Section 11-509 – Applicability of Sales Below Cost Act
Except as specifically provided by § 11-505 of this subtitle with respect to combination sales and concessions, the Maryland Sales Below Cost Act does not apply to the sale of cigarettes.
Section 11-510 – Short Title
This subtitle may be cited as the Maryland Cigarette Sales Below Cost Act.
Section 11-5A-01 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Retailer” has the meaning stated in § 11–501(i) of this title. (c) “Sell” has the meaning stated in § 11–501(j) of this title. (d) “Unpackaged cigarette” means any cigarette not contained in a sealed package of 20 or more cigarettes. (e) “Vending machine operator” has the meaning stated […]
Section 11-5A-02 – Prohibitions
(a) This section does not apply to an individual who produces unpackaged cigarettes for the individual’s consumption by using: (1) A mechanical rolling machine; or (2) A hand rolling device or procedure. (b) Notwithstanding any other provision of law, a retailer or vending machine operator may not purchase from a tobacco product manufacturer or sell, resell, distribute, dispense, or […]
Section 11-5A-03 – Enforcement
(a) The State Comptroller shall enforce this subtitle. (b) The State Comptroller shall: (1) Employ and determine the duties and compensation of the inspectors and other personnel necessary to enforce this subtitle; and (2) Adopt reasonable regulations necessary to effectuate and enforce the provisions of this subtitle.
Section 11-601 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Container” means a liquefied petroleum gas container. (c) “Liquefied petroleum gas” means any material which is composed predominately of any of the following hydrocarbons or mixtures of them: (1) Propane; (2) Propylene; (3) Normal butane; (4) Isobutane; or (5) Butylenes. (d) “Mark” includes any name, initial, or other device. (e) “Marked container” means […]
Section 11-602 – Subtitle Not to Apply to Certain Containers
This subtitle does not apply to any container which has a total capacity of five gallons or less.
Section 11-603 – Unlawful Use of Containers
Unless he is authorized by the owner in writing, a person other than the owner of a container may not: (1) Fill or refill a marked container with liquefied petroleum gas or any other gas or compound; (2) Buy, sell, offer for sale, give, take, loan, deliver, permit to be delivered, or otherwise use, dispose of, or […]
Section 11-604 – Presumptive Evidence of Unlawful Use
Unless taken with the written consent of the owner, each of the following actions by any person, other than the person whose mark is on the container, is presumptive evidence of a violation of this subtitle: (1) Use of a marked container; (2) Possession of a marked container; or (3) Purchase of a marked container for: (i) The sale […]
Section 11-212 – Penalties
Any person who willfully violates any of the provisions of § 11-204(a)(1) or (2) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500,000 or imprisonment not exceeding six months or both.