LD 1587
pg. 6
Page 5 of 9 PUBLIC Law Chapter 439 Page 7 of 9
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LR 1819
Item 1

 
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
an agent and shall further provide proof to the satisfaction of
the Attorney General of the appointment of a new agent no less
than 5 days prior to the termination of an existing agent
appointment.__In the event an agent terminates that agent's
appointment by the nonparticipating manufacturer, the
nonparticipating manufacturer shall notify the Attorney General
of the termination within 5 days and shall include proof to the
satisfaction of the Attorney General of the appointment of a new
agent.

 
9.__Reporting by distributors.__No later than 20 days after
the end of each calendar quarter and more frequently if so
directed by the Attorney General, each distributor shall submit
information as the Attorney General requires to facilitate
compliance with this section, including, but not limited to, a
list by brand family of the total number of cigarettes upon which
the distributor affixed tax stamps during the previous calendar
quarter or, in the case of roll-your-own tobacco, the equivalent
stick count for which the distributor paid the tax due.__The
distributor shall maintain all invoices and documentation of
sales of all nonparticipating manufacturer cigarettes and any
other information relied upon in reporting to the Attorney
General for a period of 5 years.


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