Section 5-216 - Shipping, importing, or selling other tobacco products. - Maryland Statutes

§ 16.5-216. Shipping, importing, or selling other tobacco products.
 

(a)  Requirements.- A person may not ship, import, or sell into or within this State any other tobacco products unless that person: 

(1) is the owner of the brand; 

(2) is the United States importer for the brand; or 

(3) is a designated agent in Maryland of: 

(i) the owner of the brand; or 

(ii) the United States importer of the brand; and 

(4) holds any license required by this subtitle. 

(b)  Labeling requirements.- A person who ships, imports, or sells other tobacco products into or within this State: 

(1) shall comply with any federal and State requirements concerning the placement of warning labels or other information on the containers or individual packages of other tobacco products; and 

(2) shall ensure that the containers or individual packages of other tobacco products do not contain any information or markings that are false, misleading, or contrary to: 

(i) federal trademark or tax laws; 

(ii) the trademark law of this State under Title 1, Subtitle 4 of this article; or 

(iii) the tax laws of this State under Title 12 of the Tax - General Article. 

(c)  Penalties for violations.- A person who ships, imports, or sells other tobacco products into or within this State in violation of this section is subject to disciplinary action by the Comptroller under § 16.5-208 of this subtitle and to the penalty specified in § 13-1015 of the Tax - General Article. 
 

[2010, ch. 72, § 5; ch. 388.]