| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 32 MRSA c. 112 is enacted to read: |
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| | | As used in this chapter, unless the context otherwise | | indicates, the following terms have the following meanings. |
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| | | 1.__Baby food or infant formula.__"Baby food" or "infant | | formula" means any food manufactured, packaged and labeled | | specifically for sale for consumption by a child under 2 years of | | age. |
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| | | 2. Medical device.__"Medical device" means any instrument, | | apparatus, implement, machine, contrivance, implant, in vitro | | reagent, tool or other similar or related article, including any | | component part or accessory, required under federal law to bear | | the label "Caution: Federal law requires dispensing by or on the | | order of a physician"; that is defined by federal law as a | | medical device and is intended for use in the diagnosis of | | disease or other conditions or in the cure, mitigation, treatment | | or prevention of disease in humans or animals or is intended to | | affect the structure or any function of the body of a human or an | | animal; or that does not achieve any of its principal intended | | purposes through chemical action within or on the body of a human | | or an animal and that is not dependent upon being metabolized for | | achievement of any of its principal intended purposes. |
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| | | 3.__New and unused property.__"New and unused property"__means | | tangible personal property that was acquired by an unused | | property merchant directly from the producer, manufacturer, | | wholesaler or retailer in the ordinary course of business that | | has never been used since its production or manufacture or that | | is in its original and unopened package or container, if such | | personal property was so packaged when originally produced or | | manufactured. |
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| | | 4. Nonprescription drug or over-the-counter drug.__ | | "Nonprescription drug" or "over-the-counter drug" means any non- | | narcotic medicine or drug that may be sold without a prescription | | and is prepackaged for use by the consumer, prepared by the | | manufacturer or producer for use by the consumer and is properly | | labeled and unadulterated in accordance with the requirements of | | the state food and drug laws and the Federal Food, Drug and | | Cosmetic Act.__"Nonprescription drug" or |
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