In this subtitle the following words have the meanings indicated. “Child” means an individual who is under the age of 13 years. “Children’s product” means a product designed or intended primarily for a child as specified in federal law. “Children’s product” does not include: Food as defined in § 21–101 of the Health – General Article; or Any component part of a children’s product that is not accessible to a child through normal and reasonably foreseeable use and abuse of the product as specified in federal law. “Federal law” means the Consumer Product Safety Act of 2008 and regulations adopted under the Act. “Lead–containing product” means a product in which any part, component, or coating of the product contains lead or lead compounds greater than the lesser of: 06% by weight of the total weight of the part, component, or coating; or The standard established under federal law regarding the permissible level of lead in children’s products. “Manufacturer” means a person that is the brand owner of a product. “Product” includes: Accessories and jewelry; Clothing; Decorative objects; Furniture; Lunch boxes and eating utensils; Toys; and Any other item specified by the Department in regulation.

This subtitle does not apply to: An electronic device that is in compliance with federal law; 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; A vehicle as defined in § 11–176 of the Transportation Article, a product or part for use in a vehicle, or transportation equipment; and A product or material excluded by federal law.

A person may not: Manufacture a children’s product that is a lead–containing product; or 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.

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: Test whether the children’s product is a lead–containing product by using a testing entity qualified or certified under federal law; and If the children’s product tested under item (1) of this subsection is not a lead–containing product, issue a certificate that certifies that the children’s product is not a lead–containing product. A person shall ensure that the certificate issued in accordance with subsection (a) of this section is transmitted with the children’s product to any distributor or retailer who receives the children’s product. A manufacturer shall: Maintain a copy of any documents related to lead testing and any certificate issued in accordance with subsection (a) of this section; and Provide a copy to the Department or any person on request. A retailer shall: Maintain a copy of any certificate issued in accordance with subsection (a) of this section; and Provide a copy to the Department or any person on request. Except as provided in paragraph (2) of this subsection, a person may not sell or offer for sale in the State, by any means, including transactions conducted through a sales outlet, a catalog, or the Internet, a children’s product for which there is no certificate issued in accordance with subsection (a) of this section. Notwithstanding any other provision of this subtitle, a certificate is not required for the sale of a used children’s product at a thrift store, consignment store, yard sale, or any other secondhand point of sale. A certificate issued in accordance with subsection (a) of this section shall be: Based on a test of each children’s product or on a testing protocol that is established or recognized by the Department; and On a form created or approved by the Department.

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. Within 15 days after receiving the written notice required under subsection (a) of this section, the person shall send to the Department the following information: A list of all children’s products of the same style produced by the same manufacturer; The name of the manufacturer or seller from whom the person obtained the children’s product that is a lead–containing product; and The name of each distributor or retailer to whom the person transferred the children’s product that is a lead–containing product of the same style produced by the same manufacturer.

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.

A person who violates this subtitle is subject to a civil penalty not exceeding $1,000 per day for each violation. The civil penalty under paragraph (1) of this subsection may be assessed and recovered in any court of competent jurisdiction. A person who willfully violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each violation or imprisonment not exceeding 1 year or both.

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. A fine assessed under subsection (a) of this section may not be assessed until the person who committed the violation has been issued three warnings regarding the violation. Each day on which a violation occurs or continues is a separate violation under this section. At the end of each quarter, the Comptroller shall distribute all fines assessed under this section to the Lead Poisoning Prevention Fund in a manner determined by the Department and the Comptroller.

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

The Secretary may adopt regulations to carry out the provisions of this subtitle.

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.