reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3 - License to Sell Cigarettes at Retail in Counties › Section 16-302 - Applications for Licenses

(a)    For each county license, an applicant shall:
(1)    submit an application to the clerk; and
(2)    pay to the clerk a license fee of:
(i)    $25 in a county other than Cecil County or Montgomery County;
(ii)    $50 in Cecil County; or
(iii)    $125 in Montgomery County.
(b)    (1)    From each license fee collected under subsection (a) of this section, the Clerk of the Circuit Court for Montgomery County shall distribute:
(i)    $25 to the Executive Director; and
(ii)    $100 to Montgomery County to be used to enforce existing laws banning the sale or distribution of tobacco or tobacco products to individuals under the age of 21 years.
(2)    Funds distributed under paragraph (1)(ii) of this subsection may not be used to supplant existing funding for the enforcement of laws banning the sale or distribution of tobacco or tobacco products to individuals under the age of 21 years.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3 - License to Sell Cigarettes at Retail in Counties › Section 16-305 - Display of License

A county licensee shall display the county license in a conspicuous place:
(1)    in the place of business for which it is issued; or
(2)    on the premises where the machine is located, if the licensee sells cigarettes through a vending machine.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3 - License to Sell Cigarettes at Retail in Counties › Section 16-306 - Denials, Reprimands, Suspensions, and Revocations -- Grounds

Subject to the hearing provisions of § 16–307 of this subtitle, the Executive Director may deny a county license to an applicant, reprimand a county licensee, or suspend or revoke a county license if the applicant or licensee:
(1)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person;
(2)    fraudulently or deceptively uses a license;
(3)    violates § 16–308.1 of this subtitle; or
(4)    fails to comply with the Maryland Cigarette Sales Below Cost Act and regulations adopted under it.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3 - License to Sell Cigarettes at Retail in Counties › Section 16-307 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in § 10–226 of the State Government Article, before the Executive Director takes any final action under § 16–306 of this subtitle, the Executive Director shall give the person against whom the action is contemplated an opportunity for a hearing before the Executive Director.
(b)    The Executive Director shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Executive Director may administer oaths in a proceeding under this section.
(d)    The person against whom the action is contemplated may be represented at the hearing by counsel.
(e)    If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Executive Director may hear and determine the matter.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3 - License to Sell Cigarettes at Retail in Counties › Section 16-308.1 - Selling Certain Types of Herbal Incense or Potpourri Prohibited

(a)    A person who holds a county license may not sell herbal incense or potpourri that includes a noncontrolled substance with a chemical structure that is substantially similar to the chemical structure of a controlled dangerous substance as defined in § 5–101 of the Criminal Law Article.
(b)    Authorized employees of the Field Enforcement Division of the Executive Director’s Office may enforce the provisions of subsection (a) of this section.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3 - License to Sell Cigarettes at Retail in Counties › Section 16-308.2 - Sale of Unpackaged Cigarette

(a)    In this section, “unpackaged cigarette” means any cigarette not contained in a sealed package of 20 or more cigarettes that are designed and intended to be sold as a unit.
(b)    This section applies only in Baltimore City.
(c)    A person who holds a county license may not sell an unpackaged cigarette.
(d)    (1)    An enforcement officer of the Tobacco Use Prevention and Cessation Program in the Baltimore City Health Department may enforce this section by entering and inspecting, at a reasonable time, the premises of a county license holder.
(2)    An enforcement officer shall report a violation of this section to a State’s Attorney.
(e)    Issuance of a citation by the Comptroller for a violation of § 16–215 of this title precludes a prosecution for a violation under this section arising out of the same incident.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3 - License to Sell Cigarettes at Retail in Counties › Section 16-308.3 - Unannounced Inspections

(a)    The Maryland Department of Health may conduct unannounced inspections of a licensed retailer to ensure the licensee’s compliance with the provisions of this title and § 10–107 of the Criminal Law Article.
(b)    The Maryland Department of Health may use an individual under the age of 21 years to assist in conducting an inspection under this section.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3 - License to Sell Cigarettes at Retail in Counties › Section 16-309 - Penalty

(a)    Except as provided in subsection (b) of this section, a person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $100.
(b)    A person who violates § 16–308.1 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(1)    except as provided in items (2) and (3) of this subsection, $300;
(2)    for a second violation occurring within 2 years after the first violation, $1,000; and
(3)    for a third or subsequent violation occurring within 2 years after the preceding violation, $3,000.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3A - Tobacco Product Vending Machines › Section 16-3A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Owner” means the person that owns or operates an establishment in which a vending machine is located.
(c)    (1)    “Tobacco product” means any product that is:
(i)    intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains:
1.    tobacco; or
2.    nicotine; or
(ii)    an accessory or a component used in any manner of consumption of a product described in item (i) of this paragraph.
(2)    “Tobacco product” includes:
(i)    cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus;
(ii)    electronic smoking devices; and
(iii)    filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content.
(3)    “Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.
(d)    “Vending machine” means any mechanical, electronic, or similar self–service device that on insertion of a coin, coins, token, or other similar means dispenses a tobacco product.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3A - Tobacco Product Vending Machines › Section 16-3A-02 - Vending Machines

