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(a) Definitions. In this Section, the following words have the meanings indicated:
Child resistant packaging means packaging that is:
(1) designed or constructed to be significantly difficult for children under 5 years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time;
(2) not difficult for normal adults to use properly; and
(3) tested in accordance with the method described in Code of Federal Regulations, Title 16, Section 1700.20, as in effect on March 3, 2015.
Child resistant packaging does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.
Liquid nicotine container means a container that is used to hold liquid containing nicotine in any concentration.
(b) Child resistant packaging required. A retail seller of any liquid nicotine or liquid nicotine container must not sell, resell, distribute, dispense, or give away:
(1) any liquid or gel substance containing nicotine unless the substance is in child resistant packaging; or
(2) any nicotine liquid container unless the container constitutes child resistant packaging.
(c) Exceptions. This Section does not apply to a liquid nicotine container that is sold, marketed, or intended for use in an electronic cigarette if the container is prefilled and sealed by the manufacturer and not intended to be opened by the consumer. (2015 L.M.C., ch. 8, § 2.)
(a) Definition. In this Section, the following words have the meanings indicated:
Distribute means to:
(1) give away, sell, deliver, dispense, or issue;
(2) offer to give away, sell, deliver, dispense, or issue; or
(3) cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.
Manufacturer means an electronic smoking devices manufacturer as defined in Section 16.7-101 of the Business Regulations Article of the Maryland Code.
(b) Unlawful distribution. A manufacturer must not distribute any electronic cigarette to any retail store within 0.5 miles of any middle school or high school in the County. (2020 L.M.C., ch. 11, §1.)
(a) Definition. In this Section, the following words have the meanings indicated:
Characterizing flavor means a distinguishing taste or aroma, other than the taste or aroma of tobacco, imparted either before or during use of an electronic cigarette or component part. Characterizing flavor includes any taste or aroma relating to any fruit, mint, menthol, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. However, an electronic cigarette is not deemed to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
Constituent means any ingredient, substance, chemical, or compound, other than nicotine, tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to an electronic cigarette during the processing, manufacture or packing of the electronic cigarette.
Distribute means to:
(1) give away, sell, deliver, dispense, or issue;
(2) offer to give away, sell, deliver, dispense, or issue; or
(3) cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.
Flavored electronic cigarette means any electronic cigarette or any component part thereof that contains a constituent that imparts a characterizing flavor.
Manufacturer means an electronic smoking devices manufacturer as defined in Section 16.7-101 of the Business Regulations Article of the Maryland Code.
(b) Unlawful distribution. A manufacturer must not distribute any flavored electronic cigarette to any retail store within 0.5 miles of any elementary, middle, or high school, library,, or recreational facility in the County. (2020 L.M.C., ch. 13, §1.)
Secs. 24-17 — 24-21. Reserved.
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*Editor’s note—Article III, §§ 24-22—24-33, entitled “Health Systems Agency,” was repealed by 1985 L.M.C., ch. 44, § 1. 1985 L.M.C., ch. 44, § 2, added a new article, entitled “Health Planning,” §§ 24-22—24-34. In order to avoid duplication of section numbering, the editor has renumbered the final section of the article as § 24- 33A. Prior to its repeal, Article II was derived from the following: 1976 L.M.C., ch. 46, §§ 1, 2; 1977 L.M.C., ch. 8, §§ 1—5, 7, 8; 1977 L.M.C., ch. 28, § 9; 1979 L.M.C., ch. 1, §§ 1—6; 1979 L.M.C., ch. 14, §§ 1—3, 5; 1979 L.M.C., ch. 5, § 1; and 1981 L.M.C., ch. 29, §§ 1—5, 7. Subsequently, 1988 L.M.C., ch. 32, § 1, repealed §§ 24- 22—24-33A; and 1988 L.M.C., ch. 32, § 2, enacted a new Article III, §§ 24-44—24-27.
(a) It is the policy of Montgomery County to protect and promote the public health and safety and general welfare by fostering the development of a health care system that provides financial and geographic access to quality culturally and linguistically competent health care at a reasonable cost for all County residents. To accomplish this purpose, it is essential that plans for maintaining the health of County residents and developing health services to meet the current and future health needs of County residents be prepared, programs to implement these plans be developed and executed, and proposed developments or alterations of health services be publicly reviewed and commented on. Health planning should address the overall health status of County residents, health disparities within social, economic, geographic, racial and ethnic groups, and the effects of social determinants of health on County residents.
(b) This article is intended to organize the manner in which the country conducts its health planning activities. (1988 L.M.C., ch. 32, § 2; 2011 L.M.C., ch. 3, § 1.)
(a) The Montgomery County Commission on Health is established.
(b) In this article, “commission” means the Montgomery County Commission on Health.
(c) The county executive appoints the commission, subject to confirmation by the county council.
(d) The commission must broadly represent the social, economic, linguistic, geographic, cultural and racial characteristics of Montgomery County.
(e) The commission consists of:
(1) Nineteen (19) voting members representing a cross-section of consumers and providers of health care, who are drawn from such populations as the disabled, the elderly, minority groups, the general population, physicians, other health professionals, health care institutions, health care insurers, health maintenance organizations, health professional schools, and the allied health professions. One (1) member must be a member of the Montgomery County Medical Society. The majority of the members must not be providers of health services.
(2) Two nonvoting ex officio members, of whom:
(A) One is a member of the County Council or the Council’s designated representative, if the Council designates a Councilmember or Council representative; and
(B) One is the County health officer.
(f) Each commission member must reside or have a primary place of business in Montgomery County.
(g) The commission must elect a chair from among its members:
(1) Whose term is one (1) year; and
(2) Who may be reelected.
(h) (1) The term of an appointed member is three (3) years. Each term begins on July 1 of the year of appointment. Of the members first appointed, one-third must be appointed for a one-year term, one-third must be appointed for a two-year term and one-third must be appointed for a three-year term.
(2) At the end of a term, an appointed member continues to serve until a successor is confirmed.
(3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is confirmed. (1988 L.M.C., ch. 32, § 2; FY 1991 L.M.C., ch. 9, § 1; 2005 L.M.C., ch. 24, § 1.)
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