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necessary to enable the Attorney General to determine whether a | tobacco product manufacturer is in compliance with this section. |
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| | 13.__Escrow__installments.__To promote compliance with the | provisions of this section, the Attorney General may adopt rules | requiring a tobacco product manufacturer subject to the | requirements of subsection 3, paragraph A to make the required | deposits in the qualified escrow fund in installments during the | year in which the sales covered by the deposits are made.__The | Attorney General may require sufficient information to enable the | Attorney General to determine the adequacy of the amount of the | installment deposit. |
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| | 14.__Rules.__The Attorney General may adopt rules necessary to | carry out the purposes of this section.__Rules adopted pursuant | to this section are routine technical rules as defined in Title | 5, chapter 375, subchapter 2-A. |
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| | 15.__Unlawful acts.__It is unlawful for a person to: |
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| A.__Sell or distribute cigarettes in violation of subsection | 7; or |
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| B.__Acquire, hold, own, possess, transport, import or cause | to be imported cigarettes that the person knows or should | have known are intended for distribution or sale in the | State in violation of subsection 7. |
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| | 16.__Criminal penalty.__A violation of this section is a Class | E crime except that violation of this section is a Class D crime | when the person has one or more prior convictions for violation | of this section.__For purposes of this subsection, the date of | the prior conviction must precede the commission of the offense | being enhanced by no more than 10 years.__The date of conviction | is deemed the date that sentence is imposed. |
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| Each stamp affixed and each offer to sell cigarettes in violation | of subsection 7 constitutes a separate violation. |
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| | 17.__Contraband; seizure.__Cigarettes that have been sold, | offered for sale or possessed for sale in this State in violation | of subsection 7 are deemed contraband under Title 36, section | 4372-A and the cigarettes are subject to seizure and forfeiture | as provided in section 4372-A.__All cigarettes so seized and | forfeited must be destroyed and may not be resold. |
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| | 18.__Injunction.__The Attorney General may seek an injunction | to restrain a threatened or actual violation of subsection 7, 9 | or 12 and to compel compliance with these subsections. |
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