LD 1587
pg. 5
Page 4 of 9 An Act Regarding Distribution of Tobacco Products Page 6 of 9
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LR 1819
Item 1

 
(1)__In the case of a nonparticipating manufacturer, all
escrow payments required pursuant to subchapter 3 for any
period for any brand family, whether or not listed by the
nonparticipating manufacturer, have not been fully
deposited into a qualified escrow fund governed by an
escrow agreement that has been approved by the Attorney
General; or

 
(2)__All outstanding final judgments, including
interest on the judgment, for violations of subchapter
3 have not been fully satisfied for the brand family or
the tobacco product manufacturer.

 
C.__The Attorney General shall update the directory as
necessary in order to correct mistakes and to add or remove
a tobacco product manufacturer or brand family to keep the
directory in conformity with the requirements of this
section.__A determination by the Attorney General not to
list or to remove from the directory a brand family or
tobacco product manufacturer is a final agency action as
defined in Title 5, section 8002.

 
7.__Prohibition against stamping or sale of cigarettes.__It is
unlawful for any person to affix a tax stamp to a package or
other container of cigarettes of a tobacco product manufacturer
or brand family not included in the directory or to distribute,
sell or offer or possess for sale in this State cigarettes of a
tobacco product manufacturer or brand family not included in the
directory.

 
A person who violates this subsection engages in an unfair and
deceptive act in violation of the Maine Unfair Trade Practices
Act.

 
8.__Agent for service of process.__Any nonresident or foreign
nonparticipating manufacturer that has not registered to do
business in the State as a foreign corporation or business entity
shall, as a condition precedent to having its brand families
listed or retained in the directory, appoint and continually
engage without interruption the services of an agent in this
State for the service of process concerning or arising out of the
enforcement of this section and subchapter 3.__Such service
constitutes legal and valid service of process on the
nonparticipating manufacturer.__The nonparticipating manufacturer
shall provide the name, address, phone number and proof of the
appointment and availability of the agent to the Attorney
General.

 
The nonparticipating manufacturer shall provide notice to the
Attorney General 30 days prior to termination of the authority of


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