LD 1587
pg. 7
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LR 1819
Item 1

 
necessary to enable the Attorney General to determine whether a
tobacco product manufacturer is in compliance with this section.

 
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.

 
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.

 
15.__Unlawful acts.__It is unlawful for a person to:

 
A.__Sell or distribute cigarettes in violation of subsection
7; or

 
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.

 
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.

 
Each stamp affixed and each offer to sell cigarettes in violation
of subsection 7 constitutes a separate violation.

 
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.

 
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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