Md. Code, Business Regulation, Title 10

Md. Code, Business Regulation, Title 10
in effect

Md. Code, Business Regulation § 10-101

(a) In this title the following words have the meanings indicated. (b) (1) “Conveyance” means a carrying or transporting device that has a capacity that exceeds 1,749 gallons exclusive of the fuel supply tank for its own propulsion. (2) “Conveyance” includes a pipeline, tank car, vehicle, and vessel. (c) “Dyed diesel fuel” means diesel fuel that is dyed under U.S. Environmental Protection Agency rules for high sulfur diesel fuel or is dyed under Internal Revenue Service rules for nontaxable use. (d) (1) “Gasoline” means a product that: (i) is used as fuel in a spark ignited, internal combustion engine; or (ii) is designated as gasoline by the Comptroller. (2) “Gasoline” includes: (i) casing head gasoline; (ii) absorption gasoline; (iii) other natural gasoline; and (iv) aviation gasoline, as defined in § 9-101(c) of the Tax - General Article. (e) “Motor fuel” means: (1) gasoline; or (2) special fuel. (f) “Motor vehicle” means a vehicle that: (1) is self-propelled; (2) is designed to be operated on a public highway; and (3) is not operated only on rails. (g) “Petroleum transporter” means a person who transports motor fuel in interstate or intrastate commerce in a conveyance, whether or not the person owns the conveyance. (h) “Producer” means a company, or agent, parent company, subsidiary, or joint venture of a company, that extracts crude oil from the earth. (i) (1) “Propulsion tank” means a receptacle on a motor vehicle from which motor fuel is supplied for the propulsion of the vehicle. (2) “Propulsion tank” includes a fuel supply tank of a motor vehicle. (j) “Refiner” means a person who makes motor fuel from crude oil by changing the physical or chemical characteristics of the crude oil. (k) “Retail service station dealer” means a person who operates a retail place of business where motor fuel is sold and delivered into the fuel supply tanks of motor vehicles. (l) (1) “Special fuel” means a product that is usable as fuel in an internal combustion engine. (2) “Special fuel” does not include gasoline. (m) “Vehicle” means a conveyance for transporting motor fuel on a public highway.

Md. Code, Business Regulation § 10-201

(a) (1) The Comptroller shall administer and enforce this title. (2) The Comptroller may delegate any power or duty of the Comptroller under this title. (b) To enforce this title, the Comptroller may make investigations, hold hearings, examine persons under oath, and receive evidence. (c) To enforce this title, the Comptroller may issue subpoenas for the attendance of witnesses to testify or to produce evidence. (d) (1) For inspection or drawing samples, the Comptroller shall have access, during normal business hours, to: (i) each place where motor fuel is stored for sale; (ii) each conveyance used to transport motor fuel; or (iii) subject to the provisions of paragraph (2) of this subsection, the propulsion tank of any special fuel powered motor vehicle used for business purposes. (2) In the case of the propulsion tank of a vehicle described in paragraph (1)(iii) of this subsection, the Comptroller shall also have access for inspection or drawing samples any time the vehicle is in operation. (3) A denial of access by an agent, owner, or other person who operates such a place, conveyance, or motor vehicle is prima facie evidence of a violation of this title. (e) (1) (i) The Comptroller may detain a motor vehicle, vessel or railroad tank car placed on a customer’s siding for use or storage for the purpose of inspecting the vehicle’s propulsion tanks. (ii) The Comptroller may remove samples of diesel fuel in reasonable quantities necessary to determine the composition of the fuel. (2) The Comptroller may inspect and issue citations to operators of motor vehicles for violations of this subtitle at sites where fuel is, or may be, produced, stored, or loaded into or consumed by motor vehicles including: (i) a terminal; (ii) a fuel storage facility or bulk storage facility that is not a terminal; (iii) a retail fuel facility; (iv) a highway rest stop; and (v) a highway inspection station, weigh station, mobile inspection station, or other similar location designated by the Comptroller.

