An Act To Require Fire-safe Cigarettes in the State
Maine Legislature, Session 121, LD 1127
Committee: Criminal Justice and Public Safety
Sponsors: BULL, EDMONDS, DUDLEY, KANE, LA VERRIERE-BOUCHER, RINES, SUSLOVIC
Amends: 25 MRSA §2466

Legislative Document 
No. 1127 
H.P.830 
House of Representatives, March 4,2003 
An Act To Require Fire-safe Cigarettes in the State 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BULL of Freeport. 
Cosponsored by Senator EDMONDS of Cumberland and 
!r/~/J1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUDLEY of Portland, KANE of Saco, LA VERRIERE-BOUCHER of 
Biddeford, RINES of Wiscasset, SUSLOVIC of Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §ISS5-C is enacted to read: 
§1555-C. 
Fire-safe cigarettes 
1. 
Prohibition. 
To the extent not preempted by federal 
law, a person may not sell cigarettes on or after January 1, 2004 
unless the cigarettes meet the standards for fire safe cigarettes 
established by the State Fire Marshal under Title 25, 
section 
2466. 
2. 
Civil fines. 
The 
following m1n1mum civil fines 
are 
assessed for the following civil violations in actions brought by 
the Attorney General: 
A. 
A wholesaler that knowingly sells cigarettes that are 
not fire-safe, $10,000 for each sale; 
B. 
A retailer who sells 5 or fewer cartons of cigarettes 
that are not fire-safe, $500; 
C. 
A retailer who sells more than 5 cartons of cigarettes 
that are not fire-safe, $1,000; and 
D. 
A 
manufacturer 
who 
knowingly 
misrepresents 
that 
cigarettes are fire-safe, $10,000 for each misrepresentation. 
Sec. 2. 25 MRSA §2466 is enacted to read: 
§2466. 
Fire-safe cigarette standards 
1. 
Standards. 
The State Fire Marshal shall adopt standards 
for the sale of fire-safe cigarettes. 
The standards must ensure: 
A. 
That lit cigarettes will stop burning within a specified 
time period if not smoked; or 
B. 
That cigarettes meet performance standards to limit the 
risk that lit cigarettes will ignite upholstered furniture. 
2. 
Health risk assessment. 
In adopting standards under 
this section, the State Fire Marshal shall cooperate and consult 
with 
the 
Department 
of 
Human 
Services 
to 
consider 
whether 
fire-safe cigarettes manufactured in accordance with the fire 
safety standards under subsection 1 
may 
reasonably result in 
increased health risks to consumers. 
Page l-LR0669(1) 
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Cigarette Fire Safety Fund. 
All civil fines collected 
under Title 22, section 1555-C, subsectioll 2 must be transferred 
by the Treasurer of State to the Cigarette Fire Safety Fund 
within the Department of Public Safety for use by the department 
and 
the 
State Fire 
Marshal 
for 
fire 
safety 
and 
prevention 
programs. 
4. 
Rules. 
The 
State 
Fire 
Marshal 
may 
adopt 
routine 
technical 
rules 
in 
accordance 
with 
Title 
5, 
chapter 
375, 
subsection 2-A to ensure that the standards under subsection 1 
are in place no later than January 1, 2004. 
SUMMARY 
This bill provides that, beginning January 1, 
2004, only 
cigarettes that meet the standards of fire-safe cigarettes as 
established by the State Fire Marshal may be offered for sale in 
this State .