Sec. 1. 10 MRSA c. 205-A is enacted to read:

CHAPTER 205-A

UNUSED PROPERTY MARKETS

§1210.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Baby food.__"Baby food" or "infant formula" means any food manufactured, packaged and labeled specifically for sale for consumption by a child under 2 years of age.

2.__Medical device.__"Medical device" means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool or other similar or related article, including any component part or accessory required under federal law to bear the label "Caution: Federal law requires dispensing by or on the order of a physician," which is required under federal law to be prescribed by a practitioner as a medical device intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease in man or animals or is intended to affect the structure or any function of the body of man or animals but that does not achieve any of its principal intended purposes through chemical action within or on the body of man or animals and that is not dependent upon being metabolized for achievement of any of its principal intended purposes.

3.__New and unused property.__"New and unused property" means tangible personal property that is acquired by an unused property merchant directly from the producer, manufacturer, wholesaler or retailer of the property in the ordinary course of business and that has never been used since its production or manufacture or that is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured.

4.__Nonprescription drug or over-the-counter drug.__ "Nonprescription Drug" or "over-the-counter drug" means any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, properly labeled and unadulterated in accordance with the requirements of the state food and drug laws and the federal Food, Drug and Cosmetic Act.__"Nonprescription drug" does not include herbal products, dietary supplements, botanical extracts or vitamins.