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ROBERT L. EHRLICH, JR., Governor Ch. 522
regarding the production, use, storage, and disposal of products containing BFRs
Although flame retardants make a valuable contribution to fire safety and save a
number of lives every year by preventing the start of fires, delaying the spread of
fires, or delaying the time of flashover to provide people time to escape, there has
been increasing concern about the health effects of some of these BFRs; and
WHEREAS, There is an increasing level of public concern over the findings of
certain polybrominated diphenyl ethers in the environment and in human breast
milk; and
WHEREAS, Substantial efforts have been made by industry and users to phase
out the manufacture of certain polybrominated diphenyl ethers; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Environment
SUBTITLE 12. BROMINATED FLAME RETARDANTS.
6-1201.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) "OCTABDE" MEANS OCTABROMINATED DIPHENYL ETHER
(C) "PENTABDE" MEANS PENTABROMINATED DIPHENYL ETHER
6-1202.
(A) THIS SECTION DOES NOT APPLY TO THE PROCESSING OF RECYCLABLES
CONTAINING PENTABDE OR OCTABDE THAT IS CONDUCTED IN COMPLIANCE WITH
ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS.
(B) THIS SECTION DOES NOT APPLY TO ORIGINAL EQUIPMENT
MANUFACTURER REPLACEMENT SERVICE PARTS OR OTHER PRODUCTS
MANUFACTURED PRIOR TO OCTOBER 1, 2008, IF THE PARTS OR PRODUCTS WERE
MANUFACTURED IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL
LAWS.
(B) (C) ON OR AFTER OCTOBER 1, 2008, A PERSON MAY NOT MANUFACTURE,
PROCESS, SELL, OR DISTRIBUTE IN THE STATE A NEW PRODUCT OR
FLAME-RETARDANT PART OF A NEW PRODUCT THAT CONTAINS MORE THAN
ONE-TENTH OF 1% OF PENTABDE OR OCTABDE BY MASS.
6-1203.
(A) TO ENFORCE THE PROVISIONS OF THIS SUBTITLE, THE DEPARTMENT MAY:
(1) NOTIFY A PERSON THAT THERE ARE GROUNDS FOR SUSPECTING
THAT THE PERSON MAY BE IN VIOLATION OF THIS SUBTITLE; AND
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