reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 1 - Foreign Discriminatory Boycotts Act › Section 11-104 - Responsibility to Report Violations

If any violation or possible violation of this subtitle comes to the attention of any officer or any department, board, commission, bureau, division, office or other agency of the Executive Branch of the State government or of any political subdivision of the State, that officer or the chief administrative officer of the department, board, commission, bureau, division, office or other agency, as the case may be, shall submit promptly a written report of the violation or possible violation to the Attorney General. The report shall contain a full statement of the facts and circumstances regarding the violation or possible violation, including the names and addresses of all persons who have or may have knowledge or information with respect to it, and shall be accompanied by copies of any documents pertinent to the violation or possible violation that are in the possession or control of the person making the report.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 1 - Foreign Discriminatory Boycotts Act › Section 11-105 - Production of Documents for Inspection by Attorney General

Except for purposes of a criminal prosecution, if the Attorney General believes that a person is in possession, custody or control of any documents relevant to the subject matter of an investigation of a possible violation of this subtitle, he may demand and obtain the production of these documents in the manner provided for by § 11–205 of this title.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 1 - Foreign Discriminatory Boycotts Act › 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 where the alleged violator resides or has his principal place of business.
(c)    The assurance of discontinuance may not be considered for any purpose as an admission of a violation. However, proof of failure to comply with the assurance of discontinuance is prima facie evidence of a violation of this subtitle.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 1 - Foreign Discriminatory Boycotts Act › Section 11-107 - 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 prosecution, the Attorney General has all the powers and duties vested by law in State’s Attorneys with respect to criminal prosecutions.
(d)    A prosecution for any offense in violation of this subtitle shall be commenced within four years after the offense is committed.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 1 - Foreign Discriminatory Boycotts Act › Section 11-109 - Civil Actions

(a)    (1)    The Attorney General shall institute proceedings in equity to prevent or restrain violations of § 11-103 of this subtitle and may require assistance from any State’s Attorney for that purpose.
(2)    In a proceeding under this section, the court shall determine whether a violation has been committed and enter any judgment or decree necessary to:
(i)    Remove the effects of any violation it finds; and
(ii)    Prevent continuation or renewal of the violation in the future.
(b)    (1)    The United States, the State, and any political subdivision organized under the authority of the State is a person having standing to bring an action under this subsection.
(2)    A person injured by a violation of § 11-103 of this subtitle may maintain an action for damages or for an injunction or both against any person who has committed the violation.
(3)    If an injunction is issued, the complainant shall be awarded costs and reasonable attorney’s fees.
(4)    In an action for damages, if an injury due to a violation of § 11-103 of this subtitle is found, the person injured shall be awarded three times the amount of actual damages which results from the violation, with costs and reasonable attorney’s fees.
(5)    The Attorney General may bring an action on behalf of the State or any of its political subdivisions to recover the damages provided for by this subsection or any comparable provision of federal law.
(c)    (1)    An action brought to enforce this subtitle shall be commenced within four years after the cause of action accrues.
(2)    For the purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 1 - Foreign Discriminatory Boycotts Act › Section 11-112 - Contract Provision Declared Void

Any provision of any contract or other document or other agreement which violates, or which, if observed by the person intended to be bound by the provision, would cause a violation of § 11-103 of this subtitle shall be null and void as being against the public policy of the State of Maryland.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 1 - Foreign Discriminatory Boycotts Act › Section 11-113 - Promulgation of Rules and Regulations

The Attorney General may promulgate rules and regulations for the purpose of implementing and enforcing the provisions of this subtitle with respect to the persons subject to their respective jurisdictions and have the duty, and all powers necessary, to enforce any rules and regulations so promulgated.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 2 - Antitrust › Section 11-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Attorney General” means the Attorney General of Maryland or his designee.
(c)    “Commodity” means goods, wares, merchandise, machinery, supplies, or any other articles in trade or commerce.
(d)    “County” includes Baltimore City.
(e)    “Court” means the circuit court of a county.
(f)    “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(g)    “Service” means any activity performed in whole or in part for the purpose of financial gain, and includes any sale, rental, leasing, or licensing for use.
(h)    “Trade or commerce” includes all economic activity within the State which involves or relates to any commodity or service.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 2 - Antitrust › Section 11-202 - Purpose, Interpretation, and Construction of Subtitle

