reglab/housing_qa huggingface dataset:
MD. Business Regulation Code Ann. §  16-501 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 5 - Escrow Requirements for Nonparticipating Tobacco Product Manufacturers|Section 16-501 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    (1)    “Brand family” means all styles of cigarettes sold under the same trademark, regardless of whether the cigarettes are differentiated from one another by means of additional modifiers or descriptors such as “menthol”, “lights”, “kings”, “100s”, or other differentiation.        (2)    “Brand family” includes any use of a brand name (alone or in conjunction with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.    (c)    “Cigarette” has the meaning stated in § 16–402(e) of this title (the Escrow Act).    (d)    “Comptroller” means the Comptroller of the State or any authorized agent of the Comptroller who is responsible for collection of the excise tax on cigarettes.    (e)    “Escrow Act” means Subtitle 4 of this title.    (f)    “Licensed wholesaler” means a wholesaler who is licensed under Subtitle 2 of this title to act as a wholesaler and any person who is an authorized agent of the licensed wholesaler for the stamping and distribution of cigarettes.    (g)    “Master Settlement Agreement” has the meaning stated in § 16–402(f) of this title (the Escrow Act).    (h)    “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer.    (i)    “Participating manufacturer” has the meaning stated in section II(jj) of the Master Settlement Agreement and all amendments to the Agreement.    (j)    “Qualified escrow fund” has the meaning stated in § 16–402(g) of this title (the Escrow Act).    (k)    “Tobacco product manufacturer” has the meaning stated in § 16–402(j) of this title (the Escrow Act).    (l)    “Units sold” has the meaning stated in § 16–402(k) of this title (the Escrow Act).
MD. Business Regulation Code Ann. §  16-502 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 5 - Escrow Requirements for Nonparticipating Tobacco Product Manufacturers|Section 16-502 - Purpose

    (a)    Violations of the Escrow Act, an act concerning nonparticipating manufacturers and deposits of funds into escrow accounts, threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the State, and the public health.    (b)    Enacting procedural enhancements will help prevent violations and aid the enforcement of the Escrow Act and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the State, and the public health.    (c)    The provisions of this subtitle are not intended to and may not be interpreted to amend the Escrow Act.
MD. Business Regulation Code Ann. §  16-504 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 5 - Escrow Requirements for Nonparticipating Tobacco Product Manufacturers|Section 16-504 - Directory of Certified Manufacturers

    (a)    Except as provided in subsection (b) of this section, the Attorney General shall develop and make available for public inspection a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of § 16-503 of this subtitle and all brand families that are listed in such certifications.    (b)    (1)    The Attorney General may not include or retain in the directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with § 16–503(c)(3) and (d) of this subtitle, unless the Attorney General has determined that the violation has been cured to the satisfaction of the Attorney General.        (2)    Neither a tobacco product manufacturer nor a brand family may be included or retained in the directory if the Attorney General concludes, in the case of a nonparticipating manufacturer, that:            (i)    any escrow payment required under § 16–403(a)(2) of this title (the Escrow Act)  for any period for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or            (ii)    any outstanding final judgment, including interest on the judgment, for a violation of the Escrow Act has not been fully satisfied for the brand family or the manufacturer.        (3)    The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this subtitle.        (4)    Each licensed wholesaler shall provide and update as necessary an electronic mail address to the Attorney General for the purpose of receiving any notifications that may be required by this subtitle.    (c)    A person may not:        (1)    affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory; or        (2)    sell, offer or possess for sale in this State, or import for personal consumption in this State, cigarettes of a tobacco product manufacturer or brand family not included in the directory.
MD. Business Regulation Code Ann. §  16-505 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 5 - Escrow Requirements for Nonparticipating Tobacco Product Manufacturers|Section 16-505 - Appointment of Agent for Service of Process

