Sec. K-1. 22 MRSA §47, as amended by PL 1991, c. 797, §6, is repealed and the following enacted in its place:
§47. Penalties and jurisdiction
1. Hinder, obstruct or interfere with agent. A person who hinders, obstructs or interferes with an officer, inspector or duly authorized agent of the department while in the performance of the officer's, inspector's or agent's duties commits a Class E crime.
2. Violation of order, rule or regulation. A person who violates an order, rule or regulation of the department made for the protection of life or health under law commits a Class E crime unless otherwise provided in this Title.
3. Violation of Title. Unless another penalty has been expressly provided, a person who violates a provision of this Title or intentionally or knowingly fails, neglects or refuses to perform any of the duties imposed upon that person by this Title commits a Class E crime.
4. Strict liability. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. K-2. 22 MRSA §49 is enacted to read:
§49. Certificate of commissioner as evidence
A certificate of the commissioner in regard to the records of the department is admissible in evidence in all prosecutions under this Title.
Sec. K-3. 22 MRSA §690, sub-§1, as enacted by PL 1983, c. 345, §§13 and 14, is repealed and the following enacted in its place:
1. Criminal penalties. A person who intentionally or knowingly:
A. Violates a provision of this Act, or a rule or order of the department in effect pursuant to this Act, commits a Class D crime; or
B. Violates a term, condition or limitation of a license or registration certificate issued under this Act, or commits a violation for which a license or registration certificate may be revoked under rules issued pursuant to this Act, commits a Class D crime.
Sec. K-4. 22 MRSA §1554, as enacted by PL 1995, c. 470, §9 and affected by §19, is repealed.
Sec. K-5. 22 MRSA §1554-A, as amended by PL 1997, c. 305, §3, is repealed and the following enacted in its place:
§1554-A. Sale of unpackaged cigarettes
1. Prohibition. A person may not:
A. Sell cigarettes except in the original sealed package in which they were placed by the manufacturer, which may not be smaller than 20 cigarettes per package; or
B. Sell cigarettes in smaller quantities than placed in the package by the manufacturer.
2. Penalty; employee. A person who violates this section commits a civil violation for which a fine of not less than $10 and not more than $100 may be adjudged. In all cases of violations, the court shall impose a fine that may not be suspended, except pursuant to Title 15, section 3314.
3. Penalty; employer. The employer of a person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged. In all cases of violations, the court shall impose a fine that may not be suspended.
Sec. K-6. 22 MRSA §1554-B is enacted to read:
§1554-B. Sale without valid license; multiple violations; penalties
1. License required. A person may not engage in retail tobacco sales or in free distribution of tobacco products in the ordinary course of trade in this State without a valid license issued under subchapter 1.
2. Penalties. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $300 plus court costs and not more than $500 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 30 days.
B. A person who violates subsection 1 and, at the time of the violation, has one prior conviction for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $500 plus court costs and not more than $1,000 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 60 days.
C. A person who violates subsection 1 and, at the time of the violation, has 2 or more prior convictions for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $1,000 plus court costs and a term of imprisonment of 60 days. The fine, court costs and term of imprisonment may not be suspended. The court also may impose as a sentencing alternative an additional term of imprisonment of not more than 4 months.
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
4. Prior convictions. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Sec. K-7. 22 MRSA §1555-B, sub-§5, as amended by PL 1997, c. 578, §1, is repealed.
Sec. K-8. 22 MRSA §1555-B, sub-§§5-A to 5-C are enacted to read:
5-A. Possession and use of cigarettes, cigarette papers or tobacco products by minors prohibited. Except as provided in subsection 5-B, a person under 18 years of age may not:
A. Purchase, possess or use cigarettes, cigarette papers or any tobacco product;
B. Violate paragraph A after having previously violated this subsection; or
C. Violate paragraph A after having previously violated this subsection 2 or more times.
5-B. Exception to possession by minor. A person under 18 years of age may transport or permit to be transported in a motor vehicle cigarettes, cigarette papers or tobacco products in the original sealed package in which they were placed by the manufacturer if the transportation is in the scope of that person's employment.
