Title 1. Definitions; General Provisions — Subtitle 12. Tobacco Product Sales

give, sell, deliver, dispense, or issue;

offer to give, sell, deliver, dispense, or issue; or

cause or hire any person to give, sell, deliver, dispense, or issue or offer to give, sell, deliver, dispense, or issue.

“Tobacco product” means a product that is:

“Tobacco product” includes:

“Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

Carroll County; and

Garrett County.

the sale of a tobacco product from a vending machine that complies with State law;

a tobacconist establishment that engages primarily in the sale of tobacco products other than cigarettes, as defined in § 16–101 of the Business Regulation Article; or

a business that engages primarily in the retail sale of beer, wine, and liquor.

is not immediately accessible to customers; and

is accessible only to the owner or operator of the business or an agent of the owner or operator.

$100 for the first violation; and

$300 for any subsequent violation.

Carroll County;

Cecil County;

Garrett County; and

St. Mary’s County.

is contained in a newspaper, magazine, or other type of publication and the coupon is incidental to the primary purpose of the publication; or

is sent through the mail.

distribute a tobacco product to an individual under the age of 21 years, unless the individual is acting solely as the agent of the individual’s employer who is engaged in the business of distributing tobacco products;

distribute cigarette rolling papers to an individual under the age of 21 years; or

distribute to an individual under the age of 21 years a coupon redeemable for a tobacco product.

the person examined the driver’s license or other valid government–issued identification presented by the recipient of a tobacco product, cigarette rolling paper, or coupon redeemable for a tobacco product; and

the license or other identification positively identified the recipient as being at least 21 years old.

In Carroll County and St. Mary’s County, a person who violates this section commits a civil infraction and is subject to a civil penalty of:

In Cecil County, a person who violates this section commits a civil infraction and is subject to a civil penalty of:

In Garrett County, a person who violates this section commits a civil infraction and is subject to a civil penalty not exceeding $300.

Except as otherwise provided in paragraph (2) of this subsection, a county health officer or a designee of a county health officer may issue a civil citation to a person who violates this subtitle.

In Cecil County, only a sworn law enforcement officer may issue a civil citation to a person who violates this subtitle.

the name and address of the person charged;

the nature of the violation;

the location and time of the violation;

the amount of the civil penalty;

the manner, location, and time in which the civil penalty may be paid;

the cited person’s right to elect to stand trial for the violation; and

a warning that failure to pay the civil penalty or to contest liability in a timely manner in accordance with the citation:

Except as otherwise provided in paragraph (2) of this subsection, a person who receives a citation under this subtitle may elect to stand trial for the violation by filing a notice of intention to stand trial with the county health officer at least 5 days before the date set in the citation for the payment of the civil penalty.

In Cecil County, a person who receives a citation under this subtitle may elect to stand trial for the violation by filing a notice of intention to stand trial and a copy of the citation with the District Court at least 5 days before the date set in the citation for payment of the civil penalty.