An Act Regarding Flavored Cigarettes and Cigars
Maine Legislature, Session 123, LD 2316
Committee: Health and Human Services pursuant to Joint Order, H
Amends: 22 MRSA §1560-D

Legislative Document 
No. 2316 
H.P.1676 
House of Representatives, April lO, 2008 
An Act Regarding Flavored Cigarettes and Cigars 
(EMERGENCY) 
Reported by Representative PERRY of Calais for the Joint Standing Committee on Health 
and Human Services pursuant to Joint Order, H.P. 1656. 
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MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the First Regular Session of the 123rd Legislature enacted into law, as the 
Maine Revised Statutes, Title 22, section 1560-D, a ban on certain flavored cigarettes and 
cigars and authorized the Attorney General to adopt major substantive rules to implement 
the law; and 
Whereas, in the process of adopting major substantive rules to implement the new 
law the Attorney General determined that amendment to Title 22, section 1560-D would 
strengthen the law and provide additional clarity that will help in enforcement of the law 
and in the exemption process; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1560-D, sub-§5, as enacted by PL 2007, c. 467, §3, 1S 
amended to read: 
5. Exemptions. For flavored cigarettes and flavored cigars that were first on the 
market after January 1, 1985, the Attorney General shall establish and administer a 
process by rule for granting exemptions based on a determination by the Attorney 
General that the characterizing flavor and the associated packaging, promotion and brand 
style do not directly or indirectly target is not one known to appeal or likely to appeal to 
youth or encourage the initiation of smoking. 
A. After an exemption has been granted for a flavored cigarette or flavored cigar 
under this subsection, a person or entity to whom an exemption has been granted has 
an affirmative duty to inform the Attorney General at the time that a material change 
is made in the characterizing flavor of the flavored cigarette or flavored cigar. A 
violation of the duty to inform imposed by this paragraph constitutes a civil violation 
for which a fine of not more than $10,000 may be adjudged. 
B. The Attorney General may revoke an exemption granted under this subsection if 
the Attorney General determines that a material change has been made to the 
product's characterizing flavor. 
Sec. 2. Emergency rulemaking. The Attorney General shall amend Chapter 10, 
Rules for Exemptions to the Ban on Flavored Cigarettes and Cigars to conform to the 
changes in section 1 of this Act. 
Rules adopted pursuant to this section are major 
substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A and may be adopted on an emergency basis in order to avoid a threat to 
the public health and safety. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill is an emergency bill. The bill makes changes to the criteria for granting 
exemptions to the ban on flavored cigarettes and cigars first on the market after January 
I, 1985. The bill imposes upon the person or entity to whom an exemption has been 
granted the affirmative duty to notify the Attorney General of a material change in the 
characterizing flavor of flavored cigarettes and cigars and designates a violation of this 
requirement a civil violation for which a fine of $10,000 may be adjudged. The bill 
authorizes the Attorney General to revoke an exemption if the Attorney General 
determines that a material change has been made to the product's characterizing flavor. 
The bill authorizes the adoption of rules on an emergency basis to conform existing rules 
to the requirements of the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 04/09/08 frac 
LD 023 I Lt; 
LR 3643(01) 
An Act Regarding Flavored Cigarettes and Cigars 
Fiscal Note for Original Bill 
Sponsor: Rep. Perry, A. of Calais 
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 a new civil violation. The collection of additional fines may also increase General Fund revenue by minor 
amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
lR3643(01) - Fiscal Note - Page 1 of 1