In this subtitle the following words have the meanings indicated. “DecaBDE” means decabrominated diphenyl ether. “OctaBDE” means octabrominated diphenyl ether. “PentaBDE” means pentabrominated diphenyl ether.

This section does not apply to the processing of recyclables containing pentaBDE or octaBDE that is conducted in compliance with all applicable federal, State, and local laws. This section does not apply to original equipment manufacturer replacement service parts or other products manufactured prior to October 1, 2008, if the parts or products were manufactured in compliance with applicable federal, State, and local laws. On or after October 1, 2008, a person may not manufacture, process, sell, or distribute in the State a new product or flame-retardant part of a new product that contains more than one-tenth of 1% of pentaBDE or octaBDE by mass.

In this section, “transportation equipment”, “military equipment”, and “components of transportation or military equipment” do not include shipping pallets used to transport unpackaged fruits and vegetables. This section does not apply to: Original equipment manufacturer replacement service parts or other products manufactured before January 1, 2011, if the part or products were manufactured in compliance with applicable federal, State, and local laws; and A vehicle, as defined in § 11–176 of the Transportation Article; An aircraft, as defined in § 5–101 of the Transportation Article; or A product, part, or replacement part for use in a vehicle or aircraft. Beginning on December 31, 2010, a person may not manufacture, lease, sell, or distribute for sale or lease in the State any of the following products that contain more than one–tenth of 1% of decaBDE by mass: Mattresses; Upholstered furniture designed for residential use; and Electrical or electronic equipment. Except as provided in paragraph (3) of this subsection, beginning on December 31, 2012, a person may not manufacture, lease, sell, or distribute for sale or lease in the State any product that contains more than one–tenth of 1% of decaBDE by mass. Paragraph (2) of this subsection does not apply to: Transportation equipment; Military equipment; or Components of transportation or military equipment. On or after December 31, 2013, a person may not manufacture, lease, sell, or distribute for sale or lease in the State the following products that contain more than one–tenth of 1% of decaBDE by mass: Transportation equipment; Military equipment; or Components of transportation or military equipment. This section does not prohibit: A retailer that is in possession of a product prohibited for manufacture, lease, sale, or distribution for sale or lease under subsections (b) and (c) of this section from selling, recycling, or otherwise disposing of a product that is in the retailer’s or lessor’s inventory on or after the date that the prohibition takes effect; A person from recycling a product that contains decaBDE; A person from selling, leasing, recycling, or otherwise disposing of a product that contains recycled decaBDE; Any activity involving a product that contains decaBDE that occurs subsequent to first sale at retail; or A person from transporting or storing a product prohibited under subsections (b) and (c) of this section for later distribution outside the State.

To enforce the provisions of this subtitle, the Department may: Notify a person that there are grounds for suspecting that the person may be in violation of this subtitle; and Request that the person certify that the product or flame-retardant part of the product that the person manufactured, processed, sold, or distributed is in compliance with this subtitle. If the person fails to certify that the product or flame-retardant part of the product is in compliance, the Department may seek an injunction under § 6-1204 of this subtitle.

Any person who violates any provision of this subtitle or any regulation adopted under this subtitle, including making a false statement in a certificate of compliance, shall be liable to the State for a civil penalty of up to $1,000 for each violation, but not exceeding a total of $10,000 for any action. Each product or flame-retardant part of a product in violation constitutes a separate violation. The State shall recover the civil penalties under this subsection in a civil action in any county. Any person who previously has been assessed a civil penalty under this section and who willfully violates any provision of this subtitle or any regulation adopted under this subtitle, including making a false statement in a certificate of compliance, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $20,000. The Department may seek an injunction against any person who violates or threatens to violate any provision of this subtitle or any regulation adopted under this subtitle.

The Department may adopt regulations necessary for the implementation of this subtitle.