(a) Whenever in the judgment of the Director such action will promote the objectives of this Chapter by avoiding or resolving uncertainty as to its application, the Director may, by regulation, declare to be a hazardous substance for the purpose of this Chapter, any substance or mixture of substances which he finds meets the requirements of Subparagraph (1)(A) of § 32101(b).
(b) If the Director finds that the requirements of § 32101(l)(1) are not adequate for the protection of the public health and safety in view of the 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 such 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 such regulations shall be deemed to be a misbranded hazardous substance.

(c) If the Director 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 Chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the Director shall promulgate regulations exempting such substance from these requirements to the extent he determines to be consistent with adequate protection of the public health and safety.
(d) If the Director finds that the hazard of an article subject to this Chapter is such that labeling, adequate to protect the public health and safety cannot be devised, or the article an imminent danger to the public

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health and safety, the Director may declare such article to be a banned hazardous substance and require its removal from commerce.
(e)(1) A determination by the 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 this Chapter.

(2) If, before or during a proceeding pursuant to Paragraph (1) of this Subsection, the 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 findings, such 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 such notice is given, such a proceeding shall be initiated as promptly as possible.
(3)(A) In the case of any toy or other article intended for use by children which is determined by the 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 (60th) day after the regulation making such determination is issued by the Director, file a petition with the court of competent jurisdiction for a judicial review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Director or other officer designated by him for that purpose. The Director shall file in the court the record of the proceedings on which the Director based his determination;
(B) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Director, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Director in a hearing or in such other manner, and upon such terms and conditions as to the court may seem proper. The Director may modify his findings as to be the facts or make new findings by reason of the additional evidence so taken and he shall file such modified or new findings and his recommendation, if any, for the

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modification or setting aside or his original determination, with the return of such additional evidence;
(C) Upon the filing of the petition under this Paragraph, the court shall have jurisdiction to review the determination of the Director. If the court ordered additional evidence to be taken under Subparagraph (B) of this Paragraph, the court shall also review the Director’s determination to determine if, on the basis of the entire record before the court pursuant to Subparagraphs (A) and (B) of this Paragraph, it is supported by substantial evidence. If the court finds the determination is not so supported, the court may set it aside. With respect to any determination reviewed under this Paragraph, the court may grant appropriate relief pending conclusion of the review proceedings.

SOURCE: GC § 9620.1.