Md. Code Regs. 26.02.04.03

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.02.04.03 - Prohibition on the Sale of Certain Products

A. Fever Thermometers Containing Mercury.

(1) Except as provided in §A(2) of this regulation, a marketer may not sell or provide a fever thermometer containing mercury to a consumer except by prescription.

(2) The prohibition of §A(1) of this regulation does not apply to:

(a) A fever thermometer sold or provided to be used in hospitals or other places where medical services are provided by medical service professionals; or

(b) A digital thermometer using mercury-added button cell batteries.

B. Mercury-Added Products.

(1) This regulation does not apply to:

(a) Prescription drugs;

(b) Any substance regulated by the federal Food, Drug, and Cosmetic Act;

(c) Biological products regulated by the federal Food and Drug Administration under the federal Public Health Service Act;

(d) Medical equipment not intended for use by nonmedical personnel; or

(e) Products that contain mercury-added products that are labeled in accordance with this regulation, except as provided in Regulation .04B(4)(b) of this chapter.

(2) Unlabeled Mercury-Added Products. Beginning April 1, 2006:

(a) A manufacturer or wholesaler may not sell a mercury-added product at retail in Maryland or to a retailer in Maryland unless the product is labeled in accordance with Regulation .04 of this chapter; and

(b) A retailer may not knowingly sell a new mercury-added product in Maryland unless the product is labeled in accordance with Regulation .04 of this chapter.

(3) The manufacturer of a mercury-added product manufactured on or after January 1, 2006 is responsible for affixing the label required by §B(2) of this regulation.

(4) Motor Vehicles.

(a) The manufacturer of a motor vehicle may meet the labeling requirements of §B(2) of this regulation by placing the label on the doorpost of a new vehicle.

(b) A person who, in servicing a motor vehicle, adds a mercury-added product to the vehicle, shall:

(i) Make any necessary revisions to the label on the doorpost of the vehicle provided by the manufacturer under §B(4)(a) of this regulation; or

(ii) Add a label meeting the requirements of §B(2) of this regulation to the doorpost of the vehicle if the vehicle did not previously have such a label.

Md. Code Regs. 26.02.04.03