1. A. Fever Thermometers Containing Mercury.

   1. (1) Except as provided in §A(2) of this regulation, a marketer may not sell or provide a fever thermometer containing mercury to a consumer except by prescription.

   2. (2) The prohibition of §A(1) of this regulation does not apply to:

      1. (a) A fever thermometer sold or provided to be used in hospitals or other places where medical services are provided by medical service professionals; or
      2. (b) A digital thermometer using mercury-added button cell batteries.

2. B. Mercury-Added Products.

   1. (1) This regulation does not apply to:

      1. (a) Prescription drugs;
      2. (b) Any substance regulated by the federal Food, Drug, and Cosmetic Act;
      3. (c) Biological products regulated by the federal Food and Drug Administration under the federal Public Health Service Act;
      4. (d) Medical equipment not intended for use by nonmedical personnel; or
      5. (e) Products that contain mercury-added products that are labeled in accordance with this regulation, except as provided in Regulation .04B(4)(b) of this chapter.

   2. (2) Unlabeled Mercury-Added Products. Beginning April 1, 2006:

      1. (a) A manufacturer or wholesaler may not sell a mercury-added product at retail in Maryland or to a retailer in Maryland unless the product is labeled in accordance with Regulation .04 of this chapter; and
      2. (b) A retailer may not knowingly sell a new mercury-added product in Maryland unless the product is labeled in accordance with Regulation .04 of this chapter.
   3. (3) The manufacturer of a mercury-added product manufactured on or after January 1, 2006 is responsible for affixing the label required by §B(2) of this regulation.

   4. (4) Motor Vehicles.

      1. (a) The manufacturer of a motor vehicle may meet the labeling requirements of §B(2) of this regulation by placing the label on the doorpost of a new vehicle.

      2. (b) A person who, in servicing a motor vehicle, adds a mercury-added product to the vehicle, shall:

         1. (i) Make any necessary revisions to the label on the doorpost of the vehicle provided by the manufacturer under §B(4)(a) of this regulation; or
         2. (ii) Add a label meeting the requirements of §B(2) of this regulation to the doorpost of the vehicle if the vehicle did not previously have such a label.

Authority: Environmental Article, §§6-905, 6-905.1, and 6-905.3, Annotated Code of Maryland

Effective date: January 1, 2007 (33:26 Md. R. 1999)