Chapter 04. Hazardous Substances
Regulation .01 Purpose and Scope — Products That Contain Mercury.LinkCopy Citation
This chapter establishes limitations on the sale of specified products that contain mercury.
Regulation .02 Definitions — Products That Contain Mercury.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Manufacturer” means a person that:
(a)
Produces a product;
(b)
For a multicomponent product, produces or assembles the final product; or
(c)
Serves as an importer or domestic distributor of a product produced outside of the United States.
(2)
“Marketer” means a person who manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on a fever thermometer containing mercury.
(3)
“Mercury-added product” means any of the following products if containing elemental mercury or a mercury compound that has been added to the product for any reason:
(a)
Dyes or pigments;
(b)
Electric switches;
(c)
Fluorescent lamps; and
(d)
Thermostats.
(4)
“Motor vehicle” has the meaning stated in Transportation Article, §11-135, Annotated Code of Maryland.
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.
Regulation .04 Labeling Standards for Mercury-Added Products.LinkCopy Citation
A.
A mercury-added product required to be labeled under Regulation .03B of this chapter shall either:
(1)
Have a label that:
(a)
Clearly informs the purchaser or consumer that:
(i)
Mercury is present in the product; and
(ii)
The product shall be managed in accordance with federal and State environmental laws to minimize the release of mercury to the environment; or
(b)
Meets another state's label requirements for mercury-added products; or
(2)
Satisfy the conditions for an exemption under §B(2)(a) of this regulation.
B.
Label Standards.
(1)
The text of a label required under §A(1)(a) of this regulation:
(a)
Shall be legible and clearly presented;
(b)
May be any single, clear, easy-to-read type style;
(c)
Shall have not more than 39 characters per inch;
(d)
Shall have at least 0.5 point leading, that is, space between 2 lines of text;
(e)
May not have letters that touch; and
(f)
Shall use a type size not smaller than 8-point type for the notice that mercury is present in the product, and not smaller than 6-point type for the remainder of the message.
(2)
Location of the Label.
(a)
A label required under §A(1)(a) of this regulation shall be affixed on the surface of the mercury-added product, unless:
(i)
The physical form of the product prevents it from being directly labeled;
(ii)
The size of the product's surface is too small to accommodate the label, taking into account other requirements concerning the use of the product's surface, such as other required labels;
(iii)
Attachment of the label to the surface of the product would interfere with the function of the product; or
(iv)
The person required to affix the label demonstrates, to the Secretary's satisfaction, that it is not otherwise feasible to affix the label to the surface of the product.
(b)
If, as provided in §B(2)(a) of this regulation, the label is not attached to the surface of the mercury-added product, the label shall be:
(i)
Attached to packaging of the product that will be seen by the product's purchaser or user; or
(ii)
Provided as a package insert if the label would cover more than 60 percent of the total surface area of the product's packaging available to carry labeling.
(3)
Size of the Label. A label under §A(1)(a) of this regulation shall be of sufficient size to present the information required by §A(1)(a) of this regulation while meeting the standards of §B of this regulation.
(4)
Requirements for Additional Labels.
(a)
If a label attached to the surface of a mercury-added product is not visible to a prospective purchaser, and the mercury-added product is not contained within another product, a second label meeting the requirements of §§A and B(1) of this regulation shall be:
(i)
Attached to packaging of the product that will be seen by the product's purchaser; or
(ii)
Provided as a package insert if the label would cover more than 60 percent of the total surface area of the product's packaging available to carry labeling.
(b)
If, as provided in §B(2)(a) of this regulation, the label is not attached to the surface of the mercury-added product, and the mercury-added product is used as a component in the manufacture of another product, the product that contains the mercury-added product as a component shall be labeled in accordance with §A of this regulation.
Chapter annotations
Authority: Environmental Article, §§6-905, 6-905.1, and 6-905.3, Annotated Code of Maryland
History: Effective date: January 1, 2007 (33:26 Md. R. 1999)