An Act To Regulate the Delivery and Sales of Tobacco Products and To Prevent the Sale of Tobacco Products 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. I. 22 MRSA §1551, sub-§§I·A, I·B, I·C, 2·A, 2·B and 3·A are enacted to read: I-A. Conswner. Consumer means an individual who purchases, receives or possesses tobacco products for personal consumption and not for resale. I-B. Delivery sale. Delivery sale means a sale of tobacco products to a consumer in this State when: A. The purchaser submits the order for the sale by means of telephonic or other electronic method of voice transmission, the Internet or any delivery service: or B. The tobacco products are delivered by use of a delivery service. Page l-LR1230(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1236
Committee Amendment CA_A_H538 (House)
Amends: 22 MRSA §1551

COMMITTEE AMENDMENT .,4" to H. P . 
Act To Regulate the Delivery Sales of 
the Sale of Cigarettes to Minors" 
910, L.D. 1236, Bill, "An 
Cigarettes and To Prevent 
Amend the bill by striking out the title and substituting 
the following: 
• An Act To Regulate the Delivery and Sales of Tobacco Products 
and To Prevent the Sale of Tobacco Products 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. I. 22 MRSA §1551, sub-§§I·A, I·B, I·C, 2·A, 2·B and 3·A are 
enacted to read: 
I-A. 
Conswner. 
"Consumer" 
means 
an 
individual 
who 
purchases, receives or possesses tobacco products for personal 
consumption and not for resale. 
I-B. 
Delivery sale. 
"Delivery 
sale" 
means 
a 
sale of 
tobacco products to a consumer in this State when: 
A. The purchaser submits the order for the sale by means of 
telephonic or other electronic method of voice transmission, 
the Internet or any delivery service: or 
B. The tobacco products are delivered by use of a delivery 
service. 
Page l-LR1230(2) 
COMMITTEE AMENDMENT 
C:)t~ 
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COMMITTEE AMENDMENT /1/ 
"n" to H.P. 910, L.D. 1236 
A sale to a person who is not licensed as a tobacco distributor 
or tobacco retailer is a delivery sale. 
I-C. 
Delivery service. 
"Delivery service" means a person, 
including the United States Postal Service, who is engaged in the 
commercial delivery of letters, packages or other containers. 
2-A. 
Person. 
"Person" means 
an individuaL corporation, 
partnership or unincorporated association. 
2-D. 
Tobacco 
distributor. 
"Tobacco 
distributor" 
or 
"distributor" means 
a 
person licensed as 
a 
distributor under 
Title 36, chapter 704. 
3-A. 
Tobacco retailer. 
"Tobacco retailer" or "retailer" 
means 
a person located within or outside the State who sells 
tobacco 
products 
to 
a 
person 
in 
the 
State 
for 
personal 
consumption. 
Sec. 2. 22 MRSA §§lSSS-C and lSSS·D are enacted to read: 
§1555-C. 
Delivery sales of tobacco products 
The 
following 
requirements 
apply 
to 
delivery 
sales 
of 
tobacco products within the State. 
1. 
License required. 
It is unlawful for any person to 
accept an order for a delivery sale of tobacco products to a 
consumer in the State unless that person is licensed under this 
chapter as a tobacco retailer. 
The following penalties apply to 
violations of this subsection. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $50 and not more 
than $1,500 may be adjudged for each violation. 
B. 
A person who violates this subsection after having been 
previously 
adjudicated 
as 
violating 
this 
subsection 
or 
subsection 2, 3 or 4 commits a civil violation for which a 
fine of not less than $1,000 and not more than $5,000 may be 
adjudged. 
2. 
Requirements for accepting order for delivery sale. 
The 
following 
prov1s1ons 
apply to 
acceptance of 
an order 
for 
a 
delivery sale of tobacco products. 
A. 
When accepting the first order for a delivery sale from 
a consumer, the tobacco retailer shall obtain the following 
information from the person placing the order: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT if to H.P. 910, L.D. 1236 
(1) A copy of a valid government-issued document that 
provides the person's name, current address, photograph 
and date of birth; and 
(2) An original written statement signed by the person 
documenting that the person: 
(a) I s of legal age to purchase tobacco products 
in the State; 
(b) Has made a choice whether to receive mailings 
from a tobacco retailer; 
(c) Understands that providing false information 
may constitute a violation of law; and 
(d) Understands that it is a violation of law to 
purchase tobacco products for subsequent resale or 
for delivery to persons who are under the legal 
age to purchase tobacco products. 
B. 
