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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1004*
HOUSE BILL 1004
J1 6lr2781
By: Delegates Alston, Guzzone, Hill, Kipke, J. Long, Lopez, Martinez, Miller,
Taveras, and White Holland White Holland, Bagnall, Cullison, Hutchinson,
S. Johnson, Kaufman, M. Morgan, Reilly, Rosenberg, Ross, Szeliga, and
Woorman
Introduced and read first time: February 6, 2026
Assigned to: Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2026
CHAPTER ______
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 and 2025 Supplement) 10
BY adding to 11
Article – Health – General 12
Section 21–259.4 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 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
2 HOUSE BILL 1004
21–101. 1
(a) In this title the following words have the meanings indicated. 2
(i) “Food” means: 3
(1) Any substance that is used as food or drink for human beings or as a 4
component of food or drink for human beings; or 5
(2) Chewing gum or any substance that is used as a component of chewing 6
gum. 7
21–259.4. 8
A PERSON MAY NOT MANUF ACTURE, SELL, DELIVER, HOLD, OR OFFER FOR 9
SALE FOOD IN THE STATE THAT CONTAINS: 10
(1) BROMINATED VEGETABLE OIL (CAS NO. 8016–94–2); 11
(2) POTASSIUM BROMATE (CAS NO. 7758–01–2); 12
(3) PROPYLPARABEN (CAS NO. 94–13–3); 13
(4) RED 3 (CAS NO. 16423–68–0); OR 14
(5) ANY OTHER ANY INGREDIENT OR ADDITIVE THAT IS PROHIBITED 15
FOR USE IN FOOD UNDE R REGULATIONS ADOPTE D BY THE U.S. FOOD AND DRUG 16
ADMINISTRATION OR ANY OTHER FEDERAL LAW OR REGULATION. 17
21–1215. 18
(a) This section does not apply to a violation of § 21 –220(b)(4), § 21 –228, or § 19
21–259.3 of this title. 20
(b) A person who violates any provision of Subtitle 2 of this title or any regulation 21
adopted under Subtitle 2 of this title is guilty of a misdemeanor and on conviction is subject 22
to: 23
(1) A fine not exceeding $10,000 or im prisonment not exceeding 1 year or 24
both; or 25
(2) If the person has been convicted once of violating Subtitle 2 of this title, 26
a fine not exceeding $25,000 or imprisonment not exceeding 3 years or both. 27
HOUSE BILL 1004 3
(c) In addition to any criminal penalties imposed under this section, a person who 1
violates any provision of Subtitle 2 of this title, any rule or regulation adopted under 2
Subtitle 2 of this title, or any term, condition, or limitation of any license or registration 3
issued under Subtitle 2 of this title: 4
(1) Is subject to a civil penalty not exceeding $5,000, in an action in any 5
District Court; and 6
(2) May be enjoined from continuing the violation. 7
(d) Each day on which a violation occurs is a separate violation under this section. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
1, 2027. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.