WHAT THIS BILL REGULATES · 9 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(A)–(I) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (B) "ADAPTIVE CONTENTAdaptive content"Adaptive content" means content or responses generated or modified using artificial intelligence that change based on user input, stored data, or behavioral patterns.Md. Code, Com. Law § 14-5101(B)" MEANS CONTENT OR RESPONSES GENERATED OR MODIFIED USING ARTIFICIAL INTELLIGENCE THAT CHANGE BASED ON USER INPUT, STORED DATA, OR BEHAVIORAL PATTERNS. (C) "ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C)" MEANS ANY TOY, DEVICE, OR PRODUCT SOLD TO A CONSUMER IN THE STATE THAT: (1) EMPLOYS ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, ADAPTIVE ALGORITHMS, CONVERSATIONAL ARTIFICIAL INTELLIGENCE, BEHAVIORAL MODELING, OR SIMILAR COMPUTATIONAL PROCESSES; AND (2) IS MARKETED AND SOLD TO, OR PRIMARILY USED BY, A CHILD. (D) (1) "CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D)" MEANS INFORMATION COLLECTED OR INFERRED FROM A CHILD'S INTERACTION WITH AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C). (2) "CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D)" INCLUDES AUDIO, VIDEO, GEOLOCATION, BIOMETRIC DATA, TEXT, BEHAVIORAL PATTERNS, AND RECORDED SPEECH. (E) "CORE FUNCTIONALITYCore functionality"Core functionality" means the features of an artificial intelligence toy that have been designed and marketed for use by a child.Md. Code, Com. Law § 14-5101(E)" MEANS THE FEATURES OF AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) THAT HAVE BEEN DESIGNED AND MARKETED FOR USE BY A CHILD. (F) "MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F)" MEANS A PERSON ENGAGED IN THE PRODUCTION, DISTRIBUTION, IMPORTATION, OR SALE OF AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) IN THE STATE. (G) "PARENTAL CONSENTParental consent"Parental consent" means verified permission from the parent or legal guardian of a child.Md. Code, Com. Law § 14-5101(G)" MEANS VERIFIED PERMISSION FROM THE PARENT OR LEGAL GUARDIAN OF A CHILD. (H) "REVIEW PANELReview Panel"Review Panel" means the Child Artificial Intelligence Toy Safety Review Panel.Md. Code, Com. Law § 14-5101(H)" MEANS THE CHILD ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) SAFETY REVIEW PANELReview Panel"Review Panel" means the Child Artificial Intelligence Toy Safety Review Panel.Md. Code, Com. Law § 14-5101(H). (I) (1) "SAFE MODESafe mode"Safe mode" means an automatic security feature that locks or disables an artificial intelligence toy or features on the artificial intelligence toy. "Safe mode" includes automatically shutting down, resetting, redirecting, or locking the artificial intelligence toy.Md. Code, Com. Law § 14-5101(I)" MEANS AN AUTOMATIC SECURITY FEATURE THAT LOCKS OR DISABLES AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) OR FEATURES ON THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C). (2) "SAFE MODESafe mode"Safe mode" means an automatic security feature that locks or disables an artificial intelligence toy or features on the artificial intelligence toy. "Safe mode" includes automatically shutting down, resetting, redirecting, or locking the artificial intelligence toy.Md. Code, Com. Law § 14-5101(I)" INCLUDES AUTOMATICALLY SHUTTING DOWN, RESETTING, REDIRECTING, OR LOCKING THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C).
This section establishes the defined terms used throughout the Artificial Intelligence Toy Safety Act. The definition of artificial intelligence toy is notably broad, capturing any toy, device, or product employing AI, machine learning, adaptive algorithms, conversational AI, behavioral modeling, or similar computational processes that is marketed and sold to, or primarily used by, a child. Manufacturer extends beyond producers to include distributors, importers, and sellers. Child user data is broadly defined to include audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.
(A)(1)–(2) 1 AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) PRODUCED, DISTRIBUTED, IMPORTED, OR SOLD IN THE STATE MAY NOT: (1) GENERATE, DISPLAY, OR COMMUNICATE CONTENT THAT: (I) IS SEXUAL, VIOLENT, DISCRIMINATORY, OR OTHERWISE INAPPROPRIATE FOR A CHILD; (II) IS EMOTIONALLY MANIPULATIVE, INCLUDING BY ENCOURAGING ISOLATION, SECRECY, OVERDEPENDENCE, OR EMOTIONAL RELIANCE ON THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C); (III) PROVIDES INSTRUCTION, ENCOURAGEMENT, OR ADVICE ABOUT CRIMINAL ACTIVITY, SELF–HARM, SUBSTANCE USE, OR SEXUAL BEHAVIOR; OR (IV) INFERS, RECORDS, OR CATEGORIZES DEMOGRAPHIC OR OTHER PERSONAL ATTRIBUTES OF A CHILD, INCLUDING RACE, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY, OR POLITICAL AFFILIATION; OR (2) ENCOURAGE A CHILD TO INTERACT WITH THIRD–PARTY ONLINE SYSTEMS, INCLUDING WEBSITES, APPLICATIONS, OR OTHER ONLINE DEVICES.
