An Act Concerning Certain Flavored Cigarettes and Cigars
Maine Legislature, Session 123, LD 1361
Committee: Health and Human Services
Sponsors: MILLS, CRAVEN, HASKELL, KNIGHT, PINGREE
Amends: 22 MRSA §1556-A

Legislative Document 
No. 1361 
S.P.475 
March 13, 2007 
An Act Concerning Certain Flavored Cigarettes and Cigars 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MILLS of Somerset. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: CRAVEN of Lewiston, HASKELL of Portland, KNIGHT of 
Livermore Falls, PINGREE of North Haven. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1556-A, sub-§l, as amended by PL 1999, c. 616, §2, IS 
further amended to read: 
1. Contract officers. The authority of contract officers hired under this chapter is 
limited to enforcement of this Aet chapter and Title 36, section 4366-C. Authorization to 
enforce this chapter is granted by the Commissioner of Public Safety, by terms mutually 
agreed upon between the department and the Department of Public Safety. Contract 
officers must have an appropriate background in law enforcement. Contract officers are 
exempt from ongoing training requirements except as otherwise determined by the 
Commissioner of Public Safety. 
These contract officers are not considered law 
enforcement officers for the purposes of enforcing the Maine Juvenile Code. 
Sec. 2. 22 MRS A c. 262-A, sub-c. 5 is enacted to read: 
SUBCHAPTER 5 
FLAVORED CIGARETTES AND FLAVORED CIGARS 
§1560-D. Flavored cigarettes and flavored cigars 
1. Definitions. As used in this subchapter, unless the context otherwise indicates, 
the following terms have the following meanings. 
A. 
"Characterizing flavor" means a distinguishable taste or aroma, other than 
tobacco, menthol, clove, coffee, nuts or peppers imparted either prior to or during 
consumption. 
B. "Component part" includes but is not limited to the tobacco, filter and paper in a 
cigarette or cigar. 
C. "Constituent" means any ingredient, substance, chemical or compound other than 
tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to the 
tobacco, paper or filter of a cigarette or cigar during the processing, manufacture, or 
packing of the cigarette or cigar. "Constituent" includes a smoke constituent. 
D. "Smoke constituent" means any chemical or chemical compound in mainstream 
or sidestream tobacco smoke that either transfers from any component of the cigarette 
or cigar to the smoke or that is formed by the combustion or heating of tobacco, 
additives or other component of the tobacco product. 
2. Prohibition on sale or distribution of product. A person may not sell or 
distribute or offer to sell or distribute in this State any cigarette or cigar or any component 
part of a cigarette or a cigar that contains a natural or artificial constituent that imparts a 
characterizing flavor to the tobacco or the smoke of the cigarette or cigar. 
3. Prohibition on use or distribution of promotional materials. A person may not 
use or distribute scented promotional materials for cigarettes or cigars. 
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4. Violation. A person who violates this section commits a civil violation for which 
fines mcle if!!Posed under subsection 5. 
5. Fines. The following fines apply to violations of this section. 
A. A person who violates subsection 2 commits a civil violation for which a fine of 
$1,000 may be adjudged. 
B. A person who violates subsection 2 after having previously been convicted of a 
violation of subsection 2 commits a civil violation for which a fine of $5,000 may be 
adjudged. 
C. A person who violates subsection 3 commits a civil violation for which a fine of 
$1,000 may be adjudged. 
Sec.3. Effective date. This Act takes effect January 1,2008. 
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SUMMARY 
This bill prohibits the sale or distribution of certain flavored cigarettes and cigars in 
the State. 
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