Maine Revised Statutes Title 36 Sec. 4366-C – Sales of cigarettes in contravention of law
Current as of: 2023 | Check for updates
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1. Cigarettes; stamps not affixed. A distributor may not offer for sale, sell or affix a stamp to a package of cigarettes if the package:
A. Does not comply with the Federal Cigarette Labeling and Advertising Act, 15 United States Code § 1331, et seq., for the placement of labels, warnings or any other information for a package of cigarettes to be sold within the United States; [PL 1999, c. 616, §3 (NEW).]
B. Is labeled “For Export Only,” “U.S. Tax Exempt,” “For Use Outside U.S.” or with other wording indicating that the manufacturer did not intend that the product be sold in the United States; [PL 1999, c. 616, §3 (NEW).]
C. Has been altered by adding or deleting wording, labels or warnings described in paragraphs A and B; [PL 1999, c. 616, §3 (NEW).]
D. Has been imported into the United States in violation of 26 United States Code § 5754; or [PL 1999, c. 616, §3 (NEW).]
E. In any way violates federal trademark or copyright laws. [PL 1999, c. 616, §3 (NEW).]
[PL 2007, c. 438, §97 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 36 Sec. 4366-C
- Cigarette: means a cigarette, as defined in Section 5702 of the Code. See Maine Revised Statutes Title 36 Sec. 4361
- Code: means the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2022. See Maine Revised Statutes Title 36 Sec. 111
- Distributor: means any person engaged in this State in the business of producing or manufacturing cigarettes in this State, importing cigarettes into this State, making delivery sales or making wholesale purchases or sales of cigarettes in this State on which the tax imposed by this chapter has not been paid. See Maine Revised Statutes Title 36 Sec. 4361
- sell: includes or applies to gifts, exchanges and barter. See Maine Revised Statutes Title 36 Sec. 4361
- Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Deceptive practice. Selling a package of cigarettes described in subsection 1, with or without a stamp, is an unfair or deceptive act or practice under the Maine Unfair Trade Practices Act.
[PL 1999, c. 616, §3 (NEW).]
2-A. Shipment only to licensed retailers. A distributor may not sell or offer to sell cigarettes to a retailer unless the retailer has provided documentation to the distributor that the retailer holds a current retail tobacco license issued under Title 22, section 1551?A.
[PL 2007, c. 172, §1 (NEW).]
3. Penalties. The following penalties apply to violations of this section.
A. A distributor who violates this section commits a Class E crime. [PL 2007, c. 438, §97 (AMD).]
B. A distributor who violates this section when the distributor has one or more prior convictions for violation of this section commits a Class D crime. Title 17?A, section 9?A governs the use of prior convictions when determining a sentence. [PL 2007, c. 438, §97 (AMD).]
Violation of this section is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A.
[PL 2007, c. 438, §97 (AMD).]
SECTION HISTORY
PL 1999, c. 616, §3 (NEW). PL 2003, c. 452, §U15 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2007, c. 172, §1 (AMD). PL 2007, c. 438, §97 (AMD).