(a)    (1)    The General Assembly of Maryland declares that the purpose of this subtitle is to complement the body of federal law governing restraints of trade, unfair competition, and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest intrastate competition.
(2)    It is the intent of the General Assembly that, in construing this subtitle, the courts be guided by the interpretation given by the federal courts to the various federal statutes dealing with the same or similar matters, including:
(i)    Act of July 2, 1890, ch. 647, 26 U.S. Stat. 209, 15 U.S.C. §§ 1 through 7;
(ii)    Act of Oct. 15, 1914, ch. 323, 38 U.S. Stat. 730, 15 U.S.C. §§ 12 through 27, 44;
(iii)    Act of August 17, 1937, ch. 690, Title VIII, 50 U.S. Stat. 693, 15 U.S.C. § 1;
(iv)    Act of July 7, 1955, ch. 281, 69 U.S. Stat. 282, 15 U.S.C. §§ 1 through 3;
(v)    Act of May 26, 1938, ch. 283, 52 U.S. Stat. 446, 15 U.S.C. § 13c; and
(vi)    Any similar act passed in the future.
(3)    It is also the intent of the General Assembly that, in deciding whether conduct restrains or monopolizes trade or commerce or may substantially lessen competition within the State, determination of the relevant market or effective area of competition may not be limited by the boundaries of the State.
(b)    (1)    For the purpose and intent stated in subsection (a) of this section, this subtitle shall be liberally construed to serve its beneficial purposes.
(2)    It is also the intent of the General Assembly that this subtitle may not be construed to prohibit acts or practices which are reasonable in relation to the development and preservation of business or which are not injurious to the public interest.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 2 - Antitrust › Section 11-206 - 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 where the alleged violator resides or has his principal place of business.
(c)    The assurance of discontinuance may not be considered for any purpose as an admission of a violation. However, proof of failure to comply with the assurance of discontinuance is prima facie evidence of a violation of this subtitle.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 2 - Antitrust › 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 prosecution, the Attorney General has all the powers and duties vested by law in State’s Attorneys with respect to criminal prosecutions.
(d)    A prosecution for any offense in violation of this subtitle shall be commenced within four years after the offense is committed.
(e)    The Attorney General may not commence prosecution under this subtitle against any person while the person is a defendant with regard to a pending complaint, information, or indictment which:
(1)    Involves substantially the same subject matter; and
(2)    Is filed by the United States for violation or alleged violation of the federal antitrust statutes, including the statutes enumerated in § 11-202 and any similar act passed in the future.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 2 - Antitrust › Section 11-210 - Judgment as Evidence

