1. A. Covered materials includes all packaging and paper products that meet the definition of covered materials in this chapter.

2. B. Covered packaging includes:

   1. (1) Primary, secondary, and tertiary packaging intended for the consumer market except those that are exempt or excluded materials as defined in this chapter;

   2. (2) Components and elements that are supplemental, auxiliary, or subordinate and integrated into packaging, including:

      1. (a) Those components and elements that are directly attached to a product; and

         1. (i) Are part of the packaging design functionally or aesthetically;
         2. (ii) Facilitate the packaging function; or
         3. (iii) facilitate the delivery including through identification of the product; and
      2. (b) Materials used to affix packaging components to one another;

   3. (3) Service packaging designed and intended to be filled at the point of sale, including:

      1. (a) Carry-out bags;
      2. (b) Bulk good bags; and
      3. (c) Take-out and home delivery food service packaging;
   4. (4) Any food serviceware not included in §B(3) of this regulation;
   5. (5) Beverage containers;
   6. (6) Labels affixed to packaging or products;
   7. (7) Materials used to fill in space between a product and other packaging components, or between packaging components;

   8. (8) Packaging that meets the definition of “compostable”, as defined in this chapter, including:

      1. (a) Packaging that meets labeling requirements in Environment Article, §§ 9-2102 and 9-2104, Annotated Code of Maryland or other standards as approved by the Department; or
      2. (b) Packaging that is a singular organic material with no processing, additives or changes to molecular structure, demonstrated to the Department and subsequently approved by the Department;
   9. (9) Multimaterial packaging;
   10. (10) Packaging for reuse or refill, as defined in this chapter; and
   11. (11) Packaging that is at any point intended to reach a consumer.

3. C. Covered paper products include:

   1. (1) Paper products offered for sale, imported, or distributed in the State and sold or supplied for use within the residential, industrial, commercial, and institutional sectors;
   2. (2) Multimaterial products that are at least majority paper by volume; and
   3. (3) Food serviceware that meets the definition of paper product.

Authority: Environment Article, §§ 9-1702, 9-1707, 9-2501— 9-2512, Annotated Code of Maryland

Effective date: May 25, 2026 (53:10 Md. R. 455)