1. A. Registration Requirements.

   1. (1) Beginning July 1, 2026, and each year thereafter, by no later than June 30:

      1. (a) A PRO, as approved by the Department, shall file a registration form with the Department including:

         1. (i) A list of the producers participating in their PRO;
         2. (ii) A list of the brands of each producer participating in their PRO;
         3. (iii) A list of covered materials, by category as described in this chapter, of each producer participating in their PRO, by weight distributed into the State during the previous calendar year;
         4. (iv) The name, address, contact information of a person responsible for ensuring the PRO’s and member producers’ compliance with Environment Article, §9-2505, Annotated Code of Maryland and this chapter; and
         5. (v) An annual registration fee described in this regulation; and

      2. (b) For producers who are seeking to be approved through an IPP and not through a PRO, shall file a registration form with the Department including:

         1. (i) A list of the brands of the producer;
         2. (ii) A list of covered materials of the producer, by category as described in this chapter, by weight distributed into the State during the previous calendar year;
         3. (iii) The name, address, and contact information of a person responsible for ensuring the compliance with the IPP; and
         4. (iv) An annual registration fee defined in this chapter.

   2. (2) Producers who are members of and participate in a PRO must annually provide to their PRO by a date identified in their Producer Responsibility Plan or a method approved by the Department:

      1. (a) A list of brands of the producer;
      2. (b) A list of covered materials of the producer, by category as described in this chapter, by weight distributed into the State during the previous calendar year;
      3. (c) Name, address and contact information of a person responsible for compliance for the producer; and
      4. (d) An annual registration fee defined in this chapter.

2. B. Registration Form.

   1. (1) For a PRO, annual registration shall be submitted electronically on a form provided by or approved by the Department, by no later than the date provided in Regulation .10A of this chapter.
   2. (2) For producers that are participating under an IPP, annual registration shall be submitted electronically on a form provided by or approved by the Department, by no later than the date provided in Regulation .10A of this chapter.
   3. (3) Registration forms shall include, for the purposes of identification, the information described in §A of this regulation.
   4. (4) Registration shall also include necessary registration fees as described in this regulation.
   5. (5) PROs, as approved by the Department, may require additional information of producers to be registered with their organization, to support the requirements in this chapter.

3. C. Fees Associated with Registration.

   1. (1) Annual Registration Fees. In an amount sufficient to cover:

      1. (a) In each year, the cost of record keeping under Environment Article, §9-2505, Annotated Code of Maryland, not to exceed $1,000;
      2. (b) In each year, the costs of developing and updating the list required under Environment Article § 9-2508, Annotated Code of Maryland;

      3. (c) As necessary, the costs of developing and implementing regulations in accordance with Environment Article, §9-2511, Annotated Code of Maryland.

         1. (i) For the fee due on July 1, 2026, the fee shall cover the estimated costs incurred by the Department from June 1, 2025 to June 30, 2026 and the Department's estimated costs for this activity in the State’s fiscal year 2026, and
         2. (ii) For each subsequent fee, the fee shall cover the anticipated costs as provided by the Department for the upcoming State’s fiscal year.
      4. (d) In 2028 and each thereafter, the costs of registering service providers under Environment Article, §9-2507, Annotated Code of Maryland.
   2. (2) Restrictions. Annual registration fees charged by a PRO to their member producers collectively may not, across all member producers, exceed the cost of fees paid by their PRO to the Department for registration as defined in this chapter.
   3. (3) Fees may not be prorated due to termination, acquisition, or merger.

4. D. Delayed Registration and Reporting.

   1. (1) Entities who meet the definition of producer and failed to register according to §A of this regulation may be:

      1. (a) Provided a letter of corrective action by the Department that describes back payment and penalties for registration and reporting requirements; and
      2. (b) Subject to penalties and enforcement provisions described in this chapter.

   2. (2) If a PRO is aware of a producer that is likely subject to these regulations, that has failed to register or report data to the PRO, the PRO shall:

      1. (a) Make the Department aware in writing of those producers on a quarterly basis;
      2. (b) Provide to the Department the contact information and missing data or fees the producer has not supplied or paid on a quarterly basis; and
      3. (c) Make all reasonable attempts to get producers to register and report applicable data.
   3. (3) The letter of corrective action will provide a date to submit this information to the Department.

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)