Section 11-302 – Legislative Declaration; Statement of Public Policy
(a) The General Assembly finds and declares that since the distribution and sale through marketing arrangements of petroleum products in the State vitally affect the economy of the State, and its public interest, welfare, and transportation, it is necessary to define the relationships and responsibilities of the parties to certain agreements pertaining to these marketing arrangements. […]
Section 11-303 – Information to Be Given by Distributor to Prospective Dealer
Before any marketing agreement is concluded, a distributor shall disclose fully to a prospective dealer the following information: (1) Any gallonage history of the location under negotiation for the shorter of: (i) The three-year period immediately past; or (ii) The entire period during which the location has been supplied by the distributor; (2) The name, last known address, and […]
Section 11-304 – Marketing Agreement Subject to Certain Provisions
(a) Every marketing agreement is subject to the provisions of this section, whether or not expressly set forth in the agreement. (b) (1) Until midnight of the seventh business day after the day a marketing agreement is signed or entered into, the dealer may cancel it by giving written notice of cancellation to the distributor in person or […]
Section 11-305 – Defenses to Action Based on Termination or Cancellation of Marketing Agreement
Subject to the notice requirements of § 11-306 of this subtitle, in any action filed under this subtitle which is based on a termination or cancellation of a marketing agreement, it is a defense that the marketing agreement was terminated or canceled: (1) By mutual agreement of the parties, provided however, that the mutual agreement is […]
Section 11-306 – Notice of Intent Required to Raise Defenses
(a) A party to a marketing agreement may not raise any defense set out in § 11-305 of this subtitle unless he gives written notice to the other party of his intent to terminate or cancel the agreement. This notice shall be given in person or by registered or certified mail at least 60 days before […]
Section 11-307 – Remedies
Any person who violates any provision of this subtitle is liable for damages caused by the violation and is subject to the other legal or equitable remedies available to the party injured by the violation.
Section 11-308 – Short Title
This subtitle may be cited as the Maryland Gasohol and Gasoline Products Marketing Act.
Section 11-402 – Exceptions
This subtitle does not apply to an advertisement, offer to sell, retail sale, or wholesale sale, if the merchandise: (1) Is sold in a bona fide clearance sale and is so advertised and marked; (2) Must be sold promptly in order to prevent loss; (3) Is imperfect, damaged, or being discontinued and is so advertised and marked; (4) Is […]
Section 11-106 – Assurance of Discontinuance of Prohibited Act
(a) In enforcing this subtitle, the Attorney General may accept an assurance of discontinuance of an act or practice considered in violation of this subtitle from any person engaged in the act or practice. (b) The assurance of discontinuance shall be in writing and filed with and subject to the approval of the court of the county […]
Section 11-207 – Criminal Proceedings
(a) The Attorney General shall investigate suspected criminal violations of this subtitle and may require assistance from any State’s Attorney for that purpose. (b) The Attorney General shall commence and try all prosecutions under this subtitle with the State’s Attorney for the county where the prosecution is brought. (c) With respect to the commencement and trial of the […]