| | | (a) Is of legal age to purchase tobacco products | | in the State; |
|
| | | (b) Has made a choice whether to receive mailings | | from a tobacco retailer; |
|
| | | (c) Understands that providing false information | | may constitute a violation of law; and |
|
| | | (d) Understands that it is a violation of law to | | purchase tobacco products for subsequent resale or | | for delivery to persons who are under the legal | | age to purchase tobacco products. |
|
| | | B.__If an order is made as a result of advertisement over | | the Internet, the tobacco retailer shall request the e-mail | | address of the purchaser and shall receive payment by credit | | card or check prior to shipping. |
|
| | | C.__Prior to shipping the tobacco products, the tobacco | | retailer shall verify the information provided under | | paragraph A against a commercially available database | | derived solely from government records consisting of age and | | identity information, including date of birth. |
|
| | | D.__A person who violates this subsection commits a civil | | violation for which a fine of not less than $50 and not more | | than $1,500 may be adjudged for each violation. |
|
| | | E.__A person who violates this subsection after having been | | previously adjudicated as violating this subsection or | | subsection 1, 3 or 4 commits a civil violation for which a | | fine of not less than $1,000 and not more than $5,000 may be | | adjudged. |
|
| | | 3.__Requirements for shipping a delivery sale.__The following | | provisions apply to a tobacco retailer shipping tobacco products | | pursuant to a delivery sale. |
|
| | | A.__Prior to shipping, the tobacco retailer shall provide to | | the delivery service the age of the purchaser as provided | | under subsection 2, paragraph A and verified under | | subsection 2, paragraph C. |
|
| | | B.__The tobacco retailer shall clearly mark the outside of | | the package of tobacco products to be shipped to indicate | | that the contents are tobacco products and to show the name | | and State of Maine tobacco license number of the tobacco | | retailer. |
|
|