Md. Code, Business Regulation § 10-202

(a) The Comptroller may adopt regulations necessary to administer and enforce this title. (b) The Comptroller shall adopt regulations to: (1) set minimum specifications for motor fuel marketed in the State consistent with the general practices of other states and the petroleum industry; (2) specify the information to be included on each loading ticket or manifest; and (3) specify the form of identification markers for vehicles and the method of annual validation of the markers.

Md. Code, Business Regulation § 10-203

(a) The Comptroller periodically shall collect or cause to be collected and cause to be analyzed samples of all motor fuel that is: (1) subject to regulation under this title; and (2) stored and offered for sale in the State. (b) The Comptroller shall conduct inspections as provided in a memorandum of understanding on behalf of and in coordination with other agencies when collecting motor fuel samples under this section.

Md. Code, Business Regulation § 10-204

If the Comptroller finds that a person is willfully marketing in the State motor fuel regulated by this title that does not meet minimum specifications set by the Comptroller or otherwise willfully marketing motor fuel in violation of this title or the Tax - General Article or any regulation adopted under this title or the Tax - General Article, the Comptroller: (1) shall order the person to stop the violation, including any sale or distribution; and (2) if the violation continues, shall sue for an injunction to stop the violation.

Md. Code, Business Regulation § 10-205

(a) Except as provided in subsection (b) of this section, the Comptroller need not analyze, collect, inspect, or set minimum specifications for liquefied petroleum gas. (b) If it is necessary to protect the public welfare, liquefied petroleum gas is subject to the same provisions of this title as motor fuel.

Md. Code, Business Regulation § 10-301

(a) In this subtitle the following words have the meanings indicated. (b) “Below cost” means a price that is less than the total of: (1) the most recently published average reseller rack cost of motor fuel by grade and quality, as calculated by the Oil Price Information Service (OPIS), for the particular terminal from which the motor fuel was delivered to the retail service station dealer, or the actual invoice cost from the supplier of the product, whichever is lower; and (2) the freight charges and all applicable federal, State, and local taxes not included in the invoice cost. (c) (1) “Dealer” means a person who: (i) imports any gasoline into the State; (ii) blends, in the State, any gasoline on which the motor fuel tax has not been paid; (iii) refines, in the State, any gasoline on which the motor fuel tax has not been paid; or (iv) acquires, in the State, any gasoline on which the motor fuel tax has not been paid, for: 1. export; or 2. wholesale distribution. (2) “Dealer” includes: (i) the State when it engages in any activities listed in paragraph (1) of this subsection; and (ii) a political subdivision of the State when it engages in any of the activities listed in paragraph (1) of this subsection. (3) “Dealer” does not include a person who brings gasoline into the State in the fuel supply tank of an aircraft, motor vehicle, or vessel. (d) “Manufacturer” means a person who in the State blends gasoline from blend stocks before final sale. (e) “Special fuel seller” has the meaning stated in § 9-301(s) of the Tax - General Article.

Md. Code, Business Regulation § 10-302

(a) All motor fuel stored or offered for sale in the State is subject to inspection and analysis as provided in this title. (b) The analysis shall be made by a testing method approved by the Comptroller.

Md. Code, Business Regulation § 10-303

(a) Before storing or selling motor fuel in the State, a person or governmental unit shall register with the Comptroller. (b) A separate registration is required for each location where a person or governmental unit stores or sells motor fuel. (c) An applicant for registration shall submit to the Comptroller in the form that the Comptroller requires: (1) a statement that the applicant intends to store or sell motor fuel in the State; (2) a statement that the motor fuel, as supplied or bought from the supplier, conforms to the specifications set by the Comptroller; (3) the brand, type, and grade of the motor fuel to be stored or sold; (4) the name and address of the supplier; (5) if applicable, the number of retail nozzles by type of motor fuel; (6) the legal business name and federal identification number of the applicant; and (7) the address of the location where the motor fuel will be stored or sold. (d) (1) The Comptroller shall issue a certificate of registration to each applicant who meets the requirements of this section. (2) The Comptroller shall set the form of the certificate of registration. (e) Registration expires on the first May 31 after its effective date. (f) Each registrant shall display the certificate of registration conspicuously in each location where the registrant stores or sells motor fuel. (g) A certificate of registration issued under this title is not transferable. (h) The Comptroller may waive this section only when consumers in the State otherwise would be subject to extreme hardship during an emergency or civil disturbance.

