Md. Code Ann., Envir. § 9-1905
Enforcement; exemption claims
Effective Jul 1, 2022Added by Acts 1992, c. 491, § 1, eff. Oct. 1, 1992. Amended by Acts 2022, c. 138, § 1, eff. July 1, 2022; Acts 2022, c. 139, § 1, eff. July 1, 2022.State of Maryland
(a) To enforce the provisions of this subtitle, the Department may:
- (1) Notify a manufacturer that there are grounds for suspecting that a package or packaging component produced by the manufacturer may not be in compliance with the provisions of this subtitle; and
- (2) Request the manufacturer to certify that the package or packaging component is in compliance, including by requesting the manufacturer's certificate of compliance established under subsection (c) of this section.
- (b) If the manufacturer certifies that the package or packaging component is exempt under § 9-1903 of this subtitle, the manufacturer shall identify the specific basis on which the exemption is claimed.
(c)
- (1) A manufacturer that manufactures, sells, offers for sale, or distributes for use in the State a food package or food packaging component shall establish a certificate of compliance to attest that the food package or food packaging component is in compliance with the requirements of § 9-1902(d) of this subtitle.
- (2) Within 30 days after a request by the Department, a manufacturer shall provide the certificate of compliance established under paragraph (1) of this subsection to the Department.
- (d) If the manufacturer fails to certify that the package or packaging component is in compliance or is exempt, the Department may seek an injunction under § 9-1906 of this subtitle to require the manufacturer to withdraw the package or packaging component in question from sale or promotional use within the State.
Added by Acts 1992, c. 491, § 1, eff. Oct. 1, 1992. Amended by Acts 2022, c. 138, § 1, eff. July 1, 2022; Acts 2022, c. 139, § 1, eff. July 1, 2022.