778                                 Laws of Maryland                        [Ch. 235

is advertised in any manner and the retail price of the package is
stated in the advertisement, there shall be closely and conspicuously
associated with such statement of price a declaration of the basic
quantity of contents of the package as is required by law or regu-
lation to appear on the package. Provided that, where the law or
regulation requires a dual declaration of net quantity to appear on
the package, only the declaration that sets forth the quantity in
terms of the smaller unit of weight or measure need appear in
the advertisement. And provided further, that there shall not be
included as part of the declaration required under this section such
qualifying terms as "when packed," "minimum," "not less than,"
or any other terms of similar import, nor any term qualifying a
unit of weight, measure, or count that tends to exaggerate the
amount of commodity in the package.

21.    Commodity in package form defined.

The term "commodity in package form" as used in this subtitle
shall be understood to mean commodity put up or packaged in any
manner including barrels, bags, sacks, cartons, or other container,
in advance of sale, so as to constitute a unit quantity of the com-
modity, for either wholesale or retail use [exclusive, however, of
an auxiliary shipping container enclosing packages which indi-
vidually conform to the requirements of this subtitle]. An indi-
vidual item or lot of any commodity not in package form as defined
in this section but on which there is marked a selling price based
on an established price per unit of weight or of measure shall be
construed to be commodity in package form. Where the term "pack-
age" is used in this subsection, it shall be construed to mean "com-
modity in package form" as herein defined.

22.    Sale by net weight.

The word "weight" as used in this subtitle in connection with any
commodity shall be understood to mean net weight. [Provided, how-
ever, that the word "weight" and the words "net weight" and "net
quantity," as used in this subtitle in connection with rope, twine
and cordage products, shall foe understood to include gross weight,
and rope, twine and cordage products may be marked and sold under
this subtitle according to gross weight, under such reasonable rules
as the Superintendent may establish, consistent with trade practices
existing in the rope and twine industry.] Whenever any commodity is
sold on the basis of weight, the net weight of the commodity shall
be employed, and all contracts concerning commodities shall be so
construed.

23.    Misrepresentation of price.

Whenever any commodity or service is sold, or is offered, exposed,
or advertised for sale by weight, measure or count, the price shall
not be misrepresented, nor shall the price be represented in any
manner calculated or tending to mislead or deceive an actual or
prospective purchaser. Whenever an advertised, posted, or labeled
price per unit of weight, measure, or count, includes a fraction of
a cent, all elements of the fraction shall be prominently displayed
and the numeral or numerals expressing the fraction shall be imme-
diately adjacent to, of the same general design and style, as, and
at least one-half the height and width of the numerals representing
the whole cents.