| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 36 MRSA §4366-C is enacted to read: |
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| §4366-C.__Sales of cigarettes in contravention of law |
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| | 1.__Cigarettes; stamps not affixed.__A dealer or distributor | may not affix a stamp to a package of cigarettes if the package: |
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| A.__Does not comply with the Federal Cigarette Labeling and | Advertising Act, 15 United States Code, Section 1331, et | seq., for the placement of labels, warnings or any other | information for a package of cigarettes to be sold within | the United States; |
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| B.__Is labeled "For Export Only," "U.S. Tax Exempt," "For | Use Outside U.S." or with other wording indicating that the | manufacturer did not intend that the product be sold in the | United States; |
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| C.__Has been altered by adding or deleting wording, labels | or warnings described in paragraphs A and B; |
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| D.__Has been imported into the United States in violation of | 26 United States Code, Section 5754; or |
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| E.__In any way violates federal trademark or copyright laws. |
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| | 2.__Deceptive practice.__Selling a package of cigarettes | described in subsection 1, with or without a stamp, is an unfair | or deceptive act or practice under the Maine Unfair Trade | Practices Act. |
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| | 3.__Penalties.__Any dealer or distributor who affixes stamps | to cigarettes in violation of this section is subject to the same | penalties as provided in section 4366-B, subsection 4. |
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| | This bill prevents the sale of so-called "gray market | cigarettes," which are sold in contravention of law. |
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