# Environment (GEN)

## Title 6. Toxic, Carcinogenic, and Flammable Substances

### Subtitle 9. Mercury

#### Section 6-905.3

(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.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)