A person may not sell or dispense or offer to sell or dispense a tobacco product through a vending machine in the State, unless the vending machine is located in an establishment that individuals under the age of 21 years are prohibited by law from entering at any time.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 3B - Miscellaneous Prohibited Act; Penalty › Section 16-3B-01 - Violating Regulation of Executive Director

(a)    A person may not violate a regulation adopted by the Executive Director that applies to a person who sells cigarettes at retail.
(b)    A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine of $100.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 4 - Tobacco Product Manufacturers Escrow Act › Section 16-401 - Legislative Findings and Purpose

(a)    Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The United States Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco–related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
(b)    Cigarette smoking also presents serious financial concerns for the State. Under certain health care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive the medical assistance.
(c)    Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.
(d)    It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.
(e)    On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement”, with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described in the Agreement, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.
(f)    (1)    It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short–term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably.
(2)    It is thus in the interest of the State to require such tobacco product manufacturers to establish a reserve fund to guarantee a source of compensation in order to prevent them from deriving large, short–term profits and then becoming judgment–proof before liability may arise.
2023 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)    “Executive Director” includes an agent or employee of the Alcohol and Tobacco Commission responsible for the enforcement of State tobacco laws and regulations.
(g)    “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.
(h)    “Master Settlement Agreement” has the meaning stated in § 16–402(f) of this title (the Escrow Act).
(i)    “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer.
(j)    “Participating manufacturer” has the meaning stated in section II(jj) of the Master Settlement Agreement and all amendments to the Agreement.
(k)    “Qualified escrow fund” has the meaning stated in § 16–402(g) of this title (the Escrow Act).
(l)    “Tobacco product manufacturer” has the meaning stated in § 16–402(j) of this title (the Escrow Act).
(m)    “Units sold” has the meaning stated in § 16–402(k) of this title (the Escrow Act).
2023 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.
2023 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.
2023 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.
2023 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 and the Executive Director any information received under this subtitle and requested by the Attorney General or the Executive Director for purposes of determining compliance with and enforcement of the provisions of this subtitle.
(2)    The Comptroller, the Attorney General, and the Executive Director 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, the Attorney General, or the Executive Director 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.
2023 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 Executive Director 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 Executive Director 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 or the Executive Director, 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.
2023 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, the Comptroller, and the Executive Director may adopt regulations to carry out 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.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 6 - Fire Safety Performance Standard for Cigarettes › Section 16-601 - Definitions [Subtitle Subject to Contingent Abrogation]

