LD 2073
pg. 15
Page 14 of 63 An Act To Bring Maine's Sales and Use Tax Law into Conformity with the Streamli... Page 16 of 63
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LR 3203
Item 1

 
8-C. Prepaid wireless calling service. "Prepaid wireless
calling service" means a telecommunications service that provides
the right to use mobile wireless service as well as other
nontelecommunications services, including the download of digital
products delivered electronically, content and ancillary
services, that must be paid for in advance and that is sold in
predetermined units of dollars of which the number declines with
use in a known amount. The sale of the service is deemed to occur
on the date of the transfer for consideration of the service.

 
8-D. Prepared food.__"Prepared food" is defined as follows.

 
A. "Prepared food" means:

 
(1) Food sold in a heated state or heated by the
seller;

 
(2) Two or more food ingredients mixed or combined by
the seller for sale as a single item; or

 
(3) Food sold with eating utensils provided by the
seller, including plates, knives, forks, spoons,
glasses, cups, napkins or straws. "Eating utensils"
does not include a container or packaging used to
transport the food.

 
B. "Prepared food" includes food and food ingredients and
dietary supplements, but only when one or more of the
requirements set forth in paragraph A are met. "Prepared
food" includes all alcoholic beverages sold to be consumed
on the premises where sold.

 
C. "Prepared food" does not include:

 
(1) Food that is only cut, repackaged or pasteurized by
the seller;

 
(2) Eggs, fish, meat, poultry and foods containing
these raw animal foods that require cooking by the
consumer as recommended by the United States Food and
Drug Administration in chapter 3, part 401.11 of its
Food Code in order to prevent food-borne illnesses;

 
(3) Food sold by a seller whose proper primary
classification under the North American Industry
Classification System, or a successor system, is food
manufacturing, except for bakeries;

 
(4) Food sold in an unheated state by weight or volume
as a single item; or


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