(a)    Except as provided in subsection (b) of this section, a final judgment or decree rendered in a criminal proceeding or civil action brought by the Attorney General under this subtitle to the effect that a defendant has violated this subtitle is prima facie evidence against the defendant in an action for damages brought by another party against him under § 11-209(b) of this subtitle with respect to all matters where the judgment or decree would be an estoppel between the parties to it.
(b)    This section does not apply to a civil consent judgment or decree entered before any testimony is taken.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 2 - Antitrust › 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.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 3 - Gasohol and Gasoline Products Marketing Act › Section 11-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Controlled outlet” means an outlet which is operated by a distributor or operated by company employees, a subsidiary company, commissioned agent, or by any person who manages the outlet on a fee arrangement with the distributor.
(c)    The distributor may not:
(1)    Require the dealer to refuse credit card purchases of gasohol; or
(2)    Provide that any credit card it issues may not be used for the purchase of gasohol.
(d)    (1)    “Dealer” means a person engaged in the retail sale of gasohol or gasoline products under a marketing agreement, at least 30 percent of whose gross revenue is derived from the retail sale of gasoline products.
(2)    “Dealer” does not include an employee of a distributor.
(e)    (1)    “Distributor” means a person who:
(i)    Engages in the sale, consignment, or distribution of gasohol or gasoline products through retail outlets which he owns or leases; and
(ii)    Maintains an oral or written contractual relationship with a dealer for the sale of the products.
(2)    “Distributor” includes any subsidiary or affiliated corporation in which a distributor holds at least 30 percent voting control.
(f)    “Farm cooperative” means a cooperative organized under Subtitle 5 of Title 5 of the Corporations and Associations Article.
(g)    “Gasoline products” includes gasohol.
(h)    “Independent jobber” means an individual or corporation who purchases gasohol or gasoline products from a wholesaler for resale to a dealer.
(i)    “Marketing agreement” means an oral or written agreement between a distributor and a dealer under which the dealer is granted the right, for the purpose of engaging in the retail sale of gasohol or gasoline products supplied by the distributor, to:
(1)    Use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor; or
(2)    Occupy premises owned, leased, or controlled by the distributor.
(j)    “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(k)    “Retail sale” means the sale of a product for purposes other than resale.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 3 - Gasohol and Gasoline Products Marketing Act › 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.
(b)    This subtitle constitutes a statement of the public policy of the State.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 3 - Gasohol and Gasoline Products Marketing Act › 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 reason for the termination of the marketing agreement of each person who was a dealer at the location during:
(i)    The five-year period immediately past; or
(ii)    The entire period during which the location has been supplied by the distributor;
(3)    Any commitment for the sale, demolition, or other disposition of the location;
(4)    Any training program and any specific goods and services which the distributor will provide for and to the dealer;
(5)    Any obligation which will be required of the dealer;
(6)    Any restriction on the sale, transfer, and termination of the agreement; and
(7)    The total amount of any cash deposit required, any amount of interest to be paid on the deposit, and the conditions for the return of the deposit.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 3 - Gasohol and Gasoline Products Marketing Act › 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 void and unenforceable unless it clearly states that it is not effective until the seventh business day after the date of its execution during which time either the dealer or the distributor have the absolute right to rescind such mutual agreement by written notice to the other;
(2)    Because of the bankruptcy or insolvency of the dealer;
(3)    Because the dealer failed to comply with an express requirement of the marketing agreement; or
(4)    Because the dealer failed to act in good faith in carrying out the terms of the marketing agreement.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 3 - Gasohol and Gasoline Products Marketing Act › 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 the date on which he intends to terminate or cancel it.
(b)    The 60-day notice is not required if at the time of termination or cancellation of the marketing agreement any of the following is proven:
(1)    Criminal misconduct;
(2)    Fraud;
(3)    Abandonment;
(4)    Bankruptcy or insolvency of the dealer;
(5)    Adulteration of product; or
(6)    Giving a check which is dishonored for insufficient funds.
(c)    If notice is given by registered or certified mail, it shall be effective on the date of mailing.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 4 - Sales Below Cost 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 sold on the final liquidation of a business;
(5)    Is sold for charitable purposes or to relief agencies;
(6)    Is sold on contract to a department of a government or governmental institution;
(7)    Is sold by an officer acting under the order or direction of a court;
(8)    Is sold at a price set in good faith to meet competition; or
(9)    Is motor fuel sold by a retail service station dealer.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 4 - Sales Below Cost Act › Section 11-403 - Advertised, Offered for Sale, or Sold

For the purposes of this subtitle, if an item of merchandise is advertised, offered for sale, or sold with any other item at a combined price, or is advertised, offered as a gift, or given with the sale of any other item, all of the items are considered to be advertised, offered for sale, or sold. The cost to the retailer or the cost to the wholesaler, as the case may be, of each item is governed by § 11-401(b) and (c), respectively, of this subtitle.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 4 - Sales Below Cost Act › Section 11-404 - Sale at Less Than Cost Prohibited

(a)    A retailer or wholesaler with intent to injure a competitor or to destroy competition may not advertise, offer to sell, or sell at retail sale or wholesale sale any item of merchandise at less than its cost to the retailer or its cost to the wholesaler, respectively.
(b)    Proof of an advertisement, offer to sell, or sale of an item of merchandise by a retailer or wholesaler at less than its cost to the retailer or its cost to the wholesaler, respectively, is prima facie evidence of intent to injure a competitor or to destroy competition.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5 - Cigarette Sales Below Cost Act › Section 11-502 - Exceptions

