<?xml version='1.0' encoding='utf-8'?>
<section article="gbr" article_name="Business Regulation" number="16.5-101" title_number="16.5" title_name="Other Tobacco Products Licenses" subtitle_number="1" subtitle_name="Definitions; General Provisions">
  <level label="a">
    <text>In this title the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“County license” means a license issued by the clerk to sell other tobacco products at retail in a county.</text>
  </level>
  <level label="c">
    <text>“Executive Director” means the Executive Director of the Alcohol and Tobacco Commission.</text>
  </level>
  <level label="d">
    <text>“License” means:</text>
    <level label="1">
      <text>a license issued by the Executive Director under § 16.5–204(a) of this title to:</text>
      <level label="i">
        <text>act as a licensed other tobacco products manufacturer;</text>
      </level>
      <level label="ii">
        <text>act as an other tobacco products wholesaler; or</text>
      </level>
      <level label="iii">
        <text>act as an other tobacco products storage warehouse; or</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <text>“Licensed other tobacco products manufacturer” means a person licensed by the Executive Director under § 16.5–204(a) of this title who:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <level label="i">
        <text>sells other tobacco products on which the tobacco tax has not been paid to a licensed other tobacco products wholesaler in the State;</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>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</text>
      </level>
      <level label="iv">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <text>“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.</text>
  </level>
  <level label="g">
    <text>“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.</text>
  </level>
  <level label="h">
    <text>“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.</text>
  </level>
  <level label="i">
    <text>“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.</text>
  </level>
  <level label="j">
    <level label="1">
      <text>“Other tobacco products” means, except as provided in paragraph (3) of this subsection, a product that is:</text>
      <level label="i">
        <text>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:</text>
        <level label="1">
          <text>tobacco; or</text>
        </level>
        <level label="2">
          <text>nicotine; or</text>
        </level>
      </level>
      <level label="ii">
        <text>a component or part used in a consumable product described under item (i) of this paragraph.</text>
      </level>
    </level>
    <level label="2">
      <text>“Other tobacco products” includes:</text>
      <level label="i">
        <text>cigars, premium cigars, pipe tobacco, chewing tobacco, snuff, and snus; and</text>
      </level>
      <level label="ii">
        <text>filters, rolling papers, pipes, and hookahs.</text>
      </level>
    </level>
    <level label="3">
      <text>“Other tobacco products” does not include:</text>
      <level label="i">
        <text>cigarettes;</text>
      </level>
      <level label="ii">
        <text>electronic smoking devices;</text>
      </level>
      <level label="iii">
        <text>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</text>
      </level>
      <level label="iv">
        <text>tobacco pipes, as defined under § 11–104 of the Tax – General Article.</text>
      </level>
    </level>
  </level>
  <level label="k">
    <text>“Other tobacco products manufacturer” means a person who:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <level label="i">
        <text>sells other tobacco products on which the tobacco tax has not been paid to a licensed other tobacco products wholesaler in Maryland;</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>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</text>
      </level>
      <level label="iv">
        <text>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</text>
      </level>
    </level>
    <level label="3">
      <text>is a licensed other tobacco products manufacturer under this title.</text>
    </level>
  </level>
  <level label="l">
    <text>“Other tobacco products retailer” means a person who:</text>
    <level label="1">
      <text>sells other tobacco products to consumers; or</text>
    </level>
    <level label="2">
      <text>holds other tobacco products for sale to consumers.</text>
    </level>
  </level>
  <level label="m">
    <text>“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.</text>
  </level>
  <level label="n">
    <text>“Other tobacco products wholesaler” means a person who:</text>
    <level label="1">
      <text>holds other tobacco products for sale to another person for resale; or</text>
    </level>
    <level label="2">
      <text>sells other tobacco products to another person for resale.</text>
    </level>
  </level>
  <level label="o">
    <level label="1">
      <text>“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.</text>
    </level>
    <level label="2">
      <text>“Package” includes not more than 10 cigars offered for sale, sold, or distributed as single cigars.</text>
    </level>
  </level>
  <level label="p">
    <text>“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.</text>
  </level>
  <level label="q">
    <text>“Premium cigars” means cigars that:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>are designated as premium cigars by the Executive Director by regulation.</text>
    </level>
  </level>
  <level label="r">
    <text>“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.</text>
  </level>
  <level label="s">
    <text>“Sell other tobacco products at retail” means to sell other tobacco products to a consumer.</text>
  </level>
  <level label="t">
    <text>“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.</text>
  </level>
</section>
