Chapter 06. Lead in Children's Products
Regulation .01 Scope.LinkCopy Citation
This chapter establishes requirements and standards for the testing and certification of children's products.
Regulation .02 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Distribute” means to place children's products into the Maryland stream of commerce to be sold or offered for sale in Maryland.
(2)
“Distributor” means a person who places children's products into the Maryland stream of commerce to be sold or offered for sale in Maryland.
(3)
“Import” means to bring children's products from a foreign or external source into the Maryland stream of commerce to be sold or offered for sale in Maryland.
Regulation .03 Certification of Children's Products.LinkCopy Citation
A.
A United States manufacturer, or if the manufacturer is not a United States manufacturer, the importer of record, of a children's product, for which a children's product certification is required under federal law, shall issue a written certificate that certifies that the children's product is not a lead-containing product.
B.
Before issuing a certificate, a United States manufacturer, or if the manufacturer is not a United States manufacturer, the importer of record, shall verify that the children's product was tested, as required by Regulation .04 of this chapter.
C.
The certificate shall be on a form created by the Department or a document that includes the following information:
(1)
A statement that the children's product is not a lead-containing product;
(2)
The name of the manufacturer; and
(3)
The date and place of manufacture.
Regulation .04 Testing.LinkCopy Citation
A.
A certificate issued in accordance with Regulation .03 of this chapter shall be based on:
(1)
A test of each children's product; or
(2)
A testing program recognized by federal law.
B.
Testing shall be conducted on parts, components, and coatings of a children's product that are accessible to a child through normal and reasonably foreseeable use and abuse of the product.
Regulation .05 Maintenance of Documents.LinkCopy Citation
A.
A person shall maintain a copy of all documents required to be maintained by Environment Article, §6-1304(c) and (d), Annotated Code of Maryland, for at least 3 years after the person is last in possession of the children's product.
B.
A person shall provide to the Department or any person a copy of all documents required to be provided by Environment Article, §6-1304(c) and (d), Annotated Code of Maryland, within 30 days of a written request.
Regulation .06 Reporting of Lead Containing Products.LinkCopy Citation
A.
If a person determines that a person has manufactured, sold, offered for sale, imported, or distributed a children's product in violation of Environment Article, §6-1303, Annotated Code of Maryland, the person shall report the violation to the Department.
B.
Within 24 hours of determining the violation has occurred, the person shall submit a report to the Department on a form created by the Department or that includes the following information:
(1)
The identity of the children's product found to be a lead-containing product;
(2)
The identity of all the components found to be part of the lead-containing product;
(3)
All the lead levels in violation of Environment Article, §6-1303, Annotated Code of Maryland, found in the components of the children's product; and
(4)
All lead testing results for the children's product found to be in violation.
C.
Within 15 days after discovering a lead-containing product in violation of Environment Article, Title 6, Subtitle 13, Annotated Code of Maryland, the person shall submit a report to the Department, including all the information set forth in Environment Article, §6-1305(b), Annotated Code of Maryland.
Regulation .07 Sale of Existing Inventory.LinkCopy Citation
A children's product placed into the Maryland stream of commerce before the effective date of this chapter is not subject to this chapter's requirements if it is in compliance with the Federal Hazardous Substances Act and federal law and is sold to a consumer within 90 days after the effective date of this chapter.
Chapter annotations
Authority: Environment Article, §§1-404 and 6-1301—6-1311, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.07 adopted as an emergency provision effective August 21, 2009 (36:19 Md. R. 1433); adopted permanently effective October 19, 2009 (36:21 Md. R. 1594)