5-C. Use of false identification by minors prohibited. A person under 18 years of age may not:
A. Offer false identification in an attempt to purchase a tobacco product or to purchase, possess or use cigarettes, cigarette papers or any other tobacco product;
B. Violate paragraph A after having previously violated this subsection; or
C. Violate paragraph A after having previously violated this subsection 2 or more times.
Sec. K-9. 22 MRSA §1555-B, sub-§8, as amended by PL 1997, c. 393, Pt. D, §1, is further amended to read:
8. Fines. Violations of this section are subject to fines and forfeitures according to this subsection.
A. A person who violates subsection 1, 2, 3 or 4 commits a civil violation for which a fine of not less than $50 nor and not more than $1,500, plus court costs, may must be adjudged for any one offense. An employer of a person who violates subsection 1, 2, 3 or 4 commits a civil violation for which a fine of not less than $50 nor more than $1,500, plus court costs, may be adjudged. For a violation, the court shall impose a fine that may not be suspended, except Except pursuant to Title 15, section 3314, the fine may not be suspended.
A-1. An employer of a person who violates subsection 1, 2, 3 or 4 commits a civil violation for which a fine of not less than $50 and not more than $1,500, plus court costs, must be adjudged. The fine may not be suspended.
B. A person who violates subsection 5 5-A or 5-C commits a civil violation for which the following forfeitures fines may be adjudged.
(1) For a first offense, a forfeiture fine of not less than $100 and not more than $300 may be imposed. The judge, as an alternative to or in addition to the forfeiture fine permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.
(2) For a 2nd offense, a forfeiture fine of not less than $200 and not more than $500 may be imposed. The judge, as an alternative to or in addition to the forfeiture fine permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.
(3) For all subsequent offenses, a forfeiture fine of $500 must be imposed and that forfeiture fine may not be suspended. The judge, in addition to the forfeiture fine permitted by this subparagraph, may assign the violator to perform specified work for the benefit of the State, the municipality or other public entity or a charitable institution.
C. A person who violates subsection 6 commits a civil violation for which a forfeiture fine of not less than $50 nor and not more than $200 may be adjudged for any one offense.
Sec. K-10. 22 MRSA §1593, as enacted by PL 1977, c. 696, §186, is repealed and the following enacted in its place:
§1593. Sale and use of fetuses
1. Prohibition. A person may not use, transfer, distribute or give away a live human fetus, whether intrauterine or extrauterine, or any product of conception considered live born, for scientific experimentation or for any form of experimentation.
2. Consenting, aiding or assisting. A person may not consent to violating subsection 1 or aid or assist another in violating subsection 1.
3. Penalty. A person who violates this section commits a Class C crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. K-11. 22 MRSA §1597-A, sub-§8, as enacted by PL 1989, c. 573, §2, is repealed and the following enacted in its place:
8. Violations; penalties. The following penalties apply to violations of this section.
A. A person may not knowingly perform or aid in the performance of an abortion in violation of this section. A person who violates this paragraph commits a Class D crime.
B. An attending physician or counselor may not knowingly fail to perform any action required by this section. A person who violates this paragraph commits a civil violation for which a fine of not more than $1,000 may be adjudged for each violation.
Sec. K-12. 22 MRSA §2155, as amended by PL 1995, c. 276, §2, is repealed.
