2466

LAWS OF MARYLAND

Ch. 240

(2) OTHERWISE ADMINISTER AND ENFORCE THIS
SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 66.

In subsection (b)(1) of this section, the phrase
"making and selling" is substituted for the
phrase "manufacture and sale" in light of the
definitions of "make" and "sell" in § 11-401 of
this subtitle.

11-403.     RESERVED.

11-404.    RESERVED.

PART II. LICENSING

11-405.     LICENSE REQUIRED; EXCEPTIONS.

(A)  LICENSE REQUIRED.

EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A PERSON
SHALL BE LICENSED BY THE DEPARTMENT BEFORE ENGAGING IN THE
BUSINESS OF:

(1) SELLING, MAKING, OR RENOVATING BEDDING,
UPHOLSTERED FURNITURE, OR FILLING MATERIAL; OR

(2) DISINFECTING BEDDING, BEDDING COMPONENT
PARTS, OR FILLING MATERIAL.

(B)  EXCEPTIONS.

THIS SECTION DOES NOT APPLY TO:

(1)  A RETAILER, UNLESS THE RETAILER IS AN
IMPORTER; OR

(2)  A WHOLESALER WHO SELLS ONLY BEDDING OR
UPHOLSTERED FURNITURE THAT IS MADE BY A MANUFACTURER
LICENSED UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 67A(b), (d), (e), (f), the first sentence
of (a), and the first sentence of (c).

In subsection (a) of this section, the former
reference to types of licenses is deleted as
inaccurate, because, in practice, the Department
issues the same type of license to, e.g., an
importer or a manufacturer.