In this subtitle the following words have the meanings indicated. “Guaranty” means a guaranty that the product, fabric, or related material covered by the guaranty has been tested for flammability under the rules and regulations adopted by the Department under this subtitle. “Product” means any mattress, mattress pad, sleepwear, or other clothing.

The Department shall adopt the federal rules and regulations that: Are adopted under the federal Flammable Fabrics Act of 1967; and Relate to products, fabrics, or related materials.

At any reasonable time, a representative of the Department may enter any factory, warehouse, or establishment in which a product is manufactured, processed, packaged, or stored and inspect any pertinent equipment, labeling, or finished or unfinished products. On entering any factory, warehouse, or establishment to make an inspection under this section, the representative of the Department shall present appropriate credentials to the owner, operator, or agent in charge. During any inspection under this section, the representative of the Department may obtain a sample of any product, package, or labeling. When obtaining a sample under this section, the representative of the Department shall: Pay or offer to pay for the sample; and Give the owner, operator, or agent in charge a receipt that describes the sample obtained.

The Department shall determine whether any chemical used as a fire retardant in a product is a known carcinogen. If the Department determines that a chemical is a known carcinogen, the Department shall: Inform the public of this determination; and Give the public any directions that could reduce the danger from the chemical.

If a product is manufactured, processed, packaged, held, or sold in violation of this subtitle or any rule or regulation adopted under this subtitle, on petition of the Secretary, the circuit court for the county in which the product is located may grant an injunction forbidding all or any one of the following: Manufacturing the product; Processing the product; Packaging the product; Selling the product; Transferring the product; or Moving the product.

A guaranty under this section may be: A separate guaranty that specifically designates the product, fabric, or related material; or A continuing guaranty that: Is given by a seller to a buyer; Applies to any product, fabric, or related material sold to the buyer; and Is in the form the Department approves. A person may not manufacture, sell, or hold with intent to sell any new or unused product that does not comply with the flammability requirements of this subtitle. A person may not give a false guaranty. This section does not apply to a person who: Receives in good faith a product, fabric, or related material that is covered by a guaranty that is signed by and contains the name and address of the person who manufactured the product, fabric, or related material or from whom it was received; Has not altered the flammability of the product, fabric, or related material covered by the guaranty; and Reasonably and in good faith relies on the guaranty.

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 $1,000 or imprisonment not exceeding 6 months or both.