Planning to sell products in Maryland? In this guide, we list Maryland state regulations applicable to children’s products, furniture, mattresses, and other products. We also cover the basics of product liability and product labeling requirements.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Maryland. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Child Care Articles Containing Bisphenol-A Prohibited
Maryland Code, Title 24, Subtitle 3.4 establishes requirements for the Bisphenol-A content level in child care articles sold in Maryland.
The requirements of this code apply to empty bottles or cups that are filled with food or liquid and are intended to be used by children under the age of 4 years. Examples of such products include:
- Baby’s feeding bottles
- Sipper cups
- Infant’s straw cups
- Sucking cups
Maryland Code, Title 24, Subtitle 3.4 prohibits the manufacture, sale, or distribution of child care articles containing more than 0.00005% by weight of Bisphenol-A.
The code also requires that manufacturers of bottles or cups should not replace Bisphenol-A with:
a. Carcinogens rated by the United States Environmental Protection Agency (EPA) as Group A, B, or C carcinogens; or
b. Reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the EPA
Manufacturers of children’s drinking containers should make sure that their products do not contain more than 0.00005% of Bisphenol-A. You can contact an experienced laboratory and arrange Bisphenol-A testing services to determine whether your products are compliant.
Cadmium in Children’s Jewelry
Maryland Code, Title 6, Subtitle 14 on Cadmium in Children’s Jewelry establishes requirements for the cadmium content level in children’s jewelry sold in Maryland.
The requirements of this code apply to jewelry that is intended to be worn or used by children under the age of 13 years. Examples of such products include but are not limited to the following:
The Maryland Code requires that no person may manufacture, sell, offer for sale, or distribute any children’s jewelry that contains more than 0.0075% of cadmium by weight.
Manufacturers of children’s jewelry should make sure that the products they sell in Maryland do not contain more than 0.0075% of cadmium by weight. In order to comply with the requirements, manufacturers should arrange a cadmium lab test for their products from a reputable lab agency.
Mercury and Products that Contain Mercury
Maryland Code, Title 6, Subtitle 9, Part II on Mercury and Products that Contain Mercury prohibits the sale of certain mercury-added products in Maryland, and sets up labeling requirements for non-banned products that contain mercury.
The requirements of this code cover certain mercury-added products such as:
- Fever thermometers
- Electric switches
- Electric relays
Maryland Code, Title 6, Subtitle 9 Part II on Mercury and Products that Contain Mercury prohibits the sales of the following mercury-added products in Maryland:
- Mercury fever thermometers (except by prescription)
- Thermostats containing mercury
Also, the code provides labeling requirements for other mercury-added products.
This code set up the labeling requirements for mercury-added products, which should include the following information:
a. A statement explaining that the product contains mercury
b. A statement explaining that the product should be compliant with federal and state regulations to minimize the mercury released into the environment
Companies of mercury-added products should make sure that the products they sell in Maryland comply with the mercury content and labeling requirements set forth in the code, by performing relevant lab testing. Lab agencies that are qualified to provide mercury lab testing services include SGS, TÜV SÜD, and Intertek.
Flame Retardants Law
The requirements of the Flame Retardants Law restrict the flame retardant content for certain consumer products to be no more than 0.1% by weight.
The Flame Retardants Law covers the following products:
- Children’s products (used by children under the age of 12 years)
- Upholstered furniture
- Reupholstered furniture
This law doesn’t apply to the following products:
- Electronic components or their casings
- Components of upholstered or reupholstered furniture other than cover fabric, barrier material, resilient filling material, and decking material
- Threads or fiber used for stitching mattress components together
- Components of adult mattresses except for foam
The Flame Retardants Law prohibits anyone from importing, selling, or offering for sale certain products that contain more than 0.1% of flame-retardant chemicals by weight. These products include any juvenile product, mattress, upholstered furniture, or reupholstered furniture.
The law defines flame-retardant as chemicals:
a. Containing one or more halogen elements, including fluorine, chlorine, bromine, or iodine
b. Containing one or more carbon elements and one or more phosphorus elements
c. Containing one or more carbon elements and one or more nitrogen elements, or
d. is a nanoscale chemical
Importers and sellers of children’s products, mattresses, and upholstered furniture should consult with a lab agency and book flame-retardant testing services to make sure that the products they sell do not contain more than 0.1% by weight of the flame-retardant chemicals.
Lead Containing Children’s Products
Maryland Code, Title 6, Subtitle 13 Lead-Containing Children’s products set up requirements for manufacturers and importers of children’s products regarding the lead concentration level, test, and documentation requirements.
The requirements from Subtitle 13 apply to the following products that are designed to be used by children under the age of 13 years old:
- Decorative objects
- Food contact products
Maryland Code, Title 6, Subtitle 13 Lead-Containing Children’s products prohibit anyone from manufacturing, importing, selling, or distributing a children’s product that contains more than 0.06% of lead by weight. It also requires manufacturers or importers to draft children’s product certification.
The code also requires that manufacturers or importers of the children’s products for which a children’s product certification is required under federal law should issue such a document. This is to certify that the children’s products do not have more than 0.06% of lead by weight as required by this law.
Subtitle 13 requires manufacturers of children’s products to test whether their products are lead-containing products by using a testing entity accepted under the federal requirements set by the CPSIA.
Maryland Code Title 6, Subtitle 16 on PFAS Chemicals sets up the requirements for the use of Class B fire-fighting foam in Maryland.
The requirements of Subtitle 16 apply to Class B fire-fighting foam. Class B Foam is also referred to as AFFF. It is used to extinguish Class B materials such as gasoline, oil, and jet fuel.
Maryland Code Title 6, Subtitle 16 on PFAS Chemicals requires that Class B fire-fighting foam that contains intentionally added PFAS chemicals may not be used for testing nor training purposes.
The requirement of Subtitle 16 does not restrict the manufacture, sale, or distribution of Class B fire-fighting foam that contains intentionally added PFAS chemicals, and that is not thought for testing nor training purposes.
Product Liability Laws
The Product Liability Laws determine manufacturers’ liability in the commercial activities that take place in Maryland. Under the defined circumstances, manufacturers and sellers are responsible for the injury or loss of the claimants.
The product liability in Maryland applies to products that are intended to be used by consumers, including but are not limited to the following:
Under the Maryland product liability laws, manufacturers are responsible for the injury or loss of the claimants for the following factors:
a. Manufacturing defects (e.g. manufacturer use unqualified materials; being careless in the manufacturing process; fail to train the workers properly; or fail to conduct a quality inspection after finishing production)
b. Design defects (e.g. the manufacturer fail to design or manufacture the product in a proper way)
c. Marketing defects (e.g. the manufacturer fail to inform consumers of potential and latent dangers in the product)
Manufacturers are responsible for providing adequate warning information or instructions to teach consumers the proper and safe way to use the products.
Manufacturers have the duty to produce products that are safe for the users. Thus, they should test their products using a reputable lab agency to confirm product compliance before selling them in Maryland.
|Child Care Articles Containing Bisphenol-A Prohibited||Link|
|Cadmium in Children’s Jewellery||Link|
|Mercury and Products that Contain Mercury||Link|
|Flame Retardants Law||Link|
|Lead Containing Children’s Products||Link|
|Product Liability laws||Link|