    (a)    (1)    Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory described in § 16-504 of this subtitle, appoint and continually engage without interruption the services of an agent in the United States to act as an agent for the service of process on the nonresident or foreign nonparticipating manufacturer.        (2)    Any process and any action or proceeding against the nonresident or foreign nonparticipating manufacturer concerning or arising out of the enforcement of this subtitle or the Escrow Act may be served in any manner authorized by law.        (3)    The service of process shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide, to the satisfaction of the Attorney General, the name, address, phone number, and proof of the appointment and availability of the agent to the Attorney General.    (b)    (1)    The nonparticipating manufacturer shall provide:            (i)    notice to the Attorney General at least 30 calendar days prior to termination of the authority of an agent; and            (ii)    proof to the satisfaction of the Attorney General of the appointment of a new agent not less than 5 calendar days prior to the termination of an existing agent appointment.        (2)    If an agent terminates an agency appointment, the nonparticipating manufacturer shall:            (i)    notify the Attorney General of the termination within 5 calendar days; and            (ii)    include proof to the satisfaction of the Attorney General of the appointment of a new agent.
MD. Business Regulation Code Ann. §  16-506 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 5 - Escrow Requirements for Nonparticipating Tobacco Product Manufacturers|Section 16-506 - Submission of Information; Disclosures; Regulations

    (a)    (1)    Not later than 21 days after the end of each calendar quarter, and more frequently if so directed by the Comptroller, each licensed wholesaler shall submit information in the form and manner the Comptroller requires to facilitate compliance with this subtitle, including a list by brand family of the total number of cigarettes, or in the case of roll-your-own cigarettes, the equivalent stick count for which the licensed wholesaler affixed stamps during the previous calendar quarter or otherwise paid the tax due for the cigarettes.        (2)    The licensed wholesaler shall maintain and make available to the Comptroller for a period of 5 years all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied on in reporting to the Comptroller.    (b)    (1)    The Comptroller may disclose to the Attorney General any information received under this subtitle and requested by the Attorney General for purposes of determining compliance with and enforcement of the provisions of this subtitle.        (2)    The Comptroller and the Attorney General shall share with each other the information received under this subtitle and may share the information with other federal, State, or local agencies only for purposes of enforcement of this subtitle, the Escrow Act, or corresponding laws of other states.    (c)    The Attorney General may require at any time from a nonparticipating manufacturer proof, from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with the Escrow Act, of the amount of money in the escrow fund, exclusive of interest, the amount and date of each deposit to the escrow fund, and the amount and date of each withdrawal from the escrow fund.    (d)    In addition to any other information required to be submitted by law, the Comptroller or the Attorney General may require a licensed wholesaler or tobacco product manufacturer to submit any additional information, including samples of the packaging or labeling of each brand family, as is necessary to enable the Attorney General to determine whether a tobacco product manufacturer is in compliance with this subtitle.    (e)    (1)    To promote compliance with this subtitle, the Attorney General may adopt regulations requiring a tobacco product manufacturer subject to the requirements of § 16-503(a) of this subtitle to make the escrow deposits required in quarterly installments during the year in which the sales covered by the deposits are made.        (2)    The Attorney General may require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit.
MD. Business Regulation Code Ann. §  16-507 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 5 - Escrow Requirements for Nonparticipating Tobacco Product Manufacturers|Section 16-507 - Violations; Penalties

    (a)    (1)    In addition to or instead of any other civil or criminal remedy provided by law, on a determination that a licensed wholesaler has violated § 16-504(c) or § 16-506(a) of this subtitle or any regulation adopted under this subtitle, the Comptroller may revoke or suspend the license of any licensed wholesaler in the manner provided under §§ 16-211 and 16-212 of this title.        (2)    Each stamp affixed and each offer to sell cigarettes in violation of § 16-504(c) of this subtitle shall constitute a separate violation.        (3)    The Comptroller may also impose a civil penalty in an amount not to exceed the greater of 500% of the retail value of the cigarettes sold or $5,000 on a determination of violation of § 16-504(c) of this subtitle or any regulations adopted under that section.    (b)    (1)    Any cigarettes that have been sold, offered for sale or possessed for sale in this State, or imported for personal consumption in this State in violation of § 16-504(c) of this subtitle shall be deemed contraband under §§ 13-836, 13-837, and 13-839 of the Tax - General Article, and those cigarettes shall be subject to seizure and forfeiture as provided in those sections.        (2)    All cigarettes seized and forfeited may not be resold and shall be destroyed.    (c)    (1)    The Attorney General, on behalf of the Comptroller, may seek an injunction to restrain a threatened or actual violation of § 16-504(c), § 16-506(a) or § 16-506(d) of this subtitle by a licensed wholesaler and compel the licensed wholesaler to comply with those sections.        (2)    In any action brought under this section, the State shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney’s fees.    (d)    A person who sells, distributes, acquires, holds, owns, possesses, transports, imports, or causes to be imported, cigarettes that the person knows or should know are intended for distribution or sale in the State in violation of § 16-504(c) of this subtitle is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
MD. Business Regulation Code Ann. §  16-508 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 5 - Escrow Requirements for Nonparticipating Tobacco Product Manufacturers|Section 16-508 - Miscellaneous Provisions

