| (a) Is of legal age to purchase tobacco products | in the State; |
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| (b) Has made a choice whether to receive mailings | from a tobacco retailer; |
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| (c) Understands that providing false information | may constitute a violation of law; and |
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| (d) Understands that it is a violation of law to | purchase tobacco products for subsequent resale or | for delivery to persons who are under the legal | age to purchase tobacco products. |
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| B.__If an order is made as a result of advertisement over | the Internet, the tobacco retailer shall request the e-mail | address of the purchaser and shall receive payment by credit | card or check prior to shipping. |
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| C.__Prior to shipping the tobacco products, the tobacco | retailer shall verify the information provided under | paragraph A against a commercially available database | derived solely from government records consisting of age and | identity information, including date of birth. |
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| D.__A person who violates this subsection commits a civil | violation for which a fine of not less than $50 and not more | than $1,500 may be adjudged for each violation. |
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| E.__A person who violates this subsection after having been | previously adjudicated as violating this subsection or | subsection 1, 3 or 4 commits a civil violation for which a | fine of not less than $1,000 and not more than $5,000 may be | adjudged. |
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| | 3.__Requirements for shipping a delivery sale.__The following | provisions apply to a tobacco retailer shipping tobacco products | pursuant to a delivery sale. |
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| A.__Prior to shipping, the tobacco retailer shall provide to | the delivery service the age of the purchaser as provided | under subsection 2, paragraph A and verified under | subsection 2, paragraph C. |
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| B.__The tobacco retailer shall clearly mark the outside of | the package of tobacco products to be shipped to indicate | that the contents are tobacco products and to show the name | and State of Maine tobacco license number of the tobacco | retailer. |
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