Md. Code Regs. 02.01.01.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 02.01.01.03 - Definitions

A. "Control" means the possession, direct or indirect, of the power to direct, or cause the direction of, the management and policies of a person, whether through ownership of voting securities, by contract, or otherwise.

B. "Inventory facility" means a physical location, separate and apart from the physical location of the sales agency, where consumer commodities are stored and subject to inventory accounting, and which thereafter are distributed to the physical location of the sales agency.

C. "Members of the immediate family" mean the spouse, son, daughter, parent, brother, and sister of the individual owner.

D. "Multi-unit packages" means packages intended for retail sale containing two or more identically packaged or labeled units of an identical commodity in the same quantity.

E. "Non-intentional technical errors" means inaccuracies in the unit pricing information reflected upon stamps, tags, labels, signs, or lists where these defects have resulted from a malfunction of a printing press, electronic data processing equipment, or other mechanical equipment used to produce these stamps, tags, labels, signs, or lists, or from the mistake of a computer programmer or machine operator, when this malfunction or mistake was not within the knowledge or control of the owner, operator, or management personnel of the store and when this owner, operator, or management personnel could not, with reasonable diligence, have detected and corrected these errors.

F. "Preceding calendar year" means the immediately preceding period, January 1 through December 31.

G. "Sales agency" means any proprietorship, partnership, corporation, or other legal or commercial entity which sells or offers for sale at retail, those consumer commodities defined in the Commercial Law Article, § 14-101(b), Annotated Code of Maryland (hereinafter, the "Unit Pricing Law").

H. "Variety packages" means packages intended for retail sale containing two or more identical packages or units of similar but not identical commodities. Commodities which are generally the same, but which differ in weight, volume, appearance, or quality are considered similar but not identical. Not included within this definition are items under Regulation .07A of this chapter.

Md. Code Regs. 02.01.01.03