§ 6–905.3
Statutes in effect as of October 1, 2026.
Md. Code Ann., Envir. § 6-905.3 (2026)
Title 6. Toxic, Carcinogenic, and Flammable Substances
Subtitle 9. Mercury
§ 6–905.3LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, on or after October 1, 2018, a marketer may not knowingly sell or provide to a consumer individually or as a product component:
(1)
An electric switch containing mercury;
(2)
An electric relay containing mercury; or
(3)
A gas valve switch containing mercury.
(b)
This section does not apply to an electric switch, an electric relay, or a gas valve switch that is sold or provided to replace a switch or relay that is a component of a larger product in use on or before October 1, 2018, if:
(1)
The larger product is used in manufacturing;
(2)
The larger product is used in a generating, transmission, or distributing facility for electric energy, gas, or water;
(3)
The switch or relay is integrated with, and not physically separate from, other components of the larger product;
(4)
The use of the switch or relay is required under federal law or regulation; or
(5)
The manufacturer of the larger product has not approved for use in the larger product a switch or relay that does not contain mercury.
(c)
(1)
A person that violates this section is liable for a civil penalty to be collected in a civil action in the circuit court for any county in the State not exceeding:
(i)
$1,000 for a first offense;
(ii)
$2,500 for a second offense; or
(iii)
$5,000 for a third or subsequent offense.
(2)
(i)
In addition to any other remedies available at law or in equity, after an opportunity for a hearing, the Department may impose a fine for each violation of this section, not exceeding:
(1)
$1,000 for a first offense;
(2)
$2,500 for a second offense; or
(3)
$5,000 for a third or subsequent offense.
(ii)
The Department shall consider the following in assessing the fine in subparagraph (i) of this paragraph:
(1)
The willfulness of the violation;
(2)
The extent to which the violation was known, but uncorrected, by the violator;
(3)
The extent to which the violation resulted in actual harm to human health or the environment;
(4)
The nature and degree of injury to, or interference with, general welfare and health; and
(5)
The extent to which the current violation is part of a pattern of the same or a similar type of violation by the violator.
(3)
Each day a violation continues is a separate offense under this section.