Md. Code, Business Regulation § 10-304

(a) The Comptroller may not issue a certificate of registration to a retail service station dealer who markets motor fuel through a retail service station altered, enlarged, or structurally modified after July 1, 1977, unless: (1) the station contains an enclosed work area where the service of motor vehicles is offered to customers regardless of whether motor fuel is bought; and (2) the services offered include a battery charge, lubrication, oil change, tire repair, and replacement of accessories such as fan belts, radiator hoses, or wiper blades. (b) Notwithstanding subsection (a) of this section, the Comptroller may issue a certificate of registration to a retail service station dealer who markets motor fuel through: (1) a retail service station that, before it is altered, enlarged, or structurally modified, lacks an enclosed work area; or (2) a retail service station that is altered, enlarged, or structurally modified if the owner and retail service station dealer agree to the elimination of an enclosed work area.

Md. Code, Business Regulation § 10-304.1

§10–304.1. (a) Except as provided in subsection (b) of this section, a retail service station dealer may not sell motor fuel below cost. (b) A retail service station dealer may sell motor fuel below cost if the sale is: (1) made in good faith to meet competition; (2) made as part of a final liquidation or closing of the business of the retail service station dealer; (3) made as part of a bona fide charitable promotion lasting no longer than 2 days; or (4) made under the direction or order of a court or government entity. (c) If the Comptroller receives a complaint in writing that a retail service station dealer is selling motor fuel below cost, the Comptroller shall investigate and determine within 3 business days of the receipt of the complaint whether the allegations contained in the complaint are true. (d) The Comptroller shall issue a stop sale notice and may suspend or revoke the certificate of registration of a retail service station dealer if the Comptroller determines that the retail service station dealer is in violation of this section.

Md. Code, Business Regulation § 10-305

(a) (1) Each dealer, manufacturer, refiner, or special fuel seller who imports motor fuel into the State shall submit to the Comptroller refinery specifications, including additive specifications, without regard to where the additives become part of the motor fuel. (2) The Comptroller may waive this section only when consumers in the State otherwise would be subject to extreme hardship during an emergency or civil disturbance. (b) (1) When submitting refinery specifications, a dealer, manufacturer, refiner, or special fuel seller, with the approval of the Comptroller, may designate 1 or more components of the motor fuel, including an additive, as a trade secret. (2) In determining whether a component is a trade secret, the Comptroller shall consider whether a chemist who uses modern analytical techniques reasonably could be expected to identify the component. (3) The Comptroller shall make every reasonable effort to protect the trade secret.

Md. Code, Business Regulation § 10-306

(a) Before selling motor fuel, each dealer, manufacturer, refiner, special fuel seller, or person operating a facility where motor fuel is stored in bulk for further distribution shall submit to the Comptroller for approval each terminal agreement, each additive specification, and each refinery specification. (b) Before selling motor fuel, each dealer, manufacturer, or refiner shall submit to the Comptroller for approval each exchange agreement, each additive specification, and each refinery specification. (c) The Comptroller may waive this section only when consumers in the State otherwise would be subject to extreme hardship during an emergency or civil disturbance.

