Maryland Code, ENVIRONMENT 6-1202.1
Terms Used In Maryland Code, ENVIRONMENT 6-1202.1
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) This section does not apply to:
(i) Original equipment manufacturer replacement service parts or other products manufactured before January 1, 2011, if the part or products were manufactured in compliance with applicable federal, State, and local laws; and
(ii) 1. A vehicle, as defined in § 11-176 of the Transportation Article;
2. An aircraft, as defined in § 5-101 of the Transportation Article; or
3. A product, part, or replacement part for use in a vehicle or aircraft.
(b) (1) Beginning on December 31, 2010, a person may not manufacture, lease, sell, or distribute for sale or lease in the State any of the following products that contain more than one-tenth of 1% of decaBDE by mass:
(i) Mattresses;
(ii) Upholstered furniture designed for residential use; and
(iii) Electrical or electronic equipment.
(2) Except as provided in paragraph (3) of this subsection, beginning on December 31, 2012, a person may not manufacture, lease, sell, or distribute for sale or lease in the State any product that contains more than one-tenth of 1% of decaBDE by mass.
(3) Paragraph (2) of this subsection does not apply to:
(i) Transportation equipment;
(ii) Military equipment; or
(iii) Components of transportation or military equipment.
(c) On or after December 31, 2013, a person may not manufacture, lease, sell, or distribute for sale or lease in the State the following products that contain more than one-tenth of 1% of decaBDE by mass:
(1) Transportation equipment;
(2) Military equipment; or
(3) Components of transportation or military equipment.
(d) This section does not prohibit:
(1) A retailer that is in possession of a product prohibited for manufacture, lease, sale, or distribution for sale or lease under subsections (b) and (c) of this section from selling, recycling, or otherwise disposing of a product that is in the retailer’s or lessor’s inventory on or after the date that the prohibition takes effect;
(2) A person from recycling a product that contains decaBDE;
(3) A person from selling, leasing, recycling, or otherwise disposing of a product that contains recycled decaBDE;
(4) Any activity involving a product that contains decaBDE that occurs subsequent to first sale at retail; or
(5) A person from transporting or storing a product prohibited under subsections (b) and (c) of this section for later distribution outside the State.