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§ 24-306. Import or sale of child care products with more than one-tenth TCEP intended for chil...

West's Annotated Code of MarylandHealth--GeneralEffective: January 1, 2021

West's Annotated Code of Maryland
Health--General
Title 24. Miscellaneous Provisions
Subtitle 3. Limitations on Manufacture or Sale
Effective: January 1, 2021
MD Code, Health - General, § 24-306
§ 24-306. Import or sale of child care products with more than one-tenth TCEP intended for children under 3 years prohibited
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Child care product” means a consumer product intended for use by a child under the age of 3 years.
(ii) “Child care product” includes a baby product, toy, and car seat.
(iii) “Child care product” does not include a product regulated under § 24-306.1 of this subtitle.
(3) “TCEP” means (tris (2-chloroethyl) phosphate).
(4) “TDCPP” means (tris (1, 3-dichloro-2-propyl) phosphate).
Application of section
(b) This section does not apply to the sale or distribution of a child care product that is resold, offered for resale, or distributed by a consumer for consumer use.
Child care products containing more than one-tenth of TCEP prohibited
(c) A person may not import, sell, or offer for sale any child care product that:
(1) Contains more than one-tenth of 1% of TCEP or TDCPP by mass; and
(2) Is intended for use by a child under the age of 3 years.
Fines and penalties for violation of section
(d)(1) A person that violates this section is subject to:
(i) For a first violation, a civil penalty not exceeding $1,000; and
(ii) For any subsequent violation, a civil penalty not exceeding $2,500 for each violation.
(2) In addition to the civil penalties provided in paragraph (1) of this subsection, a court may enjoin an action prohibited by this section.
Suspension of implementation
(e) The Secretary may suspend implementation of subsection (c) of this section if the Secretary determines that the fire safety benefits of TCEP or TDCPP are greater than the health risks associated with TCEP or TDCPP.
Regulations
(f) On or before June 1, 2021, the Department shall adopt regulations to carry out this section.

Credits

Added by Acts 2013, c. 349, § 1, eff. Oct. 1, 2013. Amended by Acts 2014, c. 391, § 1, eff. Oct. 1, 2014; Acts 2020, c. 555, § 1, eff. Jan. 1, 2021.
MD Code, Health - General, § 24-306, MD HEALTH GEN § 24-306
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document