# COMAR Title 26 — Department of the Environment

## Subtitle 04 — Regulation of Water Supply, Sewage Disposal, Solid Waste, and Recyclable Materials

### Chapter 14 — Packaging and Paper Products—Producer Responsibility

#### Regulation .03 Covered Materials.

*COMAR 26.04.14.03*

A. Covered materials includes all packaging and paper products that meet the definition of covered materials in this chapter.

B. Covered packaging includes:

  (1) Primary, secondary, and tertiary packaging intended for the consumer market except those that are exempt or excluded materials as defined in this chapter;

  (2) Components and elements that are supplemental, auxiliary, or subordinate and integrated into packaging, including:

    (a) Those components and elements that are directly attached to a product; and

      (i) Are part of the packaging design functionally or aesthetically;

      (ii) Facilitate the packaging function; or

      (iii) facilitate the delivery including through identification of the product; and

    (b) Materials used to affix packaging components to one another;

  (3) Service packaging designed and intended to be filled at the point of sale, including:

    (a) Carry-out bags;

    (b) Bulk good bags; and

    (c) Take-out and home delivery food service packaging;

  (4) Any food serviceware not included in
                    §B(3) of this regulation;

  (5) Beverage containers;

  (6) Labels affixed to packaging or products;

  (7) Materials used to fill in space between a product and other packaging components, or between packaging components;

  (8) Packaging that meets the definition of “compostable”, as defined in this chapter, including:

    (a) Packaging that meets labeling requirements in Environment Article, §§
                      9-2102 and
                      9-2104, Annotated Code of Maryland or other standards as approved by the Department; or

    (b) Packaging that is a singular organic material with no processing, additives or changes to molecular structure, demonstrated to the Department and subsequently approved by the Department;

  (9) Multimaterial packaging;

  (10) Packaging for reuse or refill, as defined in this chapter; and

  (11) Packaging that is at any point intended to reach a consumer.

C. Covered paper products include:

  (1) Paper products offered for sale, imported, or distributed in the State and sold or supplied for use within the residential, industrial, commercial, and institutional sectors;

  (2) Multimaterial products that are at least majority paper by volume; and

  (3) Food serviceware that meets the definition of paper product.