MARVIN MANDEL, Governor                                 351

new language derived without substantive
change from Art. 83, §119(b).

In paragraph (2) of this subsection, the
defined term "retailers" is substituted for
the undefined and somewhat inconsistent
"retail dealers" and "such retail outlets."

In paragraph (2)(i) of this subsection,
reference to wholesalers "who buy directly
from the manufacturer" is deleted as
unnecessary in light of paragraph (1) of this
subsection.

In paragraph (2)(ii) of this subsection, the
phrase "but not limited to" is deleted as
unnecessary, since use of the word "including"
is not intended in any sense to be
exclusionary or limiting. The maxim of
expressio unius est exclusio alterius and
doctrines of similar implication are not
intended, therefore, to be made applicable by
reason of this deletion.

The only other changes are in style.

11-502. EXCEPTIONS.

(A) EXCEPTIONS.

THIS SUBTITLE DOES NOT APPLY TO A RETAIL SALE OF
CIGARETTES OR A WHOLESALE SALE OF CIGARETTES, IF THEY ARE
SOLD:

(1)    AT A BONA FIDE CLEARANCE SALE, ARE SO
ADVERTISED AND MARKED, AND THE QUANTITY IS ACCURATELY,
CLEARLY, AND CONSPICUOUSLY STATED IN ALL ADVERTISING OF
THE SALE AND ON SIGNS CONSPICUOUSLY POSTED WHERE THE SALE
TAKES PLACE;

(2)     AS IMPERFECT, DAMAGED, OR BEING
DISCONTINUED, ARE SO ADVERTISED AND MARKED, AND THE
QUANTITY IS ACCURATELY, CLEARLY, AND CONSPICUOUSLY STATED
IN ALL ADVERTISING OF THE SALE AND ON SIGNS CONSPICUOUSLY
POSTED WHERE THE SALE TAKES PLACE;

(3) ON THE COMPLETE AND FINAL LIQUIDATION OF
THE BUSINESS OF THE SELLER;

(4) UNDER AN ORDER, DIRECTION, OR SUPERVISION
OF A COURT; OR

(5) SUBJECT TO SUBSECTION (B) OF THIS
SECTION, BY A RETAILER OR WHOLESALER AT A PRICE SET IN