Ch. 455                                    2003 LAWS OF MARYLAND

Article - Business Regulation

SUBTITLE 5. ESCROW REQUIREMENTS FOR NONPARTICIPATING TOBACCO PRODUCT

MANUFACTURERS.

16-501.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)     (1) "BRAND FAMILY" MEANS ALL STYLES OF CIGARETTES SOLD UNDER
THE SAME TRADEMARK, REGARDLESS OF WHETHER THE CIGARETTES ARE
DIFFERENTIATED FROM ONE ANOTHER BY MEANS OF ADDITIONAL MODIFIERS OR
DESCRIPTORS SUCH AS "MENTHOL", "LIGHTS", "KINGS", "100S", OR OTHER
DIFFERENTIATION.

(2) "BRAND FAMILY" INCLUDES ANY USE OF A BRAND NAME (ALONE OR
IN CONJUNCTION WITH ANY OTHER WORD) TRADEMARK, LOGO, SYMBOL, MOTTO,
SELLING MESSAGE, RECOGNIZABLE PATTERN OF COLORS, OR ANY OTHER INDICIA
OF PRODUCT IDENTIFICATION IDENTICAL OR SIMILAR TO, OR IDENTIFIABLE WITH, A
PREVIOUSLY KNOWN BRAND OF CIGARETTES.

(C)     "CIGARETTE" HAS THE SAME MEANING AS STATED IN SUBSECTION 2(E) OF
THE ESCROW ACT.

(D)     "COMPTROLLER" MEANS THE COMPTROLLER OF THE STATE OR ANY
AUTHORIZED AGENT OF THE COMPTROLLER WHO IS RESPONSIBLE FOR COLLECTION
OF THE EXCISE TAX ON CIGARETTES.

(E)     "ESCROW ACT" MEANS CHAPTER 169 OF THE ACTS OF THE GENERAL
ASSEMBLY OF 1999 AS AMENDED BY CHAPTER 141 OF THE ACTS OF THE GENERAL
ASSEMBLY OF 2001.

(F)     "LICENSED WHOLESALER" MEANS A WHOLESALER WHO IS LICENSED
UNDER TITLE 16, SUBTITLE 2, OF THIS ARTICLE TO ACT AS A WHOLESALER AND
INCLUDES ANY PERSON WHO IS AN AUTHORIZED AGENT OF THE LICENSED
WHOLESALER FOR THE STAMPING AND DISTRIBUTION OF CIGARETTES.

(G)     "MASTER SETTLEMENT AGREEMENT" HAS THE SAME MEANING AS STATED
IN SUBSECTION 2(F) OF THE ESCROW ACT.

(H) "NONPARTICIPATING MANUFACTURER" MEANS ANY TOBACCO PRODUCT
MANUFACTURER THAT IS NOT A PARTICIPATING MANUFACTURER

(I) "PARTICIPATING MANUFACTURER" HAS THE MEANING AS STATED IN
SECTION II(JJ) OF THE MASTER SETTLEMENT AGREEMENT AND ALL AMENDMENTS
TO THE AGREEMENT.

(J) "QUALIFIED ESCROW FUND" HAS THE SAME MEANING AS STATED IN
SUBSECTION 2(G) OF THE ESCROW ACT.

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