(B)(1)–(6) 2 AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) PRODUCED, DISTRIBUTED, IMPORTED, OR SOLD IN THE STATE SHALL INCLUDE: (1) A MECHANISM FOR EASILY OBTAINING AND REVOKING PARENTAL CONSENTParental consent"Parental consent" means verified permission from the parent or legal guardian of a child.Md. Code, Com. Law § 14-5101(G); (2) A MECHANISM THAT DISABLES ARTIFICIAL INTELLIGENCE FEATURES AND DATA COLLECTION FUNCTIONS IF PARENTAL CONSENTParental consent"Parental consent" means verified permission from the parent or legal guardian of a child.Md. Code, Com. Law § 14-5101(G) IS NOT OBTAINED OR IS REVOKED; (3) AGE–APPROPRIATE CONVERSATIONAL FILTERS TO BLOCK HARMFUL OR INAPPROPRIATE DIALOGUE; (4) CONTENT–MODERATION MECHANISMS THAT PREVENT THE OUTPUT OF CONTENT PROHIBITED UNDER SUBSECTION (A) OF THIS SECTION; (5) AN AUTOMATIC SAFE MODESafe mode"Safe mode" means an automatic security feature that locks or disables an artificial intelligence toy or features on the artificial intelligence toy. "Safe mode" includes automatically shutting down, resetting, redirecting, or locking the artificial intelligence toy.Md. Code, Com. Law § 14-5101(I) THAT IS ACTIVATED WHEN THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) RECEIVES POTENTIALLY HARMFUL, UNKNOWN, OR PROHIBITED INPUTS; AND (6) THE CAPABILITY TO SECURELY UPDATE SOFTWARE OR FIRMWARE TO ADDRESS VULNERABILITIES OR IMPROVE SAFETY.
This section imposes two categories of requirements on artificial intelligence toys sold in Maryland. Subsection (A) prohibits the toy from generating content that is sexual, violent, discriminatory, emotionally manipulative, instructive of harmful activities, or that infers sensitive personal attributes of a child — and from encouraging interaction with third-party online systems. Subsection (B) mandates a suite of built-in safety and parental-control features, including a parental consent mechanism, automatic disabling of AI features absent consent, age-appropriate conversational filters, content-moderation mechanisms, an automatic safe mode triggered by harmful inputs, and the capability for secure software updates.
(A)–(C) 3 A MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) SHALL CONDUCT A CHILD ARTIFICIAL INTELLIGENCE SAFETY ASSESSMENT FOR EACH ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) PRODUCED, DISTRIBUTED, IMPORTED, OR SOLD IN THE STATE THAT: (1) DESCRIBES FORESEEABLE RISKS OF OPERATING THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C); AND (2) OUTLINES THE MITIGATION STRATEGIES FOR THE FORESEEABLE RISKS IDENTIFIED UNDER ITEM (1) OF THIS SUBSECTION. (B) AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) SAFETY ASSESSMENT SHALL BE CONDUCTED: (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, BEFORE MARKETING OR SELLING AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) IN THE STATE; (2) ON AN ANNUAL BASIS FOR EACH ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) CONTINUING TO BE MARKETED OR SOLD IN THE STATE; AND (3) FOLLOWING ANY SIGNIFICANT CHANGE MADE TO THE ARTIFICIAL INTELLIGENCE FEATURES OF AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C). (C) AN INITIAL ARTIFICIAL INTELLIGENCE SAFETY ASSESSMENT OF AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) SOLD OR MARKETED IN THE STATE ON OR BEFORE JULY 1, 2026, SHALL BE CONDUCTED NOT LATER THAN JANUARY 1, 2027.
This section requires manufacturers to conduct a formal child artificial intelligence safety assessment for each AI toy before it is marketed or sold in Maryland. The assessment must describe foreseeable risks and outline mitigation strategies. The obligation recurs annually for toys that remain on the market and following any significant change to the toy's AI features. A transitional provision gives manufacturers of toys already on the market before July 1, 2026, until January 1, 2027, to complete an initial assessment.
(A)(1)–(2) 4 SUBJECT TO SUBSECTION (B) OF THIS SECTION, A MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) MAY ONLY COLLECT THE MINIMUM CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D) NECESSARY FOR THE OPERATION OF THE CORE FUNCTIONALITY OF AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C). (2) CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D) COLLECTED BY A MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) SHALL BE ENCRYPTED.