Md. Code, Business Regulation § 10-308

(a) Before making the first sale in the State of gasoline imported into the State, the seller shall register with the Comptroller each additive introduced into the gasoline after it was received in the State. (b) The registration shall: (1) include the amount of additive blended into each gallon of gasoline; and (2) describe the additive by including: (i) its trade name, trademark, and manufacturer; (ii) its quantitative analysis; and (iii) the manufacturer’s trade name or other identification. (c) (1) An additive may be introduced into gasoline for resale or distribution by a person who holds a Class “A” dealer license issued in accordance with § 9–322 of the Tax – General Article. (2) The Comptroller may authorize any person who holds a dealer license other than a Class “A” dealer license issued in accordance with § 9–322 of the Tax – General Article to introduce an additive into gasoline for resale or distribution if the person complies with: (i) the requirements of this subtitle; and (ii) regulations adopted by the Comptroller, including regulations: 1. that specify the method for introducing an additive into gasoline, such as in–line blending or any method equal to or superior to in–line blending, as determined by the Comptroller; and 2. that provide for the payment of the motor fuel excise tax under § 9–305 of the Tax – General Article by a licensed dealer.

Md. Code, Business Regulation § 10-309

(a) Before making the first sale in the State of special fuel imported into the State, the seller shall register with the Comptroller each additive introduced into the special fuel after it was received in the State. (b) The registration shall: (1) include the specific amount of additive blended into special fuel; and (2) describe the additive by including: (i) its trade name or trademark; (ii) its quantitative analysis; and (iii) the manufacturer’s trade name or other identification. (c) An additive may only be introduced into special fuel for resale or distribution: (1) by a special fuel seller; and (2) in a manner set by regulation of the Comptroller.

Md. Code, Business Regulation § 10-310

(a) Before making the first sale in the State of a fluid, material, or other item, in a prepackaged form, imported into the State that purports to be a substitute for or improver of motor fuel, the seller shall: (1) submit the item to the Comptroller for inspection; (2) label the item in a way that the Comptroller approves; and (3) obtain authorization for the sale from the Comptroller. (b) In addition to any other information that the Comptroller requires, the seller shall submit to the Comptroller: (1) the trade name, trademark, manufacturer, and place of manufacture of the item; (2) a quantitative analysis of the item; (3) a copy of any patent for the item; (4) proof of all claims made for the item; (5) instructions for use, including dosage; (6) an amount of the item sufficient to be analyzed; and (7) the results of each applicable SAE or ASTM test made on the item. (c) If a material change is made in an item authorized for sale under this section, the item shall be resubmitted to the Comptroller for authorization. (d) The Comptroller shall order the removal from the State of an unauthorized item offered for sale.

Md. Code, Business Regulation § 10-311

(a) Except as provided in subsections (c) and (d) of this section, each retail service station in the State: (1) shall be operated by a retail service station dealer; and (2) may not be operated by a producer or refiner of motor fuel: (i) with a commissioned agent, company personnel, or a subsidiary company; or (ii) under a contract with a person who manages the station on a fee arrangement with the producer or refiner. (b) This section does not apply to facilities that an agricultural cooperative association owns and operates if: (1) the agricultural cooperative association is certified by a bank for cooperatives to be eligible to borrow from the bank under Subchapter III of the federal Farm Credit Act of 1971; (2) the certification is submitted to the Comptroller with the application for registration of a retail service station dealer under this subtitle; (3) the agricultural cooperative association owns the property on which the facilities are located; and (4) on the property, the agricultural cooperative association, as part of its business, sells or provides farm supplies or farm business services or distributes motor fuel in bulk to farmers on farms. (c) A retail service station shall be exempt from subsection (a) of this section for a fiscal year that starts July 1, if: (1) on January 1, 1979, the station was operated by a subsidiary of a producer or refiner of motor fuel; and (2) the gross revenues of the subsidiary from the sale of motor fuel in the State for the preceding calendar year is less than 2% of the gross revenues of the subsidiary from all retail operations in the State for the preceding calendar year. (d) If a dealer has previously operated a retail service station, the Comptroller may adopt regulations that define the circumstances in which a producer or refiner temporarily may operate the station.

Md. Code, Business Regulation § 10-311.1

§10–311.1. (a) A producer or refiner of motor fuel may not include in any agreement or contract entered into with a service station dealer any provision that directly or indirectly limits or waives any right of the dealer to: (1) petition any governmental authority or body; or (2) lawfully advocate or oppose any governmental or regulatory action with respect to any matter. (b) Any provision in an agreement or contract that violates the provisions of subsection (a) of this section is deemed to be void and unenforceable.

