| | |
| 2.__Penalty.__The following penalties apply for violation of this | | section. |
|
| | | A.__A person who violates this section commits a civil | | violation for which a fine of not less than $50 nor more | | than $1500 may be adjudged for each violation.__A fine | | imposed under this paragraph may not be suspended. |
|
| | | B.__An employer of a person who, while working and within | | the scope of that person's employment, violates this section | | commits a civil violation for which a fine of not less than | | $50 nor more than $1,500 may be adjudged for each violation.__ | | A fine imposed under this paragraph may not be suspended. |
|
| | | 3.__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. |
|
| | | 4.__Affirmative defense.__It is an affirmative defense to a | | prosecution under this section that a person who transported | | tobacco products or caused tobacco products to be delivered | | reasonably relied on licensing information provided by the | | Attorney General under this section. |
|
| | | 5.__Rulemaking.__The department 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. |
|
| | | 6.__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. |
|
|