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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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HEALTH - GENERAL |
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TITLE 24. MISCELLANEOUS PROVISIONS |
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SUBTITLE 3. LIMITATIONS ON MANUFACTURE OR SALE |
§ 24-304. Child care articles containing bisphenol-A prohibited.
Latest version.
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(a) "Child care article" defined. -- 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) Infant formula. -- Except as provided in subsection (g) of this section, on or after July 1, 2014:
(1) The State may not purchase infant formula in containers containing more than 0.5 parts per billion of bisphenol-A; and
(2) A person may not manufacture, knowingly sell, or distribute in commerce a container of infant formula containing more than 0.5 parts per billion of bisphenol-A.
(d) Restrictions on replacements. -- In complying with subsections (b) and (c) of this section, a person:
(1) Shall use a safe and legal 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.
(e) 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.
(f) Regulations. -- On or before January 1, 2012, the Department shall adopt regulations to carry out subsection (b) of this section.
(g) Suspension of implementation of (c). -- If the Secretary certifies that the safety concerns for bisphenol-A are resolved by additional research or if implementation of subsection (c) of this section would adversely affect the health or well-being of children or adults, the Secretary may suspend implementation of subsection (c) of this section.