Md. Code, Business Regulation § 10-312

Each producer, refiner, or wholesaler of motor fuel who supplies motor fuel to retail service station dealers: (1) shall apply all equipment rentals uniformly to all retail service station dealers supplied; and (2) during periods of shortage: (i) shall apportion uniformly and equitably all gasoline and special fuel to all retail service station dealers supplied; and (ii) may not discriminate among retail service station dealers supplied in their allotments.

Md. Code, Business Regulation § 10-313

Each contractual relationship between a supplier and retail service station dealer shall conform to the Maryland Gasohol and Gasoline Products Marketing Act and the federal Petroleum Marketing Practices Act.

Md. Code, Business Regulation § 10-315

(a) This section supersedes any inconsistent provision of local law. (b) A person who sells motor fuel at retail shall display signs in accordance with this section. (c) (1) All dispensing equipment for motor fuel shall be marked conspicuously to show in numerals of equal size the price, including taxes, of a gallon of the motor fuel offered for sale. (2) If numerals that show a fractional cent are used, the combined height and width of the numerator and denominator shall equal the height and width of the other numerals used. (d) (1) A sign or other means on the premises and approaches to a retail outlet that advertises the retail price of motor fuel: (i) may list the price and each tax separately if the listing of the total of the price and all taxes is the same size as the separate listing of the price; but (ii) shall list the total of the price and all taxes by numerals of uniform size. (2) In the listing of the total of the price and all taxes, a denominator need not be used to indicate a fraction, but: (i) if a denominator is used, the numerator and denominator combined shall be the same size as the numeral that indicates the whole number; or (ii) if a denominator is not used, the numerator shall be the same size as the numeral that indicates the whole number. (e) If the retail price of motor fuel is advertised on a sign or by other means on the premises of and approaches to the retail outlet, the grade designation displayed for any motor fuel in the advertisement shall be the same as the grade designation that is required to be displayed for that motor fuel on the retail dispensing pump as specified by the Comptroller. (f) (1) (i) Each retail service station dealer shall keep a sign on the premises that: 1. prominently displays clearly and visibly, for a whole measurement unit of regular gasoline sold on the premises: A. the credit and debit price, if higher than the cash price; or B. the credit and debit price and the cash price; 2. states the unit of measurement used; and 3. is readable by passing motorists. (ii) The sign required under subparagraph (i) of this paragraph also may prominently display clearly and visibly, for a whole measurement unit of diesel and other motor fuel products sold on the premises: 1. the credit and debit price, if higher than the cash price; or 2. the credit and debit price and the cash price. (2) All numerals on the sign shall: (i) be uniform; (ii) be the same size; (iii) be at least 8 inches high and 3.5 inches wide; and (iv) have a brush stroke of at least 1 inch. (3) A numeral in a fraction or a letter shall be at least one–third the height of a numeral that indicates a whole number. (4) If a new or additional sign is required to comply with this subsection, the supplier of the gasoline shall provide the sign and numerals without cost to the retail service station dealer. (g) A sign required at a service station by this section or any other State or federal law is exempt from the provisions of a local law, ordinance, or regulation for the purpose of determining: (1) the total number of signs permitted; and (2) the area of signs permitted.

Md. Code, Business Regulation § 10-316

The Comptroller shall issue a stop sale notice if the Comptroller finds that a person: (1) stores or sells motor fuel from a location that does not have a valid certificate of registration; (2) willfully uses a motor fuel advertisement that is misleading; (3) willfully markets motor fuel that has not been approved; or (4) sells motor fuel below cost in violation of § 10-304.1 of this subtitle.

Md. Code, Business Regulation § 10-317

(a) The Comptroller may suspend or revoke a registration for a violation of this subtitle, including the submission of a false statement, for a period not exceeding 30 days. (b) If the Comptroller finds that a person has willfully altered, enlarged, or structurally modified a retail service station in violation of § 10-304 of this subtitle, the Comptroller may suspend or revoke the registration until the violation is corrected.

