# COMAR Title 26 — Department of the Environment

## Subtitle 02 — Occupational, Industrial, and Residential Hazards

### Chapter 04 — Hazardous Substances

#### Regulation .03 Prohibition on the Sale of Certain Products.

*COMAR 26.02.04.03*

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.