US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Maryland Statutes » Environment » Title 6 - Toxic, Carcinogenic, and Flammable Substances » Subtitle 13 - Lead-Containing Children's Products

Section 6-1301 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Child” means an individual who is under the age of 13 years.     (c)    (1)    “Children’s product” means a product designed or intended primarily for a child as specified in federal law.         (2)    “Children’s product” does not include:             (i)    Food as defined in § 21–101 of the Health – General […]

Section 6-1302 – Scope of Subtitle

    This subtitle does not apply to:         (1)    An electronic device that is in compliance with federal law;         (2)    Any distribution operation or activity performed in a factory, warehouse, or establishment, or, in the course of surface transportation, at a port facility as defined in § 6–101 of the Transportation Article;         (3)    A vehicle as defined in § 11–176 […]

Section 6-1303 – Prohibition

    A person may not:         (1)    Manufacture a children’s product that is a lead–containing product; or         (2)    Sell, offer for sale, import, or distribute, by any means, including through a sales outlet, a catalog, or the Internet, a children’s product that is a lead–containing product.

Section 6-1304 – Duties of Manufacturer or Importer and Retailer

    (a)    A United States manufacturer, or if the manufacturer is not a United States manufacturer, the importer of record, of a children’s product for which a children’s product certification is required under federal law shall:         (1)    Test whether the children’s product is a lead–containing product by using a testing entity qualified or certified under federal law; and […]

Section 6-1305 – Violations of Subtitle

    (a)    If the Department determines that a person has violated § 6–1303 of this subtitle, the Department shall give written notice to the person determined to have violated § 6–1303 of this subtitle that identifies the children’s product that is a lead–containing product.     (b)    Within 15 days after receiving the written notice required under subsection (a) of […]

Section 6-1306 – Report

    Within 24 hours after a person determines that the person has manufactured, sold, offered for sale, imported, or distributed a children’s product in violation of § 6–1303 of this subtitle, the person shall submit a report to the Department in a form required by the Department.

Section 6-1307 – Penalties

    (a)    (1)    A person who violates this subtitle is subject to a civil penalty not exceeding $1,000 per day for each violation.         (2)    The civil penalty under paragraph (1) of this subsection may be assessed and recovered in any court of competent jurisdiction.     (b)    A person who willfully violates any provision of this subtitle is guilty of a misdemeanor […]

Section 6-1308 – Other Penalties

    (a)    In addition to any other penalty provided by law, the Comptroller may assess against a person who violates § 6–1304(e) of this subtitle a fine not exceeding $1,000 for each violation, up to a maximum of $50,000.     (b)    A fine assessed under subsection (a) of this section may not be assessed until the person who committed […]

Section 6-1309 – Unfair or Deceptive Trade Practice

    In addition to any other penalty provided by law, a violation of this subtitle is:         (1)    An unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and         (2)    Subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.

Section 6-1311 – Authority of Local Agency

    The provisions of this subtitle do not affect the authority of a local agency to enforce a local law governing the amount of lead contained in a product if the local law is at least as restrictive as the provisions of this subtitle.