COMAR 26.04.14.06. Producers

A. In this chapter, producers of covered materials are obligated to:

(1) Pay fees in accordance with this chapter and either:

(a) Join and provide information required per an approved Producer Responsibility Plan established and maintained by a PRO;

(b) Have an IPP approved by the Department; or

(c) Have both an approved IPP by the Department for a specific covered material and join the PRO Producer Responsibility Plan for any other covered materials;

(2) Register with the Department or their PRO in accordance with this chapter;

(3) Report to the Department or their PRO as defined in this chapter;

(4) Retain records in accordance with this chapter; and

(5) Meet all timeline requirements or be subject to enforcement provisions as defined in this chapter.

B. Notification and Reporting.

(1) For producers with an IPP on file with the Department, any changes due to either termination, acquisition, or merger, shall be reported by the producer on letterhead to the Department within 30 days of such activity.

(2) For producers who are members of a PRO, any changes due to either termination, acquisition or merger, shall be reported by the producer to their PRO as detailed in the approved plan.

(3) Required reporting shall be provided on a pro-rated basis for the producer if terminated, acquired, or merged under the original producer on file.

C. Restrictions.

A producer may not sell or distribute any products that use covered materials in the State unless the producer is either registered with the PRO or has an approved IPP on file with the Department for every covered material sold or distributed into the State.