The Department shall adopt rules and regulations that establish safety requirements for eyeglass and sunglass lenses and frames.
A person may not sell or dispense any eyeglasses or sunglasses that do not meet the safety requirements established by the Department.
A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Subject to subsection (d) of this section, the Department shall adopt regulations that govern the selling and dispensing of plano and zero-powered contact lenses and plano and zero-powered replacement contact lenses.
A person may not knowingly sell or dispense contact lenses or replacement contact lenses without a valid and unexpired prescription or replacement contact lens prescription.
A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
This section does not limit the right of the State Board of Examiners in Optometry to regulate an optometrist who knowingly sells or dispenses contact lenses or replacement contact lenses without a valid and unexpired prescription or replacement contact lens prescription.
A person may not knowingly manufacture, sell, rent, or offer for sale any toy that is designed to depict torture or to resemble any instrument that is designed specifically for torture.
This section does not apply to:
Any toy gun; or
Any model of an aircraft, ship, motor vehicle, railroad engine, car, rocketship or other spacecraft, or any part of the model.
A person may not sell methyl methacrylate liquid monomer to a beauty salon, as defined in § 5-101 of the Business Occupations and Professions Article.
A person that violates any provision of this section or any regulation adopted by the Secretary under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each violation.
In this section, “child care article” means an empty bottle or cup to be filled with food or liquid that is designed or intended by a manufacturer to be used by a child under the age of 4 years.
If a federal law regulating the use of bisphenol–A in child care articles is enacted, “child care article” shall be defined as specified in the federal law.
On or after January 1, 2012, a person may not manufacture, knowingly sell, or distribute in commerce any child care article containing bisphenol–A.
Except as provided in subsection (g) of this section, on or after July 1, 2014:
The State may not purchase infant formula in containers containing more than 0.5 parts per billion of bisphenol–A; and
A person may not manufacture, knowingly sell, or distribute in commerce a container of infant formula containing more than 0.5 parts per billion of bisphenol–A.
In complying with subsections (b) and (c) of this section, a person:
Shall use a safe and legal alternative when replacing bisphenol–A; and
May not replace bisphenol–A with:
Carcinogens rated by the United States Environmental Protection Agency as Group A, B, or C carcinogens; or
Reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency.
A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each violation.
On or before January 1, 2012, the Department shall adopt regulations to carry out subsection (b) of this section.
If the Secretary certifies that the safety concerns for bisphenol–A are resolved by additional research or if implementation of subsection (c) of this section would adversely affect the health or well–being of children or adults, the Secretary may suspend implementation of subsection (c) of this section.
This section does not apply to a tobacco product that is regulated under Title 16 of the Business Regulation Article.
Subject to paragraph (3) and except as provided in paragraph (2) of this subsection, a person may not:
Sell, distribute, or offer for sale to an individual under the age of 21 years an electronic smoking device, as defined in § 16.7–101(c) of the Business Regulation Article;
Display electronic smoking devices, as defined in § 16.7–101(c) of the Business Regulation Article, for sale unless the electronic smoking devices are located behind a counter in an area accessible only to the person and employees of the person; or
Except as provided in paragraph (4) of this subsection, sell electronic smoking devices, as defined in § 16.7–101(c) of the Business Regulation Article, unless the person verifies that the individual is at least 21 years old.
This subsection does not apply to an electronic smoking device that contains or delivers nicotine intended for human consumption if the device has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for this purpose.
Subject to paragraph (4) of this subsection, a person may verify an individual’s age only:
By means of a government–issued photo identification containing the individual’s date of birth; and
In a direct face–to–face exchange including the assistance of any electronic or mechanical device.
A person is not required to verify the age of an individual at least 30 years old.
A person that violates this section is subject to a civil penalty not exceeding:
$300 for a first violation;
$1,000 for a second violation occurring within 24 months after the first violation; and
$3,000 for each subsequent violation occurring within 24 months after the preceding violation.
Issuance of a civil citation for a violation of this section precludes prosecution under § 10–107 of the Criminal Law Article arising out of the same violation.
If a violation is committed by a person acting on behalf of a retailer, the civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer.
In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser’s or recipient’s driver’s license or other valid identification issued by a government unit that positively identified the purchaser or recipient as at least 21 years of age.
In this subsection, “designee” means a retired sworn law enforcement officer employed by the Department or a county health officer or an employee of the Department or a local health department trained in civil enforcement.
The Secretary, the Secretary’s designee, a sworn law enforcement officer, a county health officer, or a designee of a county health officer may issue a civil citation for a violation of this section.
A citation issued under this section shall include:
The name and address of the person charged;
The nature of the violation;
The location and time of the violation;
The amount of the civil penalty;
The manner, location, and time in which the civil penalty may be paid;
A notice stating the person’s right to elect to stand trial for the violation; and
A warning that failure to pay the civil penalty or to contest liability in a timely manner in accordance with the citation:
Is an admission of liability; and
May result in entry of a default judgment that may include the civil penalty, court costs, and administrative expenses.