(B)(1)–(4) 5 AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) MAY NOT: (1) SELL, LEASE, OR OTHERWISE TRANSFER CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D) TO A THIRD PARTY; (2) USE CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D) TO TRAIN UNRELATED ARTIFICIAL INTELLIGENCE MODELS OR SYSTEMS; (3) USE CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D) FOR TARGETED ADVERTISING; OR (4) RETAIN CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D) FOR MORE THAN 12 MONTHS UNLESS THE MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) OBTAINS RENEWED PARENTAL CONSENTParental consent"Parental consent" means verified permission from the parent or legal guardian of a child.Md. Code, Com. Law § 14-5101(G).
(C)(1)–(2) 6 A MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) SHALL ENSURE THAT THE PARENT OR LEGAL GUARDIAN OF A CHILD USER OF AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) HAS THE ABILITY TO: (1) EASILY ACCESS, REVIEW, DOWNLOAD, AND DELETE ALL CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D) COLLECTED BY AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C); AND (2) EASILY DISABLE CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D) COLLECTION WITHOUT DISABLING THE CORE FUNCTIONALITY OF THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C).
(D) 7 IF A DATA BREACH OR SUSPECTED DATA BREACH INVOLVING CHILD USER DATAChild user data"Child user data" means information collected or inferred from a child's interaction with an artificial intelligence toy. "Child user data" includes audio, video, geolocation, biometric data, text, behavioral patterns, and recorded speech.Md. Code, Com. Law § 14-5101(D) OCCURS, A MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) SHALL NOTIFY EACH READILY IDENTIFIABLE PARENT OR GUARDIAN OF A CHILD ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) USER WITHIN 48 HOURS AFTER THE MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) DISCOVERING THE DATA BREACH OR SUSPECTED DATA BREACH.
This section imposes strict data minimization and use restrictions on child user data collected by AI toys. Manufacturers may collect only the minimum data necessary for core functionality, must encrypt all collected data, and face categorical prohibitions on selling, leasing, or transferring child user data to third parties, using it to train unrelated AI models, or using it for targeted advertising. Data retention is capped at 12 months unless renewed parental consent is obtained. Parents and guardians must be given tools to access, review, download, and delete child data and to disable data collection without losing core toy functionality. The section also imposes a 48-hour data-breach notification requirement to parents and guardians.
(A)(1)–(2) 8 AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) SOLD OR DISTRIBUTED IN THE STATE SHALL INCLUDE A CLEAR AND CONSPICUOUS LABEL: (1) STATING THAT THE PRODUCT USES ARTIFICIAL INTELLIGENCE; AND (2) DIRECTLY OR THROUGH THE USE OF A QUICK RESPONSE CODE: (I) IDENTIFYING ANY TYPE OF DATA COLLECTED BY THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C); AND (II) IF INTERACTIONS WITH THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) ARE STORED, TRANSMITTED, OR USED TO GENERATE ADAPTIVE CONTENTAdaptive content"Adaptive content" means content or responses generated or modified using artificial intelligence that change based on user input, stored data, or behavioral patterns.Md. Code, Com. Law § 14-5101(B), PROVIDING INFORMATION ON HOW THE INTERACTIONS ARE STORED, TRANSMITTED, OR USED.
(B)(1)–(4) 9 A MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) THAT PRODUCES, DISTRIBUTES, IMPORTS, OR SELLS AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) IN THE STATE SHALL MAKE PUBLICLY AVAILABLE AN EASILY ACCESSIBLE ARTIFICIAL INTELLIGENCE SAFETY SUMMARY REPORT USING PLAIN, EASILY UNDERSTANDABLE LANGUAGE IDENTIFYING: (1) THE AGE RANGE THAT THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) IS INTENDED FOR; (2) RISKS IDENTIFIED IN THE USE OF THE ARTIFICIAL INTELLIGENCE SAFETY ASSESSMENT COMPLETED UNDER § 14–5103 OF THIS SUBTITLE; (3) THE RESULTS OF ANY TESTING OF THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C); AND (4) DIRECTIONS THAT THE PARENT OR GUARDIAN OF A CHILD USER MAY USE TO CONTROL OR LIMIT DATA COLLECTION OR ADAPTIVE BEHAVIORS.
This section imposes two distinct transparency requirements. First, every AI toy sold or distributed in Maryland must carry a clear and conspicuous label stating it uses AI, identifying the types of data collected, and — if interactions are stored, transmitted, or used for adaptive content — disclosing how those interactions are handled. QR codes are an acceptable delivery mechanism. Second, manufacturers must publish a publicly accessible, plain-language AI safety summary report identifying the intended age range, risks from the safety assessment, testing results, and directions for parents to control data collection or adaptive behaviors.
