Section 9-2501 - Definitions(a) In this subtitle the following words have the meanings indicated.(b) "Advisory council" means the producer responsibility advisory council established under § 9-2503 of this subtitle.(c) "Local government" means: (d) "Organics recycling" has the meaning stated in § 9-1701 of this title.(e)(1) "Packaging materials" means, regardless of recyclability, any part of a package or container, including material that is used for the containment, protection, handling, delivery, and presentation of a product that is sold, offered for sale, imported, or distributed in the State.(2) "Packaging materials" includes: (i) Primary, secondary, and tertiary packaging intended for the consumer market;(ii) Service packaging designed and intended to be filled at the point of sale, including: 3. Take-out and home delivery food service packaging; and(iii) Beverage containers.(3) "Packaging materials" does not include:(i) Any part of a package or container that is sold or supplied in connection with: 1. A pesticide product regulated by the Federal Insecticide, Fungicide, and Rodenticide Act under 7 U.S.C. § 136 et seq. or any other applicable federal law, rule, or regulation;2. A federally regulated drug, medical device, biologic, diagnostic, or dietary supplement including items intended for animals; or3. A medical product that is required to be sterile or enclosed in packaging with tamper-resistant seals to protect public health, including medical products intended for animals; or(ii) Liquefied petroleum gas containers that are designed to be refilled.(f)(1) "Producer" means a person that:(i) With respect to packaging materials used to directly protect or contain a product sold, offered for sale, or distributed in the State: 1.A. Has legal ownership of the brand of the product under which the product is sold; orB. Is the manufacturer of the product, if the product is sold in packaging materials that lack identification of the brand;2. Is the licensee of the brand or trademark under which the product is sold, whether or not the trademark is registered in the State, if the product is manufactured by a person other than the brand owners; or3. Is the person that imports the product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in the State, if there is no person described in items 1 and 2 of this item; and(ii) With respect to packaging materials used to ship a product to a consumer in the State, is the person that packages and ships the product.(2) "Producer" does not include: (ii) A nonprofit charitable organization;(iii) An entity that manufactures a drug or device authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act;(iv) An entity that generated less than $5,000,000 in gross revenue during the immediately preceding calendar year;(v) An entity that sold, offered for sale, or distributed for sale in the State during the immediately preceding calendar year less than 1 metric ton of packaging materials;(vi)1. An entity that owns or operates a restaurant, food cart, or similar establishment that: A. Is headquartered in the State; andB. Primarily sells to members of the public food that is generally intended to be consumed immediately and without the need for further preparation, either on or off the premises; and2. Is not a producer of food serviceware;(vii) An entity that owns or operates a single retail sales establishment that:1. Has no online sales; and2. Is not supplied or operated as part of a franchise or a chain; or(viii)1. An entity that is licensed under Title 2 of the Alcoholic Beverages and Cannabis Article; and2. Generated less than $10,000,000 in gross revenue during the immediately preceding calendar year; or(ix) An entity that has executed an agreement with another entity, under which the other entity has agreed to assume responsibility under a producer responsibility program for any packaging materials attributable to the first entity.(g) "Producer responsibility organization" means a nonprofit organization that is: (1) Exempt from taxation under § 501(c)(3) of the Internal Revenue Code; and(2) Created by a group of producers to represent the interests of producers under this subtitle.Amended by 2024 Md. Laws, Ch. 382,Sec. 1, eff. 4/25/2024.Added by 2023 Md. Laws, Ch. 465, Sec. 1, eff. 7/1/2023.