Ch. 455

2003 LAWS OF MARYLAND

(I)      ANY ESCROW PAYMENT REQUIRED UNDER SUBSECTION 3(A)(2)
OF THE ESCROW ACT FOR ANY PERIOD FOR ANY BRAND FAMILY, WHETHER OR NOT
LISTED BY SUCH NONPARTICIPATING MANUFACTURER, HAS NOT BEEN FULLY PAID
INTO A QUALIFIED ESCROW FUND GOVERNED BY A QUALIFIED ESCROW AGREEMENT
THAT HAS BEEN APPROVED BY THE ATTORNEY GENERAL; OR

(II)     ANY OUTSTANDING FINAL JUDGMENT, INCLUDING INTEREST
ON THE JUDGEMENT JUDGMENT, FOR A VIOLATION OF THE ESCROW ACT HAS NOT
BEEN FULLY SATISFIED FOR THE BRAND FAMILY OR THE MANUFACTURER

(3)      THE COMPTROLLER ATTORNEY GENERAL SHALL UPDATE THE
DIRECTORY AS NECESSARY IN ORDER TO CORRECT MISTAKES AND TO ADD OR
REMOVE A TOBACCO PRODUCT MANUFACTURER OR BRAND FAMILY TO KEEP THE
DIRECTORY IN CONFORMITY WITH THE REQUIREMENTS OF THIS SUBTITLE.

(4)      EACH LICENSED WHOLESALER SHALL PROVIDE AND UPDATE AS
NECESSARY AN ELECTRONIC MAIL ADDRESS TO THE COMPTROLLER ATTORNEY
GENERAL FOR THE PURPOSE OF RECEIVING ANY NOTIFICATIONS AS THAT MAY BE
REQUIRED BY THIS SUBTITLE.

(C) IT SHALL BE UNLAWFUL FOR ANY A PERSON TO MAY NOT:

(1)      AFFIX A STAMP TO A PACKAGE OR OTHER CONTAINER OF
CIGARETTES OF A TOBACCO PRODUCT MANUFACTURER OR BRAND FAMILY NOT
INCLUDED IN THE DIRECTORY; OR

(2)      SELL, OFFER OR POSSESS FOR SALE IN THIS STATE, OR IMPORT FOR
PERSONAL CONSUMPTION IN THIS STATE, CIGARETTES OF A TOBACCO PRODUCT
MANUFACTURER OR BRAND FAMILY NOT INCLUDED IN THE DIRECTORY.

16-505.

(A) (1) ANY NONRESIDENT OR FOREIGN NONPARTICIPATING
MANUFACTURER THAT HAS NOT REGISTERED TO DO BUSINESS IN THE STATE AS A
FOREIGN CORPORATION OR BUSINESS ENTITY SHALL, AS A CONDITION PRECEDENT
TO HAVING ITS BRAND FAMILIES INCLUDED OR RETAINED IN THE DIRECTORY
DESCRIBED IN § 16-504 OF THIS SUBTITLE, APPOINT AND CONTINUALLY ENGAGE
WITHOUT INTERRUPTION THE SERVICES OF AN AGENT IN THE UNITED STATES TO
ACT AS AN AGENT FOR THE SERVICE OF PROCESS ON THE NONRESIDENT OR
FOREIGN NONPARTICIPATING MANUFACTURER

(2)      ANY PROCESS AND ANY ACTION OR PROCEEDING AGAINST THE
NONRESIDENT OR FOREIGN NONPARTICIPATING MANUFACTURER CONCERNING OR
ARISING OUT OF THE ENFORCEMENT OF THIS SUBTITLE OR THE ESCROW ACT MAY
BE SERVED IN ANY MANNER AUTHORIZED BY LAW.

(3)      THE SERVICE OF PROCESS SHALL CONSTITUTE LEGAL AND VALID
SERVICE OF PROCESS ON THE NONPARTICIPATING MANUFACTURER. THE
NONPARTICIPATING MANUFACTURER SHALL PROVIDE, TO THE SATISFACTION OF
THE COMPTROLLER AND THE ATTORNEY GENERAL, THE NAME, ADDRESS, PHONE
NUMBER, AND PROOF OF THE APPOINTMENT AND AVAILABILITY OF THE AGENT TO
THE COMPTROLLER AND THE ATTORNEY GENERAL.

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