If an order is made as a result of advertisement over 
the Internet, the tobacco retailer shall request the e-mail 
address of the purchaser and shall receive payment by credit 
card or check prior to shipping. 
C. 
Prior to shipping the tobacco products, 
the tobacco 
retailer 
shall 
verify 
the 
information 
provided 
under 
paragraph 
A 
against 
a 
commercially 
available 
database 
derived solely from government records consisting of age and 
identity information, including date of birth. 
D. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $50 and not more 
than $1,500 may be adjudged for each violation. 
E. 
A person who violates this subsection after having been 
previously 
adjudicated 
as 
violating this 
subsection 
or 
subsection L 
or 4 commits a civil violation for which a 
fine of not less than $1,000 and not more than $5,000 may be 
adjudged. 
3. 
Requirements 
for 
shipping 
a 
delivery 
sal.e. 
The 
following prov~s~ons apply to a tobacco retailer shipping tobacco 
products pursuant to a delivery sale. 
A. 
Prior to shipping, the tobacco retailer shall provide to 
the deli very service the age of the purchaser as provided 
under 
subsection 
2, 
paragraph 
A 
and 
verified 
under 
subsection 2, paragraph C. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. 11 .. to H.P. 910, L.D. 1236 
B. 
The tobacco retailer shall clearly mark the outside of 
the package of tobacco products to be shipped to indicate 
that the contents are tobacco products and to show the name 
and State of Maine tobacco license number of the tobacco 
retailer. 
C. 
The tobacco retailer shall utilize a delivery service 
that imposes the following requirements: 
(1) 
The purchaser must be the addressee: 
(2) 
The addressee must be of legal age to purchase 
tobacco products and must sign for the package: and 
(3) 
If the addressee is under 27 years of age, the 
addressee 
must 
show 
valid 
government-issued 
identification 
that 
contains 
a 
photograph 
of 
the 
addressee and indicates that the addressee is of legal 
age to purchase tobacco products. 
D. 
The 
delivery instructions must clearly indicate the 
requirements of this subsection and must declare that state 
law requires compliance with the requirements. 
E. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $50 and not more 
than $1,500 may be adjudged for each violation. 
F. 
A person who violates this subsection after having been 
previously 
adjudicated 
as 
violating this 
subsection 
or 
subsection 1, 2 or 4 commits a civil violation for which a 
fine of not less than $1,000 and not more than $5,000 may be 
adjudged. 
4. 
Rep>rting requirements. 
No later than the 10th day of 
each calendar month, a tobacco retailer that has made a delivery 
sale of tobacco products or shipped or delivered tobacco products 
into the State in a delivery sale in the previous calendar month 
shall file with the Department of Administrative and Financial 
Services, Bureau of Revenue Services a memorandum or a copy of 
each invoice that provides for each delivery sale the name and 
address of the purchaser and the brand or brands and quantity of 
tobacco 
products 
sold. 
A 
tobacco 
retailer 
that 
meets 
the 
requirements of 15 United States Code, Section 375 et seq. (1955) 
satisfies the requirements of this subsection. 
The following 
penalties apply to violations of this subsection. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. iJ .. to H.P. 910, L.D. 1236 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $50 and not more 
than $1,500 may be adjudged for each violation. 
B. 
A person who violates this subsection after having been 
previously 
adjudicated 
as 
violating 
this 
subsection 
or 
subsection L 
or 3 commits a civil violation for which a 
fine of not less than $1,000 and not more than $5,000 may be 
adjudged. 
5. 
Unlawful ordering. 
It is unlawful to submit ordering 
information 
for 
tobacco 
products 
by 
delivery 
sale 
under 
subsection 2. 
paragraph A in the name of another person. 
A 
person who violates this subsection commits a civil violation for 
which a fine of not more than $10,000 may be adjudged. 
6. 
Rulemating. 
The 
department 
and 
the 
Department 
of 
Administratiye 
and 
Financial 
Services 
shall 
adopt 
rules 
to 
implement 
this 
section. 
Rules 
adopted 
pursuant 
to 
this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
7. 
Forfeiture. 
Any tobacco product sold or attempted to be 
sold in a delivery sale that does not meet the reguirements of 
this section is deemed to be 
contraband and is subject to 
forfeiture in the same manner as 
and in accordance with the 
provisions of Title 36, section 4372-A. 
8. 
Enforcement. 
The Attorney General may bring an action 
to enforce this section in District Court or Superior Court and 
may seek injunctive relief. including a 
preliminary or final 
injunction. 
and fines, penalties and eguitable relief and may 
seek to prevent or restrain actions in violation of this section 
by 
any 
person 
or 
any 
person 
controlling 
such 
person. 
