Chapter 08. Prohibition of Consumer Products Containing Flame-Retardant Chemicals
Regulation .01 Scope.LinkCopy Citation
A.
This chapter establishes regulations that prohibit the import, sale, or offering for sale of juvenile products, mattresses, upholstered furniture, or reupholstered furniture containing more than 0.1 percent of flame-retardant chemical by mass.
B.
This chapter does not apply to the sale or distribution of a juvenile product, a mattress, upholstered furniture, or reupholstered furniture that is resold, offered for resale, or distributed by a consumer for consumer use.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Adult mattress” means any mattress other than a toddler mattress, a crib mattress, or any other infant sleep product.
(2)
“Flame-retardant chemical” means a chemical that:
(a)
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 CFR §1910.1200(g); and
(b)
Is a nanoscale chemical or has one or more of the following properties:
(i)
Contains one or more halogen elements, including fluorine, chlorine, bromine, or iodine;
(ii)
Contains one or more carbon elements and one or more phosphorus elements; and
(iii)
Contains one or more carbon elements and one or more nitrogen elements.
(3)
Juvenile Product.
(a)
“Juvenile product” means a consumer product intended for use by a child younger than 12 years old.
(b)
“Juvenile product” includes:
(i)
A bassinet;
(ii)
A booster seat;
(iii)
A changing pad;
(iv)
A children’s nap mat;
(v)
A floor playmat;
(vi)
A high chair;
(vii)
A high chair pad;
(viii)
An infant bouncer;
(ix)
An infant carrier;
(x)
An infant seat;
(xi)
An infant swing;
(xii)
An infant walker;
(xiii)
A nursing pad;
(xiv)
A nursing pillow;
(xv)
A playpen side pad;
(xvi)
A play yard;
(xvii)
A portable hook-on chair; and
(xviii)
A stroller.
(c)
“Juvenile product” does not include a:
(i)
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;
(ii)
Product regulated under 49 CFR Part 571;
(iii)
Consumer electronic product; or
(iv)
Child care product regulated under Health-General Article, §24-306, Annotated Code of Maryland, or COMAR 10.19.07.
(4)
“Mattress” has the meaning stated in 16 CFR § 1632.1.
(5)
“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.
(6)
“Upholstered furniture” means furniture that includes filling materials, barrier materials, decking materials, or cover fabrics.
Regulation .03 Prohibition of Flame-Retardant Chemicals in Consumer Products.LinkCopy Citation
A.
This regulation does not apply to:
(1)
An electronic component, or the casing for an electronic component, of a juvenile product, a mattress, upholstered furniture, or reupholstered furniture;
(2)
A component of upholstered or reupholstered furniture other than cover fabric, barrier material, resilient filling material, and decking material;
(3)
Thread or fiber when used for stitching mattress components together; or
(4)
Except for foam, a component of an adult mattress.
B.
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 percent of flame-retardant chemicals by mass.
Regulation .04 Complaints and Investigations.LinkCopy Citation
A.
The Secretary or the Secretary’s designee may investigate conditions relative to the enforcement of this chapter.
B.
The person in charge of an establishment shall permit the Secretary or the Secretary’s designee to enter an establishment during its business hours for the purpose of determining compliance with this chapter.
C.
The person in charge of an establishment shall provide to the Secretary or the Secretary’s designee product safety data sheets, technical specifications, and any information available related to the composition of the juvenile product.
Regulation .05 Violations.LinkCopy Citation
A.
If a person willfully violates this chapter, the Secretary may assess a civil penalty:
(1)
For a first violation after receiving a letter of reprimand, not exceeding $2,500;
(2)
For a second violation, not exceeding $5,000;
(3)
For a third violation, not exceeding $7,500; and
(4)
For any subsequent violation, not exceeding $10,000 for each violation.
B.
In determining the amount of a penalty under §A of this regulation, the Secretary shall consider:
(1)
The nature and severity of the violation;
(2)
The good faith of the person;
(3)
The history of violations by the person;
(4)
The extent to which the person cooperated with any investigation by the Department; and
(5)
Whether the person has previously been issued a letter of reprimand.
C.
For a violation of this chapter, the Secretary shall issue a letter of reprimand.
Regulation .06 Request for Hearing.LinkCopy Citation
A.
In order to preserve a right to a hearing on a violation and penalty of this chapter, a person shall submit a written request to the Department for a hearing, if a hearing is desired, within 10 days of receipt of the notice of violation and penalty.
B.
In accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the Secretary shall provide for a hearing on the violation by referring the matter to the Office of Administrative Hearings.
C.
The Office of Administrative Hearings shall:
(1)
Schedule and conduct the hearing on the violation; and
(2)
Render a decision and notify the parties of the decision within 30 days after the hearing.
Chapter annotations
Authority: Health-General Article, §24-306.1, Annotated Code of Maryland
History: Effective date: December 25, 2023 (50:25 Md. R. 1088)