Plain Text Law

Chapter 07. Prohibition of Child Care Products Containing TCEP or TDCPP

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Regulation .01 Scope.Copy Citation

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A.
This chapter establishes regulations that prohibit the import, sale, or offering for sale of child care products containing:
(1)
TCEP, also known as (tris (2-chloroethyl) phosphate); or
(2)
TDCPP, also known as (tris (1, 3-dichloro-2-propyl) phosphate).
B.
This chapter 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.

Regulation .02 Definitions.Copy Citation

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A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Child care product” means a consumer product intended for use by a child under the age of 3 years, including a:
(a)
Baby product;
(b)
Toy;
(c)
Car seat;
(d)
Nursing pillow;
(e)
Crib mattress; and
(f)
Stroller.
(2)
“Secretary” means the Secretary of Health.
(3)
“TCEP” means an industrial chemical also known as (tris (2-chloroethyl) phosphate).
(4)
“TDCPP” means an industrial chemical also known as (tris (1, 3-dichloro-2-propyl) phosphate).

Regulation .03 Prohibition of TCEP or TDCPP in Child Care Products.Copy Citation

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A.
A person may not import, sell, or offer for sale any child care product containing more than 1/10 of 1 percent of TCEP by mass.
B.
On or after October 1, 2014, a person may not import, sell, or offer for sale any child care product containing more than 1/10 of 1 percent of TDCPP by mass.
C.
The Secretary may suspend implementation of this chapter if the Secretary determines that the fire safety benefits of TCEP or TDCPP are greater than the known health risks associated with TCEP or TDCPP.

Regulation .04 Violations.Copy Citation

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A.
A person that violates this chapter is subject to:
(1)
For a first violation, a civil penalty not exceeding $1,000; and
(2)
For any subsequent violation, a civil penalty not exceeding $2,500 for each violation.
B.
In addition to the civil penalties described in §A of this regulation, a court may also enjoin an action prohibited in Regulation .04 of this chapter.
Chapter annotations
Authority: Health-General Article, §§24-306 and 24-306.1, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.04 adopted as an emergency provision effective October 1, 2013 (40:22 Md. R. 1871); adopted permanently effective January 6, 2014 (40:26 Md. R. 2164)
History: Regulation .01A amended effective January 19, 2015 (42:1 Md. R. 18)
History: Regulation .02B amended effective January 19, 2015 (42:1 Md. R. 18); December 25, 2023 (50:25 Md. R. 1088)
History: Regulation .03 amended effective January 19, 2015 (42:1 Md. R. 18)