§ 12-402. Placement requirements — In general.

(a) Prohibited placement.

Except as otherwise specified in this subtitle, no establishment that sells tobacco products or electronic smoking devices at retail may display, store, or place any tobacco product or electronic smoking device anywhere that is accessible to customers without the intervention of the seller or an employee of the seller.

(b) Examples of complying placement.

The display, storage, or placement of tobacco products or electronic smoking devices in accord with one of the following methods does not violate subsection (a) of this section:

(1) behind a sales counter in a place that, absent extraordinary efforts, is beyond the physical reach of customers;

(2) in a locked display case for which seller assistance is needed to gain access to products in the case; or

(3) in an overhead merchandise rack that:

(i) at its lowest point, is at least 6 feet above the floor; and

(ii) permits access to products in the rack only from the side facing away from customers.