherwise

applicable under this act is impracticable or is not necessary for the adequate protection

of the public health and safety, the commissioner shall promulgate regulations exempting

such substances from these requirements to the extent he determines to be consistent

with adequate protection of the public health and safety. (e) The commissioner may exempt from the requirements established by or pursuant to

this act any container of a hazardous substance with respect to which he finds adequate

requirements satisfying the purposes of this act have been established by or pursuant

to and in compliance with any other Federal or State law. (f) In the preparation of regulations for promulgation under this act, the commissioner

shall take into consideration the requirements of regulations promulgated under the

Federal Hazardous Substances Labeling Act 2 and consult with the Commissioner of the Department of Labor and Industry. 3 1

N.J.S.A. § 24:5A-2. 2

15 U.S.C.A. § 1261 et seq. 3

Commissioner of Department of Labor. See § 34:1A-1.1.