# COMAR Title 10 — Maryland Department of Health

## Subtitle 19 — Dangerous Devices and Substances

### Chapter 01 — Prohibition of Bisphenol-A in Child Care Articles

**Authority:** Health-General Article, §24-304, Annotated Code of Maryland

**Administrative History:** Effective date: November 28, 2011 (38:24 Md. R. 1502)

#### Regulation .01 Scope.

*COMAR 10.19.01.01*

This chapter establishes regulations that prohibit the manufacturing, sale, or distribution of child care articles that contain bisphenol-A, also known as BPA.

#### Regulation .02 Definitions.

*COMAR 10.19.01.02*

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

B. Terms Defined.

  (1) “Bisphenol-A (BPA)” means an industrial chemical also known as 2,2-bis (4-hydroxyphenyl) propane used primarily in the manufacture of polycarbonate plastic and epoxy resins.

  (2) “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 younger than 4 years old.

#### Regulation .03 Prohibition of Bisphenol-A in Child Care Articles.

*COMAR 10.19.01.03*

On or after January 1, 2012, a person may not manufacture, knowingly sell, or distribute in commerce a child care article containing bisphenol-A.

#### Regulation .04 Requirements on Manufacturers.

*COMAR 10.19.01.04*

A. A manufacturer of a child care article shall use a safe and legal alternative to BPA when replacing BPA in a child care article.

B. A manufacturer of a child care article may not use in place of BPA a substance determined by the United States Environmental Protection Agency to be a:

  (1) Group A, B, or C carcinogen; or

  (2) Reproductive toxicant causing birth defect, reproductive harm, or developmental harm.

#### Regulation .05 Violations.

*COMAR 10.19.01.05*

A person that violates any of the provisions of Health-General Article, §24-304, Annotated Code of Maryland, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each violation.