# COMAR Title 10 — Maryland Department of Health

## Subtitle 52 — Preventive Medicine

### Chapter 04 — Condom Vending Machines

**Authority:** Health-General Article, §§2-104 and 18-335; Criminal Law Article, §10-104; Annotated Code of Maryland

**Administrative History:** Effective date: November 26, 1990 (17:23 Md. R. 2733)

**Administrative History:** Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)

#### Regulation .01 Scope.

*COMAR 10.52.04.01*

A. This chapter applies to a condom offered for sale or sold by means of a vending machine or other automatic device, and to a vending machine or other automatic device used for selling condoms.

B. This chapter does not apply to a condom sold person-to-person in a business establishment.

#### Regulation .02 Approved Condoms.

*COMAR 10.52.04.02*

A condom that is approved by the U.S. Food and Drug Administration (FDA) as a medical device may be sold or offered for sale by means of a vending machine or other automatic device.

#### Regulation .03 Labeling of Product.

*COMAR 10.52.04.03*

A novelty device which resembles a condom but is not intended for prevention of sexually transmitted diseases or pregnancy and is not FDA approved as a medical device shall be clearly marked: “This item is not intended for prevention of sexually transmitted diseases or pregnancy.”

#### Regulation .04 Labeling of Vending Machine.

*COMAR 10.52.04.04*

A vending machine or other automatic device used for selling condoms shall be labeled with the name, address, and telephone number of the person or firm responsible for stocking the machine with condoms.