1. A. The packaging and paper products identified in §§B and C of this regulation are exempt or excluded in this chapter.

2. B. Packaging.

   1. (1) Statutorily-exempt Materials. The following materials are exempt from the definition of a covered material, as specified in Environment Article, §9-2501, Annotated Code of Maryland:

      1. (a) Primary packaging for infant formula, as defined in 21 U.S.C. § 321(Z);
      2. (b) Primary packaging for medical food, as defined in 21 U.S.C. § 360EE(B)(3);

      3. (c) Primary packaging for a fortified oral nutritional supplement, or food which is formulated to be consumed or administered enterally for individuals who are unable to consume nutrition orally, used by individuals who require supplemental or sole source nutrition to meet nutritional or special dietary needs directly related to the following conditions as defined by the International Classification of Diseases, Tenth Revision:

         1. (i) Cancer;
         2. (ii) Chronic kidney disease;
         3. (iii) Diabetes;
         4. (iv) Malnutrition; or
         5. (v) Failure to thrive;
      4. (d) Primary packaging for a product regulated as a drug or medical device by the U.S. Food and Drug Administration, including associated components and consumable medical equipment;
      5. (e) Primary packaging for medical equipment or a product used in medical settings that is regulated by the U.S. Food and Drug Administration, including associated components and consumable medical equipment;

      6. (f) Primary packaging for drugs, biological products, parasiticides, medical devices, or in vitro diagnostics that are used to treat, or that are administered to, animals and are regulated by:

         1. (i) The U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or
         2. (ii) The U.S. Department of Agriculture under the Federal Virus–Serum–Toxin Act;
      7. (g) Primary packaging for products regulated by the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act;
      8. (h) Primary packaging used to contain liquefied petroleum gas and designed to be refilled;
      9. (i) Primary packaging used to contain hazardous or flammable products regulated under the 2012 Federal Occupational Safety and Health Administration Hazard Communication Standard that prevent the packaging from being waste reduced or made reusable, recyclable, or compostable, as determined by the department;
      10. (j) Primary packaging for products subject to the paint stewardship program under Environment Article, Title 9, Subtitle 17, Part V, Annotated Code of Maryland;

      11. (k) Material that a producer distributes to another producer that is:

          1. (i) Subsequently used to contain a product, and the product is distributed to a commercial business or entity; and
          2. (ii) Packaging material that is not introduced to a person other than the commercial or business entity that first received the product; or
      12. (l) Primary packaging used for the long–term protection or storage of a product that has a lifespan of not less than 5 years, as determined by the Department;
   2. (2) Beverage containers covered under a legislatively-mandated beverage container deposit return program in the State; and
   3. (3) Packaging that is designed to be ingested.

3. C. Paper Products. The following paper products are exempt from the definition of a covered material:

   1. (1) Statutorily exempt material including:

      1. (a) Newsprint subject to Environment Article, §9–1707, Annotated Code of Maryland; and
      2. (b) A paper product used for a magazine’s print publication that has a circulation of less than 95,000 and that primarily includes content derived from primary sources related to news and current events;
   2. (2) Bound books as defined in this chapter; and
   3. (3) Products that are not accepted by materials recycling facilities or composting facilities because of the unsafe or unsanitary nature of the products.

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)