Md. Code, Business Regulation § 10-318

If, because of the marketing of an unapproved product, the Comptroller under § 10-317 of this subtitle suspends or revokes the registration of a retail service station dealer who is without fault, the supplier of the unapproved product is liable in damages to the retail service station dealer in an amount equal to the net operating loss sustained during the period of suspension or revocation.

Md. Code, Business Regulation § 10-319

Before a retail or wholesale delivery of motor fuel may be made in a container, the vehicle operator shall remove all liquid volume of: (1) gasoline, if the next delivery will be special fuel; or (2) special fuel, if the next delivery will be gasoline.

Md. Code, Business Regulation § 10-320

(a) Except as provided in subsection (b) or (c) of this section, a retail service station dealer who reduces the price of motor fuel for self-service shall provide, on request, fueling service at the self-service price to a disabled driver who displays a disabled person’s registration plate or parking permit issued by the Motor Vehicle Administration. (b) This section does not apply to a retail service station dealer who sells motor fuel from: (1) a convenience store that: (i) sells motor fuel through remotely controlled dispensing equipment; and (ii) does not provide fueling service; or (2) a station that: (i) is exclusively self-service; (ii) is operated by 1 cashier; and (iii) has remotely controlled dispensing equipment. (c) This section does not apply to a disabled driver who: (1) is reasonably capable of providing self-service; or (2) drives a motor vehicle that carries another individual who is reasonably capable of providing self-service. (d) A retail service station dealer who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $25.

Md. Code, Business Regulation § 10-321.1

§10–321.1. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 213 OF 2019 ** A person may not sell hydrogen as motor fuel in the State if the hydrogen was produced by natural gas reforming.

Md. Code, Business Regulation § 10-323

(a) A common carrier, contract carrier, manufacturer, refiner, special fuel seller, wholesaler of motor fuel, or person who buys motor fuel in bulk for resale in bulk who is engaged in the transportation of motor fuel may not willfully adulterate or commingle: (1) gasoline with special fuel; or (2) gasoline by brand or grade. (b) Except for motor fuel intended for its own use, a petroleum transporter may not place an additive in motor fuel. (c) This section does not prohibit the adulteration or commingling of gasoline that occurs as a result of transit through a pipeline system.

Md. Code, Business Regulation § 10-323.1

§10–323.1. (a) Every motor fuel distributor required to be registered under this subtitle shall report the volume of sales, for each type of motor fuel sold in this State, made to end users that are exempt from the motor fuel tax. (b) Reporting shall be on a frequency established by the Comptroller through regulations, but may not be more frequent than once per calendar month. (c) Reporting shall be on forms furnished by the Comptroller. (d) Completed reports shall be forwarded to and be received by the Comptroller within 15 calendar days of the end of the report period.

