§ 2981 Definitions
§ 2982 Applicability; authority
§ 2983 Selling below cost
§ 2984 Cost of milk to a dealer
§ 2985 Cost of milk to a retail store
§ 2986 Investigations; hearings; inspections
§ 2987 Rules
§ 2988 Civil action by injured person
§ 2989 Civil action by the commission

Terms Used In Maine Revised Statutes > Title 7 > Part 7 > Chapter 603-A - Destructive Competition

  • Affiliated licensee: means a licensee who is authorized to engage in brokerage activity by and on behalf of a real estate brokerage agency. See Maine Revised Statutes Title 32 Sec. 13271
  • agency: means any person or entity engaged in real estate brokerage services through its designated broker, associates or employees and licensed by the commission as a real estate brokerage agency. See Maine Revised Statutes Title 32 Sec. 13171
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appointed agent: means that affiliated licensee who is appointed by the designated broker of the affiliated licensee's real estate brokerage agency to act solely for a client of that real estate brokerage agency to the exclusion of other affiliated licensees of that real estate brokerage agency. See Maine Revised Statutes Title 32 Sec. 13271
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Automated pharmacy systems: means mechanical systems that perform operations or activities, other than compounding, relative to the storage, packaging, labeling, dispensing or distribution of medications, and systems that collect, control and maintain all transactional information. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Board: means the Maine Board of Pharmacy. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Brokerage agreement: means a contract that establishes the relationships between the parties and the brokerage services to be performed. See Maine Revised Statutes Title 32 Sec. 13271
  • Buyer agent: means a real estate brokerage agency that has entered into a written brokerage agreement with the buyer in a real estate transaction to represent the buyer as its client. See Maine Revised Statutes Title 32 Sec. 13271
  • Chain pharmacist: means an individual who is engaged in the practice of pharmacy within a chain; that is, where there is a corporate grouping of 4 or more pharmacies. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Client: means a person who has entered into a written brokerage agreement with a real estate brokerage agency that has agreed to represent that person and be bound by the duties set forth in section 13272 on behalf of that person. See Maine Revised Statutes Title 32 Sec. 13271
  • Collaborative drug therapy management: includes collecting and reviewing patient histories; obtaining and checking vital signs, including pulse, temperature, blood pressure and respiration; and, under the supervision of, or in direct consultation with, a practitioner, ordering and evaluating the results of laboratory tests directly related to drug therapy when performed in accordance with approved protocols applicable to the practice setting and when the evaluation does not include a diagnostic component. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Collaborative practice agreement: means a written and signed agreement between one or more pharmacists with training and experience relevant to the scope of the collaborative practice and a practitioner that supervises or provides direct consultation to the pharmacist or pharmacists engaging in collaborative drug therapy management that:
A. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Commission: means the Real Estate Commission. See Maine Revised Statutes Title 32 Sec. 13001
  • Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compounding: means the preparation, mixing, assembling, packaging or labeling of a drug or device by a pharmacist:
  • A. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Dangerous substance: means a substance described in section 13731, subsection 2. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • delivery: means the actual, constructive or attempted transfer of a drug or device from one person to another, whether or not for a consideration. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Designated broker: means a broker designated by a real estate brokerage agency to act for the real estate brokerage agency in the conduct of real estate brokerage. See Maine Revised Statutes Title 32 Sec. 13271
  • Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, that is required under federal or state law to be prescribed by a practitioner and dispensed by a pharmacist. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Director: means the director of the Real Estate Commission. See Maine Revised Statutes Title 32 Sec. 13001
  • Disclosed dual agent: means a real estate brokerage agency representing 2 or more clients whose interests are adverse in the same transaction with the knowledge and informed consent of the clients. See Maine Revised Statutes Title 32 Sec. 13271
  • dispensing: means the preparation and delivery of a prescription drug in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug pursuant to a lawful order of a practitioner. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Distribute: means the delivery of a drug other than by administering or dispensing. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Drug: means :
  • A. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Electronic transmission: means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Eligible product developer: means a person that seeks to develop an application for the approval of a drug under the Federal Food, Drug, and Cosmetic Act, Section 505(b) or 505(j) or the licensing of a biological product under the federal Public Health Service Act, Section 351. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Free clinic: means an incorporated nonprofit health facility that provides health care to people at no charge. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Independent pharmacist: means an individual who is engaged in the practice of pharmacy in an independent pharmacy; that is, where there are fewer than 4 pharmacies under the same ownership. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interchangeable biological product: means a biological product that the federal Food and Drug Administration has:
  • A. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Jurisprudence: The study of law and the structure of the legal system.
