Maryland Passes Law to Regulate Flame Retardant

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Maryland this week pased House Bill 00. This bill prohibits a person from importing, selling, or offering for sale any child care product that contains more than one-tenth of 1% (by mass) of tris (2-chloroethyl) phosphate (TCEP). A “child care product” is a consumer product – including a baby product, toy, car seat, nursing pillow, crib mattress, or stroller – intended for use by a child younger than age three. (The bill does not apply to the sale or distribution of a child care product that is resold, offered for resale, or distributed by a consumer for consumer use. Furthermore, the Secretary of Health and Mental Hygiene may suspend implementation of this prohibition if the Secretary determines that the fire safety benefits of TCEP are greater than the health risks associated with TCEP.) A person that violates the bill is subject to a civil penalty of up to $1,000 for a first violation and $2,500 for each subsequent violation. In addition, the bill authorizes a court to enjoin any action prohibited by the bill . The Department of Health and Mental Hygiene (DHMH) must, on or before January 1, 2014, adopt regulations to implement the bill.

H.B. 99 is available at this link: http://mgaleg.maryland.gov/webmga/frmmain.aspx?pid=billpage&tab=subject3&id=hb0099&stab=01&ys=2013rs

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