Md. Code, Business Regulation § 10-323.2

§10–323.2. (a) (1) A notice stating “dyed diesel fuel, nontaxable use only” shall be: (i) provided by the terminal operator or distributor to any person that receives dyed diesel fuel at a terminal or distributor rack; (ii) provided by the seller of dyed diesel fuel to its buyer if the fuel is located outside the bulk transfer or terminal system and is not sold from a retail pump on which the notice required by this section has been posted in accordance with item (iii) of this paragraph; and (iii) posted by a seller on any retail pump where the seller sells dyed diesel fuel for use by the buyer of the dyed diesel fuel. (2) The notice required under paragraph (1)(i) or (ii) of this subsection shall be provided at the time of the removal or sale of the dyed diesel fuel and shall appear on shipping papers, bills of lading, and invoices accompanying the sale or removal of the dyed diesel fuel. (3) The Motor Fuel Tax Bureau may determine that compliance with a federal notice provision that is substantially similar to a notice requirement of this subsection satisfies that notice requirement of this subsection. (b) (1) A person may not operate a motor vehicle on a highway in the State with fuel supply tanks containing dyed diesel fuel unless permitted to do so under a federal law or regulation relating to the use of dyed diesel fuel on the highways. (2) (i) A person may not sell or deliver dyed diesel fuel if the person knows or has reason to know that the dyed diesel fuel will be consumed for a prohibited on–highway use. (ii) A person who dispenses dyed diesel fuel from a retail pump that is not properly labeled with the notice required by subsection (a)(1) of this section, or who knowingly delivers dyed diesel fuel into the storage tank of such a pump, shall be presumed to know that the dyed diesel fuel will be consumed on the highway. (c) A person may not: (1) except as provided in subsection (b)(1) of this section, operate a motor vehicle on a highway in the State with dyed diesel fuel in the propulsion tank of the motor vehicle; (2) sell or deliver dyed diesel fuel from a retail pump that is not properly labeled as required under subsection (a) of this section; (3) sell or deliver dyed diesel fuel from a petroleum delivery vehicle into a propulsion tank of a motor vehicle; or (4) refuse to permit inspection of a propulsion tank in accordance with § 10–201(e) of this title. (d) (1) A person is guilty of a violation of this section if the person, whether as a principal, an agent, or an accessory, intentionally: (i) commits a violation of this section; (ii) attempts to commit a violation of this section; (iii) conspires to commit a violation of this section; (iv) aids another in the commission of a violation of this section; or (v) abets another in the commission of a violation of this section. (2) A person is guilty of a violation of this section if the person intentionally: (i) induces another to commit a violation of this section; (ii) causes another to commit a violation of this section; (iii) coerces another to commit a violation of this section; (iv) permits another to commit a violation of this section; or (v) directs another to commit a violation of this section. (e) A person that violates any provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both. (f) In addition to any other penalty provided by law, the Comptroller may assess against any person that violates any provision of this section dealing with the use, sale, transportation, or storage of dyed diesel fuel: (1) for the first violation, a fine of $1,000 or $10 per gallon of dyed diesel fuel involved in the violation, whichever amount is greater; and (2) for a second or subsequent violation, a fine equal to the amount of the penalty assessed under item (1) of this subsection for the first violation multiplied by the total number of violations.

Md. Code, Business Regulation § 10-324

Except as otherwise provided in this subtitle, a person who violates this subtitle or aids or assists in the violation of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

Md. Code, Business Regulation § 10-401

(a) Each petroleum transporter shall register with the Comptroller before transporting motor fuel to or from a place in the State. (b) An applicant for registration shall submit to the Comptroller an application on the form that the Comptroller requires. (c) The Comptroller shall register and issue a letter of registration to each applicant that meets the requirements of this subtitle. (d) A petroleum transporter shall notify the Comptroller of each change in registration information within 5 days of the change.

Md. Code, Business Regulation § 10-403

Subject to the hearing provisions of § 10-404 of this subtitle, the Comptroller may deny registration to an applicant, reprimand a registrant, or suspend or revoke the registration of a petroleum transporter if the applicant or registrant: (1) fraudulently or deceptively obtains or attempts to obtain the registration for the applicant or registrant or for another person; (2) fraudulently or deceptively uses the registration; (3) fails to submit a report required under § 10-410 of this subtitle; (4) submits false information in a report required under § 10-410 of this subtitle; or (5) violates this subtitle.

Md. Code, Business Regulation § 10-404

(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Comptroller takes any final action under this subtitle, the Comptroller shall give the person against whom the action is contemplated an opportunity for a hearing before the Comptroller. (b) The Comptroller shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. (c) The Comptroller may administer oaths in connection with a proceeding under this section. (d) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Comptroller may hear and determine the matter.

Md. Code, Business Regulation § 10-405

A party to a proceeding before the Comptroller who is aggrieved by a final decision of the Comptroller in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

Md. Code, Business Regulation § 10-406

(a) Each vehicle used to transport motor fuel shall be identified on the tank part of the vehicle or another location acceptable to the Comptroller with the name of the petroleum transporter who is registered under this subtitle. (b) The identification must be discernible at 50 feet from each side or from the rear of the vehicle when the vehicle is at rest.