Sec. K-13. 22 MRSA §2155-A is enacted to read:
§2155-A. Prohibitions and penalties
1. Prohibitions. A person may not:
A. Manufacture, sell or deliver, hold or offer for sale any food that is adulterated or misbranded;
B. Violate paragraph A after having previously violated this subsection;
C. Adulterate or misbrand any food;
D. Violate paragraph C after having previously violated this subsection;
E. Receive in commerce any food that is adulterated or misbranded, or deliver or proffer delivery of adulterated or misbranded food for pay or otherwise;
F. Violate paragraph E after having previously violated this subsection;
G. Disseminate any false advertisement;
H. Violate paragraph G after having previously violated this subsection;
I. Refuse to permit entry or inspection, or to permit the taking of a sample as authorized in section 2164;
J. Violate paragraph I after having previously violated this subsection;
K. Give a guaranty or undertaking that is false, except if the person relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom the food was received in good faith;
L. Violate paragraph K after having previously violated this subsection;
M. Remove or dispose of a detained or embargoed article in violation of section 2159;
N. Violate paragraph M after having previously violated this subsection;
O. Alter, mutilate, destroy, obliterate or remove all or any part of the labeling of or do any other act with respect to a food if the act is done while the article is held for sale and results in the article being misbranded;
P. Violate paragraph O after having previously violated this subsection;
Q. Forge, counterfeit, simulate or falsely represent or without proper authority use any mark, stamp, tag, label or other identification device authorized or required by rules adopted under this subchapter; or
R. Violate paragraph Q after having previously violated this subsection.
2. Penalties. The penalties for violating subsection 1 are as follows.
A. Except as otherwise provided in this subsection, a person who violates subsection 1, paragraph A, C, E, G, I, K, M, O or Q commits a civil violation for which a fine of not more than $1,000 may be adjudged.
B. Except as otherwise provided in this subsection, a person who violates subsection 1, paragraph B, D, F, H, J, L, N, P or R commits a civil violation for which a fine of not more than $2,000 may be adjudged.
C. A person who intentionally violates subsection 1, paragraph A, C, E, K, M or O, involving adulterated food, except as adulterated according to section 2156, subsection 2, commits a civil violation for which a fine of not more than $10,000 may be adjudged.
D. A person who intentionally violates subsection 1, paragraph B, D, F, L, N or P, involving adulterated food, except as adulterated according to section 2156, subsection 2, commits a civil violation for which a fine of not more than $20,000 may be adjudged.
E. A person who violates subsection 1, paragraph B involving monosodium glutamate pursuant to section 2157, subsection 13 commits a civil violation for which a fine of not more than $100 may be adjudged.
F. A person who violates subsection 1, paragraph A involving monosodium glutamate pursuant to section 2157, subsection 13 must be issued a warning only.
3. Exceptions. The following paragraphs are exceptions to the application of this section.
A. Carriers subject to the jurisdiction of the Public Utilities Commission or the Interstate Commerce Commission are not subject to subsection 1, paragraph E or F by reason of their receipt, carriage, holding or delivery of foods in the usual course of business as carriers.
B. A person is not subject to the penalties prescribed under subsection 2 for having violated subsection 1, paragraph A, B, E or F if the person establishes a guaranty or undertaking signed by, and containing the name and address of, another person residing in this State from whom the person received in good faith the article, to the effect that the article is not adulterated or misbranded within the meaning of this subchapter, citing this subchapter.
C. A person who is a publisher, radio-broadcast licensee or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, is not liable under this section by reason of the dissemination by the person of the false advertisement, unless the person has refused or neglected on the request of the Commissioner of Agriculture, Food and Rural Resources to furnish the commissioner the name and post office address of the manufacturer, packer, distributor, seller or advertising agency residing in this State who caused the person to disseminate the advertisement.
Sec. K-14. 22 MRSA §2166, as amended by PL 1991, c. 230, §2, is repealed.
Sec. K-15. 22 MRSA §2167, as amended by PL 1991, c. 837, Pt. A, §47, is further amended to read:
No A person, firm or, corporation or copartnership may not operate a food establishment, food salvage establishment or act as a salvage broker unless licensed for that purpose by the commissioner. In the case of retail food establishments, licenses issued shall must be displayed in a place visible to customers or other persons using a licensed establishment.