(a)    This subtitle does not apply to a retail sale of cigarettes or a wholesale sale of cigarettes, if they are sold:
(1)    At a bona fide clearance sale, are so advertised and marked, and the quantity is accurately, clearly, and conspicuously stated in all advertising of the sale and on signs conspicuously posted where the sale takes place;
(2)    As imperfect, damaged, or being discontinued, are so advertised and marked, and the quantity is accurately, clearly, and conspicuously stated in all advertising of the sale and on signs conspicuously posted where the sale takes place;
(3)    On the complete and final liquidation of the business of the seller;
(4)    Under an order, direction, or supervision of a court; or
(5)    Subject to subsection (b) of this section, by a retailer or wholesaler at a price set in good faith to meet the competition of another retailer or wholesaler who is rendering the same type of service as the seller, if the price of the competitor which the seller desires to meet is lawful.
(b)    For purposes of subsection (a)(5) of this section, the price of cigarettes sold under subsection (a)(1) through (4) of this section is not the lawful price of a competitor.
(c)    In calculating the basic cost of cigarettes purchased at a sale under subsection (a)(1) through (4) of this section or at any other sale outside the ordinary channels of trade, a retailer or wholesaler shall use, instead of invoice costs, the replacement cost of the cigarettes based on the quantity last purchased by him through the ordinary channels of trade.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5 - Cigarette Sales Below Cost Act › Section 11-503 - Special Cost Provisions

(a)    In a wholesale sale of cigarettes, the presumptive wholesale markup of 5 percent provided for in § 11-501(e) of this subtitle may be reduced by 2 cents for each carton of 200 cigarettes, if:
(1)    The cigarettes are not delivered unless their full price is received by the wholesaler at or before delivery; and
(2)    The purchaser performs or pays for the cartage cost of the cigarettes to the place of business of the purchaser.
(b)    (1)    In the absence of satisfactory proof of a lesser aggregate cost of doing business, a vending machine operator or retailer who purchases cigarettes at prices ordinarily invoiced to a wholesaler and who receives the wholesaler’s discounts on them shall:
(i)    First, add to his basic cost of cigarettes the wholesale markup of 5 percent provided for in § 11-501(e) of this subtitle to cover the cost of doing business as a wholesaler; and
(ii)    Then, on the resultant sum, add the retail markup of 8 percent provided for in § 11-501(d) of this subtitle.
(2)    If the discount received by the vending machine operator or retailer is less than that ordinarily allowed to wholesalers, the wholesale markup of 5 percent may be reduced by the difference between the discount ordinarily allowed to wholesalers and the discount received by the retailer or vending machine operator.
(c)    (1)    A wholesaler who sells cigarettes to another wholesaler or to a vending machine operator is not required to include in his selling price the cost to the wholesaler. However, in the absence of satisfactory proof of a lesser cost for the service rendered, the wholesaler shall include in the selling price his basic cost of cigarettes, plus a charge of 1 percent of his basic cost of cigarettes.
(2)    If a wholesaler purchases cigarettes from another wholesaler, then, on resale of the cigarettes to a retailer, he is the wholesaler for the purposes of this subtitle.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5 - Cigarette Sales Below Cost Act › Section 11-504 - Sale or Purchase at Less Than Cost Prohibited

(a)    A retailer or wholesaler with intent to injure a competitor or to destroy or substantially lessen competition may not make a retail sale of cigarettes or a wholesale sale of cigarettes at less than the cost to the retailer or the cost to the wholesaler, respectively.
(b)    A retailer may not purchase cigarettes from a wholesaler at a cost which directly or indirectly is less than the cost to the wholesaler by any means, including offering, accepting, inducing, or attempting to induce a rebate in price or a concession of any kind in connection with the sale or purchase of cigarettes.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5 - Cigarette Sales Below Cost Act › Section 11-505 - Combination Sales and Concessions