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Cigarette” has the meaning stated in § 16–101 of this title.
(c)    “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.
(d)    “Manufacturer” has the meaning stated in § 16–201 of this title.
(e)    “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.
(f)    “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory fall 95% of the time.
(g)    “Retailer” has the meaning stated in § 16–201 of this title.
(h)    (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.
(i)    “Subwholesaler” has the meaning stated in § 16–201 of this title.
(j)    “Vending machine operator” has the meaning stated in § 16–201 of this title.
(k)    “Wholesaler” has the meaning stated in § 16–201 of this title.
2023 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 Executive Director, 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 Executive Director or the Attorney General for the purpose of enforcing the provisions of this title.
2023 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 Executive Director 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 State Fire Prevention Commission for purposes consistent with this subtitle; and
(2)    the Executive Director 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.
2023 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 Executive Director.
(2)    (i)    The Executive Director shall approve a marking specified in subsection (b)(1) of this section.
(ii)    A marking is deemed approved if the Executive Director 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 Executive Director shall be applied uniformly on all brands marketed and on all packages, including packs, cartons, and cases marketed by that manufacturer.
2023 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 Executive Director or designee of the Executive Director to inspect the markings on cigarette packaging at any time.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 6 - Fire Safety Performance Standard for Cigarettes › Section 16-606 - Noncomplying Cigarettes Deemed Contraband [Subtitle Subject to Contingent Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **
Any cigarettes sold or offered for sale in the State that do not comply with the performance standard required by § 16–602 of this subtitle are deemed to be contraband and subject to §§ 13–836, 13–837, and 13–839 of the Tax – General Article.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 6 - Fire Safety Performance Standard for Cigarettes › Section 16-607 - Regulations [Subtitle Subject to Contingent Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **
The Executive Director:
(1)    may adopt regulations necessary to carry out and administer this subtitle;
(2)    in consultation with the State Fire Prevention Commission, may adopt regulations for the conduct of random inspections of retailers, subwholesalers, vending machine operators, and wholesalers to ensure compliance with this subtitle; and
(3)    may establish a $250 fee for each certification required under § 16–603 of this subtitle to cover the expenses of administering this subtitle.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 6 - Fire Safety Performance Standard for Cigarettes › Section 16-608 - Violations; Penalties [Subtitle Subject to Contingent Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **
(a)    (1)    A manufacturer or other person that knowingly sells or offers for sale cigarettes other than by retail sale in violation of § 16–602 of this subtitle is subject to a civil penalty not to exceed $100 for each package of cigarettes sold or offered for sale.
(2)    Under this subsection, a total amount of civil penalties imposed on a manufacturer or other person may not exceed $100,000 during any 30–day period.
(b)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, a retailer, subwholesaler, wholesaler, or other person that knowingly sells cigarettes in violation of § 16–602 of this subtitle is subject to a civil penalty not to exceed $100 for each package of cigarettes sold.
(2)    Under this subsection, a total amount of civil penalties imposed on a retailer may not exceed $25,000 during any 30–day period.
(3)    Under this subsection, a total amount of civil penalties imposed on a subwholesaler, wholesaler, or other person may not exceed $100,000 during any  30–day period.
(c)    A manufacturer that knowingly makes a false certification under § 16–603 of this subtitle is subject to a civil penalty of at least $75,000 and not exceeding $250,000 for each false certification.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 6 - Fire Safety Performance Standard for Cigarettes › Section 16-609 - Enforcement [Subtitle Subject to Contingent Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **
(a)    To enforce this subtitle:
(1)    the Attorney General may bring an action to enjoin any acts in violation of this subtitle and to recover civil penalties authorized under § 16–608 of this subtitle; or
(2)    the Attorney General or the Executive Director may examine the books, papers, invoices, and records of a person in possession, control, or occupancy of a building, structure, or land where cigarettes are placed, stored, sold, or offered for sale.
(b)    Money collected from civil penalties recovered under this section shall be distributed to the Senator William H. Amoss Fire, Rescue, and Ambulance Fund.
2023 Maryland Statutes › Business Regulation › Title 16 - Cigarettes › Subtitle 6 - Fire Safety Performance Standard for Cigarettes › Section 16-610 - Seizure, Destruction, and Inspection of Noncomplying Cigarettes [Subtitle Subject to Contingent Abrogation]

** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **
(a)    A police officer or other authorized personnel as determined by regulations may seize cigarettes in the possession of a retailer, subwholesaler, vending machine operator, or wholesaler that have not been marked in accordance with § 16–604 of this subtitle.
(b)    (1)    Subject to paragraph (2) of this subsection, cigarettes seized under this section shall be destroyed.
(2)    The true holder of the trademark rights in the cigarette brand shall be provided the opportunity to inspect any cigarettes seized under this section before the cigarettes are destroyed.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 1 - Definitions; General Provisions › Section 16.5-103 - Applicability of Subtitle

Notwithstanding any other provision of this title, this title does not apply to a seller located outside the State when selling, holding for sale, shipping, or delivering premium cigars or pipe tobacco to consumers in the State.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-201 - License Required; Exceptions

(a)    Except as provided in subsection (b) of this section, a person must have an appropriate license whenever the person acts as a licensed other tobacco products manufacturer, a licensed other tobacco products retailer, a licensed other tobacco products storage warehouse, a licensed other tobacco products wholesaler, or a licensed tobacconist in the State.
(b)    A person need not obtain an other tobacco products retailer license under this subtitle to act as a retailer at a vending stand operated under a trader’s license issued to Blind Industries and Services of Maryland.
(c)    A license to act as an other tobacco products retailer or a tobacconist is required for each place of business where a person acts as an other tobacco products retailer or a tobacconist.
(d)    (1)    An other tobacco products manufacturer, or person connected with the business of an other tobacco products manufacturer or related by ownership, may not at the same time hold or have any financial interest in an other tobacco products wholesaler license or in any business of an other tobacco products wholesaler.
(2)    A person licensed as an other tobacco products wholesaler, or person connected with the business of a licensed other tobacco products wholesaler or related by ownership, may not at the same time hold or have any financial interest in an other tobacco products manufacturer license or in any business of an other tobacco products manufacturer.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-202 - Established Place of Business

