An Act To Regulate the Delivery Sales of Cigarettes and To Prevent the Sale of Cigarettes to Minors
Maine Legislature, Session 121, LD 1236
Committee: Health and Human Services
Sponsors: CUMMINGS, DAGGETI, COLWELL
Amends: 22 MRSA §1551, 36 MRSA §4372-A

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1236 
H.P.91O 
House of Representatives, March 6, 2003 
An Act To Regulate the Delivery Sales of Cigarettes and To Prevent 
the Sale of Cigarettes to Minors 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CUMMINGS of Portland. 
Cosponsored by President DAGGETI of Kennebec and 
Representative: Speaker COLWELL of Gardiner. 
Printed on recycled paper 
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/J1.7ibc~ 
MILLICENT M. MacFARLAND 
Clerk 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1551. sub-§§I-A to I-D are enacted to read: 
I-A. 
Consumer. 
"Consumer" 
means 
an 
individual 
who 
purchases, 
receives 
or 
possesses 
cigarettes 
for 
personal 
consumption and not for resale. 
I-B. 
Delivery sale. 
"Delivery sale" means: 
A. 
A sale of cigarettes to a consumer in the State when: 
(1) 
The purchaser submits the order for the sale by 
means 
of 
a 
telephonic 
or 
other 
method 
of 
voice 
transmission, the mail or any other delivery service or 
the Internet or other on-line service; or 
(2) 
The cigarettes are delivered by use of the mail or 
other delivery service; or 
B. 
A sale of cigarettes that satisfies the criteria 1n 
paragraph A, 
subparagraph 
(1) 
regardless of whether 
the 
seller is located inside or outside of the State. 
For purposes of this subsection, 
a 
sale of cigarettes to an 
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individual in the State must be treated as a sale to a consumer 
unless the individual is licensed as a distributor or retailer of 
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cigarettes by the department. 
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I-C. 
Delivery service. 
"Deliverv service" means a person, 
including the United States Postal Service, that is engaged in 
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the commercial delivery of letters, packages or other containers. 
I-D. 
Distributor. 
"Distributor" means 
a 
person, 
whether 
located inside or outside of the borders of the State, other than 
\6 
a 
retailer, 
who 
sells 
or 
distributes 
cigarettes 
inside 
th~ 
boundaries 
of 
the 
State. 
"Distributor" 
does 
not 
include 
a 
cigarette manufacturer, export warehouse proprietor or importer 
with a valid permit under 26 United States Code, Section 5712 
1U 
(1997) if the person sells or distributes cigarettes in the State 
only to distributors who hold valid and current licenses under 
''12 
the laws of a state or to an export warehouse proprietor or 
another manufacturer. 
"Distributor" does not include a common or 
'1,4 
contract carrier that is transporting cigarettes under a proper 
bill of lading or freight bill that states the quantity, source 
H, 
and destination of cigarettes or a person who ships cigarettes 
through this State by common or contract carrier under a bill of 
In 
lading or freight bill. 
Sec. 2. 22 MRSA §1551, sub-§2-A 1S enacted to read: 
Page l-LR1230(1) 
• 
2-A. 
Retailer. 
"Retailer" means a person, whether located 
inside 
or 
outside 
the 
borders 
of 
the 
State, 
who 
sells 
or 
distributes cigarettes to a consumer in the State. 
Sec. 3. 22 MRSA §lSSS-C is enacted to read: 
R 
§1555-C. 
Deliveey sales of cigarettes 
1. 
Unlawful sale of cigarettes. 
It is unlawful for 
a 
person in the business of selling cigarettes to take an order for 
l2 
cigarettes through the mail or through 
any 
telecommunication 
means, including by telephone, facsimile or the Internet, if the 
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person fails to comply with subsection 2. 
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This subsection does not apply to the sale of cigarettes to a 
person who is licensed to sell cigarettes. 
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2. 
Delivery sale. 
Before a delivery sale may be completed, 
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the following requirements must be met. 
A. 
At the time of the first delivery sale to an individual, 
the retailer must acquire the following information from the 
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individual who places the order: 
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(1) 
A copy of a valid government-issued document that 
provides the name, address and date of birth of the 
'it 
individual; and 
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(2) 
A signed statement in writing from the individual 
providing a certification that the individual: 
ii, 
::{ 
'1,\ 
(a) 
Is of legal age to purchase cigarettes in the 
State; 
(b ) 
Wants 
to 
receive mailings 
from 
a 
tobacco 
company; and 
(c) 
Understands that providing false information 
may constitute a violation of law. 
B. 
Prior to delivery of the cigarettes pursuant to the 
delivery sale under paragraph A, the retailer must: 
(1) 
Verify the date of birth or age of the individual 
against a commercially available database; or 
(2) 
Obtain a photocopy or other image of the valid, 
government-issued identification stating the date of 
birth or age of the individual placing the order. 
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LB 
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In 
C. 
If an order for cigarettes is made 
pursuant to 
an 
advertisement on the Internet, 
the retailer must receive 
payment by credit card or check for the order before mailing 
or shipping the cigarettes. 
D. 
The retailer must use a delivery service that requires_ 
the individual purchasing the cigarettes to: 
(1) 
Be the addressee; 
(2) 
Have 
an individual of legal age 
sign for 
the 
package; and 
(3) 
If the person signing for the package appears to 
be 
under 
years 
of 
age, 
produce 
a 
valid 
government-issued identification that: 
(a) 
Contains a photograph of the person; 
(b) 
Indicates that the person is of legal age to 
purchase cigarettes; and 
(c) 
Indicates that the person ~s not younger than 
the 
age 
indicated 
on 
the 
copy 
of 
the 
government-issued 
document 
received 
under 
paragraph A. 
