An Act To Prohibit the Sale of Nicotine Water to Minors Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 22 MRSA §1556-B is enacted to read: §1556-B. Nicotine water 1. Definitions. As used in this section. unless the context otherwise indicates. the following terms have the following meanings. A. Nicotine water" means water that is sold in this State. that is intended for human consumption and that contains as an added ingredient nicotine or an alkaloid haying similar physiological activity. 2. Prohibition. A person may not sell. furnish. give away or offer to selL furnish or give away nicotine water to any person under 18 years of age. Nicotine water may not be sold at retail to any person under 27 years of age unless the seller first verifies that person's age by means of reliable photographic identification containing the person's date of birth. Page l-LR2171(4) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1631
Committee Amendment CA_B_S437 (Senate)
Amends: 22 MRSA §1556-B

COMMITTEE AMENDMENT ,,8 to S.P. 587, L.D. 163l, Bill, 
Act To Prevent the Sale of Water Laced with Nicotine in Maine" 
"An 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Prohibit the Sale of Nicotine Water to Minors' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 22 MRSA §1556-B is enacted to read: 
§1556-B. 
Nicotine water 
1. 
Definitions. 
As 
used in this 
section. 
unless 
the 
context 
otherwise 
indicates. 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Nicotine water" means water that is sold in this State. 
that is intended for human consumption and that contains as 
an added ingredient nicotine or an alkaloid haying similar 
physiological activity. 
2. 
Prohibition. 
A person may not sell. furnish. give away 
or offer to selL furnish or give away nicotine water to any 
person under 18 years of age. 
Nicotine water may not be sold at 
retail to any person under 27 years of age unless the seller 
first 
verifies 
that 
person's 
age 
by 
means 
of 
reliable 
photographic identification containing the person's date of birth. 
Page l-LR2171(4) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. 13 to S.P. 587, L.D. 1631 
3. 
Sales through vending machines. 
Nicotine water may not 
be sold through vending machines. 
4. 
Possession 
and 
use of nicotine vater. 
Except 
as 
provided in subsection 5, a person under 18 years of age may not: 
A. 
Purchase, possess or use nicotine water: 
B. 
Violate paragraph A after having previously violated 
this subsection: or 
C. 
Violate paragraph A after having previously violated 
this subsection 2 or more times. 
5. 
Excgption to 
possession by 
minor. 
Notwithstanding 
subsection 4, a person under 18 years of age may transport or 
permit to be transported in a motor vehicle nicotine water in the 
original 
sealed 
package 
in 
which 
it 
was 
placed 
by 
the 
manufacturer if the transportation is in the 
scope of that 
person's employment. 
6. 
Fines. 
A person who violates this section is subject to 
the following fines. 
A. 
A person who violates subsection 2 or 3 commits a civil 
violation for which a fine of not less than $50 and not more 
than $1,500, plus court costs, must be adjudged for anyone 
offense. 
Except pursuant to Title 15, section 3314, the 
fine may not be suspended. 
B. 
An employer of a person who violates subsection 2 or 3 
commits a civil violation for which a fine of not less than 
$50 and not more than $1. 500, plus court costs, must be 
adjudged. 
The fine may not be suspended. 
C. 
A person who violates subsection 4 
commits 
a civil 
violation for which the following fines may be adjudged. 
(1) 
For a first offense, a fine of not less than $100 
and not more than $300 may be imposed. 
The court, as 
an alternative to or in addition to the fine permitted 
by 
this 
subparagraph, 
may 
assign 
the 
violator 
to 
perform specified work for the benefit of the State, 
the municipality or other public entity or a charitable 
institution. 
(2) 
For a 2nd offense, a fine of not less than $200 
and not more than $500 may be imposed. 
The court, as 
an alternative to or in addition to the fine permitted 
COMMITTEE AMENDMENT 
~. 
~. 
COMMITTEE AMENDMENT .. B to S.P. 587, L.D. 1631 
by 
this 
subparagraph, 
may 
assign 
the 
violator 
to 
perform specified work for the benefit of the State, 
the municipality or other public entity or a charitable 
institution. 
(3) 
For all subsequent offenses, a fine of $500 must 
be imposed and that fine may not be suspended. 
The 
court, 
in addition 
to 
the 
fine 
required 
by this 
subparagraph, 
may 
assign 
the 
violator 
to 
perform 
specified work 
for 
the benefit of 
the State, 
the 
municipality or other public entity or a 
chari table 
institution. 
7. 
Affirmative defense. 
It is an affirmative defense to 
prosecution for a violation of subsection 2 that the defendant 
sold, furnished, gave away or offered to selL furnish or give 
away nicotine water to 
a 
person under 
years of 
age 
in 
reasonable reliance u,pon a fraudu,lent proof of age presented by 
the purchaser. 
8. 
MaDDer of displa,y and offer for sale. 
Nicotine water 
may be displayed or offered for sale only in a manner that does 
not allow direct access to the nicotine water. ' 
SUMMARY 
This amendment is the minority report of the committee. 
The 
amendment replaces the bill. 
It imposes on the sale of nicotine 
water restrictions that are similar to the restrictions on the 
sale 
of 
cigarettes 
and 
tobacco 
products 
to 
minors 
and 
restrictions on the location of the product in stores. 
FISCAL NOTE REQUIRED 
(See attached) 
COMM/rrEE AMENDMENT 
Approved: 02/26/04 ,;::?dac:.. 
Office of Fiscal and Program Review 
LD 1631 
An Act To Prevent the Sale of Water Laced with Nicotine in Maine 
LR2171(04) 
Fiscal Note for Bill as Amended by Committee Amendment ttl-. 
Committee: Health and Human Services 
(J 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations