WILLIAM DONALD SCHAEFER, Governor

Ch. 453

(D) (E) "COMMERCIAL GOODS" MEANS, AS THOSE TERMS ARE DEFINED IN
THE WHOLESALE TRADE SECTION OF THE 1987 EDITION OF THE FEDERAL OFFICE OF
MANAGEMENT AND BUDGET'S STANDARD INDUSTRIAL CLASSIFICATION MANUAL,
THE FOLLOWING:

(1) DURABLE GOODS, EXCEPT FOR:

(I) (1) MOTOR VEHICLES AND MOTOR VEHICLE PARTS AND
SUPPLIES;

(II) (2) FURNITURE;

(III) (3) OFFICE EQUIPMENT, COMPUTERS, COMPUTER
PERIPHERAL EQUIPMENT, AND SOFTWARE; AND

(IV) (4) PRERECORDED TAPES, CASSETTES, FILM, AND VIDEOS
AND BOOKS OR OTHER SIMILAR ITEMS FOR WHICH COPYRIGHT PROTECTION MIGHT
BE AVAILABLE;

(2) CHEMICALS AND ALLIED SUPPLIES; AND

(3) PETROLEUM AND PETROLEUM RELATED PRODUCTS THAT ARE NOT
MOTOR FUELS.

(F) "DEFICIENCY" MEANS THE FAILURE OF A DISTRIBUTOR TO COMPLY
SUBSTANTIALLY WITH THE FAIR, REASONABLE, AND MATERIAL REQUIREMENTS
IMPOSED OR SOUGHT TO BE IMPOSED ON THE DISTRIBUTOR BY THE GRANTOR.

(E) (G) (1) "DISTRIBUTOR" MEANS A PERSON:

(I)       WHOSE PRIMARY BUSINESS IS THE WHOLESALE DISTRIBUTION
OF COMMERCIAL GOODS FOR RESALE;

(II)     WHO MAINTAINS AN INVENTORY OF COMMERCIAL GOODS
FOR RESALE; AND

(III)    WHO HAS BEEN GRANTED EITHER EXPRESSLY OR IMPLICITLY
THE RIGHT TO SELL OR DISTRIBUTE A GRANTOR'S COMMERCIAL GOODS IN
MARYLAND FOR RESALE TO RETAILERS OR OTHER RESELLERS OR TO AN
INDUSTRIAL OR COMMERCIAL MANUFACTURER; AND

(IV)     WHO CONDUCTS A SUBSTANTIAL BUSINESS IN MARYLAND.
(2) "DISTRIBUTOR" DOES NOT INCLUDE:

(I)       A SALES REPRESENTATIVE THAT DOES NOT MAINTAIN AN
INVENTORY OF COMMERCIAL GOODS; OR

(II)     A DIRECT SELLER WHOSE WORK IS EXEMPT FROM COVERED
EMPLOYMENT UNDER § 8-206(B) OF THE LABOR AND EMPLOYMENT ARTICLE.

(F) (H) "GRANTOR" MEANS A PERSON, INCLUDING A MANUFACTURER,
THAT GRANTS DISTRIBUTION AND SALES RIGHTS TO A DISTRIBUTOR.

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