(1) 10 MARKET OR ADVERTISE AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) AS AN EMOTIONAL COMPANION, PARENTAL SUBSTITUTE, OR PSYCHOLOGICAL COUNSELOR;
(2)–(3) 11 USE A RECORDING OF OR GENERATED CONTENT FROM CHILD INTERACTIONS WITH THE ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) IN ANY MARKETING OR PROMOTIONAL MATERIALS WITHOUT OBTAINING EXPRESS PARENTAL CONSENTParental consent"Parental consent" means verified permission from the parent or legal guardian of a child.Md. Code, Com. Law § 14-5101(G); OR (3) USE DATA COLLECTED FROM A CHILD USER OF AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) TO DEVELOP AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) ADVERTISEMENT TARGETED AT CHILDREN.
This section imposes three categorical marketing prohibitions. Manufacturers may not market or advertise an AI toy as an emotional companion, parental substitute, or psychological counselor — a restriction that directly targets anthropomorphic positioning of AI products for children. Additionally, manufacturers may not use recordings of or generated content from child interactions in marketing or promotional materials without express parental consent, and may not use child user data to develop child-targeted AI toy advertisements.
(A) THERE IS AN ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) SAFETY REVIEW PANELReview Panel"Review Panel" means the Child Artificial Intelligence Toy Safety Review Panel.Md. Code, Com. Law § 14-5101(H) IN THE CONSUMER PROTECTION DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL.
(B)(1)–(2) 12 THE REVIEW PANELReview Panel"Review Panel" means the Child Artificial Intelligence Toy Safety Review Panel.Md. Code, Com. Law § 14-5101(H) SHALL: (I) REVIEW MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBTITLE; (II) CONDUCT INDEPENDENT AUDITS OF ANY ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C) MARKETED, SOLD, OR DISTRIBUTED TO CHILDREN IN THE STATE; AND (III) EVALUATE SAFETY STANDARDS AND MAKE RECOMMENDATIONS FOR STATUTORY CHANGES BASED ON INDUSTRY BEST PRACTICES. (2) ON OR BEFORE DECEMBER 1, 2027, AND EACH DECEMBER 1 THEREAFTER, THE REVIEW PANELReview Panel"Review Panel" means the Child Artificial Intelligence Toy Safety Review Panel.Md. Code, Com. Law § 14-5101(H) SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) COMPLIANCE, THE RESULTS OF INDEPENDENT AUDITS, AND POTENTIAL STATUTORY CHANGES.
This section establishes the Artificial Intelligence Toy Safety Review Panel within the Consumer Protection Division of the Office of the Attorney General. The Panel is tasked with reviewing manufacturer compliance, conducting independent audits of AI toys marketed to children in Maryland, and evaluating safety standards with recommendations for statutory changes. Beginning December 1, 2027, the Panel must submit annual reports to the General Assembly covering compliance findings, audit results, and potential legislative amendments. This section imposes obligations on a government body rather than on manufacturers, establishing the state's enforcement and oversight infrastructure.
(A)–(B) 13 A VIOLATION OF THIS SUBTITLE IS: (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN THE MEANING OF TITLE 13 OF THIS ARTICLE; AND (2) SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE. (B) IN ADDITION TO THE PENALTIES UNDER TITLE 13 OF THIS ARTICLE, A MANUFACTURERManufacturer"Manufacturer" means a person engaged in the production, distribution, importation, or sale of an artificial intelligence toy in the State.Md. Code, Com. Law § 14-5101(F) THAT VIOLATES ANY PROVISION OF THIS SUBTITLE IS SUBJECT TO: (1) A CIVIL PENALTY UP TO $50,000 PER VIOLATION; AND (2) A MANDATORY RECALL OF A NONCOMPLIANT ARTIFICIAL INTELLIGENCE TOYArtificial intelligence toy"Artificial intelligence toy" means any toy, device, or product sold to a consumer in the State that: (1) employs artificial intelligence, machine learning, adaptive algorithms, conversational artificial intelligence, behavioral modeling, or similar computational processes; and (2) is marketed and sold to, or primarily used by, a child.Md. Code, Com. Law § 14-5101(C).
This section establishes the enforcement framework. A violation of the subtitle constitutes an unfair, abusive, or deceptive trade practice under the Maryland Consumer Protection Act (Title 13), subjecting manufacturers to the full enforcement and penalty provisions of that title. Beyond those baseline penalties, the section adds a civil penalty of up to $50,000 per violation and mandates a recall of any noncompliant artificial intelligence toy.
(xlix) TITLE 14, SUBTITLE 51 OF THIS ARTICLE; OR
This provision amends the Maryland Consumer Protection Act's enumerated list of unfair, abusive, or deceptive trade practices to add violations of Subtitle 51 (the Artificial Intelligence Toy Safety Act). This is a cross-reference amendment that integrates the new subtitle into the existing enforcement framework rather than creating a new obligation.