(a)    Except as provided in subsection (b) of this section, a retailer or wholesaler with intent to injure a competitor or to destroy or substantially lessen competition may not:
(1)    Sell cigarettes in combination with any other item of merchandise if the other item is given free of charge or sold at a price below its cost to the retailer or its cost to the wholesaler, respectively, as defined in Subtitle 4 of this title;
(2)    Sell cigarettes in combination with any other item of merchandise if the total sale price for the cigarettes and all other items included in the sale is less than the sum of:
(i)    The cost to the retailer or the cost to the wholesaler, respectively, of the cigarettes; and
(ii)    The cost to the retailer or the cost to the wholesaler, respectively, as defined in Subtitle 4 of this title, of all other items included in the sale, including items given free of charge in connection with the sale;
(3)    Give cigarettes free of charge, except in the case of specially packaged manufacturers’ samples which are designated on the package as not to be sold; or
(4)    Make any rebate, advertising allowance, or any other concession by any means or device in connection with the sale of cigarettes whereby the cigarettes are in effect sold below their cost to the retailer or their cost to the wholesaler, respectively.
(b)    A retailer or wholesaler may pass on to a purchaser any reduction in cost which results from:
(1)    Payment or compensation given by a manufacturer of cigarettes on a uniform and nondiscriminatory basis for promotional services; or
(2)    Any coupon issued and ultimately redeemed by a cigarette manufacturer.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5 - Cigarette Sales Below Cost Act › Section 11-506 - Evidence

(a)    In any proceeding under this subtitle, including a proceeding relating to licenses before the State Comptroller, proof of a sale by a retailer or a wholesaler of cigarettes or of any other item in combination or in connection with cigarettes at less than their cost to the retailer or their cost to the wholesaler, respectively, is prima facie evidence of intent to injure a competitor or to destroy or substantially lessen competition.
(b)    In determining cost to the retailer or cost to the wholesaler, the State Comptroller or the court shall receive and consider evidence:
(1)    That the person complained against purchased cigarettes at a fictitious price or on terms, in a manner, or under invoices which conceal the true costs, discounts, or terms of purchase; and
(2)    Of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature in the trade area.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5 - Cigarette Sales Below Cost Act › Section 11-507 - Administration and Enforcement

(a)    It is the duty of the State Comptroller to 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 rules and regulations necessary to effectuate and enforce the policies of this subtitle.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5 - Cigarette Sales Below Cost Act › Section 11-508 - Remedies

(a)    (1)    On complaint of the State Comptroller or any person affected, a circuit court has jurisdiction to:
(i)    Enjoin a retailer or wholesaler from the commission of any act prohibited by this subtitle; and
(ii)    Award damages and costs.
(2)    In an action for injunctive relief, it is not necessary for the complainant to allege or prove that an adequate remedy at law does not exist or that the complainant has suffered actual damages.
(b)    If injunctive relief is not sought or required, an injured person may institute an action for damages in any court of competent jurisdiction.
(c)    On violation of this subtitle, the State Comptroller shall suspend or revoke the cigarette license of the offender required by § 16-210 of the Business Regulation Article.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5A - Sales of Unpackaged Cigarettes › 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 in § 11–501(k) of this title.
(f)    “Wholesaler” has the meaning stated in § 11–501(m) of this title.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5A - Sales of Unpackaged Cigarettes › 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 give away to any person an unpackaged cigarette.
(c)    Notwithstanding any other provision of law, a wholesaler may not sell, resell, distribute, dispense, or give away to any person in this State an unpackaged cigarette.
(d)    In addition to any other penalties provided by law, a person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 3 months or both.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 5A - Sales of Unpackaged Cigarettes › 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.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 6 - Liquefied Petroleum Gas Containers › 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 a container which bears on its surface in plainly legible characters the mark of its owner.
(f)    “Owner” means:
(1)    Any person who holds a written bill of sale under which title or ownership to a container was transferred to him; or
(2)    Any manufacturer of a container who has not transferred ownership of the container under a written bill of sale.
(g)    “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 6 - Liquefied Petroleum Gas Containers › 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 traffic in a marked container; or
(3)    Deface, erase, obliterate, cover up, or otherwise remove or conceal any mark on a container.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 6 - Liquefied Petroleum Gas Containers › 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 of liquefied petroleum gas; or
(ii)    The filling or refilling of the container with liquefied petroleum gas.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 6 - Liquefied Petroleum Gas Containers › Section 11-605 - Issuance of Warrant; Return of Property Unlawfully Taken