The Secretary, Secretary’s designee, county health officer, or county health officer’s designee shall retain a copy of the citation issued under this section.
A person who receives a citation from the Secretary, the Secretary’s designee, a county health officer, or a county health officer’s designee under this section may elect to stand trial for the violation by filing a notice of intention to stand trial with the county health officer or designee at least 5 days before the date set in the citation for the payment of the civil penalty.
After receiving a notice of intention to stand trial under subsubparagraph 1 of this subparagraph, the Secretary, Secretary’s designee, county health officer, or county health officer’s designee shall forward the notice and a copy of the citation to the District Court.
A person who receives a citation from a sworn law enforcement officer under this section may elect to stand trial for the violation by filing a notice of intention to stand trial and a copy of the citation with the District Court at least 5 days before the date set in the citation for payment of the civil penalty.
After receiving a citation and notice under this section, the District Court shall schedule the case for trial and notify the defendant of the trial date.
In a proceeding before the District Court, a violation of this section shall be prosecuted in the same manner and to the same extent as a municipal infraction under §§ 6–108 through 6–115 of the Local Government Article.
The District Court shall remit any penalties collected for a violation of this section to the county in which the violation occurred.
Adjudication of a violation of this section is not a criminal conviction for any purpose.
In this section the following words have the meanings indicated.
“Child care product” means a consumer product intended for use by a child under the age of 3 years.
“Child care product” includes a baby product, toy, and car seat.
“Child care product” does not include a product regulated under § 24–306.1 of this subtitle.
“TCEP” means (tris (2–chloroethyl) phosphate).
“TDCPP” means (tris (1, 3–dichloro–2–propyl) phosphate).
This section does not apply to the sale or distribution of a child care product that is resold, offered for resale, or distributed by a consumer for consumer use.
A person may not import, sell, or offer for sale any child care product that:
Contains more than one–tenth of 1% of TCEP or TDCPP by mass; and
Is intended for use by a child under the age of 3 years.
A person that violates this section is subject to:
For a first violation, a civil penalty not exceeding $1,000; and
For any subsequent violation, a civil penalty not exceeding $2,500 for each violation.
In addition to the civil penalties provided in paragraph (1) of this subsection, a court may enjoin an action prohibited by this section.
The Secretary may suspend implementation of subsection (c) of this section if the Secretary determines that the fire safety benefits of TCEP or TDCPP are greater than the health risks associated with TCEP or TDCPP.
On or before June 1, 2021, the Department shall adopt regulations to carry out this section.
In this section the following words have the meanings indicated.
“Adult mattress” means any mattress other than a toddler mattress, a crib mattress, or any other infant sleep product.
“Flame–retardant chemical” means a chemical that:
Is used to resist or inhibit the spread of fire or act as a synergist to chemicals that resist or inhibit the spread of fire, including any chemical for which the term “flame retardant” appears on a safety data sheet developed in accordance with 29 C.F.R. 1910.1200(g); and
Contains one or more halogen elements, including fluorine, chlorine, bromine, or iodine;
Contains one or more carbon elements and one or more phosphorus elements;
Contains one or more carbon elements and one or more nitrogen elements; or
Is a nanoscale chemical.
“Juvenile product” means a consumer product intended for use by a child under the age of 12 years.
“Juvenile product” includes a bassinet, a booster seat, a changing pad, a children’s nap mat, a floor playmat, a high chair, a high chair pad, an infant bouncer, an infant carrier, an infant seat, an infant swing, an infant walker, a nursing pad, a nursing pillow, a playpen side pad, a play yard, a portable hook–on chair, and a stroller.
“Juvenile product” does not include:
A product that is not primarily intended for use in the home, including a product that is, or is a component part of, a motor vehicle, a watercraft, an aircraft, or any other vehicle;
A product regulated under 49 C.F.R. Part 571;
A consumer electronic product; or
A product regulated under § 24–306 of this subtitle.
“Mattress” has the meaning stated in 16 C.F.R. § 1632.1.
“Reupholstered furniture” means furniture for which the original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced and that has not been sold since the time of replacement.
“Upholstered furniture” means furniture that includes filling materials, barrier materials, decking materials, or cover fabrics.
This section does not apply to the sale or distribution of a juvenile product, mattress, upholstered furniture, or reupholstered furniture that is resold, offered for resale, or distributed by a consumer for consumer use.
This subsection does not apply to:
An electronic component, or the casing for an electronic component, of a juvenile product, mattress, upholstered furniture, or reupholstered furniture;
A component of upholstered or reupholstered furniture other than cover fabric, barrier material, resilient filling material, and decking material;
Thread or fiber when used for stitching mattress components together; or
Except for foam, a component of an adult mattress.
A person may not import, sell, or offer for sale any juvenile product, mattress, upholstered furniture, or reupholstered furniture that contains more than 0.1% of flame–retardant chemicals by mass.
