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2017 Maryland Code
Environment
Title 6 - Toxic, Carcinogenic, and Flammable Substances
Subtitle 12 - Brominated Flame Retardants
§ 6-1202.1. Products that contain decaBDE
Universal Citation: MD Env Code § 6-1202.1 (2017)
- (a) Definitions. --
- (1) In this section, "transportation equipment", "military equipment", and "components of transportation or military equipment" do not include shipping pallets used to transport unpackaged fruits and vegetables.
- (2) This section does not apply to:
- (i) Original equipment manufacturer replacement service parts or other products manufactured before January 1, 2011, if the part or products were manufactured in compliance with applicable federal, State, and local laws; and
- (ii)
- 1. A vehicle, as defined in § 11-176 of the Transportation Article;
- 2. An aircraft, as defined in § 5-101 of the Transportation Article; or
- 3. A product, part, or replacement part for use in a vehicle or aircraft.
- (b) Prohibitions -- Beginning on December 31, 2010 and December 31, 2012. --
- (1) Beginning on December 31, 2010, a person may not manufacture, lease, sell, or distribute for sale or lease in the State any of the following products that contain more than one-tenth of 1% of decaBDE by mass:
- (i) Mattresses;
- (ii) Upholstered furniture designed for residential use; and
- (iii) Electrical or electronic equipment.
- (2) Except as provided in paragraph (3) of this subsection, beginning on December 31, 2012, a person may not manufacture, lease, sell, or distribute for sale or lease in the State any product that contains more than one-tenth of 1% of decaBDE by mass.
- (3) Paragraph (2) of this subsection does not apply to:
- (i) Transportation equipment;
- (ii) Military equipment; or
- (iii) Components of transportation or military equipment.
- (1) Beginning on December 31, 2010, a person may not manufacture, lease, sell, or distribute for sale or lease in the State any of the following products that contain more than one-tenth of 1% of decaBDE by mass:
- (c) Prohibitions -- On or after December 31, 2013. -- On or after December 31, 2013, a person may not manufacture, lease, sell, or distribute for sale or lease in the State the following products that contain more than one-tenth of 1% of decaBDE by mass:
- (1) Transportation equipment;
- (2) Military equipment; or
- (3) Components of transportation or military equipment.
- (d) Exceptions. -- This section does not prohibit:
- (1) A retailer that is in possession of a product prohibited for manufacture, lease, sale, or distribution for sale or lease under subsections (b) and (c) of this section from selling, recycling, or otherwise disposing of a product that is in the retailer's or lessor's inventory on or after the date that the prohibition takes effect;
- (2) A person from recycling a product that contains decaBDE;
- (3) A person from selling, leasing, recycling, or otherwise disposing of a product that contains recycled decaBDE;
- (4) Any activity involving a product that contains decaBDE that occurs subsequent to first sale at retail; or
- (5) A person from transporting or storing a product prohibited under subsections (b) and (c) of this section for later distribution outside the State.
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