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retailer pursuant to section 4402, subsection 6 that listed the | company from which the retailer obtained tobacco products as being | a licensed distributor. |
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| §4404-B.__Sales of tobacco products in contravention of law |
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| | 1.__Tobacco products.__A distributor may not offer for sale or | sell tobacco products if the package containing the tobacco | products: |
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| A. Is subject to and does not comply with 15 United States | Code, Section 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, Section 5723; |
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| 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; |
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| C. Has been altered by adding or deleting wording, labels or | warnings described in paragraphs A and B; |
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| D. Has been imported into the United States in violation of | 26 United States Code, Section 5754; or |
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| E. In any way violates federal trademark or copyright laws. |
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| | 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. |
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| | 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. |
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| | 4.__Penalties.__The following penalties apply to violations of | this section. |
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| A.__A distributor that violates this section commits a Class | E crime. |
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| 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 |
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