BLAIR LEE III, Acting Governor

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basis insofar as price is concerned.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 11-301(b) through 11-301(f),
respectively, of Article — Commercial Law, of the Annotated
Code of Maryland be renumbered to be Section(s) 11-301(c)
through 11-301(g), respectively.

SECTION 2. AND BE IT FURTHER ENACTED, That section(s)
of the Annotated Code of Maryland be repealed, amended, or
enacted to read as follows:

Article - Commercial Law

11-301.

(B)        "CONTROLLED OUTLET" MEANS AN OUTLET WHICH IS

OPERATED BY A DISTRIBUTOR OR OPERATED BY COMPANY EMPLOYEES,
A SUBSIDIARY COMPANY, COMMISSIONED AGENT, OR BY ANY PERSON
WHO MANAGES THE OUTLET ON A FEE ARRANGEMENT WITH THE
DISTRIBUTOR.

(E) "FARM COOPERATIVE" MEANS A COOPERATIVE ORGANIZED
UNDER SUBTITLE 5 OF TITLE 5 OF THE CORPORATIONS AND
ASSOCIATIONS ARTICLE.

(F) "INDEPENDENT JOBBER" MEANS AN INDIVIDUAL WHO

PURCHASES GASOLINE PRODUCTS FROM A WHOLESALER FOR RESALE TO

A DEALER.

11-304.

(L) (1) A DISTRIBUTOR WHO SETS THE RETAIL PRICE OF
GASOLINE THROUGH CONTROLLED OUTLETS SHALL PROVIDE THOSE
NONCONTROLLED OUTLETS THAT IT SUPPLIES WITH GASOLINE
PRODUCTS AT A WHOLESALE PRICE OF AT LEAST 4 CENTS PER GALLON
UNDER THE LOWEST PRICE POSTED FOR EACH GRADE OF GASOLINE AT
ANY CONTROLLED OUTLET. VIOLATION OF THIS SUBSECTION
CONSTITUTES PRICE DISCRIMINATION AS PROHIBITED BY §11-204(3)
11-204(A)(3) OF THIS ARTICLE.

(2) THE PROVISIONS OF THIS ACT SHALL NOT APPLY
TO INDEPENDENT JOBBERS AND FARM COOPERATIVES.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 29, 1978.

CHAPTER 994
(House Bill 140)