Md. Code, Business Regulation § 10-407

(a) An operator of a vehicle or vessel who gets motor fuel for transport from a marine terminal, pipeline tank farm, place of manufacture, refinery, or other type of bulk storage shall: (1) have a copy of the loading ticket or manifest; and (2) deliver a copy of the loading ticket or manifest to the buyer or consignee of the motor fuel at the time of delivery. (b) A loading ticket or manifest shall accompany each conveyance that leaves a place of loading.

Md. Code, Business Regulation § 10-408

Each petroleum transporter: (1) shall keep for inspection a manufacturer’s certificate of origin that shows the measured calibration by pots or compartments for each vehicle that meets the definition of a conveyance; or (2) if such a certificate is unavailable, shall get and keep for inspection at the request of the Comptroller a certificate from a governmental unit or professional engineer.

Md. Code, Business Regulation § 10-410

Each petroleum transporter required by regulation to report to the Comptroller shall: (1) report monthly on the form required by the Comptroller all motor fuel that the petroleum transporter imports into or exports from the State; (2) keep for 2 years a record of each interstate and each intrastate shipment of motor fuel; (3) on request, provide these records to the Comptroller; and (4) report immediately to the Comptroller the loss of any motor fuel, unless the loss is due to: (i) temperature correction; or (ii) a spill that is reported to another State unit.

Md. Code, Business Regulation § 10-412

(a) In this subtitle, “police officer” means: (1) any uniformed police officer; or (2) any civilian employee of the Department of State Police or of the Maryland Transportation Authority Police Force assigned to enforce this subtitle or any rule or regulation adopted under this subtitle, but only while acting under written authorization of the Secretary of State Police. (b) (1) Subject to the provisions of paragraph (2) of this subsection, any police officer shall have the authority to enforce this subtitle and any rule or regulation adopted under it. (2) A civilian employee of the Maryland Transportation Authority Police Force shall have the authority stated in paragraph (1) of this subsection only if the individual is: (i) acting under the immediate direction and control of a uniformed police officer; and (ii) certified by the Department of State Police to enforce this subtitle and any rule or regulation adopted under it.

Md. Code, Business Regulation § 10-501

(a) Each container of automotive crankcase oil offered for sale at wholesale or retail shall be labeled with the appropriate API/SAE classification and SAE viscosity number, as defined by the API engine service classification system. (b) Each container of crankcase oil or other lubricant that has been used for lubrication and then reclaimed, refined, or reconditioned shall be labeled with the word “reconditioned”.

Md. Code, Business Regulation § 10-502

(a) Except as provided in subsection (b) of this section, a refiner or other supplier of motor fuel to a retail service station may not engage in, sponsor, promote, advertise, or otherwise perform or participate in a game of chance to be marketed or offered to the public at a retail service station in the State. (b) (1) A supplier of motor fuel authorized under this title to supply retail service stations may, at such stations, sponsor, promote, advertise, or otherwise perform or participate in a game of chance if the retail service station dealer agrees to participate in the game of chance. (2) A supplier of motor fuel authorized under this section to conduct a game of chance may not require a retail service station dealer to participate in the game of chance.

Md. Code, Business Regulation § 10-503

(a) In this section, “dirt bike” has the meaning stated in § 21–1128 of the Transportation Article. (b) This section applies only in Baltimore City. (c) A retail service station dealer shall post a sign in a conspicuous location at the retail service station that states: (1) the provisions of the Baltimore City Code that prohibit a service station or any other person from selling, transferring, or dispensing motor fuel for delivery into a dirt bike; and (2) the provisions of § 21–1128 of the Transportation Article that prohibit a person from dispensing motor fuel into a dirt bike. (d) The Comptroller, in consultation with the Washington, Maryland, Delaware Service Station and Automotive Repair Association, shall adopt guidelines for the design of a sign required under this section. (e) If a retail service station dealer does not post a sign as required by this section, the retail service station dealer: (1) for a first offense, shall receive a warning; and (2) for a second or subsequent offense, is subject to a civil penalty of $100.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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