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| 5.__Unlawful ordering.__It is unlawful to submit ordering | | information for tobacco products by delivery sale under subsection | | 2, paragraph A in the name of another person.__A person who | | violates this subsection commits a civil violation for which a fine | | of not more than $10,000 may be adjudged. |
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| | | 6. Rulemaking.__The department and the Department of | | Administrative and Financial Services shall adopt rules to | | implement this section.__Rules adopted pursuant to this | | subsection are routine technical rules as defined in Title 5, | | chapter 375, subchapter 2-A. |
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| | | 7.__Forfeiture.__Any tobacco product sold or attempted to be | | sold in a delivery sale that does not meet the requirements of | | this section is deemed to be contraband and is subject to | | forfeiture in the same manner as and in accordance with the | | provisions of Title 36, section 4372-A. |
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| | | 8.__Enforcement.__The Attorney General may bring an action to | | enforce this section in District Court or Superior Court and may | | seek injunctive relief, including a preliminary or final | | injunction, and fines, penalties and equitable relief and may | | seek to prevent or restrain actions in violation of this section | | by any person or any person controlling such person.__In | | addition, a violation of this section is a violation of the Maine | | Unfair Trade Practices Act. |
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| | | §1555-D.__Illegal delivery of tobacco products |
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| | | A person may not knowingly transport or cause to be delivered | | to a person in this State a tobacco product purchased from a | | person who is not licensed as a tobacco retailer in this State, | | except that this provision does not apply to the transportation | | or delivery of tobacco products to a licensed tobacco distributor | | or tobacco retailer.__A person is deemed to know that a package | | contains a tobacco product if the package is marked in accordance | | with the requirements of section 1555-C, subsection 3, paragraph | | B or if the person receives the package from a person listed as | | an unlicensed tobacco retailer by the Attorney General under this | | section. |
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| | | 1.__Lists.__The Attorney General shall maintain lists of | | licensed tobacco retailers and known unlicensed tobacco | | retailers.__The Attorney General shall provide to a delivery | | service lists of licensed tobacco retailers and known unlicensed | | tobacco retailers.__The list of known unlicensed tobacco | | retailers is confidential.__A delivery service that receives a | | list of known unlicensed tobacco retailers shall maintain the | | confidentiality of the list. |
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