Sec. 1. 36 MRSA §4401, sub-§2, as enacted by PL 1985, c. 783, §16, is amended to read:

2. Distributor. "Distributor" means any person engaged in the business of producing or manufacturing tobacco products in this State for sale in this State, any person engaged in the business of selling tobacco products in this State who brings, or causes to be brought, into this State any tobacco products for sale to a retailer or any person engaged in the business of selling tobacco products who ships or transports tobacco products to retailers for sale in this State or any retailer who imports, receives or acquires, from a person other than a licensed distributor, tobacco products for sale within the State.

Sec. 2. 36 MRSA §4401, sub-§7, as enacted by PL 1985, c. 783, §16, is amended to read:

7. Sale. "Sale" means any transfer, exchange, barter or gift in any manner or by any means whatsoever, for a consideration. It shall include "Sale" includes a gift for advertising by a person engaged in the business of selling tobacco products.

Sec. 3. 36 MRSA §4401, sub-§8, as enacted by PL 1985, c. 783, §16, is repealed.

Sec. 4. 36 MRSA §4401, sub-§9, as enacted by PL 1985, c. 783, §16, is amended to read:

9. Tobacco products. "Tobacco products" means cigars; cheroots; stogies; periques' periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; finecut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but shall does not include tobacco products which that are subject to the tax provided by chapter 703.

Sec. 5. 36 MRSA §4401, sub-§10, as enacted by PL 1985, c. 783, §16, is repealed.

Sec. 6. 36 MRSA §4401, sub-§11, as enacted by PL 1985, c. 783, §16, is amended to read:

11. Wholesale sales price. "Wholesale sales price" means the established price for which a manufacturer sells tobacco