LD 1236
pg. 6
Page 5 of 6 PUBLIC Law Chapter 444 LD 1236 Title Page
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LR 1230
Item 1

 
2.__Penalty.__The following penalties apply for violation of this
section.

 
A.__A person who violates this section commits a civil
violation for which a fine of not less than $50 nor more
than $1500 may be adjudged for each violation.__A fine
imposed under this paragraph may not be suspended.

 
B.__An employer of a person who, while working and within
the scope of that person's employment, violates this section
commits a civil violation for which a fine of not less than
$50 nor more than $1,500 may be adjudged for each violation.__
A fine imposed under this paragraph may not be suspended.

 
3.__Enforcement.__The Attorney General may bring an action to
enforce this section in District Court or Superior Court and may
seek injunctive relief, including a preliminary or final
injunction, and fines, penalties and equitable relief and may
seek to prevent or restrain actions in violation of this section
by any person or any person controlling such person.__In
addition, a violation of this section is a violation of the Maine
Unfair Trade Practices Act.

 
4.__Affirmative defense.__It is an affirmative defense to a
prosecution under this section that a person who transported
tobacco products or caused tobacco products to be delivered
reasonably relied on licensing information provided by the
Attorney General under this section.

 
5.__Rulemaking.__The department shall adopt rules to implement
this section.__Rules adopted pursuant to this subsection are
routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.

 
6.__Forfeiture.__Any tobacco product sold or attempted to be
sold in a delivery sale that does not meet the requirements of
this section is deemed to be contraband and is subject to
forfeiture in the same manner as and in accordance with the
provisions of Title 36, section 4372-A.


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