228                              Laws of Maryland                        [Ch. 90

Act", said new sections to be known as Sections 115A to 115L,
inclusive, to follow immediately after Section 115 thereof, and to
read as follows:

115A. (Acts Prohibited, In General). No retailer or wholesaler,
with intent to injure a competitor or competitors, or with intent to
destroy or substantially lessen competition, shall sell at retail or
wholesale cigarettes at less than cost to the retailer or wholesaler,
as the case may be, either directly or indirectly by any means or
device whatever, including but not limited to a rebate in price or
a concession of any kind in connection with the sale of cigarettes.

115B. (Definitions—Persons and Transactions Included, In Gen-
real). As used in this sub-title: (a) "Cigarettes" includes any roll
for smoking made wholly or in part of tobacco irrespective of size
or shape and whether or not such tobacco is flavored, adulterated
or mixed with any other ingredient, where such roll has a wrapper
or cover made of paper or any other material except tobacco.
Cigarettes shall not be construed to include cigars.

(b)  "Retailer" includes any person in the business of making
sales of cigarettes at retail in this State whether at a store, stand,
booth or concession or through vending machines or otherwise.

(c)  "Wholesaler" includes any person in the business of making
$ales of cigarettes at wholesale in this State whether such cigarettes
have been purchased directly from the manufacturer or from any
other person.

(d)  "Vending Machine Operator" includes any person who shall
sell, barter, exchange, offer for sale, have in possession with intent
to sell tobacco products, at retail exclusively, through the medium
of a vending machine or any mechanical device used for dispensing
cigarettes and who shall own and operate vending machines or
mechanical devices on 40 or more premises, and shall service said
machines by the maintenance of an established place of business
for the purchase of cigarettes, including but not limited to, the
maintenance of warehousing facilities for the storage and distribu-
tion of cigarettes.

(e)  "Sell" includes advertise, offer to sell, or offer for sale.

(f)  "Sell cigarettes at retail", "Sale of cigarettes at retail" or
"Retail sale of cigarettes" and similar expressions include any sale
whereby cigarettes are sold for a valuable consideration (including
exchange or barter and sales through vending machines) made in
the ordinary course of trade or the usual conduct of the seller's
business to the purchaser for consumption or use other than resale.

(g)  "Sell cigarettes at wholesale", "Wholesale sales of cigarettes",
"Sales of cigarettes at wholesale", and similar expressions include any
sale whereby cigarettes are sold for a valuable consideration, in the
ordinary course of trade or in the usual conduct of the seller's
business to a retailer (other than a vending machine operator as
herein defined) for the bona fide purpose of resale, and include any
such transfer of cigarettes on consignment or otherwise where title
is retained by the seller as security for the payment of the purchase
price.