Md. Code Regs. 14.23.04.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.23.04.03 - Coupons

A. In General.

(1) A coupon may only be provided to the consumer:

(a) At the point of purchase;

(b) Through direct mail;

(c) Through the print media; or

(d) Via a portable data file that is accessible from the Internet.

(2) A licensed wholesaler and retailer and their employees and immediate families may not participate in supplier-sponsored coupon promotions.

(3) A licensed wholesaler and retailer may provide application forms and coupon books to be displayed on retail premises.

(4) A licensed retailer may promote supplier-sponsored coupons in its advertising.

(5) A coupon offer shall have a definite expiration date printed on the coupon certificate.

(6) Multiple coupon offers are permitted.

(7) Coupons shall have wording stating that only individuals 21 years old or older may redeem coupons.

(8) Redemption shall require a proof of purchase.

(9) A monetary coupon offer may not exceed the supplier-to-wholesaler price during the period the coupon offer is in effect.

(10) A coupon offer shall be submitted to the Executive Director upon request.

(11) A coupon offer which the supplier considers questionable shall be submitted to the Executive Director for review before its use in Maryland.

B. Supplier Coupon Records.

(1) Records Availability.

(a) A supplier who maintains an office in Maryland shall maintain records available for inspection by the Executive Director.

(b) A supplier located out-of-State shall make records available to the Executive Director upon request within 48 hours.

(2) Record Requirements.

(a) Documentation shall include:

(i) The method used to distribute the coupon offer;

(ii) The mailing list used to issue the coupon offer;

(iii) The date the coupon went into effect; and

(iv) The date the coupon expires.

(b) Records shall be preserved for 2 years after the date the coupon expires.

(3) Records Designation. A supplier shall:

(a) Designate in writing where the records will be maintained;

(b) Designate in writing the person responsible for maintaining the records; and

(c) Inform the Comptroller when the location or person responsible for the records changes.

(c) Inform the Executive Director when the location or person responsible for the records changes.

Md. Code Regs. 14.23.04.03

Regulation .03 amended and recodified from 03.02.05.03 effective 49:26 Md. R. 1080, eff. 12/26/2022