An Act To Increase the Legal Age for the Purchase of Tobacco Products
Maine Legislature, Session 121, LD 0982
Committee: Health and Human Services
Sponsors: HALL
Amends: 22 MRSA §1553-A, 22 MRSA §1555-B

Legislative Document 
No. 982 
S.P.323 
In Senate, February 25,2003 
An Act To Increase the Legal Age for the Purchase of Tobacco 
Products 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator HALL of Lincoln. (BY REQUEST) 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 22 MRSA §1553-A, sub-§l, 1I1IB and C, as enacted by PL 
1995, c. 470, §9 and affected by §19, are amended to read: 
B. 
A sign must be affixed conspicuously to the front of the 
machine. 
The sign must: 
(1) 
Contain lettering that is at least 3/8 
~BeRe6 inch 
in height: and 
( 2 ) 
State-~.fl.e-- -f-o-1-l-ow-j,.nq-:- --'.!.WA-RN-lNG-..----H Warn that it 
is 
unlawful 
for 
any 
person 
under 
the 
age 
ef--lg 
specified in section l555-B, subsection 2 to purchase 
cigarettes in this State.~ 
C. 
At all times during the hours the vending machine is 
accessible, it must be located within the unobstructed line 
of sight and under the direct supervision of an adult. 
That 
adul t is responsible for preventing persons under 19--yeaF6 
eE the age specified in section l555-B, subsection 2 from 
purchasing cigarettes or any other tobacco product from that 
vending machine. 
Sec. 2. 22 MRSA §1555-B, sub-§§l, 2 and 4, as enacted by PL 
1997, c. 305, §5, are amended to read: 
1. 
Retail sales. 
Tobacco products may be sold at retail 
only in a direct, face-to-face exchange in which the purchaser 
may be clearly identified and through the mail under procedures 
approved by the department to provide reliable verification that 
the 
purchaser 
is 
not 
a--m~BeF under 
the 
age 
specified 
in 
subsection 2. 
2. 
Sales to persons 
under specified age prohibited. 
A 
person may not sell, furnish, give away or offer to sell, furnish 
or give away a tobacco product to any person under 18 years of 
age, except that beginning January 1, 2004, this minimum age is 
raised to 
years of age; 
beginning January 1, 
2005, 
this 
minimum age is raised to 20 years of age: and beginning January 
1, 2006, this minimum age is raised to 21 years of age. 
Tobacco 
products 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. 
4. 
Wholesale sales. 
Tobacco products may be distributed at 
wholesale without a 
face-to-face exchange only in the normal 
course of trade and under procedures approved by the Department 
of Administrative 
and Financial Services, 
Bureau of 
~aHat~eR 
Page l-LR1678(l) 
" 
• 
Revenue Services to ensure that tobacco products are not provided 
to any person under ±8-years-ef the age specified in subsection 2. 
Sec. 3. 22 MRSA §1555-B, sub-§5, as amended by PL 1997, c. 
578, §l, is further amended to read: 
5. Possession and use of cigarettes, cigarette papers or 
tobacco products; use of false identification by persons under 
specified age prohibited. 
Except as provided in paragraph A, 
a 
person under ±8-.ye-ar-&-ef the age specified in subsection 2 may 
not purchase, possess or use cigarettes, cigarette paper or any 
tobacco product or offer false identification in an attempt to 
purchase any tobacco products or to purchase, possess or use 
cigarettes, cigarette paper or any other tobacco product. 
A. 
A 
person 
under 
±8--years--ef 
the 
age 
specified 
in 
subsection 2 may transport or permit to be transported in a 
motor 
vehicle 
cigarettes, 
cigarette 
paper 
or 
tobacco 
products in the original, sealed package in which they were 
placed by the manufacturer if the transportation is in the 
scope of that person's employment. 
Sec. 4. 22 MRSA §1555-B, sub-§§6 and 10, as enacted by PL 1997, 
c. 305, §5, are amended to read: 
6. 
Display 
of 
prohibition 
of 
sales 
to 
persons 
under 
specified age. 
A dealer or distributor of tobacco products shall 
post notice of this section prohibiting tobacco and cigarette 
paper sales to persons under ±8--yea-r-&-ef the age specified in 
subsection 
2. 
Notices 
must 
be 
publicly 
and 
conspicuously 
displayed in the dealer's or distributor's place of business in 
letters at least 3/8 iaeaes inch in height. 
Signs required by 
this section may be provided at cost by the department. 
10. 
Affirmative defense. 
It is an affirmative defense to 
prosecution for a violation of subsection 1, 
or 4 that the 
defendant sold, furnished, gave away or offered to sell, furnish 
or give away a tobacco product to a person under ±8-years-ef the 
age 
specified in subsection 
in reasonable reliance 
upon 
a 
fraudulent proof of age presented by the purchaser. 
SUMMARY 
This bill raises the minimum age to purchase tobacco and 
tobacco 
products 
from 
years 
of 
age 
to 
years 
of 
age 
beginning January 1, 2004, to 20 years of age beginning January 
1, 2005 and to 21 years of age beginning January 1, 2006.