Maine Revised Statutes Title 36 Sec. 4404-B – Sales of tobacco products in contravention of law
Current as of: 2023 | Check for updates
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(WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/24)
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/24)
1. Tobacco products. A distributor may not offer for sale or sell tobacco products if the package containing the tobacco products:
A. Is subject to and does not comply with 15 United States Code § 4401, et seq., for the placement of labels, warnings or any other information for a package of tobacco products to be sold within the United States and 26 United States Code § 5723; [PL 2005, c. 627, §11 (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 2005, c. 627, §11 (NEW).]
C. Has been altered by adding or deleting wording, labels or warnings described in paragraphs A and B; [PL 2005, c. 627, §11 (NEW).]
D. Has been imported into the United States in violation of 26 United States Code § 5754; or [PL 2005, c. 627, §11 (NEW).]
E. In any way violates federal trademark or copyright laws. [PL 2005, c. 627, §11 (NEW).]
[PL 2005, c. 627, §11 (NEW).]
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. 4404-B
- 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 a person engaged in the business of producing or manufacturing tobacco products in this State for sale in this State, a person engaged in the business of selling tobacco products in this State who brings, or causes to be brought, into this State any tobacco products for sale to a retailer, a person engaged in the business of selling tobacco products who ships or transports tobacco products to retailers for sale in this State, a retailer who imports, receives or acquires, from a person other than a licensed distributor, tobacco products for sale within the State or a person who makes delivery sales. See Maine Revised Statutes Title 36 Sec. 4401
- Manufacturer: means a person who manufactures and sells tobacco products. See Maine Revised Statutes Title 36 Sec. 4401
- Retailer: means any person engaged in the business of selling tobacco products to ultimate consumers. See Maine Revised Statutes Title 36 Sec. 4401
- Sale: includes a gift for advertising by a person engaged in the business of selling tobacco products. See Maine Revised Statutes Title 36 Sec. 4401
- 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
- Tobacco products: means cigars; cheroots; stogies; electronic smoking devices and liquids used in electronic smoking devices whether or not they contain nicotine; periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; snus; cavendish; plug and twist tobacco; finecut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means. See Maine Revised Statutes Title 36 Sec. 4401
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Shipment only to licensed retailers. A distributor may not sell or offer to sell tobacco products 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 2005, c. 627, §11 (NEW).]
3. Deceptive practice. A distributor that sells tobacco products described in subsection 1, with or without having paid the appropriate tax, commits an unfair or deceptive act or practice under the Maine Unfair Trade Practices Act.
[PL 2005, c. 627, §11 (NEW).]
4. Penalties. The following penalties apply to violations of this section.
A. A distributor that violates this section commits a Class E crime. [PL 2005, c. 627, §11 (NEW).]
B. A distributor that 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 2005, c. 627, §11 (NEW).]
[PL 2005, c. 627, §11 (NEW).]
Violation of this section is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A. [PL 2005, c. 627, §11 (NEW).]
SECTION HISTORY
PL 2005, c. 627, §11 (NEW).