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; or3. $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; and5. 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.Added by 2017 Md. Laws, Ch. 809,Sec. 1, eff. 10/1/2017.Added by 2017 Md. Laws, Ch. 808,Sec. 2, eff. 10/1/2017.