** TAKES EFFECT JANUARY 1, 2025 PER CHAPTER 490 OF 2021 **
(a) In this section:
(1) “Ingredient” means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product; and
(2) “Ingredient” does not include an incidental ingredient, as described in 21 C.F.R. § 701.3(l).
(b) Except as provided in subsection (c) of this section, a person may not knowingly manufacture, sell, deliver, hold, or offer for sale in the State a cosmetic product that contains any of the following intentionally added ingredients:
(1) Dibutyl phthalate (CAS no. 84–74–2);
(2) Diethylhexyl phthalate (CAS no. 117–81–7);
(3) Formaldehyde (CAS no. 50–00–0);
(4) Paraformaldehyde (CAS no. 30525–89–4);
(5) Methylene glycol (CAS no. 463–57–0);
(6) Quaternium–15 (CAS no. 51229–78–8);
(7) Mercury (CAS no. 7439–97–6);
(8) Isobutylparaben (CAS no. 4247–02–3);
(9) Isopropylparaben (CAS no. 4191–73–5);
(10) m–Phenylenediamine and its salts (CAS no. 108–45–2);
(11) o–Phenylenediamine and its salts (CAS no. 95–54–5); or
(12) The following per– and polyfluoroalkyl substances (PFAS) and their salts:
(i) Perfluorooctane sulfonate (PFOS) or heptadecafluorooctane–1–sulfonic acid (CAS no. 1763–23–1);
(ii) Potassium perfluorooctanesulfonate or potassium heptadecafluorooctane–1–sulfonate (CAS no. 2795–39–3);
(iii) Diethanolamine perfluorooctane sulfonate (CAS no. 70225–14–8);
(iv) Ammonium perfluorooctane sulfonate or ammonium heptadecafluorooctanesulfonate (CAS no. 29081–56–9);
(v) Lithium perfluorooctane sulfonate or lithium heptadecafluorooctanesulfonate (CAS no. 29457–72–5);
(vi) Perfluorooctanoic acid (PFOA) (CAS no. 335–67–1);
(vii) Ammonium pentadecafluorooctanoate (CAS no. 3825–26–1);
(viii) Nonadecafluorodecanoic acid (CAS no. 335–76–2);
(ix) Ammonium nonadecafluorodecanoate (CAS no. 3108–42–7);
(x) Sodium nonadecafluorodecanoate (CAS no. 3830–45–3);
(xi) Perfluorononanoic acid (PFNA) (CAS no. 375–95–1);
(xii) Sodium heptadecafluorononanoate (CAS no. 21049–39–8); or
(xiii) Ammonium perfluorononanoate (CAS no. 4149–60–4).
(c) A person is not in violation of this section if the person manufactures, sells, delivers, holds, or offers for sale in the State a cosmetic product that:
(1) Was manufactured through a process intended to comply with this section; and
(2) Contains a technically unavoidable trace quantity of an ingredient listed in subsection (b) of this section due to:
(i) An impurity of a natural or synthetic ingredient;
(ii) The manufacturing process;
(iii) Storage; or
(iv) Packaging.
Structure Maryland Statutes
Title 21 - Food, Drugs, and Cosmetics
Subtitle 2 - Maryland Food, Drug, and Cosmetic Act
Part VI - Enforcement of Subtitle; Prohibited Acts
Section 21-247 - False Advertising
Section 21-249 - General Powers to Inspect; Taking of Samples
Section 21-251 - Analysis of Samples
Section 21-252 - Injunctive Actions
Section 21-253 - Detainment and Destruction of Articles
Section 21-254 - Action Against Food That Poses Immediate Threat
Section 21-255 - Reporting of Criminal Violations
Section 21-256 - Prohibited Acts -- General Provisions
Section 21-257 - Violation of Label and Packaging Requirements for Consumer Commodities
Section 21-258 - Prohibited Acts -- Drugs and Devices
Section 21-259 - Prohibited Acts -- False Reports; Misuse of Information
Section 21-259.1 - Prohibited Acts -- Opening Closed Food Container
Section 21-259.2 - Prohibition on Certain Ingredients Knowingly Included in Cosmetic Products
Section 21-260 - Defenses to Alleged Violations; Burden of Proof