# COMAR Title 10 — Maryland Department of Health

## Subtitle 19 — Dangerous Devices and Substances

### Chapter 07 — Prohibition of Child Care Products Containing TCEP or TDCPP

**Authority:** Health-General Article, §§24-306 and 24-306.1, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative 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)

**Administrative History:** Regulation .01A amended effective January 19, 2015 (42:1 Md. R. 18)

**Administrative History:** Regulation .02B amended effective January 19, 2015 (42:1 Md. R. 18); December 25, 2023 (50:25 Md. R. 1088)

**Administrative History:** Regulation .03 amended effective January 19, 2015 (42:1 Md. R. 18)

#### Regulation .01 Scope.

*COMAR 10.19.07.01*

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.

*COMAR 10.19.07.02*

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.

*COMAR 10.19.07.03*

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.

*COMAR 10.19.07.04*

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.