748                                          LAWS OF MARYLAND                                  Ch. 243

"Wholesaler" means a person who sells a commodity,
except a producer or retailer.

11—102. Subtitle inapplicable to certain contracts.

As to sale or resale prices, this subtitle does not
apply to a contract:

(1)   Between or among producers or distributors; or

(2)    Except as provided by §11-104(b)(3) and (4),
between or among wholesalers or between or among
retailers.

11-103. Persons who may establish minimum resale price.

Only the owner of the trademark, brand, or name used
in connection with the commodity or a distributor
specifically authorized by the owner may establish a
minimum resale price for a commodity in a contract
entered into under this subtitle.

11—104. Contract relating to resale of commodities at
minimum price.

(a)   Commodities to which minimum price provisions
applicable.

This section applies to a commodity if:

(1)    Its label or container or the vending
equipment from which it is sold to a consumer bears the
trademark, brand, or name of the producer or distributor
of the commodity; and

(2)   It is in free and open competition with
commodities of the same general class produced or
distributed by others.

(b)   Permitted minimum price provisions.

A contract which relates to the sale or resale of a
commodity described in subsection (a) of this section may
contain any of the following provisions:

(1)    That the buyer will not resell the
commodity at less than the minimum price stipulated by
the seller ;

(2)   That the buyer will require any dealer to
whom he resells the commodity to agree that he, in turn,
will not resell the commodity at less than the minimum
price stipulated by the seller;

(3)     That the seller will not sell the
commodity to any retailer, unless the retailer, in turn,
agrees not to resell the commodity except to consumers
for use at not less than the stipulated minimum price;