MARVIN MANDEL, Governor                                 355

THE CASE OF SPECIALLY PACKAGED MANUFACTURERS' SAMPLES
WHICH ARE DESIGNATED ON THE PACKAGE AS NOT TO BE SOLD; OR

(4) MAKE ANY REBATE, ADVERTISING ALLOWANCE,
OR ANY OTHER CONCESSION BY ANY MEANS OR DEVICE IN
CONNECTION WITH THE SALE OF CIGARETTES WHEREBY THE
CIGARETTES ARE IN EFFECT SOLD BELOW THEIR COST TO THE
RETAILER OR THEIR COST TO THE WHOLESALER, RESPECTIVELY.

(B) EXCEPTION.

A RETAILER OR WHOLESALER MAY PASS ON TO A PURCHASER
ANY REDUCTION IN COST WHICH RESULTS FROM:

(1)     PAYMENT OR COMPENSATION GIVEN BY A
MANUFACTURER OF CIGARETTES ON A UNIFORM AND
NONDISCRIMINATORY BASIS FOR PROMOTIONAL SERVICES; OR

(2)   ANY COUPON ISSUED AND ULTIMATELY REDEEMED
BY A CIGARETTE MANUFACTURES.

REVISOR'S NOTE: This section presently appears as
Art. 83, §120.

The reference to violations of the UnFair
Sales Act, presently appearing in the
introductory paragraph to Art. 83, §120 is
deleted as inconsistent with §11—509 of this
subtitle.

The only other changes are in style.

11-506. EVIDENCE.

(A)   PRIMA FACIE EVIDENCE OF INTENT.

IN ANY PROCEEDING UNDER THIS SUBTITLE, INCLUDING A
PROCEEDING RELATING TO LICENSES BEFORE THE STATE
COMPTROLLER, PROOF OF A SALE BY A RETAILER OR A
WHOLESALER OF CIGARETTES OR OF ANY OTHER ITEM IN
COMBINATION OR IN CONNECTION WITH CIGARETTES AT LESS THAN
THEIR COST TO THE RETAILER OR THEIR COST TO THE
WHOLESALER, RESPECTIVELY, IS PRIMA FACIE EVIDENCE OF
INTENT TO INJURE A COMPETITOR OR TO DESTROY OR
SUBSTANTIALLY LESSEN COMPETITION.

(B)   EVIDENCE OF COST.

IN DETERMINING COST TO THE RETAILER OR COST TO THE
WHOLESALER, THE STATE COMPTROLLER OR THE COURT SHALL
RECEIVE AND CONSIDER EVIDENCE:

(1) THAT THE PERSON COMPLAINED AGAINST
PURCHASED CIGARETTES AT A FICTITIOUS PRICE OR ON TERMS,