Regulation .03 Prohibition on the Sale of Certain Products.
Regulation .03 Prohibition on the Sale of Certain Products.LinkCopy Citation
A.
Fever Thermometers Containing Mercury.
(1)
Except as provided in §A(2) of this regulation, a marketer may not sell or provide a fever thermometer containing mercury to a consumer except by prescription.
(2)
The prohibition of §A(1) of this regulation does not apply to:
(a)
A fever thermometer sold or provided to be used in hospitals or other places where medical services are provided by medical service professionals; or
(b)
A digital thermometer using mercury-added button cell batteries.
B.
Mercury-Added Products.
(1)
This regulation does not apply to:
(a)
Prescription drugs;
(b)
Any substance regulated by the federal Food, Drug, and Cosmetic Act;
(c)
Biological products regulated by the federal Food and Drug Administration under the federal Public Health Service Act;
(d)
Medical equipment not intended for use by nonmedical personnel; or
(e)
Products that contain mercury-added products that are labeled in accordance with this regulation, except as provided in Regulation .04B(4)(b) of this chapter.
(2)
Unlabeled Mercury-Added Products. Beginning April 1, 2006:
(a)
A manufacturer or wholesaler may not sell a mercury-added product at retail in Maryland or to a retailer in Maryland unless the product is labeled in accordance with Regulation .04 of this chapter; and
(b)
A retailer may not knowingly sell a new mercury-added product in Maryland unless the product is labeled in accordance with Regulation .04 of this chapter.
(3)
The manufacturer of a mercury-added product manufactured on or after January 1, 2006 is responsible for affixing the label required by §B(2) of this regulation.
(4)
Motor Vehicles.
(a)
The manufacturer of a motor vehicle may meet the labeling requirements of §B(2) of this regulation by placing the label on the doorpost of a new vehicle.
(b)
A person who, in servicing a motor vehicle, adds a mercury-added product to the vehicle, shall:
(i)
Make any necessary revisions to the label on the doorpost of the vehicle provided by the manufacturer under §B(4)(a) of this regulation; or
(ii)
Add a label meeting the requirements of §B(2) of this regulation to the doorpost of the vehicle if the vehicle did not previously have such a label.