710                             LAWS OF MARYLAND                    [CH. 249

Code," subtitle "Sales," enlarging the definition of "seller" as it
applies to Sections 2-314 through 2-318, abolishing the require-
ment of privity in actions brought under these sections, extending
a seller's expressed or implied warranty to third party beneficiaries
and generally relating to expressed and implied warranties in the
Uniform Commercial Code.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 2-314 and Section 2-318 of Article 95B of the Annotated
Code of Maryland (1964 Replacement Volume), title "Uniform
Commercial Code," subtitle "Sales," be and they are hereby repealed
and re-enacted, with amendments, to read as follows:

2-314.

(1)    Unless excluded or modified (Section 2-316), a warranty that
the goods shall be merchantable is implied in a contract for their
sale if the seller is a merchant with respect to goods of that kind.
Notwithstanding any other provisions of this subtitle, in Sections
2-314 through 2-318 of this subtitle, "seller" shall include the manu-
facturer, distributor, dealer, wholesaler or other middleman, and/or
the retailer; and any previous requirement of privity is abolished
as between the buyer and any of the aforementioned parties in any
action brought by the buyer. Under this section the serving for value
of food or drink to be consumed either on the premises or elsewhere
is a sale.

(2)    Goods to be merchantable must be at least such as

(a)    Pass without objection in the trade under the contract
description; and

(b)    In the case of fungible goods, are of fair average quality
within the description; and

(c)    Are fit for the ordinary purposes for which such goods are
used; and

(d)    Run, within the variations permitted by the agreement, of
even kind, quality and quantity within each unit and among all units
involved; and

(e)    Are adequately contained, packaged, and labeled as the agree-
ment may require; and

(f)    Conform to the promises or affirmations of fact made on the
container or label if any.

(3)    Unless excluded or modified (Section 2-316) other implied
warranties may arise from course of dealing or usage of trade.

2-318.

A seller's warranty whether express or implied extends to any
natural person who is in the family or household of his buyer or
who is a guest in his home or any other ultimate consumer or user
of the goods or person affected thereby if it is reasonable to expect
that such person may use, consume or be affected by the goods and
who is injured in person by breach of the warranty. A seller may
not exclude or limit the operation of this section.