Maryland Statutes
Part II - Mercury and Products That Contain Mercury
Section 6-905.3 - Prohibition on Sale of Products Containing Mercury -- Electric Switch, Electric Relay, or Gas Valve Switch

(a)    Except as provided in subsection (b) of this section, on or after October 1, 2018, a marketer may not knowingly sell or provide to a consumer individually or as a product component:
        (1)    An electric switch containing mercury;
        (2)    An electric relay containing mercury; or
        (3)    A gas valve switch containing mercury.
    (b)    This section does not apply to an electric switch, an electric relay, or a gas valve switch that is sold or provided to replace a switch or relay that is a component of a larger product in use on or before October 1, 2018, if:
        (1)    The larger product is used in manufacturing;
        (2)    The larger product is used in a generating, transmission, or distributing facility for electric energy, gas, or water;
        (3)    The switch or relay is integrated with, and not physically separate from, other components of the larger product;
        (4)    The use of the switch or relay is required under federal law or regulation; or
        (5)    The manufacturer of the larger product has not approved for use in the larger product a switch or relay that does not contain mercury.
    (c)    (1)    A person that violates this section is liable for a civil penalty to be collected in a civil action in the circuit court for any county in the State not exceeding:
            (i)    $1,000 for a first offense;
            (ii)    $2,500 for a second offense; or
            (iii)    $5,000 for a third or subsequent offense.
        (2)    (i)    In addition to any other remedies available at law or in equity, after an opportunity for a hearing, the Department may impose a fine for each violation of this section, not exceeding:
                1.    $1,000 for a first offense;
                2.    $2,500 for a second offense; or
                3.    $5,000 for a third or subsequent offense.
            (ii)    The Department shall consider the following in assessing the fine in subparagraph (i) of this paragraph:
                1.    The willfulness of the violation;
                2.    The extent to which the violation was known, but uncorrected, by the violator;
                3.    The extent to which the violation resulted in actual harm to human health or the environment;
                4.    The nature and degree of injury to, or interference with, general welfare and health; and
                5.    The extent to which the current violation is part of a pattern of the same or a similar type of violation by the violator.
        (3)    Each day a violation continues is a separate offense under this section.