LD 1236
pg. 3
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LR 1230
Item 1

 
(a) Is of legal age to purchase tobacco products
in the State;

 
(b) Has made a choice whether to receive mailings
from a tobacco retailer;

 
(c) Understands that providing false information
may constitute a violation of law; and

 
(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.

 
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.

 
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.

 
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.

 
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.

 
3.__Requirements for shipping a delivery sale.__The following
provisions apply to a tobacco retailer shipping tobacco products
pursuant to a delivery sale.

 
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.

 
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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