Subject to paragraph (2) of this subsection, if a person willfully violates this section, the Secretary may assess a civil penalty:
For a first violation, not exceeding $2,500;
For a second violation, not exceeding $5,000;
For a third violation, not exceeding $7,500; and
For any subsequent violation, not exceeding $10,000 for each violation.
In determining the amount of a penalty under paragraph (1) of this subsection, the Secretary shall consider:
The nature and severity of the violation;
The good faith of the person;
The history of violations by the person; and
The extent to which the person cooperated with any investigation by the Department.
On or before June 1, 2021, the Department shall adopt regulations to carry out this section.
This section does not apply to the distribution of a coupon that is redeemable for a tobacco product if the coupon is:
Contained in a newspaper, a magazine, or any other type of publication in which the coupon is incidental to the primary purpose of the publication; or
Sent through the mail.
This section does not apply to the distribution of a tobacco product or tobacco paraphernalia to an individual under the age of 21 years who is acting solely as the agent of the individual’s employer if the employer distributes tobacco products or tobacco paraphernalia for commercial purposes.
A person who distributes tobacco products for commercial purposes, including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the Business Regulation Article, may not:
Distribute to an individual under the age of 21 years:
A tobacco product;
Tobacco paraphernalia; or
A coupon redeemable for a tobacco product;
Display tobacco products for sale unless the tobacco products are located behind a counter in an area accessible only to the person and employees of the person; or
Except as provided in paragraph (3) of this subsection, sell tobacco products unless the person verifies that the individual is at least 21 years old.
A person who distributes tobacco products may verify an individual’s age only:
By means of a government–issued photo identification containing the individual’s date of birth; and
In a direct face–to–face exchange including the assistance of any electronic or mechanical device.
A person who distributes tobacco products is not required to verify the age of an individual at least 30 years old.
A person who violates subsection (b) of this section is subject to a civil penalty not exceeding:
$300 for a first violation;
$1,000 for a second violation occurring within 24 months after the first violation; and
$3,000 for each subsequent violation occurring within 24 months after the preceding violation.
The local health departments shall report violations of subsection (b) of this section to the Executive Director of the Alcohol, Tobacco, and Cannabis Commission.
Issuance of a civil citation for a violation of this section precludes prosecution under § 10–107 of the Criminal Law Article arising out of the same violation.
If a violation is committed by a person acting on behalf of a retailer, the civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer.
In a prosecution for a violation of subsection (b) of this section, it is a defense that the defendant examined the purchaser’s or recipient’s driver’s license or other valid identification issued by a governmental unit that positively identified the purchaser or recipient as at least 21 years old.
In this subsection, “designee” means a retired sworn law enforcement officer employed by the Secretary or a county health officer or an employee of a local health department trained in civil enforcement.
The Secretary, the Secretary’s designee, a sworn law enforcement officer, a county health officer, or a designee of a county health officer may issue a civil citation for a violation of subsection (b) of this section.
A citation issued under this subsection shall include:
The name and address of the person charged;
The nature of the violation;
The location and time of the violation;
The amount of the civil penalty;
The manner, location, and time in which the civil penalty may be paid;
A notice stating the person’s right to elect to stand trial for the violation; and
A warning that failure to pay the civil penalty or to contest liability in a timely manner in accordance with the citation:
Is an admission of liability; and
May result in entry of a default judgment that may include the civil penalty, court costs, and administrative expenses.
The Secretary, Secretary’s designee, county health officer, or designee shall retain a copy of the citation issued under this subsection.
A person who receives a citation from the Secretary, the Secretary’s designee, a county health officer, or designee under this subsection may elect to stand trial for the violation by filing a notice of intention to stand trial with the county health officer or designee at least 5 days before the date set in the citation for the payment of the civil penalty.
After receiving a notice of intention to stand trial under subparagraph (i) of this paragraph, the county health officer or designee shall forward the notice and a copy of the citation to the District Court.
After receiving a citation and notice under this subsection, the District Court shall schedule the case for trial and notify the defendant of the trial date.
In a proceeding before the District Court, a violation of subsection (b) of this section shall be handled in the same manner as a municipal infraction under §§ 6–108 through 6–115 of the Local Government Article.
The District Court shall remit any penalties collected for a violation of subsection (b) of this section to the county in which the violation occurred.
Adjudication of a violation of subsection (b) of this section is not a criminal conviction for any purpose.
The Maryland Department of Health, in collaboration and consultation with the Executive Director of the Alcohol, Tobacco, and Cannabis Commission, local health departments, and local law enforcement agencies, shall develop ongoing strategies for enforcement of § 10–107 of the Criminal Law Article.
On or before October 1 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
The development of enforcement strategies required under paragraph (1) of this subsection; and
Training and assistance to tobacco retailers to improve compliance with § 10–107 of the Criminal Law Article.