CHAPTER 767
S.P. 775 - L.D. 2174
An Act to Protect the Citizens of Maine from the Dangers of Counterfeit Consumer Goods
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, law enforcement agencies and retail merchants in this State have seen increasing evidence that counterfeit goods are being brought into this State to be sold to unsuspecting consumers; and
Whereas, the sale of these counterfeit goods reduces the opportunity of legitimate merchants to compete in the marketplace; and
Whereas, the sale of these counterfeit goods is often undertaken by unlicensed individuals and results in revenue lost to the State; and
Whereas, the use of counterfeit Universal Price Code, "UPC," labels is also increasing in this State and results in revenue lost to the State and to its merchants; and
Whereas, the public health and well-being of the citizens of this State may be threatened by the unauthorized sale of certain consumer goods, such as infant formulas, cosmetics, personal care products, nonprescription drugs and medical devices, at unused property sales or flea markets; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §901, sub-§3, ¶B, as enacted by PL 1975, c. 499, §1, is amended to read:
B. "Mislabeled" means having a label or trademark varying from the standard of truth and disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage. "Mislabeled" includes but is not limited to counterfeiting or the unauthorized reproducing of a trademark.
Sec. 2. 17-A MRSA §901, sub-§3-A is enacted to read:
3-A. A commodity or item bearing marks in violation of this section or personal property, including, but not limited to, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with the violation is contraband and may be seized by a law enforcement officer. A person convicted of a violation of this section forfeits to the State all rights, privileges, interests and claims to property seized under this subsection.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 8, 2000.
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