Chemical Legislation in Maryland
Child Care Articles Containing Bisphenol-A
In 2010, Maryland enacted a law prohibiting the manufacture or knowing distribution or sale of BPA-containing child care articles, effective January 1, 2012. A child care article is any bottle or cup to be filled with food or liquid intended for use by a child younger than age 4. When replacing BPA, manufacturers must use the least toxic alternative, and may not use carcinogens or reproductive toxicants.
Containers of Infant Formula Manufactured with Bisphenol-A
In 2011, Maryland passed a bill amending the existing prohibition on BPA in child care articles. Effective July 1, 2014, the bill prohibits the manufacture or knowing sale or distribution of infant formula in containers with BPA at a level of more than 0.5 ppb. The bill requires that BPA be replaced by a “safe and legal” alternative. Also, the bill extends by one year the deadline for adoption of regulations on the use of BPA in child care articles. The new deadline is January 1, 2012. Finally, the bill requires that the Department of Health and Mental Hygiene report to the legislature on federal research and regulatory activities related to BPA by September 1, 2012.
Cadmium in Children's Jewelry
In 2011, Maryland enacted legislation prohibiting the manufacture, sale, offer for sale, or distribution of children’s jewelry containing cadmium at more than 0.0075% (75ppm) by weight, starting July 1, 2012.
Brominated Flame Retardants
In 2005, Maryland enacted legislation that restricts the sale of products containing brominated flame retardants. These restrictions were amended in 2010 (SB 556) and 2011 (HB 54). Currently, Maryland law prohibits the manufacture, processing, sale, or distribution of a new product or part containing more than one-tenth of 1% of pentaBDE or octaBDE by mass. Maryland also prohibits the manufacture, lease, sale, or distribution of the following products that contain more than one-tenth of 1% of decaBDE by mass:
Starting December 31, 2010, mattresses, upholstered furniture designed for residential use, or electrical or electronic equipment.
Starting December 31, 2012, any product, except transportation or military equipment or components thereof.
Starting December 31, 2013, transportation or military equipment or components thereof.
Biomonitoring Program
In 2010, Maryland enacted legislation requiring the state’s Department of Health and Mental Hygiene, in consultation with the Department of the Environment, to study the feasibility of implementing a biomonitoring program in the state. The Act requires that a study be submitted to the legislature by June 30, 2011 (which is also the date on which the Act expires). A draft white paper partially fulfilling this requirement was released on April 1, 2011. Also, the Children’s Environmental Health and Protection Advisory Council and the Department of Health and Mental Hygiene sponsored a symposium on biomonitoring that took place on April 1, 2011.
Children's Products Containing Lead
In 2008, Maryland enacted restrictions on lead in children’s products, defined as products intended for use by children under the age of 6 (HB 62). The legislature amended these prohibitions in 2009 (HB 119) to align the state law with the requirements under the Consumer Product Safety Improvement Act of 2008 (CPSIA). Currently, Maryland law prohibits the manufacture, sale, offer for sale, distribution, or import of any “lead-containing product” intended for use by children under the age of 13 years. A lead containing product is a product in which any part or coating contains lead or lead compounds greater than the lesser of: (1) 0.06% by weight of the total weight of the part, component, or coating; or (2) the federal limit for lead in children’s products. For children’s products requiring certification under federal law, the state law requires a manufacturer, importer, or retailer to test whether the product is a lead-containing product, and issue a certificate for those products that are not lead-containing products. That certificate must accompany the product upon its delivery to any distributor or retailer. A children’s product may not be sold without this certificate.