LD 2073
pg. 17
Page 16 of 63 An Act To Bring Maine's Sales and Use Tax Law into Conformity with the Streamli... Page 18 of 63
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LR 3203
Item 1

 
"Production" includes manufacturing, processing, assembling and
fabricating operations that meet the definitional requisites,
including biological processes that are part of an integrated
process of manufacturing organisms or microorganic materials
through the application of biotechnology.

 
"Production" does not include biological processes except as
otherwise provided by this subsection, wood harvesting
operations, the severance of sand, gravel, oil, gas or other
natural resources produced or severed from the soil or water, or
activities such as cooking or preparing drinks, meals, food or
food products by a retailer for retail sale.

 
9-E. Prosthetic device. "Prosthetic device" means a
replacement, corrective or supportive device worn on or in the
human body in order to artificially replace a missing portion of
the body, prevent or correct physical deformity or malfunction or
support a weak or deformed portion of the body. "Prosthetic
device" includes repair and replacement parts.

 
9-F. Purchase price. "Purchase price" applies to the measure
subject to use tax and has the same meaning as "sale price."

 
9-G. Receive. "Receive," as used in section 1817, means:

 
A. To take possession of tangible personal property;

 
B. To make first use of services; or

 
C. To take possession or make first use of digital goods,
whichever happens first.

 
"Receive" does not include possession by a shipping company on
behalf of the purchaser.

 
10. Retailer. "Retailer" means a person who makes retail
sales or who is required to register by section 1754-A or 1754-B
or who is registered under section 1756.

 
10-A. Retail sale. "Retail sale" means any sale, lease or
rental in the ordinary course of business. "Retail sale" includes
the sale of products for internal human consumption for resale
through vending machines when sold to a person, more than 50% of
whose gross receipts from the retail sale of tangible personal
property are derived from sales through vending machines, in
which case the tax must be paid by the retailer to the State.
"Retail sale" does not include:

 
A. Any casual sale;


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