– LD 1174 An Act to Prohibit the Sale of Flavored Tobacco Products
An Act to Prohibit the Sale of Flavored Tobacco Products
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1551, sub-§1-D, as enacted by PL 2017, c. 308, §1, is amended to read:
1-D. Electronic smoking device. “Electronic smoking device” has the same meaning as in section 1541, subsection 1‑A means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, so-called vape pen or electronic hookah. “Electronic smoking device” includes any component, part or accessory of the device and also includes any substance that may be aerosolized or vaporized by that device, whether or not the substance contains nicotine. “Electronic smoking device” does not include drugs, devices or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
Sec. 2. 22 MRSA §1551, sub-§1-E is enacted to read:
1-E. Flavored tobacco product. “Flavored tobacco product” means any tobacco product that imparts a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey or any candy, dessert, beverage, herb or spice.
Sec. 3. 22 MRSA c. 262-A, sub-c. 5, headnote is amended to read:
FLAVORED CIGARS TOBACCO PRODUCTS
Sec. 4. 22 MRSA §1560-D, as amended by PL 2011, c. 380, Pt. II, §2, is repealed.
Sec. 5. 22 MRSA §1560-E is enacted to read:
§1560-E. Flavored tobacco products
1. Prohibition on sale or distribution of flavored tobacco products. A tobacco retailer may not sell or distribute or offer to sell or distribute in this State any flavored tobacco product. A public statement or claim made or disseminated by the retailer or manufacturer of a tobacco product, or by a person authorized or permitted by the retailer or manufacturer to make or disseminate public statements concerning a tobacco product, that a tobacco product has or produces a taste or smell other than tobacco constitutes presumptive evidence that the tobacco product is a flavored tobacco product.
2. Violation. A tobacco retailer who violates this section commits a civil violation for which a fine may be imposed under subsection 3.
3. Fines. The fines that apply to violations of this section are as set out in this subsection.
A. A tobacco retailer who violates subsection 1 commits a civil violation for which a fine of $1,000 may be adjudged.
B. A tobacco retailer who violates subsection 1 after having previously been convicted of a violation of that subsection commits a civil violation for which a fine of $5,000 may be adjudged.
This bill prohibits the sale and distribution of flavored tobacco products, including flavored cigars and electronic smoking devices.