2086

LAWS OF MARYLAND

Ch. 240

(2) HAS NOT ALTERED THE FLAMMABILITY OF THE
PRODUCT, FABRIC, OR RELATED MATERIAL COVERED BY THE
GUARANTY; AND

GUARANTY.

(3) REASONABLY AND IN GOOD FAITH RELIES ON THE

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, §§ 892(b) and 893.

In subsection (a) of this section, "separate
guaranty" is substituted for "specific guaranty"
for clarity and to conform to terminology used in
the federal Flammable Products Act. See 15
U.S.C. § 1197.

In subsection (d)(3) of this section, the
reasonable and good faith reliance element of
former Article 43, § 893(c) is revised to apply
both to providing a false guaranty and to the
manufacture and sale of nonconforming products.
A literal reading of former Article 43, § 893
would have made this element applicable only to
providing a false guaranty; however, it seems
clear that the General Assembly actually intended
that reasonable and good faith reliance are
required for a person to be excepted from any of
the prohibitions in subsections (b) and (c) of
this section.

The General Assembly may wish to consider
substituting "increased" for "altered" in
subsection (d)(2) of this section. The General
Assembly may not have intended that a person
whose actions reduce the flammability of a
product should not be allowed to rely on a
guaranty from the manufacturer or seller.

6-207. PENALTY.

A PERSON WHO WILLFULLY VIOLATES ANY PROVISION OF THIS
SUBTITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $1,000 OR IMPRISONMENT NOT
EXCEEDING 6 MONTHS OR BOTH.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 897.

The only changes are in style.

SUBTITLE 3. LEAD-BASED PAINT.

6-301. USE OF LEAD-BASED PAINT PROHIBITED.