Title 9. Water, Ice, and Sanitary Facilities — Subtitle 19. Toxics in Packaging

In this subtitle the following words have the meanings indicated.

“Distributor” means any person that:

“Food package” means a package that is designed and intended for direct food contact and is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers, including:

“Intentionally added” means the act of deliberately using a chemical in the formation of a package or packaging component when the chemical’s continued presence is desired in the final package or packaging component to provide a specific characteristic.

“PFAS chemicals” means, when used in fire–fighting agents, fire–fighting equipment, food packaging, and rugs and carpets, a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances.

Except as provided in §§ 9–1903 and 9–1904 of this subtitle, on or after July 1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional purposes any package or packaging component or any product in a package or packaging component to which any of the following was intentionally added during manufacture or distribution:

The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium incidentally present in a package or packaging component may not exceed:

Tin plated steel that meets the American Society for Testing and Materials Specification A–623 shall be considered a single packaging component.

On or after January 1, 2024, a manufacturer or distributor may not manufacture or knowingly sell, offer for sale, or distribute for sale or use in the State a food package or food packaging component designed and intended for direct food contact to which PFAS chemicals were intentionally added.

If it contains a code indicating the date of manufacture, a package or packaging component that was manufactured prior to July 1, 1993;

Until July 1, 1997, a package and packaging component that would not exceed the concentration levels set forth in § 9–1902 of this subtitle but for the addition of recycled materials;

A package or packaging component conditionally exempt under § 9–1904 of this subtitle; and

Any alcoholic beverage bottled before October 1, 1992.

A manufacturer or distributor of a package or packaging component may submit to the Department an application for a conditional exemption from the provisions of § 9–1902(a) through (c) of this subtitle.

On the written application of a manufacturer or distributor, the Department may grant a conditional exemption if the Department finds that:

A conditional exemption granted under this section:

To enforce the provisions of this subtitle, the Department may:

If the manufacturer certifies that the package or packaging component is exempt under § 9–1903 of this subtitle, the manufacturer shall identify the specific basis on which the exemption is claimed.

If the manufacturer fails to certify that the package or packaging component is in compliance or is exempt, the Department may seek an injunction under § 9–1906 of this subtitle to require the manufacturer to withdraw the package or packaging component in question from sale or promotional use within the State.

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 to require the removal of a package or packaging component from sale or promotional use within the State against: