Maryland § 16.5-101

§ 16.5-101.

    (a)    In this title the following words have the meanings indicated.

    (b)    “County license” means a license issued by the clerk to sell other tobacco products at retail in a county.

    (c)    “Executive Director” means the Executive Director of the Alcohol and Tobacco Commission.

    (d)    “License” means:

        (1)    a license issued by the Executive Director under § 16.5–204(a) of this title to:

            (i)    act as a licensed other tobacco products manufacturer;

            (ii)    act as an other tobacco products wholesaler; or

            (iii)    act as an other tobacco products storage warehouse; or

        (2)    a license issued by the clerk under § 16.5–204(b) of this title to act as an other tobacco products retailer or a tobacconist.

    (e)    “Licensed other tobacco products manufacturer” means a person licensed by the Executive Director under § 16.5–204(a) of this title who:

        (1)    manufactures or otherwise produces other tobacco products in the State intended for sale in the State, including other tobacco products intended for sale in the State through an importer; and

        (2)    (i)    sells other tobacco products on which the tobacco tax has not been paid to a licensed other tobacco products wholesaler in the State;

            (ii)    sells other tobacco products on which the tobacco tax has not been paid and which may lawfully be sold in the State to a licensed other tobacco products wholesaler located outside of the State;

            (iii)    unless otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distributes sample other tobacco products to consumers located in the State; or

            (iv)    stores other tobacco products in another tobacco products warehouse in the State for subsequent shipment to licensed wholesalers, federal reservations, or persons outside of the State.

    (f)    “Licensed other tobacco products retailer” means a person licensed by the clerk under § 16.5–204(b) of this title to act as an other tobacco products retailer.

    (g)    “Licensed other tobacco products storage warehouse” means a facility licensed by the Executive Director under § 16.5–204(a) of this title to act as an other tobacco products storage warehouse.

    (h)    “Licensed other tobacco products wholesaler” means a person licensed by the Executive Director under § 16.5–204(a) of this title to act as an other tobacco products wholesaler.

    (i)    “Licensed tobacconist” means a person licensed by the clerk of a circuit court under § 16.5–204(b) of this title to act as a tobacconist.

    (j)    (1)    “Other tobacco products” means, except as provided in paragraph (3) of this subsection, a product that is:

            (i)    intended for human consumption or likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested in any other manner, and that is made of or derived from, or that contains:

                1.    tobacco; or

                2.    nicotine; or

            (ii)    a component or part used in a consumable product described under item (i) of this paragraph.

        (2)    “Other tobacco products” includes:

            (i)    cigars, premium cigars, pipe tobacco, chewing tobacco, snuff, and snus; and

            (ii)    filters, rolling papers, pipes, and hookahs.

        (3)    “Other tobacco products” does not include:

            (i)    cigarettes;

            (ii)    electronic smoking devices;

            (iii)    drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or

            (iv)    tobacco pipes, as defined under § 11–104 of the Tax – General Article.

    (k)    “Other tobacco products manufacturer” means a person who:

        (1)    manufactures or otherwise produces other tobacco products intended for sale in this State, including other tobacco products intended for sale in the United States through an importer;

        (2)    (i)    sells other tobacco products on which the tobacco tax has not been paid to a licensed other tobacco products wholesaler in Maryland;

            (ii)    sells other tobacco products on which the tobacco tax has not been paid and which may lawfully be sold in Maryland to a licensed other tobacco products wholesaler located outside Maryland;

            (iii)    unless otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distributes sample other tobacco products to consumers located in Maryland; or

            (iv)    stores other tobacco products in another tobacco products storage warehouse in Maryland for subsequent shipment to licensed other tobacco products wholesalers, federal reservations, or persons out of state; or

        (3)    is a licensed other tobacco products manufacturer under this title.

    (l)    “Other tobacco products retailer” means a person who:

        (1)    sells other tobacco products to consumers; or

        (2)    holds other tobacco products for sale to consumers.

    (m)    “Other tobacco products storage warehouse” means a storage facility in Maryland operated for the purpose of storing other tobacco products on which the tobacco tax has not been paid on behalf of an other tobacco products manufacturer.

    (n)    “Other tobacco products wholesaler” means a person who:

        (1)    holds other tobacco products for sale to another person for resale; or

        (2)    sells other tobacco products to another person for resale.

    (o)    (1)    “Package” means a pack, box, carton, can, wrap, pouch, bag, or container of any kind designed for retail consumption in which other tobacco products are offered for sale, sold, or otherwise distributed.

        (2)    “Package” includes not more than 10 cigars offered for sale, sold, or distributed as single cigars.

    (p)    “Pipe tobacco” means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to smoke in a pipe.

    (q)    “Premium cigars” means cigars that:

        (1)    have hand–rolled wrappers made from whole tobacco leaves where the filler, binder, and wrapper are made of all tobacco, and may include adhesives or other materials used to maintain size, texture, or flavor; or

        (2)    are designated as premium cigars by the Executive Director by regulation.

    (r)    “Sell” means to exchange or transfer, or to agree to exchange or transfer, title or possession of property, in any manner or by any means, for consideration.

    (s)    “Sell other tobacco products at retail” means to sell other tobacco products to a consumer.

    (t)    “Tobacconist” means an other tobacco products business that derives at least 70% of its revenues, measured by average daily receipts, from the sale of other tobacco products and tobacco–related accessories.