(a)    If the owner of a marked container, his officer, or authorized agent who has personal knowledge of the facts makes oath in writing before any court of competent jurisdiction that he believes that a person has violated any provision of this subtitle with respect to the container, the court, if satisfied that there is reasonable cause, may issue a warrant and cause the alleged violator to be brought into court for the purpose of discovering and obtaining the container.
(b)    If the court finds that a person violated any provision of this subtitle, it shall award an unlawfully taken container to its true owner.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 7 - False Advertising › Section 11-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Advertise falsely” means to use any advertisement, including a label, which is misleading in a material respect.
(2)    “Advertise falsely” includes the use of an advertisement that contains an affirmative representation that the Maryland sales and use tax will not be collected by the retailer on a particular transaction without notifying the purchaser of the purchaser’s duty to pay the sales and use tax directly to the Comptroller of this State.
(c)    “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(d)    “Telephone company” has the meaning stated in § 1–101 of the Public Utilities Article.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 7 - False Advertising › Section 11-702 - Exceptions

This subtitle does not apply to any:
(1)    Television or radio broadcasting station which broadcasts an advertisement;
(2)    Publisher or printer of a newspaper, magazine, or other form of printed advertisement who publishes or prints an advertisement; or
(3)    Publisher, printer, or distributor, including a telephone company or directory provider, of an advertisement or telephone listing in a telephone directory.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 7 - False Advertising › Section 11-704 - Determination Whether Advertisement Misleading

To determine if an advertisement is misleading, the following, in addition to any other appropriate considerations, shall be considered:
(1)    Any representation made by statement, word, design, device, or sound, whether alone or together; and
(2)    The extent to which the advertisement fails to reveal a fact which, in light of any representation made, is material with respect to the advertised commodity or service under conditions which are:
(i)    Customary or usual; or
(ii)    Described in the advertisement.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 7 - False Advertising › Section 11-704.1 - Mispresentations in Directory Advertisements

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Local telephone classified advertising directory” means a telephone directory that:
1.    Contains classified advertisements; and
2.    Is distributed free of charge to residents in the State.
(ii)    “Local telephone classified advertising directory” includes a directory distributed by a person other than a telephone company.
(3)    (i)    “Local telephone directory” means a telephone directory that is:
1.    Available free of charge to telephone subscribers in an area of the State; and
2.    Does not contain classified advertisements.
(ii)    “Local telephone directory” includes a directory distributed by a person other than a telephone company.
(4)    “Location” means any part of the address of a person, including the street, the city, or the state.
(b)    (1)    This section applies only to business telephone listings and advertisements.
(2)    This section does not apply to any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of this State or the United States or any other state bank having a branch in this State.
(c)    (1)    A person is in violation of § 11–703 of this subtitle if the person:
(i)    Causes to be published in a local telephone classified advertising directory an advertisement that misrepresents the location of the person; or
(ii)    Causes to be listed in a local telephone directory a telephone listing that misrepresents the location of the person.
(2)    For purposes of this subsection, a person commits a separate violation for each edition of a local telephone directory or local telephone advertising directory in which the advertisement or telephone listing is published.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 7 - False Advertising › Section 11-705 - Enforcement by Attorney General

(a)    Any person who violates any provision of this subtitle is subject to a penalty not exceeding $500 for each violation, which penalty the Attorney General may recover for the State in a civil action.
(b)    Before the Attorney General commences any action under this section, he shall give to the person against whom the action is proposed:
(1)    Notice by registered or certified mail of the proposed action; and
(2)    An opportunity to show cause orally or in writing why the action should not be commenced.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Consignee” means a commercial agent who is:
(1)    Entrusted with the possession of goods or agricultural products, by or for the owner, to be sold for compensation in the ordinary course of the agent’s trade or business; and
(2)    Generally known by those dealing with him to be substantially engaged in selling the goods or agricultural products of others.
(c)    “Goods” includes wares or merchandise, but does not include agricultural products.
(d)    “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(e)    “Possessory document” means a bill of lading, warehouse receipt, order for delivery of goods, or other document which evidences possession.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-802 - Consignee's Lien

A consignee is entitled to a lien on goods shipped or consigned to him for any money or negotiable instrument advanced or given to or for the use of the person in whose name the goods were shipped or consigned, unless the consignee has notice that the person is not the true owner of the goods.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-803 - Consignee Holding Possessory Document Considered Owner of Goods

