Sec. 1. 36 MRSA §4383 is enacted to read:

§4383.__Distributor responsibilities

1.__Distributor's determination of manufacturer compliance.__A distributor may not affix, or cause to be affixed, stamps to individual packages of cigarettes sold or distributed by the distributor in this State if the tobacco product manufacturer of those cigarettes has:

A.__Failed to become a participating manufacturer pursuant to Title 22, section 1580-I, subsection 1; and

B.__Failed to create a qualified escrow fund pursuant to Title 22, section 1580-I, subsection 2 for any cigarettes the distributor sold or distributed for that tobacco product manufacturer.

As used in this section, "tobacco product manufacturer" has the same meaning as that term is defined in Title 22, section 1580-H, subsection 9.

2.__Penalties.__A distributor who violates this section is subject to the same penalties as provided in section 4366-B, subsection 4.

SUMMARY

This bill provides an additional tool to enforce compliance with tobacco manufacturers laws, Maine Revised Statutes, Title 22, sections 1580-G to 1580-I. This bill requires a cigarette distributor to confirm that tobacco product manufacturers for whom it distributes cigarettes are in compliance with the law.

A tobacco product manufacturer is in compliance with the law if it participates in the Master Settlement Agreement or it places specified amounts in an escrow fund.