# COMAR Title 10 — Maryland Department of Health

## Subtitle 11 — Maternal and Child Health

### Chapter 07 — Prohibition of Sale of Baby Bumper Pads

**Authority:** Health-General Article, §22-501 et seq., Annotated Code of Maryland

**Administrative History:** Effective date: November 26, 2012 (39:23 Md R. 1532)

#### Regulation .01 Definitions.

*COMAR 10.11.07.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “ASTM Standards” means the standard consumer safety performance specifications for infant bedding and related accessories set by the American Society for Testing and Materials (ASTM).

  (2) “Baby bumper pads” means a pad or pads of non-mesh material resting directly above the mattress in a crib, running the circumference of the crib or along the length of any of the interior sides of the crib, and intended to be used until the age that an infant pulls to stand.

  (3) “Department” means the Maryland Department of Health.

  (4) “Hazardous material” has the meaning stated in Health-General Article, §22-501, Annotated Code of Maryland.

#### Regulation .02 General Provisions.

*COMAR 10.11.07.02*

A. Baby bumper pads are hereby declared to be a hazardous material and may not be shipped or sold to a purchaser in Maryland beginning June 21, 2013.

B. ASTM Standards.

  (1) After notification that ASTM has adopted a new voluntary standard for baby bumper pads, the Secretary may provide an opportunity for public comment on whether the new ASTM Standards should replace the prohibition contained in §A of this regulation.

  (2) Within 60 days after the close of public comment, the Secretary may issue an order permitting the sale of baby bumper pads that comply with the new ASTM Standards if the Secretary determines that such bumper pads are not a danger to the public health and safety.

C. The Secretary may issue an order suspending this chapter for covered baby bumper pads if the Consumer Product Safety Commission affirmatively finds that the benefits of certain baby bumper pads exceed the risks.

#### Regulation .03 Violations.

*COMAR 10.11.07.03*

A. A notice of violation will be issued by the Department to any person found to have shipped or sold a baby bumper pad to a purchaser in Maryland after June 21, 2013.

B. A person who, after being issued a notice of violation, ships or sells a baby bumper pad to a purchaser in Maryland shall be subject to a civil fine of not more than $500 for each baby bumper pad shipped or sold in violation of this subtitle.