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2005 LAWS OF MARYLAND
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Ch. 522
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(2) REQUEST THAT THE PERSON CERTIFY THAT THE PRODUCT OR
FLAME-RETARDANT PART OF THE PRODUCT THAT THE PERSON MANUFACTURED.
PROCESSED. SOLD, OR DISTRIBUTED IS IN COMPLIANCE WITH THIS SUBTITLE.
(B) IF THE PERSON FAILS TO CERTIFY THAT THE PRODUCT OR
FLAME-RETARDANT PART OF THE PRODUCT IS IN COMPLIANCE, THE DEPARTMENT
MAY SEEK AN INJUNCTION UNDER § 6-1204 OF THIS SUBTITLE.
6-1204.
(A) (1) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE OR
ANY REGULATION ADOPTED UNDER THIS SUBTITLE. INCLUDING MAKING A FALSE
STATEMENT IN A CERTIFICATE OF COMPLIANCE. SHALL BE LIABLE TO THE STATE
FOR A CIVIL PENALTY OF UP TO $1.000 FOR EACH VIOLATION. BUT NOT EXCEEDING A
TOTAL OF $10,000 FOR ANY ACTION.
(2) EACH PRODUCT OR FLAME-RETARDANT PART OF A PRODUCT IN
VIOLATION CONSTITUTES A SEPARATE VIOLATION.
(3) THE STATE SHALL RECOVER THE CIVIL PENALTIES UNDER THIS
SUBSECTION IN A CIVIL ACTION IN ANY COUNTY.
(B) ANY PERSON WHO PREVIOUSLY HAS BEEN ASSESSED A CIVIL PENALTY
UNDER THIS SECTION AND WHO WILLFULLY VIOLATES ANY PROVISION OF THIS
SUBTITLE OR ANY REGULATION ADOPTED UNDER THIS SUBTITLE, INCLUDING
MAKING A FALSE STATEMENT IN A CERTIFICATE OF COMPLIANCE, IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $20,000.
(C) THE DEPARTMENT MAY SEEK AN INJUNCTION AGAINST ANY PERSON WHO
VIOLATES OR THREATENS TO VIOLATE ANY PROVISION OF THIS SUBTITLE OR ANY
REGULATION ADOPTED UNDER THIS SUBTITLE.
6-1205.
THE DEPARTMENT MAY ADOPT REGULATIONS NECESSARY FOR THE
IMPLEMENTATION OF THIS SUBTITLE.
(B) "BFR" MEANS BROMINATED FLAME RETARDANT.
(C) (1) "BROMINATED FLAME RETARDANT" MEANS ANY CHEMICAL
CONTAINING THE ELEMENT BROMINE THAT IS ADDED TO A PLASTIC, FOAM, OR
TEXTILE TO INHIBIT FLAME FORMATION.
(2) "BROMINATED FLAME RETARDANT" INCLUDES:
(I) POLYBROMINATED BIPHENYLS;
(II) POLYBROMINATED DIPHENYL ETHERS;
(III) TETRABROMOBISPHENOL A; AND
(IV) HEXABROMOCYCLODODECANE.
(D) "DECABDE" MEANS DECABROMINATED DIPHENYL ETHER
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