COMAR 26.04.14.03. Covered Materials

A. Covered materials includes all packaging and paper products that meet the definition of covered materials in this chapter.

B. Covered packaging includes:

(1) Primary, secondary, and tertiary packaging intended for the consumer market except those that are exempt or excluded materials as defined in this chapter;

(2) Components and elements that are supplemental, auxiliary, or subordinate and integrated into packaging, including:

(a) Those components and elements that are directly attached to a product; and

(i) Are part of the packaging design functionally or aesthetically;

(ii) Facilitate the packaging function; or

(iii) facilitate the delivery including through identification of the product; and

(b) Materials used to affix packaging components to one another;

(3) Service packaging designed and intended to be filled at the point of sale, including:

(a) Carry-out bags;

(b) Bulk good bags; and

(c) Take-out and home delivery food service packaging;

(4) Any food serviceware not included in §B(3) of this regulation ;

(5) Beverage containers;

(6) Labels affixed to packaging or products;

(7) Materials used to fill in space between a product and other packaging components, or between packaging components;

(8) Packaging that meets the definition of “compostable”, as defined in this chapter, including:

(a) Packaging that meets labeling requirements in Environment Article, §§ 9-2102 and 9-2104 , Annotated Code of Maryland or other standards as approved by the Department; or

products;

(7) Materials used to fill in space between a product and other packaging components, or between packaging components;

(8) Packaging that meets the definition of “compostable”, as defined in this chapter, including:

(a) Packaging that meets labeling requirements in Environment Article, §§ 9-2102 and 9-2104 , Annotated Code of Maryland or other standards as approved by the Department; or

(b) Packaging that is a singular organic material with no processing, additives or changes to molecular structure, demonstrated to the Department and subsequently approved by the Department;

(9) Multimaterial packaging;

(10) Packaging for reuse or refill, as defined in this chapter; and

(11) Packaging that is at any point intended to reach a consumer.

C. Covered paper products include:

(1) Paper products offered for sale, imported, or distributed in the State and sold or supplied for use within the residential, industrial, commercial, and institutional sectors;

(2) Multimaterial products that are at least majority paper by volume; and

(3) Food serviceware that meets the definition of paper product.