Sec. 1. 36 MRSA §4366-C is enacted to read:

§4366-C.__Sales of cigarettes in contravention of law

1.__Cigarettes; stamps not affixed.__A dealer or distributor may not 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, Section 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;

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;

C.__Has been altered by adding or deleting wording, labels or warnings described in paragraphs A and B;

D.__Has been imported into the United States in violation of 26 United States Code, Section 5754; or

E.__In any way violates federal trademark or copyright laws.

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.

3.__Penalties.__Any dealer or distributor who affixes stamps to cigarettes in violation of this section is subject to the same penalties as provided in section 4366-B, subsection 4.

SUMMARY

This bill prevents the sale of so-called "gray market cigarettes," which are sold in contravention of law.