# Commercial Law (GCL)

## Title 14. Miscellaneous Consumer Protection Provisions

### Subtitle 1. Unit Pricing

#### Section 14-101

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

(b) "Consumer commodity" means any food, drug, cosmetic, or other article, product, or commodity of any kind or class which is:

  (1) Customarily produced for sale at retail for consumption by individuals for purposes of personal care or in the performance of services ordinarily performed in or around the household; and

  (2) Usually consumed or expended in the course of that use or performance other than by wear or deterioration from use.

(c) "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(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) "Unit price" means the retail price of an item expressed in dollars and cents per unit. In addition to any units commonly in use in the United States, the following units may be used if appropriate:

  (1) Per pound for an item the net quantity of which is expressed in pounds, ounces, or both;

  (2) Per kilogram (1000 grams) for an item the net quantity of which is expressed in kilograms, grams, or both;

  (3) Per meter (100 centimeters) for an item the net quantity of which is expressed in meters, centimeters, millimeters, or a combination of them;

  (4) Per quart for an item the net quantity of which is expressed in quarts, pints, fluid ounces, or a combination of them;

  (5) Per liter for an item the net quantity of which is expressed in liters and milliliters, or a combination of them;

  (6) Per 100 feet for an item the net quantity of which is expressed in yards, feet, inches, or a combination of them;

  (7) Per 100 square feet for an item the net quantity of which is expressed in square yards, square feet, square inches, or a combination of them; or

  (8) Per 100 units for an item the net quantity of which is expressed in terms of a numerical count.

#### Section 14-102

(a) This subtitle does not apply to:

  (1) Prepackaged food which contains separately identifiable items that are separated by physical division within the package;

  (2) Any item sold only by prescription;

  (3) Any item subject to the packaging or labeling requirements of the federal Bureau of Alcohol, Tobacco and Firearms or to any pricing requirements under federal law;

  (4) Any item actually being sold through a vending machine;

  (5) Any item delivered directly to a retail sales agency without passing through warehousing or other inventory facility used by the agency; or

  (6) Except as provided in subsection (b) of this section, a retail sales agency which:

    (i) During the preceding calendar year, sold a gross volume of consumer commodities of less than $750,000;

    (ii) Is not part of a company which consists of ten or more sales agencies in or out of the State;

    (iii) Derives less than 15 percent of its total revenues from consumer commodities subject to this subtitle; or

    (iv) Is owned and operated by not more than one individual and the members of his immediate family.

(b) A sales agency which otherwise is exempt under subsection (a)(6) of this section nevertheless is subject to this subtitle if, during the preceding calendar year, the company of which the sales agency is a part has a gross volume of sales of consumer commodities in excess of $30,000,000.

#### Section 14-103

(a) Except as provided in Sec. 14-102 of this subtitle, each person who sells or offers or displays for sale a consumer commodity at retail shall disclose:

  (1) The total price of the consumer commodity; or

  (2) Except as provided in subsection (c) of this section, the unit price of the consumer commodity if:

    (i) It is sold only by units; or

    (ii) It is a prepackaged or retail-packaged consumer commodity within any of the following categories:

      (1) Foods, condiments, cooking oils, shortenings, and similar consumer commodities;

      (2) Paper products, including napkins, towels, and tissues;

      (3) Wrapping products, including those made of paper, plastic, and aluminum; and

      (4) Soaps, detergents, cleansing aids, deodorizing aids, and similar consumer commodities.

(b) If a packaged consumer commodity described in subsection (a)(2)(ii) of this section is priced for a multiple-package purchase, the seller shall disclose the unit price of that commodity on the basis of the multiple package.

(c) A person is not required to disclose the unit price of a consumer commodity described in subsection (a)(2) of this section if he then is disclosing unit prices for at least 90 percent of the dollar volume or number of items of all his consumer commodities which are subject to the disclosure requirements of subsection (a)(2) of this section.

#### Section 14-104

The seller shall disclose the total price or unit price, as the case may be, for each item in the following manner:

(1) If the item is visible conspicuously to the consumer, by attachment of a stamp, tag, or label:

  (i) Directly on the item or its package; or

  (ii) Directly adjacent to the item or on the shelf on which the item is displayed; or

(2) If the item is not visible conspicuously to the consumer or if the stamp, tag, or label would not be visible conspicuously to the consumer, by a sign or list which contains the price information and is visible conspicuously to the consumer.

#### Section 14-105

(a) At the direction of the Attorney General, the Division may:

  (1) In accordance with Sec. 13-205 of this article, adopt reasonable rules and regulations appropriate to effectuate any provision of this subtitle, which rules and regulations, however, may not extend, modify, or conflict with this subtitle or its reasonable implications; and

  (2) Grant to a sales agency an exemption from any requirement of this subtitle if the sales agency uses a program which is approximately as or more comprehensive than the program of unit pricing required by this subtitle.

(b) A person who willfully violates any rule or regulation of the Division, in addition to any other penalty provided, is subject to the same penalty applicable to violation of the provision of this subtitle to which the rule or regulation relates.

#### Section 14-106

If the Division has reason to believe that a sales agency has violated any provision of this subtitle or any rule or regulation adopted under Sec. 14-105 of this subtitle, the Attorney General or the Division at his direction may institute a proceeding under Title 13 of this article.

#### Section 14-107

Notwithstanding any other provision of this subtitle, the Division may submit disputes under this subtitle for arbitration in accordance with the provisions of Sec. 13-404 of this article.

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Md. Code Ann., Com. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)