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§ 9-1905. Enforcement; exemption claims

West's Annotated Code of MarylandEnvironmentEffective: July 1, 2022

West's Annotated Code of Maryland
Environment
Title 9. Water, Ice, & Sanitary Facilities (Refs & Annos)
Subtitle 19. Toxics in Packaging
Effective: July 1, 2022
MD Code, Environment, § 9-1905
§ 9-1905. Enforcement; exemption claims
Currentness
In general
(a) To enforce the provisions of this subtitle, the Department may:
(1) Notify a manufacturer that there are grounds for suspecting that a package or packaging component produced by the manufacturer may not be in compliance with the provisions of this subtitle; and
(2) Request the manufacturer to certify that the package or packaging component is in compliance, including by requesting the manufacturer's certificate of compliance established under subsection (c) of this section.
Identifying specific basis for exemption
(b) If the manufacturer certifies that the package or packaging component is exempt under § 9-1903 of this subtitle, the manufacturer shall identify the specific basis on which the exemption is claimed.
Certificate of compliance
(c)(1) A manufacturer that manufactures, sells, offers for sale, or distributes for use in the State a food package or food packaging component shall establish a certificate of compliance to attest that the food package or food packaging component is in compliance with the requirements of § 9-1902(d) of this subtitle.
(2) Within 30 days after a request by the Department, a manufacturer shall provide the certificate of compliance established under paragraph (1) of this subsection to the Department.
Injunction
(d) If the manufacturer fails to certify that the package or packaging component is in compliance or is exempt, the Department may seek an injunction under § 9-1906 of this subtitle to require the manufacturer to withdraw the package or packaging component in question from sale or promotional use within the State.

Credits

Added by Acts 1992, c. 491, § 1, eff. Oct. 1, 1992. Amended by Acts 2022, c. 138, § 1, eff. July 1, 2022; Acts 2022, c. 139, § 1, eff. July 1, 2022.
MD Code, Environment, § 9-1905, MD ENVIR § 9-1905
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.
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