Nicotine Replacement Therapy Products

Baltimore City Code div. Health Code, tit. 12, subtit. 9

in effect

Baltimore City Code, Health Code, § 12-901 Definitions.

§ 12-901. Definitions. (a) In general. In this subtitle, the following terms have the meanings indicated. (b) Nicotine replacement therapy product. “Nicotine replacement therapy product” means an over-the-counter nicotine delivery system, such as gum, patches, sprays, inhalers, or lozenges, which is approved by the United States Food and Drug Administration for the purposes of relieving nicotine withdrawal symptoms. (c) Person. (1) In general. “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Qualified inclusion of governmental entities. Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 12-908 {“Civil Penalties: $100”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. (Ord. 22-125; Ord. 20-364A.)

Baltimore City Code, Health Code, § 12-902 {Reserved}

Baltimore City Code, Health Code, § 12-903 Retailers to offernicotine replacement therapy products for sale.

§ 12-903. Retailers to offernicotine replacement therapy products for sale. (a) “Retailer” defined. In this section, a retailer means any: (1) licensed retailer, as defined in State Business Regulation Article, § 16-201(d) {“Licensed retailer”}; or (2) licensed other tobacco products retailer, as defined in State Business Regulation Article, § 16.5-101(e) {“Licensed other tobacco products retailer”}. (b) Retailer required to offer at least one form of therapy product. A retailer must offer at least one form of nicotine replacement therapy product for sale. (c) Packaging. Any nicotine replacement therapy product offered for sale must be packaged in the smallest quantity available to the retailer. (d) Display. Any nicotine replacement therapy product offered for sale must be prominently displayed near any tobacco products offered for sale. (Ord. 20-364A.)

Baltimore City Code, Health Code, §§ 12-904 to 12-905 {Reserved}

Baltimore City Code, Health Code, § 12-906 Enforcement by citation.

§ 12-906. Enforcement by citation. (a) In general. In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) Process not exclusive. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day a separate offense. Each day a violation continues is a separate offense. (Ord. 20-364A.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/health/12/9Fetched: 10/25/2026