    (a)    A determination by the Attorney General to omit or to delete from the directory described in § 16-504 of this subtitle a brand family or tobacco product manufacturer shall be subject to review in accordance with Title 10, Subtitle 2 of the State Government Article.    (b)    The Attorney General and the Comptroller may adopt regulations necessary to effectuate the purposes of this subtitle.    (c)    In any action brought by the State to enforce this subtitle, the State shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney’s fees.    (d)    (1)    If a court determines that a person has violated this subtitle, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be paid to the State Treasurer for deposit into the Cigarette Restitution Fund established under § 7-317 of the State Finance and Procurement Article.        (2)    Unless otherwise expressly provided, the remedies or penalties provided by this subtitle are cumulative to each other, and to the remedies or penalties available under all other laws of this State.
MD. Business Regulation Code Ann. §  16-601 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 6 - Fire Safety Performance Standard for Cigarettes|Section 16-601 - Definitions [Subtitle Subject to Contingent Abrogation]

    ** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Cigarette” has the meaning stated in § 16–101 of this title.    (c)    “Commission” means the State Fire Prevention Commission.    (d)    “Consumer testing” means an assessment of cigarettes that is conducted by a manufacturer or conducted under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarettes by using only the quantity of cigarettes that is reasonably necessary for the assessment.    (e)    “Manufacturer” has the meaning stated in § 16–201 of this title.    (f)    “Quality control and quality assurance program” means laboratory procedures implemented to ensure that:        (1)    operator bias, systematic and nonsystematic methodological errors, and equipment–related problems do not affect the results of the testing; and        (2)    the testing repeatability remains within the required repeatability value for any test trial used to certify cigarettes under this subtitle.    (g)    “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory fall 95% of the time.    (h)    “Retailer” has the meaning stated in § 16–201 of this title.    (i)    (1)    “Sale” means the exchange or transfer, or the agreement to exchange or transfer, title or possession of property in any manner or by any means for consideration.        (2)    “Sale” includes:            (i)    the giving or distribution of cigarettes as samples, prizes, gifts, or in connection with consumer testing; and            (ii)    the exchange of cigarettes for any consideration other than money.    (j)    “Subwholesaler” has the meaning stated in § 16–201 of this title.    (k)    “Vending machine operator” has the meaning stated in § 16–201 of this title.    (l)    “Wholesaler” has the meaning stated in § 16–201 of this title.
MD. Business Regulation Code Ann. §  16-602.1 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 6 - Fire Safety Performance Standard for Cigarettes|Section 16-602.1 - Certification for Cigarettes Sold or Distributed for Consumer Testing [Subtitle Subject to Contingent Abrogation]

    ** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **    (a)    Cigarettes that are sold or distributed for the purpose of consumer testing in a controlled setting in which the cigarettes are either smoked on the site of the testing or returned to the testing administrator at the conclusion of the testing are not subject to the certification requirements of § 16–602 of this subtitle.    (b)    (1)    Except as provided in subsection (c) of this section, cigarettes that are sold or distributed for the purpose of consumer testing in any setting other than a controlled setting as described in subsection (a) of this section are subject to the certification requirements of § 16–602 of this subtitle.        (2)    A manufacturer certification under this subsection may not be subject to § 16–605 of this subtitle.    (c)    (1)    (i)    The manufacturer may submit to the Comptroller, as “confidential under seal”, descriptors for each cigarette sold or distributed for the purpose of consumer testing under subsection (b)(1) of this section.            (ii)    Descriptors shall include brand, style, length, circumference, flavor, and package.        (2)    Notwithstanding any other provision of law, the information submitted in accordance with paragraph (1) of this subsection:            (i)    is not subject to disclosure under State law or discovery in civil litigation; and            (ii)    may be used by the Comptroller or the Attorney General for the purpose of enforcing the provisions of this title.
MD. Business Regulation Code Ann. §  16-603 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 6 - Fire Safety Performance Standard for Cigarettes|Section 16-603 - Certification [Subtitle Subject to Contingent Abrogation]

    ** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **    (a)    (1)    Each manufacturer shall submit to the Comptroller written certification attesting that each cigarette has been tested in accordance with and has met the performance standard required under § 16–602 of this subtitle.        (2)    A certification under paragraph (1) of this subsection may not list more than 50 cigarettes.    (b)    The description of each cigarette listed in the certification shall include:        (1)    the brand or trade name on the package;        (2)    the style, such as light or ultra light;        (3)    the length in millimeters;        (4)    the circumference in millimeters;        (5)    the flavor, such as menthol or chocolate, if applicable;        (6)    whether filtered or nonfiltered;        (7)    a package description, such as a soft pack or box;        (8)    the mark approved in accordance with § 16–604 of this subtitle;        (9)    if different from the manufacturer, the name, address, and telephone number of the laboratory that conducted the test; and        (10)    the date of the testing.    (c)    The certification shall be made available to:        (1)    the Attorney General and the Commission for purposes consistent with this subtitle; and        (2)    the Comptroller for the purpose of ensuring compliance with this section.    (d)    (1)    Each cigarette certified under this section shall be recertified every 3 years.        (2)    If a manufacturer of a cigarette that has been certified under this section makes a change that is likely to  alter the cigarette’s compliance with the performance standard under § 16–602(e) of this subtitle, that cigarette may not be sold in this State until the manufacturer, in accordance with § 16–602 of this subtitle, retests and maintains the proper records of the testing.
MD. Business Regulation Code Ann. §  16-604 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 6 - Fire Safety Performance Standard for Cigarettes|Section 16-604 - Marking of Certified Cigarettes [Subtitle Subject to Contingent Abrogation]

    ** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **    (a)    Cigarettes that have been certified in accordance with § 16–603 of this subtitle shall be marked in accordance with the requirements of this section.    (b)    The marking shall:        (1)    consist of:            (i)    any marking in use and approved for sale in New York under the New York fire safety standards for cigarettes; or            (ii)    the letters “FSC” to signify Fire Standards Compliant;        (2)    be in a font of at least 8 point type; and        (3)    be permanently printed, stamped, engraved, or embossed on the package at or near the area of the UPC code, if present.    (c)    A manufacturer may propose an alternative marking that:        (1)    meets the criteria under subsection (b)(2) and (3) of this section; and        (2)    consists of a visible combination of alphanumeric or symbolic characters or text permanently stamped, engraved, embossed, or printed:            (i)    in conjunction with the UPC code; or            (ii)    on the cigarette pack or cellophane wrap.    (d)    (1)    A manufacturer shall request approval of a proposed marking from the Comptroller.        (2)    (i)    The Comptroller shall approve a marking specified in subsection (b)(1) of this section.            (ii)    A marking is deemed approved if the Comptroller fails to act within 10 business days after receiving a request for approval.        (3)    A manufacturer may not use a modified marking unless the modification has been approved in accordance with this section.        (4)    A manufacturer shall use only one marking on all brands that the manufacturer markets.        (5)    A marking or modified marking approved by the Comptroller shall be applied uniformly on all brands marketed and on all packages, including packs, cartons, and cases marketed by that manufacturer.
MD. Business Regulation Code Ann. §  16-605 (2021)
2021 Maryland Statutes|Business Regulation|Title 16 - Cigarettes|Subtitle 6 - Fire Safety Performance Standard for Cigarettes|Section 16-605 - Certification Provided by Manufacturer to Distributors [Subtitle Subject to Contingent Abrogation]

    ** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **    (a)    The manufacturer shall:        (1)    provide a copy of each certification to each wholesaler to which the manufacturer sells cigarettes; and        (2)    provide sufficient copies of an illustration of the packaging marking approved and used by the manufacturer in accordance with § 16–604 of this subtitle for each retailer, subwholesaler, and vending machine operator that purchases cigarettes from the wholesaler.    (b)    The wholesaler shall provide a copy of the illustration to each retailer, subwholesaler, and vending machine operator to which the wholesaler sells cigarettes.    (c)    Each retailer, subwholesaler, vending machine operator, and wholesaler shall allow the Comptroller or designee of the Comptroller to inspect the markings on cigarette packaging at any time.