Section 24-304 - Child care articles containing bisphenol-A prohibited. - Maryland Statutes

§ 24-304. Child care articles containing bisphenol-A prohibited.
 

(a)  "Child care article" defined.-  

(1) In this section, "child care article" means an empty bottle or cup to be filled with food or liquid that is designed or intended by a manufacturer to be used by a child under the age of 4 years. 

(2) If a federal law regulating the use of bisphenol-A in child care articles is enacted, "child care article" shall be defined as specified in the federal law. 

(b)  In general.- On or after January 1, 2012, a person may not manufacture, knowingly sell, or distribute in commerce any child care article containing bisphenol-A. 

(c)  Restrictions on replacements.- In complying with subsection (b) of this section, a person: 

(1) Shall use the least toxic alternative when replacing bisphenol-A; and 

(2) May not replace bisphenol-A with: 

(i) Carcinogens rated by the United States Environmental Protection Agency as Group A, B, or C carcinogens; or 

(ii) Reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency. 

(d)  Violations; penalties.- A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each violation. 

(e)  Regulations.- On or before January 1, 2011, the Department shall adopt regulations to carry out this section. 
 

[2010, chs. 46, 47.]