In addition to the sanctions authorized in section 2172, any a person, firm or, corporation who or copartnership that violates this licensing requirement or any condition placed on any such a license commits a civil violation for which a forfeiture fine of not more than $500 may be adjudged for each offense and, in addition, the commissioner may suspend, revoke or refuse to renew any such license in accordance with Title 5, chapter 375, subchapter V 5.
Sec. K-16. 22 MRSA §2172, sub-§1, ¶C, as enacted by PL 1991, c. 837, Pt. A, §49, is amended to read:
C. Any A person, corporation, firm or copartnership that operates any may not operate a food establishment or food salvage establishment without first obtaining a license as required by this chapter must be punished, upon conviction, by a fine of not less than $10 nor more than $100, and upon 2nd or subsequent conviction, must be punished by a fine of not less than $100. Each day any person, corporation, firm or copartnership operates without obtaining a license constitutes a separate offense. Violation of this paragraph is a civil violation for which a fine of not less than $10 and not more than $100 may be adjudged. Each day of operation without a license constitutes a separate offense.
Sec. K-17. 22 MRSA §2172, sub-§1, ¶C-1 is enacted to read:
C-1. A person, corporation, firm or copartnership may not operate a food establishment or food salvage establishment without first obtaining a license as required by this chapter after having previously violated paragraph C. Violation of this paragraph is a civil violation for which a fine of not less than $100 may be adjudged. Each day of operation without a license constitutes a separate offense.
Sec. K-18. 22 MRSA §2383, as amended by IB 1999, c. 1, §6, is further amended to read:
1. Marijuana. Except as provided in section 2383-B, subsection 5, possession of a usable amount of marijuana is a civil violation for which a forfeiture of not less than $200 nor more than $400 must be adjudged for the first offense a person may not possess marijuana. A forfeiture of $400 must be adjudged for the 2nd and subsequent offenses within a 6-year period.
A. A person who possesses a usable amount of marijuana commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
B. A person who possesses a usable amount of marijuana after having previously violated this subsection within a 6-year period commits a civil violation for which a fine of $400 must be adjudged.
2. Butyl nitrite and isobutyl nitrite. Possession of A person who possesses a usable amount of butyl nitrite or isobutyl nitrite is commits a civil violation for which a forfeiture fine of not more than $200 may be adjudged.
Sec. K-19. 22 MRSA §2389, sub-§2, as enacted by PL 1997, c. 382, §1, is amended to read:
2. Minor may not transport drugs. A Unless possession of the drug is expressly authorized by this Title or Title 32, a minor may not knowingly transport or knowingly permit to be transported a drug in a motor vehicle under the minor's control unless possession of the drug is expressly authorized by this Title or Title 32.:
A. Knowingly transport or knowingly permit to be transported a drug in a motor vehicle under the minor's control;
B. Violate paragraph A after having previously violated this subsection; or
C. Violate paragraph A after having previously violated this subsection 2 or more times.
Sec. K-20. 22 MRSA §2492, as amended by PL 1983, c. 553, §19, is repealed and the following enacted in its place:
1. License required. A person, corporation, firm or copartnership may not conduct, control, manage or operate the following establishments for compensation, directly or indirectly, without a license issued by the department:
A. An eating establishment;
B. An eating and lodging place;
C. A lodging place;
D. A recreational camp; or
E. A camping area.
Licenses issued must be displayed in a place readily visible to customers or other persons using a licensed establishment.
2. Violation. A person, corporation, firm or copartnership may not:
A. Violate subsection 1; or
B. Violate subsection 1 after having previously violated subsection 1.
3. Camping area; presumption. If a camping area consists of 5 or more tents or recreational vehicles on a commercial lot, it is presumed that the owner or renter of the lot is receiving compensation for the use of a camping area. The owner or renter may rebut the presumption if the owner or renter presents a preponderance of evidence to the contrary.