(a)    Except as provided by subsection (b) of this section, a consignee entrusted with and in possession of a possessory document is considered the true owner of the goods described in the document for the purpose of any contract with a third person for:
(1)    The sale or disposal of the goods; or
(2)    The pledge or deposit of them as security for any money or negotiable instrument advanced or given on the faith of the possessory document.
(b)    A contract, pledge, or deposit described in subsection (a) of this section is not valid if the third person has notice that the consignee is not the true owner of the goods.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-804 - Contract Between Consignee and Third Person

(a)    Except as provided in subsection (b) of this section, if in the ordinary course of business a contract for sale of goods is made between a consignee and a third person, the contract and any payment made in the ordinary course of business for the goods under the contract is valid against the owner of the goods, even if the third person has notice that the seller of the goods is a consignee.
(b)    A contract or payment described in subsection (a) of this section is not valid against the owner of the goods if the third person has notice that the seller is not authorized to sell the goods or to receive payments for them, as the case may be.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-805 - Deposit or Pledge With Third Person

(a)    Except as provided in subsection (c) of this section, if a third person takes goods or a possessory document in deposit or pledge as security for a preexisting debt or demand from any other person entrusted with them or to whom they are consigned or who is entrusted with and in possession of a possessory document, he acquires only the right, title, or interest as was possessed and might have been enforced by the person from whom he received the goods or possessory document.
(b)    Except as provided in subsection (c) of this section, if a third person knows that he is dealing with a consignee, he may take goods or a possessory document in deposit or pledge as security for a preexisting debt or demand, but he acquires only the right or interest in the goods or possessory document that was possessed by the consignee at the time of the deposit or pledge.
(c)    If a third person has notice that the consignee is not authorized to pledge, deposit, or part with possession of the goods or possessory document, he acquires no right, title, or interest in the goods.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-806 - Debt of Consignee Due Purchaser or Pledgee

Unless a third person contracts for or receives goods on deposit or pledge without knowledge that a consignee is not authorized to sell, deposit, or pledge the goods, a claim or demand of setoff of a debt due by the consignee is not allowed against his principal in favor of the third person.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-807 - Legal and Equitable Rights of Owner Against Consignee Not Affected

Nothing in this subtitle deprives an owner of goods of any remedy which he might have against a consignee on any matter or contract between them or for the violation of any engagement, duty, or debt for which the consignee is liable, subject, however, to the right of the consignee to have the benefit of any payment of any debt or damages paid on the contract by a third person.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-808 - Consignment or Disposal of Agricultural Products

(a)    A consignment of agricultural products by the grower, producer, or owner to a consignee for sale for the use and benefit of the consignor does not vest in the consignee any other title or right to the products except to sell and deliver them to a bona fide purchaser for a valuable consideration.
(b)    If, without the express consent of the grower, producer, or owner, a consignee mortgages, pledges, deposits, or otherwise disposes of agricultural products consigned only for sale for the use and benefit of the grower, producer, or owner, the disposition is void and title to the products does not pass but remains in the grower, producer, or owner as if no disposition were made.
(c)    Nothing in this section impairs any right of any lien which a consignee acquires or is entitled to for bona fide advances made in money or goods to the grower, producer, or owner on the faith and the security of the consignment.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-809 - Conversion by Consignee

(a)    Any consignee, his agent, or employee who converts to his own use goods or agricultural products entrusted to the consignee for sale or the proceeds from the sale of them is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding six months or both.
(b)    The failure of a consignee who sells goods or agricultural products on commission to pay the proceeds from the sale, less his charges, to the person entitled to receive the proceeds within five days after receiving the proceeds from the purchaser and after demand for payment is prima facie evidence of conversion of the goods or agricultural products.
2023 Maryland Statutes › Commercial Law › Title 11 - Trade Regulation › Subtitle 8 - Consignees › Section 11-810 - Sale of Consigned Goods -- Failure to Account

(a)    After a sale of goods consigned for sale by a person in this State to a person engaged in the business of selling goods on consignment, the consignee shall transmit to the consignor within 24 hours after the sale a full account of the sale, including:
(1)    The amount and price of the goods sold; and
(2)    The name and address of the purchaser, including the house or business number, street, and city.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of $5 for each violation, and court costs.