In 
addition. a violation of this section is a violation of the Maine 
Unfair Trade Practices Act. 
§1555-D. 
Illegal delivery of tobacco products 
A 
person 
may 
not 
knowingly 
transport 
or 
cause 
to 
be 
delivered to a person in this State a tobacco product purchased 
from a person who is not licensed as a tobacco retailer in this 
State. 
except 
that 
this 
provision 
does 
not 
apply 
to 
the 
transportation or delivery of tobacco products to a 
licensed 
tobacco distributor or tobacco retailer. 
A person is deemed to 
know that a package contains a tobacco. product if the package is 
marked in accordance with the reguirements of section 1555 C. 
subsection 3, paragraph B or if the person receives the package 
from a person listed as an unlicensed tobacco retailer by the 
Attorney General under this section. 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 910, L.D. 1236 
1. 
Lists. 
The Attorney General shall maintain lists of 
licensed 
tobacco 
retailers 
and 
known 
unlicensed 
tobacco 
retailers. 
The Attorney General shall provide to a 
delivery 
service lists of licensed tobacco retailers and known unlicensed 
tobacco 
retailers. 
The 
list 
of 
known 
unlicensed 
tobacco 
retailers is confidential. 
A delivery service that receives a 
list of known unlicensed tobacco retailers shall maintain the 
confidentiality of the list. 
2. 
Penalty. 
The following penalties apply for violation of 
this section. 
A. 
A person who violates this section commits 
a civil 
violation for which a fine of not less than $50 nor more 
than $1500 may be adjudged for each violation. 
A fine 
imposed under this paragraph may not be suspended. 
B. 
An employer of a person who, while working and within 
the scope of that person's employment, violates this section 
commits a civil violation for which a fine of not less than 
$50 
nor 
more 
than 
$1,500 
may 
be 
adjudged 
for 
each 
violation. 
A fine imposed under this paragraph may not be 
suspended. 
3. 
EnforCement. 
The Attorney General may br ing an action 
to enforce this section in District Court or Superior Court and 
may 
seek injunctive relief, 
including a preliminary or final 
injunction, 
and fines, penalties and equitable relief and may 
seek to prevent or restrain actions in violation of this section 
by 
any 
person 
or 
any 
person 
controlling 
such 
person. 
In 
addition, a violation of this section is a violation of the Maine 
Unfair Trade Practices Act. 
4. 
Affirmative defense. 
It is an affirmative defense to a 
prosecution under this section that a person who 
transported 
tobacco products or caused tobacco products to be delivered 
reasonably 
relied 
on 
licensing 
information 
provided 
by 
the 
Attorney General under this section. 
5. 
Rulemaking. 
The 
department 
shall 
adopt 
rules 
to 
implement 
this 
section. 
Rules 
adopted 
pursuant 
to 
this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
6. 
Forfeiture. 
Any tobacco product sold or attempted to be 
sold in a delivery sale that does not. meet the requirements of 
this section is deemed 
to be 
contraband and is subject to 
forfeiture in the 
same manner as and in accordance with the 
provisions of Title 36, section 4372-A. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~,, to H.P. 910, L.D. 1236 
SUMMARY 
This amendment replaces the bill. 
It prohibits the delivery 
of tobacco products in the State from unlicensed retailers. 
It 
requires the Attorney General to make available lists of licensed 
and known unlicensed tobacco retailers. 
It prohibits unlicensed 
sales of tobacco products using telephonic or other electronic 
method 
of 
voice 
transmission 
or 
delivery 
services 
or 
the 
Internet. 
It imposes requirements on delivery sales and provides 
for enforcement by the Attorney General. 
It provides for seizure 
and forfeiture of contraband products in the same manner as and 
in 
accordance 
with 
the 
provisions 
applicable 
to 
contraband 
cigarettes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/19/03 .:tvac:.. 
Office of Fiscal and Program Review 
LD 1236 
An Act To Regulate the Delivery Sales of Tobacco Products and To 
Prevent the Sale of Tobacco Products to Minors 
LR 1230(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations 
May increase the number of civil suits filed in the court system. 
Fiscal Detail and Notes 
Costs associated with enforcing compliance with these provisions and making available lists of licensed and 
unlicensed tobacco retailers and tobacco distributors can be absorbed by the Department of the Attorney General 
utilizing existing budgeted resources. 
LR1230(2) - Fiscal Note - Page 1 of 1