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Ch. 239
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Martin O'Malley, Governor
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(2) THE DEPARTMENT SHALL PROVIDE A LIST OF REGISTERED
COVERED ELECTRONIC DEVICE MANUFACTURERS TO THE COMPTROLLER IN A
MANNER AGREED ON BY THE DEPARTMENT AND THE COMPTROLLER.
9-1728.1.
(A) IN THIS SECTION, "RETAILER" MEANS ANY PERSON THAT SELLS A
COVERED ELECTRONIC DEVICE TO A CONSUMER.
(B) if A MANUFACTURER IS SUBJECT TO THE REQUIREMENTS OF §§
9-1727 AND 9-1728 OF THIS PART, A RETAILER MAY NOT SELL OR OFFER FOR
SALE TO ANY PERSON IN THE STATE A NEW COVERED ELECTRONIC DEVICE
MANUFACTURED BY THE MANUFACTURER, UNLESS THE MANUFACTURER HAS
COMPLIED WITH THE REQUIREMENTS OF §§ 9-1727 AND 9-1728 OF THIS PART.
9-1729.
The Department may adopt regulations necessary to implement the provisions
of this subtitle, including the required components of a [computer] COVERED
ELECTRONIC DEVICE takeback program.
9-1730.
(A) The provisions and penalties of § 9-342 of this title shall be used and
shall apply to enforce violations of this part.
(b) (1) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, THE
COMPTROLLER MAY ASSESS AGAINST ANY RETAILER THAT VIOLATES §
9-1728.1(B) OF THIS PART A FINE UP TO $5,000 $500 FOR EACH VIOLATION,
BUT NOT EXCEEDING $50,000 $5,000 total.
(2) A FINE UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY BE
ASSESSED ONLY AFTER THE RETAILER THAT COMMITTED THE VIOLATION HAS
BEEN ISSUED THREE WARNINGS REGARDING THE VIOLATION.
(3) EACH DAY ON WHICH A VIOLATION OCCURS OR CONTINUES IS
A SEPARATE VIOLATION UNDER THIS SUBSECTION.
(2)(4) AT THE END OF EACH QUARTER, THE COMPTROLLER
SHALL FORWARD ALL FINES TO THE STATE RECYCLING TRUST FUND IN A
MANNER AGREED ON BY THE DEPARTMENT AND THE COMPTROLLER.
Chapter 384 of the Acts of 2005
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