EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1136*
SENATE BILL 1136
J1 4lr3516
CF HB 1098
By: Senator Benson
Introduced and read first time: February 9, 2024
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Public Health – Prohibited Ingredients in Food 2
FOR the purpose of prohibiting a person from manufacturing, selling, delivering, holding, 3
or offering for sale in the State food that contains certain ingredients; and generally 4
relating to ingredients in food. 5
BY repealing and reenacting, without amendments, 6
Article – Health – General 7
Section 21–101(a) and (i) and 21–1215 8
Annotated Code of Maryland 9
(2023 Replacement Volume) 10
BY adding to 11
Article – Health – General 12
Section 21–259.4 13
Annotated Code of Maryland 14
(2023 Replacement Volume) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Health – General 18
21–101. 19
(a) In this title the following words have the meanings indicated. 20
(i) “Food” means: 21
(1) Any substance that is used as food or drink for human beings or as a 22
component of food or drink for human beings; or 23 2 SENATE BILL 1136
(2) Chewing gum or any substance that is used as a component of chewing 1
gum. 2
21–259.4. 3
A PERSON MAY NOT MANUFACTURE , SELL, DELIVER, HOLD, OR OFFER FOR 4
SALE FOOD IN THE STATE THAT CONTAINS : 5
(1) BROMINATED VEGETABLE OIL (CAS NO. 8016–94–2); 6
(2) POTASSIUM BROMATE (CAS NO. 7758–01–2); 7
(3) PROPYLPARABEN (CAS NO. 94–13–3); OR 8
(4) RED DYE 3 (CAS NO. 16423–68–0). 9
21–1215. 10
(a) This section does not apply to a violation of § 21–220(b)(4) or § 21–259.2 of this 11
title. 12
(b) A person who violates any provision of Subtitle 2 of this title or any regulation 13
adopted under Subtitle 2 of this title is guilty of a misdemeanor and on conviction is subject 14
to: 15
(1) A fine not exceeding $10,000 or imprisonment not exceeding 1 year or 16
both; or 17
(2) If the person has been convicted once of violating Subtitle 2 of this title, 18
a fine not exceeding $25,000 or imprisonment not exceeding 3 years or both. 19
(c) In addition to any criminal penalties imposed under this section, a person who 20
violates any provision of Subtitle 2 of this title, any rule or regulation adopted under 21
Subtitle 2 of this title, or any term, condition, or limitation of any license or registration 22
issued under Subtitle 2 of this title: 23
(1) Is subject to a civil penalty not exceeding $5,000, in an action in any 24
District Court; and 25
(2) May be enjoined from continuing the violation. 26
(d) Each day on which a violation occurs is a separate violation under this section. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2027. 29