  • Labeling: means the process of preparing and affixing a label to the outside of any drug container, exclusive of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device. See Maine Revised Statutes Title 32 Sec. 13702-A
  • legend drug: means a drug that:
  • A. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mail order contact lens supplier: means a person or entity, other than an optometrist or physician licensed in this State, that fills contact lens prescriptions by mail or carrier for a patient who resides in this State. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Mail order prescription pharmacy: means an entity that dispenses prescription medications by mail or carrier from a facility not located in this State to a patient who resides in this State. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a device or drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repacking of the substances or labeling or relabeling of its container, except that manufacture does not include the preparation or compounding of a drug by an individual for personal use or the preparation, compounding, packaging or labeling of a drug:
  • A. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Manufacturer: means a person engaged in the manufacture of prescription drugs. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Material fact: means a fact that relates to the transaction and is so substantial and important as to influence the client to whom it is imparted. See Maine Revised Statutes Title 32 Sec. 13271
  • Ministerial acts: means those acts that a real estate brokerage agency performs for a person who is not a client and that are informative or clerical in nature and do not rise to the level of active representation on behalf of the person. See Maine Revised Statutes Title 32 Sec. 13271
  • Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501
  • Nonprescription drugs: means nonnarcotic drugs that may be sold without a prescription and that are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and rules of this State and the Federal Government. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Notice: means written notification served personally, sent by certified mail or sent by first-class mail to the last known address of the person for whom the notification is intended. See Maine Revised Statutes Title 36 Sec. 111
  • Opioid medication: means a controlled substance containing an opioid included in schedule II of 21 United States Code § 812 or Title 21 of the Code of Federal Regulations, Part 1308. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111
  • Pharmacist: means an individual provider of health care services licensed by this State to engage in the practice of pharmacy. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Pharmacist in charge: means a pharmacist who accepts responsibility for the operation of a licensed pharmacy in conformance with applicable laws. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Pharmacy: means :
  • A. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Pharmacy intern: means a person who:
  • A. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Pharmacy technician: means a person employed by a pharmacy who works in a supportive role to, and under the direct supervision of, a licensed pharmacist. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Physician: means an allopathic physician or osteopathic physician. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Place: shall include municipalities, townships and any other unorganized area. See Maine Revised Statutes Title 36 Sec. 501
  • Poison: means an agent that when ingested, inhaled or otherwise absorbed by a living organism is capable of producing a deleterious response seriously injuring function or producing death. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Practice of pharmacy: means the provision of health care services that include the interpretation and evaluation of prescription drug orders; the compounding, dispensing and labeling of drugs and devices, except labeling by a manufacturer, packer or distributor of nonprescription drugs and commercially packaged legend drugs and devices; the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records for these drugs and devices; the administration of vaccines licensed by the United States Food and Drug Administration that are recommended by the United States Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, or successor organization, for administration to adults; the administration to adults by intramuscular and subcutaneous injection of drugs approved by the United States Food and Drug Administration; the performance of collaborative drug therapy management; the responsibility for advising, when necessary or regulated, of therapeutic values, content, hazards and use of drugs and devices; the ordering and dispensing of over-the-counter nicotine replacement products approved by the United States Food and Drug Administration; the prescribing, dispensing and administering of an HIV prevention drug, as defined in section 13786?E, subsection 1, paragraph B, pursuant to a standing order or collaborative practice agreement or to protocols developed by the board; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Practitioner: means an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Prescription drug order: means a lawful written or oral order of a practitioner for a drug or device. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
  • Quorum: The number of legislators that must be present to do business.
  • Real estate: means all estates and lesser interests in land and an existing business if real estate is a part of the business. See Maine Revised Statutes Title 32 Sec. 13001
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Real estate brokerage: means a single instance of offering, attempting to conduct or conducting services on behalf of another for compensation, or with the expectation of receiving compensation, calculated to result in the transfer of an interest in real estate. See Maine Revised Statutes Title 32 Sec. 13001
  • Real estate brokerage agency: means a person or entity providing real estate brokerage services through that person's designated broker, affiliated licensees, associates or employees and licensed by the commission as a real estate brokerage agency. See Maine Revised Statutes Title 32 Sec. 13271
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rural health center: means an incorporated nonprofit health facility that provides comprehensive primary health care to citizens in rural areas. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Seller agent: means a real estate brokerage agency that has entered into a written brokerage agreement with the seller in a real estate transaction to represent the seller as the real estate brokerage agency's client. See Maine Revised Statutes Title 32 Sec. 13271
  • Subagent: means a real estate brokerage agency engaged by another real estate brokerage agency to perform brokerage tasks for a client. See Maine Revised Statutes Title 32 Sec. 13271
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Targeted methamphetamine precursor: means any product containing any amount of ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients:
  • A. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111
  • Tax collector: shall mean any person chosen, appointed or designated by a municipality or the officers thereof to collect any tax due a municipality; or his successor in office. See Maine Revised Statutes Title 36 Sec. 501
  • Taxpayer: means any person required to file a return under this Title or to pay, withhold and pay over or collect and pay over any tax imposed by this Title. See Maine Revised Statutes Title 36 Sec. 111
  • therapeutically equivalent drug: means any drug that has identical amounts of the same active ingredients in the same dosage form and in the same concentration that, when administered in the same amounts, will produce or can be expected to have the same therapeutic effect as the drug prescribed. See Maine Revised Statutes Title 32 Sec. 13702-A
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • Transaction broker: means a real estate brokerage agency that provides real estate brokerage services to one or more parties in a real estate transaction without a fiduciary relationship as a buyer agent, a seller agent, a subagent or a disclosed dual agent. See Maine Revised Statutes Title 32 Sec. 13271
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Undisclosed dual agent: means a real estate brokerage agency representing 2 or more clients whose interests are adverse in the same transaction without the knowledge and informed consent of the clients. See Maine Revised Statutes Title 32 Sec. 13271
  • Wholesaler: means a person who buys prescription drugs for resale and distribution to persons other than consumers. See Maine Revised Statutes Title 32 Sec. 13702-A