Sec. K-21. 22 MRSA §2708, sub-§1 is amended to read:
1. Intentional or knowing falsification. Any A person who willfully intentionally or knowingly falsifies, willfully provides false information, makes or alters any certificate or certified copy except as provided for in this Title, or who knowingly possesses and uses any such false or altered certified copy, or knowingly possesses and uses as his own, any certificate or certified copy pertaining to another person, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 and not more than $1,000 or by imprisonment for not more than one year, or by both commits a Class E crime.
Sec. K-22. 22 MRSA §2708, sub-§1-A is enacted to read:
1-A. Knowing possession, use. A person who knowingly possesses and uses a false or altered certificate or certified copy or knowingly possesses and uses as that person's own a certificate or certified copy pertaining to another person commits a Class E crime.
Sec. K-23. 22 MRSA §2708, sub-§2, as amended by PL 1987, c. 382, is repealed and the following enacted in its place:
2. General. A person may not:
A. Refuse to provide information required by this Title, violate a provision of this Title having to do with the registration of vital statistics or neglect or refuse to perform a duty imposed upon that person by this Title having to do with the registration of vital statistics. Violation of this paragraph is a Class E crime; or
B. Violate paragraph A after having been previously convicted of violating this subsection. Violation of this paragraph is a Class D crime. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. K-24. 22 MRSA §2708, sub-§3 is enacted to read:
3. Disposition of dead body without permit. A person may not:
A. Knowingly transport or accept for transportation, interment or other disposition a dead body without an accompanying permit issued in accordance with this Title. Violation of this paragraph is a Class E crime; or
B. Violate paragraph A after having been previously convicted of violating this subsection. Violation of this paragraph is a Class D crime. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Sec. K-25. 22 MRSA §4314, sub-§6, as enacted by PL 1983, c. 577, §1, is amended to read:
6. Refusal; penalty. Any A person who refuses upon request to provide such information under this section without just cause commits a civil violation for which a forfeiture fine of not less than $25 nor and not more than $100 may be adjudged to be recovered in a civil action in any court of competent jurisdiction. Any person who willfully renders false information to an administrator is guilty of a Class E crime.
Sec. K-26. 22 MRSA §4314, sub-§7 is enacted to read:
7. False information; penalty. A person who intentionally or knowingly renders false information under this section to an administrator commits a Class E crime.
Sec. K-27. 22 MRSA §7702-A, sub-§2, as enacted by PL 1999, c. 363, §3, is repealed and the following enacted in its place:
2. Civil penalties. The following penalties apply to the following violations:
A. A person who violates section 7703 or 8603 or rules adopted pursuant to those sections commits a civil violation for which a fine of not more than $500 may be adjudged.
B. A person who violates rules governing child-to-staff ratios adopted under section 8302-A, subsection 1, paragraph A or subsection 2, paragraph G commits a civil violation for which a fine of not more than $500 per incident or $500 per number of children above the limitation set by rule, or both, may be adjudged.
Sec. K-28. 22 MRSA §8705, sub-§1, as amended by PL 2001, c. 457, §11, is further amended to read:
1. Rulemaking. The board shall adopt rules setting a schedule of forfeitures fines for failure to file data as required and failure to pay assessments, and willful intentional, knowing or negligent failure to safeguard the identity of patients or providers. The rules may contain procedures for monitoring compliance with this chapter.
Sec. K-29. 22 MRSA §8705, sub-§2, as amended by PL 2001, c. 457, §12, is repealed and the following enacted in its place:
2. Fines. Except for circumstances beyond a person's or entity's control:
A. When a person or entity that is a health care facility, payor, 3rd-party administrator or carrier that provides only administrative services for a plan sponsor violates the requirements of this chapter, that person or entity commits a civil violation for which a fine of not more than $1,000 per day may be adjudged. A fine imposed under this paragraph may not exceed $25,000 for any one occurrence; or
B. A person or entity not covered by paragraph A that violates the requirements of this chapter commits a civil violation for which a fine of not more than $100 per day may be adjudged. A fine imposed under this paragraph may not exceed $2,500 for any one occurrence.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
