Section 21-259.2 – Prohibition on Certain Ingredients Knowingly Included in Cosmetic Products
** TAKES EFFECT JANUARY 1, 2025 PER CHAPTER 490 OF 2021 ** (a) In this section: (1) “Ingredient” means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product; and (2) “Ingredient” does not include an incidental ingredient, as described in 21 C.F.R. § 701.3(l). (b) Except as provided in subsection (c) […]
Section 21-259.3 – Animal Testing Prohibited in Development of Cosmetic — Inapplicable to Certain Animal Testing — Local Law on Animal Testingprohibited — Civil Penalties — Enforcement
(a) (1) In this section the following words have the meanings indicated. (2) “Animal testing” means the internal or external application or exposure of a cosmetic or any component of a cosmetic to the skin, eye, or any other body part of a live nonhuman vertebrate. (3) “Ingredient” has the meaning stated in 21 C.F.R. § 700.3(e). (4) “Manufacturer” means […]
Section 21-260 – Defenses to Alleged Violations; Burden of Proof
(a) Except as to an alleged violation that is enumerated under subsection (b)(2) of this section, a person may not be convicted of any violation of this part, if, with respect to the alleged violation, the person establishes by a preponderance of evidence that the person did not commit the alleged violation purposely, knowingly, recklessly, or […]
Section 21-261 – Abatement Orders
(a) If the Department believes that a person is violating any provision of this subtitle or any regulation adopted under this subtitle, the Department may have the person served with a written order that directs the person served to abate the violation within a time specified in the order. (b) Except as otherwise provided in the Administrative […]
Section 21-263 – Short Title
This subtitle may be cited as the “Maryland Food, Drug, and Cosmetic Act”.
Section 21-254 – Action Against Food That Poses Immediate Threat
(a) (1) For purposes of this section, an “immediate threat” exists if any meat, seafood, poultry, vegetable, fruit, or any other perishable substance that is intended for consumption as food: (i) Contains any filthy, decomposed, or putrid substance; (ii) Is poisonous or otherwise would be injurious to health if consumed; or (iii) Is otherwise unsafe. (2) If a food poses an […]
Section 21-255 – Reporting of Criminal Violations
(a) Except as otherwise provided in this section, the Secretary shall report to the State’s Attorney any alleged criminal violation of this subtitle. (b) Before the Secretary reports any alleged violation of this subtitle to a State’s Attorney for the institution of a criminal proceeding, the Secretary shall give the alleged violator notice and an opportunity to […]
Section 21-256 – Prohibited Acts — General Provisions
A person may not: (1) Manufacture or sell any food, drug, device, or cosmetic that is adulterated or misbranded; (2) Adulterate or misbrand any food, drug, device, or cosmetic; (3) Make a food, drug, device, or cosmetic become adulterated by altering, mutilating, destroying, obliterating, or removing any part of its labeling while the food, drug, device, or cosmetic […]
Section 21-239 – Authorization for the Use of Added Poisonous or Otherwise Deleterious Substances, Food Additives, and Color Additives
(a) (1) For purposes of §§ 21-207(b)(3), 21-216(b)(2), and 21-230(b)(5) of this subtitle, regarding food, drugs, and cosmetics respectively, the use of any added poisonous or otherwise deleterious substance, any food additive, or any color additive is considered unsafe unless the use of the substance or additive for the particular purpose is authorized by and the quantity […]
Section 21-257 – Violation of Label and Packaging Requirements for Consumer Commodities
(a) Except to the extent that the person is engaged in the packing or labeling of the commodity or specifies, by any means, the manner in which the commodity is packed or labeled, this section does not apply to any person who is engaged in business as a wholesale or retail distributor of a consumer commodity. […]