MARVIN MANDEL, Governor

339

The venue provision is deleted as unnecessary
in light of the venae provisions of Title 6 of
the Courts Article.

11-308. SHORT TITLE.

THIS SUBTITLE MAY BE CITED AS THE MARYLAND GASOLINE
PRODUCTS MARKETING ACT.

REVISOR'S NOTE: This section presently appears as
Art. 23, §167B.

The only changes are in style.

SUBTITLE 4. UNFAIR SALES ACT.

11-401. DEFINITIONS.

(A)   IN GENERAL.

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

REVISOR'S NOTE: This subsection is new language used
as the standard introductory language to a
definition section.

(B)   COST TO THE RETAILER.

"COST TO THE RETAILER" MEANS THE LESSER OF THE
INVOICE COST OR THE REPLACEMENT COST OF THE MERCHANDISE
TO THE RETAILER; MINUS ANY TRADE DISCOUNT OTHER THAN A
CUSTOMARY DISCOUNT FOR CASH; PLUS

(1)   A FREIGHT CHARGE OTHERWISE NOT INCLUDED
IN THE INVOICE COST OR THE REPLACEMENT COST OF THE
MERCHANDISE;

(2)   A CARTAGE COST TO THE RETAIL OUTLET IF
PERFORMED OR PAID FOR BY THE RETAILER, WHICH, IN THE
ABSENCE OF PROOF OF A LESSER COST, IS 0.75 PERCENT OF THE
COST TO THE RETAILER, AFTER ADDING THE FREIGHT CHARGE BUT
BEFORE ADDING THE CARTAGE COST AND ANY MARKUP;

(3)   A MARKUP TO COVER IS PART THE COST OF
DOING BUSINESS, WHICH, IN THE ABSENCE OF PROOF OF A
LESSER COST, IS 5 PERCENT OF THE COST TO THE RETAILER,
AFTER ADDING THE FREIGHT CHARGE AND THE CARTAGE COST BUT
BEFORE ADDING ANY MARKUP; AND

(4) AN ADDITIONAL MARKUP TO COVER IN PART THE
COST OF DOING BUSINESS, WHICH, IN THE ABSENCE OF PROOF OF
A LESSER COST, IS 2 PERCENT OF THE COST TO THE RETAILER,
AFTER ADDING THE FREIGHT CHARGE AND THE CARTAGE COST BUT