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

   1. (1)

      1. (i) is the owner of the brand;
      2. (ii) is the United States importer for the brand; or

      3. (iii) is a designated agent in Maryland of:

         1. 1. the owner of the brand; or
         2. 2. the United States importer of the brand; and
   2. (2) holds any license required by this subtitle.

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

   1. (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. (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:

      1. (i) federal trademark or tax laws;
      2. (ii) the trademark law of this State under Title 1, Subtitle 4 of this article; or
      3. (iii) the tax laws of this State under Title 12 of the Tax--General Article.
3. (c) 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 Executive Director under § 16.5-208 of this subtitle and to the penalty specified in § 13-1015 of the Tax--General Article.

Added by Acts 2010, c. 388, § 1, eff. May 1, 2011. Amended by Acts 2013, c. 43, § 1, eff. April 9, 2013; Acts 2019, c. 12, § 1, eff. Jan. 1, 2021.