The bill of lading must clearly state the requirements of 
this 
paragraph 
and 
specify 
that 
state 
law 
requires 
compliance with these requirements. 
E. 
The retailer must notify the delivery service in writing 
of 
the 
age 
of 
the 
addressee 
as 
indicated 
by 
the 
government-issued document received under paragraph A. 
3. 
COllDOn carriers. 
This section Ii,;).,! not be construed as 
imposing liability 
upon 
any 
common 
carrier, 
or 
officers 
or 
employees of the common carrier, when acting within the scope of 
business of the common carrier. 
4. 
E-mail addresses. 
Persons taking delivery sale orders 
may 
request that prospective purchasers provide 
their e-mail 
addresses. 
5. 
Registration 
requirement. 
Prior 
to 
making 
delivery 
\1; 
sales or shipping cigarettes 
~n connection with any sales, 
a 
distributor shall file with the department a statement setting 
+1" 
forth the distributor's name, trade name and the address of the 
distributor's principal place of business and any other place of 
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business. 
• 
6. 
Reporting requirement. 
No later than the lOth day of 
each calendar month, each distributor that has made a delivery 
cf 
sale or shipped or delivered cigarettes in connection with any 
sale during the previous calendar month shall file with the 
I, 
department a memorandum or a copy of the invoice that provides 
for each delivery sale: 
I ~ 
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I" 
'" 
, 
I ~ 
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A. 
The 
name 
and address of the individual to whom that 
delivery sale was made; 
B. 
The brand or brands of the cigarettes that were sold in 
the delivery sale; and 
C. 
The quantity of cigarettes that was sold in the delivery 
sale. 
A distributor that meets the requirements of 15 United States 
Code, 
Section 
(1955) 
satisfies the 
requirements 
of this 
subsection. 
7. 
Collection of taxes. 
A distributor making a delivery 
sale shall collect and remit to the Department of Administrative 
and Financial Services, 
Bureau of 
Revenue Services any taxes 
levied by the State with respect to the delivery sale pursuant to 
Title 36, section 4366-A, except that collection and remission is 
not required if the distributor has obtained proof in the form of 
applicable tax stamps or otherwise that the taxes already have 
been paid to the State. 
8. 
Unpaid tax. 
A distributor who fails to pay any tax due 
pursuant to subsection 7 shall pay, 
in addition to any other 
penalty, a penalty of 50% of the tax due but unpaid. 
9. 
Forfeiture. 
Any cigarettes sold or attempted to be sold 
in a delivery sale that does not meet the requirements of this 
chapter must be forfeited to the State and destroyed pursuant to 
I:: 
Title 36, section 4372-A. 
i, ' 
1 
11, 
I:' 
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10. 
penal ties. 
Civil violations. 
The following violations are civil 
A. 
A person may not violate this section or rules adopted 
pursuant 
to 
this 
chapter. 
A person 
who 
violates 
this 
paragraph commits a civil violation and is subject to the 
following fines: 
(1) 
For the first violation, a fine of not more than 
$1,000 may be adjudged; and 
(2) 
For the 2nd and any subseguent violation, a fine 
of not more than $5,000 may be adjudged. 
,~ 
B. 
A 
person 
who 
submits 
ordering 
information 
under 
subsection 2, paragraph A in another person's name commits a 
h 
civil violation for which a fine of not more than $10,000 
may be adjudged or for which a term of imprisonment not to 
1\ 
exceed 5 years may be adjudged, or both. 
tu 
11. 
Enforcement. 
The 
Attorney General 
or 
the Attorney 
General's designee, or any person who holds a permit under 26 
I,e: 
United States Code, Section 5712 (1997)' may bring an action in 
the 
appropriate 
court 
in 
the 
State 
to 
prevent 
or 
restrain 
1-+ 
violations 
of 
this 
chapter 
by 
any 
person 
or 
any 
person 
controlling that person. 
Sec. 4. 36 MRSA §4372-A. sub-§7. as amended by PL 1999, c. 
I,P. 
616, §6, is further amended to read: 
:" 
7. 
Hearings; disposition; deposit of funds. 
At a hearing, 
other than a default proceeding, the court shall hear evidence, 
make findings of fact, enter conclusions of law and file a final 
order from which the parties have the right of appeal. 
When 
cigarettes are ordered forfeited, the final order must provide 
for the disposition of the cigarettes by the State Tax Assessor 
:r, 
by public auction or by the State Purchasing Agent. 
Proceeds 
must be deposited in the General Fund. 
Cigarettes described in 
" 
section 4366-C, subsection 1 and Title 22, section 1555-C must be 
destroyed by the State Tax Assessor in a manner that prevents 
:0 
their reintroduction into the marketplace. 
SUMMARY 
This bill amends the statutes to strengthen the regulation 
lr; 
of delivery sales of cigarettes, 
especially with 
regards 
to 
preventing sales to minors. 
Delivery sales of cigarettes are any 
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sales of cigarettes to consumers in the State, with the consumers 
ordering the cigarettes over the phone or Internet and receiving 
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the cigarettes via the mail or delivery service. 
The bill also 
clarifies the collection of taxes with regard to the deli very 
~2 
sales of cigarettes.