(a)    An applicant for a license to act as a licensed other tobacco products manufacturer shall maintain in the State an established place of business for the manufacture and storage of other tobacco products.
(b)    An applicant for a license to act as an other tobacco products storage warehouse shall maintain an established place of business for storage of other tobacco products on which the tobacco tax has not been paid.
(c)    An applicant for a license to act as an other tobacco products wholesaler shall maintain:
(1)    an established place of business, including warehouse facilities, for the sale of other tobacco products; and
(2)    necessary equipment and vehicles for the storage and distribution of other tobacco products.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-203 - Requirements of Applicants

(a)    An applicant for a license to act as a licensed other tobacco products manufacturer shall:
(1)    submit an application to the Executive Director on the form and containing the information that the Executive Director requires; and
(2)    pay to the Executive Director a fee of $25.
(b)    (1)    An applicant for a license to act as an other tobacco products retailer or a tobacconist:
(i)    shall obtain a county license by submitting to the clerk an application for each permanent or temporary place of business located in the same enclosure and operated by the same applicant; and
(ii)    except as provided in paragraph (2) of this subsection, shall pay to the clerk a fee of $15.
(2)    A person who has a license issued under Title 16 of this article to act as a cigarette retailer or to act as a special cigarette retailer is not required to pay the license fee.
(3)    The application shall:
(i)    be made on the form that the clerk requires; and
(ii)    contain the information that the Executive Director requires.
(c)    An applicant for a license to act as an other tobacco products storage warehouse shall:
(1)    submit an application to the Executive Director on the form and containing the information that the Executive Director requires; and
(2)    pay to the Executive Director a fee of $25.
(d)    (1)    An applicant for a license to act as an other tobacco products wholesaler shall:
(i)    submit an application to the Executive Director on the form and containing the information that the Executive Director requires; and
(ii)    except as provided in paragraph (2) of this subsection, pay to the Executive Director a fee of $250.
(2)    A person who has a license issued under Title 16 of this article to act as a cigarette wholesaler or to act as a cigarette subwholesaler is not required to pay the license fee.
(e)    A licensee shall display a license in the way that the Executive Director requires by regulation.
(f)    If a person has had a license revoked under § 16.5–208 of this subtitle, the person may not reapply for a license within 1 year after the date when the prior license was revoked.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-204 - Issuance of License

(a)    The Executive Director shall issue an appropriate license to each applicant who meets the requirements of this subtitle for a license to act as a licensed other tobacco products manufacturer, other tobacco products storage warehouse, or other tobacco products wholesaler.
(b)    The clerk of the circuit court shall issue to each applicant who meets the requirements of this subtitle a license to act as an other tobacco products retailer or a tobacconist.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-206 - Term and Renewal of License

(a)    Unless a license is renewed for a 1–year term as provided in this section, the license expires on the first April 30 after its effective date.
(b)    At least 1 month before a license issued under this subtitle expires, the issuing official shall mail to the licensee, at the last known address of the licensee, a renewal notice that states:
(1)    the date on which the current license expires; and
(2)    the date by which the issuing official must receive the renewal application for the renewal to be issued and mailed before the license expires.
(c)    Before a license issued under this subtitle expires, the licensee may renew it for an additional 1–year term, if the licensee:
(1)    otherwise is entitled to be licensed;
(2)    submits to the issuing official a renewal application on the form that the issuing official requires; and
(3)    pays to the issuing official the license fee required under § 16.5–203 of this subtitle.
(d)    The issuing official shall renew the license of each licensee who meets the requirements of this section.
2023 Maryland Statutes › Business Regulation › Title 16.5 - Other Tobacco Products Licenses › Subtitle 2 - Other Tobacco Products Licenses › Section 16.5-207 - Assignment, Transfer, Surrender of License

(a)    (1)    A licensed other tobacco products retailer or a licensed tobacconist may not assign the license.
(2)    If a licensed other tobacco products wholesaler sells the licensee’s other tobacco products business and pays to the Executive Director a license assignment fee of $10, the licensee may assign the license to the buyer of the business, if the buyer otherwise qualifies under this title for an other tobacco products wholesaler’s license.
(b)    If the other tobacco products business of a licensee is transferred because of bankruptcy, death, incompetency, receivership, or otherwise by operation of law, the Executive Director shall transfer the license without charge to the new owner of the licensee’s business, if the transferee otherwise qualifies under this title for the license being transferred.
(c)    (1)    If a licensed other tobacco products wholesaler surrenders the license to the Executive Director and if no disciplinary proceedings are pending against the licensee, the Executive Director shall refund a pro rata part of the license fee for the unexpired term of the license.
(2)    A licensed other tobacco products retailer or a licensed tobacconist is not allowed a refund for the unexpired term of the license.