Sec. 1. 22 MRSA §1551, sub-§§1-A to 1-D are enacted to read:

1-A.__Consumer.__"Consumer" means an individual who purchases, receives or possesses cigarettes for personal consumption and not for resale.

1-B.__Delivery sale.__"Delivery sale" means:

A.__A sale of cigarettes to a consumer in the State when:

(1)__The purchaser submits the order for the sale by means of a telephonic or other method of voice transmission, the mail or any other delivery service or the Internet or other on-line service; or

(2)__The cigarettes are delivered by use of the mail or other delivery service; or

B.__A sale of cigarettes that satisfies the criteria in paragraph A, subparagraph (1) regardless of whether the seller is located inside or outside of the State.

For purposes of this subsection, a sale of cigarettes to an individual in the State must be treated as a sale to a consumer unless the individual is licensed as a distributor or retailer of cigarettes by the department.

1-C.__Delivery service.__"Delivery service" means a person, including the United States Postal Service, that is engaged in the commercial delivery of letters, packages or other containers.

1-D.__Distributor.__"Distributor" means a person, whether located inside or outside of the borders of the State, other than a retailer, who sells or distributes cigarettes inside the boundaries of the State.__"Distributor" does not include a cigarette manufacturer, export warehouse proprietor or importer with a valid permit under 26 United States Code, Section 5712 (1997) if the person sells or distributes cigarettes in the State only to distributors who hold valid and current licenses under the laws of a state or to an export warehouse proprietor or another manufacturer.__"Distributor" does not include a common or contract carrier that is transporting cigarettes under a proper bill of lading or freight bill that states the quantity, source and destination of cigarettes or a person who ships cigarettes through this State by common or contract carrier under a bill of lading or freight bill.

Sec. 2. 22 MRSA §1551, sub-§2-A is enacted to read: