An Act To Require Cigarettes Sold in Maine To Be Fire-safe .
Maine Legislature, Session 123, LD 0070
Committee Amendment CA_A_H338 (House)
Amends: 22 MRSA §1555-E

COMMITTEE AMENDMENT "A" to H.P. 68, L.D. 70, Bill, "An Act To Require 
Cigarettes Sold in Maine To Be Fire-safe" 
. 
Amend the bill by striking out the title and substituting the following: 
'An Act Concerning Reduced Ignition Propensity Cigarettes' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §1555-E is enacted to read: 
§1555-E. Reduced ignition propensity cigarettes 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Agent" means any person licensed by the State Tax Assessor to purchase and 
affix stamps on packages of cigarettes. 
B. "ASTM" means the American Society of Testing and Materials or a successor 
organization. 
C. "Cigarette" means any product that contains nicotine, is intended to be burned or 
heated under ordinary conditions of use and consists of or contains any roll of 
tobacco wrapped in paper or in any substance not containing tobacco or in any 
substance other than tobacco and, because of its appearance, the type of tobacco used 
or its packaging or labeling, is offered to or purchased by consumers as a cigarette. 
D. "Distributor" has the same meaning as in Title 36, section 4401, subsection 2. 
E. "Manufacturer" means: 
(1) An entity that manufactures or otherwise produces cigarettes, or causes 
cigarettes to be manufactured or produced anywhere, that the entity intends to be 
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COMMITTEE AMENDMENT" A, to H.P. 68, L.D. 70 
sold in this State, including cigarettes intended to be sold in the United States 
through an importer; 
(2) The first purchaser anywhere that intends to resell in the Wnited States 
cigarettes manufactured anywhere that the original manufacturer or maker does 
not intend to be sold in the United States; or 
(3) An entity that becomes a successor of an entity described in subparagraph 0) 
or (2). 
F. "Quality control and quality assurance program" means the laboratory procedures 
implemented 
to ensure that operator bias, systematic 
and 
nonsystematic 
methodological errors and equipment-related problems do not affect the results of 
testing under subsection 2. A quality control and quality assurance program ensures 
that the testing repeatability remains within the required repeatability values stated in 
subsection 2, paragraph A, subparagraph (6) fot all test trials used to certify cigarettes 
in accordance with this section. 
G. "Repeatability" means the range of values within which the results of repeated 
cigarette test trials from a single laboratory will fall 95% ofthe time. 
H. 
"Sale" means any transfer of possession or exchange or barter, conditional or 
otherwise, of cigarettes in any manner or by any means or any agreement. In addition 
to cash and credit sales, the giving of cigarettes as samples, prizes or gifts and the 
exchanging of cigarettes for any consideration other than money are considered sales. 
I. "Sell" includes offering to sell or agreeing to sell. 
J. "Tobacco retailer" has the same meaning as in section 1551, subsection 3-A. 
2. 
Test methods and performance standards. 
Cigarette test methods and 
performance standards are governed by the provisions of this subsection. 
A. Unless federal law provides otherwise, cigarettes may not be sold or offered for 
sale in this State or offered for sale or sold to persons located in this State unless the 
cigarettes have been tested in accordance with the test methods and meet the 
performance standards specified in this subsection, a written certification has been 
filed by the manufacturer with the State Fire Marshal in accordance with subsection 3 
and the cigarettes have been marked in accordance with subsection 4. 
(I) Testing of cigarettes must be conducted in accordance with ASTM Standard 
E2187-04, "Standard Test Method for Measuring the Ignition Strength of 
Cigarettes. II 
(2) Testing must be conducted on 10 layers of filter paper. 
(3) No more than 25% of the cigarettes tested in a test trial in accordance with 
this subsection may exhibit full-length burns. Forty replicate tests constitutes a 
complete test trial for each cigarette tested. 
(4) The performance standards required by this subsection may be applied only 
to a complete test trial. 
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COMMITTEE AMENDMENT ·A" to H.P. 68, L.D. 70 
(5) Written certifications must be based upon testing conducted by a laboratory 
that has been accredited pursuant to standard ISO/lEC 17025 of the International 
Organization for Standardization or other comparable accreditation standards 
required by the State Fire Marshal. 
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(6) Laboratories conducting testing in accordance with this subsection shall 
implement a quality control and quality assurance program that includes a 
procedure that will determine the repeatability of the testing results. The 
repeatability value must be no greater than 0.19. 
(7) This subsection does not require additional testing if cigarettes are tested 
consistent with this section for any other purpose. 
(8) Testing performed or sponsored by the State Fire Marshal to determine a 
cigarette's compliance with the performance standards required by this subsection 
must be conducted in accordance with this subsection. 
B. Each cigarette listed in a certification submitted pursuant to subsection 3 that uses 
lowered permeability bands in the cigarette paper to achieve compliance with the 
performance standards set forth in this subsection must have at least 2 nominally 
identical bands on the paper surrounding the tobacco column. At least one complete 
band must be located at least 15 millimeters from the lighting end of the cigarette. 
For cigarettes on which the bands are positioned by design, there must be at least 2 
bands located at least 15 millimeters from the lighting end and 10 millimeters from 
the filter, end of the tobacco column or 10 millimeters from the labeled end of the 
tobacco column for nonfiltered cigarettes. 
C. The provisions ofthis paragraph apply to alternative test methods. 
(1) A manufacturer of a cigarette that the State Fire Marshal determines cannot 
be tested in accordance with the test methods prescribed in paragraph A shall 
propose test methods and performance standards for the cigarette to the State Fire 
Marshal. Upon approval ofthe proposed test methods and a determination by the 
State Fire Marshal that the performance standards proposed by the manufacturer 
are equivalent to the performance standards prescribed in paragraph A, the 
manufacturer may employ the test methods and performance standards to certify 
the cigarette pursuant to subsection 3. 
(2) If a manufacturer has certified a cigarette pursuant to subsection 3 and 
thereafter makes any change to the cigarette that is likely to alter its compliance 
with the reduced ignition propensity standards required by this section, that 
cigarette may not be sold or offered for sale in this State until the manufacturer 
retests the cigarette in accordance with the testing standards set forth in this 
subsection and maintains records of that retesting as required by this subsection. 
Any altered cigarette that does not meet the performance standards set forth in 
this subsection may not be sold in this State. 
(3) If the State Fire Marshal determines that another state has enacted reduced 
ignition propensity standards that include test methods and performance 
standards that are the same as those contained in this subsection and finds that the 
officials responsible for implementing those requirements have approved the 
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COMMITTEE AMENDMENT "A .. to H.P. 68, L.D. 70 
proposed alternative test methods and performance standards for a particular 
cigarette proposed by a manufacturer as meeting the fire safety standards of that 
state's law or regulation, then the State Fire Marshal shall authorize that 
manufacturer to employ the alternative test methods and performancf standards 
to certify that cigarette for sale in this State, unless the State Fire Marshal finds a 
reasonable basis that the alternative test should not be accepted under this 
section. 
All other applicable requirements of this subsection apply to the 
manufacturer. 
D. Each manufacturer shall maintain copies of the reports of all tests conducted on 
all cigarettes offered for sale for a period of 3 years and shall make copies of these 
reports available to the State Fire Marshal and the Attorney General upon written 
request. Any manufacturer who fails to make copies of these reports available within 
days of receiving a written request commits a civil violation for which a fine not 
to exceed $5,000 must be applied for each day after the 60th day that the 
manufacturer does not make such copies available. 
E. The State Fire Marshal may adopt a subsequent ASTM standard test method for 
measuring the ignition strength of cigarettes upon a finding that the subsequent 
method does not result in a change in the percentage of full-length bums exhibited by 
any tested cigarette when compared to the percentage of full-length bums the same 
cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 
and the performance standard in paragraph A, subparagraph (3). 
3. Certification. This subsection governs the certification of cigarettes under this 
section. 
A. Each manufacturer shall submit to the State Fire Marshal a written certification 
attesting that: 
(1) Each cigarette listed in the certification has been tested in accordance with 
subsection 2; and 
(2) Each cigarette listed in the certification meets the performance standards set 
forth in subsection 2. 
B. Information listed in the certification of each cigarette must include: 
( 1) Brand or trade name on the package; 
(2) Style, such as light or ultra light; 
(3) Length in millimeters; 
(4) Circumference in millimeters; 
(5) Flavor, such as menthol, if applicable; 
(6) Filter or nonfilter; 
(7) Package description, such as soft pack or box; 
(8) Marking approved in accordance with subsection 4; 
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to H.P. 68, L.D. 70 
(9) The name, address and telephone number of the laboratory, if different than 
the manufacturer, that conducted the test: and 
(10) The date that the testing occurred. 
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C. The manufacturer must make a certification available to the Attorney General for 
purposes consistent with this section and the State Tax Assessor for the purposes of 
ensuring compliance with this section. 
D. Each cigarette certified under this subsection must be recertified every 3 years. 
4. 
Marking of cigarette packaging. The provisions of this subsection govern 
marking of cigarette packaging. 
A. The packaging of cigarettes that are certified by a manufacturer in accordance 
with subsection 3 must be marked to indicate compliance with the requirements of 
subsection 2. The marking must be in 8-point or larger type and consist of: 
(1) Modification of the universal product code to include a visible mark printed 
in the area of the universal product code. 
This mark may consist of an 
alphanumeric or symbolic character or characters permanently stamped, 
engraved, embossed or printed in conjunction with the universal product code; or 
(2) Any visible combination of alphanumeric or symbolic characters or text 
permanently stamped, engraved or embossed upon the cigarette package or 
cellophane wrap. 
B. 
A manufacturer shall use only one marking and shall apply this marking 
uniformly for all packages, including, but not limited to, packs, cartons and cases, 
and brands marketed by that manufacturer. 
C. Prior to the certification of any cigarette, a manufacturer shall present its proposed 
marking to the State Fire Marshal for approval. Upon receipt of the request, the State 
Fire Marshal shall approve or disapprove the marking offered, except that the State 
Fire Marshal shall approve any marking in use and approved for sale in New York 
pursuant to the New York Fire Safety Standards for Cigarettes. Proposed markings 
are deemed approved if the State Fire Marshal fails to act within 10 business days of 
receiving a request for approval. The State Fire Marshal shall notify the State Tax 
Assessor as to the marking that has been approved. 
D. A manufacturer may not modify its approved marking unless the modification has 
been approved by the State Fire Marshal in accordance with this subsection. 
E. A manufacturer certifying cigarettes in accordance with subsection 3 shall provide 
a copy of the certification to all distributors and agents to which the manufacturer 
sells cigarettes and shall also provide sufficient copies of an illustration of the 
package marking used by the manufacturer pursuant to this section for each tobacco 
retailer to which the distributors or agents sell cigarettes. Distributors and agents 
shall provide copies of these illustrations to all tobacco retailers to which they sell 
cigarettes. 
Distributors, agents and tobacco retailers shall permit the State Fire 
Marshal, the State Tax Assessor, the Attorney General and their employees to inspect 
cigarette packaging marked in accordance with this subsection. 
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COMMITTEE AMENDMENT "A" to H.P. 68, L.D. 70 
5. Violations. Penalties for violating this section are as set out in this subsection. 
A. A manufacturer, distributor, agent or any other person or entity who knowingly 
sells or offers to sell cigarettes, other than through retail sale, in "violation of 
subsection 2, paragraph A commits a civil violation for which a fine of not more than 
$10,000 per each sale of cigarettes must be imposed. 
B. A manufacturer, distributor, agent or any other person or entity who knowingly 
sells or offers to sell cigarettes, other than through retail sale, in violation of 
subsection 2, paragraph A and has previously been adjudicated of violating that 
subsection commits a civil violation for which a fine of not more than $25,000 per 
each sale of cigarettes must be imposed, except that the fine against anyone person 
or entity may not exceed $100,000 during any 30-day period. 
C. A tobacco retailer who knowingly sells 1,000 cigarettes or less in violation of 
subsection 2, paragraph A commits a civil violation for which a fine of not more than 
$500 per each sale or offer for sale of cigarettes must be imposed. 
D. A tobacco retailer who commits a violation as described in paragraph C and has 
previously been adjudicated of committing that violation commits a civil violation for 
which a fine of not more than $2,000 per each sale or offer for sale of cigarettes must 
be imposed. 
E. A tobacco retailer who knowingly sells more than 1.000 cigarettes in violation of 
subsection 2, paragraph A commits a civil violation for which a fine of not more than 
$1,000 per each sale or offer for sale of cigarettes must be imposed, except that this 
fine against any tobacco retailer may not exceed $25,000 during a 30-day period. 
F. A tobacco retailer who commits a violation as described in paragraph E and has 
previously been adjudicated of committing that violation commits a civil violation for 
which a fine of not more than $5,000 per each sale or offer for sale of cigarettes must 
be imposed, except that this fine against any tobacco retailer may not exceed $25,000 
during a 30-day period. 
G. In addition to any other penalty prescribed by law, a corporation, partnership, sole 
proprietor, limited partnership or association engaged in the manufacture of cigarettes 
that knowingly makes a false certification pursuant to subsection 3 commits a civil 
violation for which a fine of not less than $75,000 must be imposed for each false 
certification. 
H. 
A corporation, partnership, sole proprietor, limited partnership or association 
engaged in the manufacture of cigarettes that commits a violation as described in 
paragraph G after having previously being adjudicated of committing that violation 
commits a civil violation for which a fine of at least $75,000 and not more than 
$250,000 must be imposed for each false certification. 
I. A person who commits a violation of a provision of this section other than those 
described in paragraphs A to H commits a civil violation for which a fine of not more 
than $1,000 must be imposed for each violation. 
1. 
A person who commits a violation as described in paragraph I and has been 
previously adjudicated of committing a violation described in paragraph I commits a 
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COMMITTEE AMENDMENT "A " 
to H.P. 68, L.D. 70 
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civil violation for which a fine of not more than $5,000 must be imposed for each 
violation. 
6. Forfeiture. Any cigarettes that have been sold or offered for sale that do not 
comply with the performance standards required by this section are subject to forfeiture 
under Title 36, section 4372-A, as long as, prior to the destruction of any cigarette 
forfeited pursuant to these provisions, the true holder of the trademark rights in the 
cigarette brand must be permitted to inspect the cigarette. 
7. Iniunctive relief. In addition to any other remedy provided by law, the Attorney 
General may file an action in District Court or Superior Court for a violation of this 
section, including petitioning for injunctive relief or to recover any costs or damages 
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suffered by the State because of a violation of this section, including enforcement costs 
relating to the specific violation and attorney's fees. Each violation of this section or of 
rules adopted under this section constitutes a separate civil violation for which the State 
Fire Marshal or Attorney General may obtain relief. 
8. Implementation. This section must be implemented as set out in this subsection. 
A. The State Fire Marshal may adopt routine technical rules, pursuant to Title 5, 
chapter 375, subchapter 2-A, necessary to effectuate the purposes of this section. 
B. 
The State Tax Assessor in'the regular course of conducting inspections of 
distributors, agents and tobacco retailers, as authorized under Title 36, section 4373-
A, may inspect cigarette packaging to determine if it is marked as required in 
subsection 4. If the packaging is not marked as required, the State Tax Assessor shall 
notify the State Fire Marshal. 
C. Beginning in 2009 and every 3 years thereafter, the State Fire Marshal shall 
review the effectiveness of this section and report to the Legislature the State Fire 
Marshal's findings and, if appropriate, recommendations for legislation to improve 
the effectiveness of the implementation of the standards and certification of those 
standards in this section. 
The report and legislative recommendations must be 
submitted no later than March 1st of each year a report is required. 
D. This section must be implemented by the State Fire Marshal in accordance with 
the implementation and substance of the New York Fire Safety Standards for 
Cigarettes or a comparable or successor standard. 
9. Inspection. To enforce the provisions of this section, the Attorney General and 
the State Fire Marshal may examine the books, papers, invoices and other records of any 
person in possession, control or occupancy of any premises where cigarettes are 
manufactured, tested, placed, stored, sold or offered for sale, as well as the stock of 
cigarettes on the premises. Such a person shall give the Attorney General and the State 
Fire Marshal the means, facilities and opportunity for the examinations authorized by this 
subsection. 
10. Fire Prevention and Public Safety Fund. The Fire Prevention and Public 
Safety Fund is established as a nonlapsing fund. The fund must consist of all money 
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recovered as penalties for violations of this section. The money must be deposited to the 
credit of the fund and, in addition to any other money made available for such purpose, 
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COMMITTEE AMENDMENT .. A" to H.P. 68, L.n. 70 
must be made available to the State Fire Marshal to support fire safety and prevention 
programs. 
11. Sale outside of State. Nothing in this section may be construed to prohibit a 
person or entity from manufacturing or selling cigarettes that do not meet the 
requirements of this section if the cigarettes are or will be stamped for sale in another 
state or are packaged for sale outside the United States and that person or entity has taken 
reasonable steps to ensure that such cigarettes will not be sold or offered for sale to 
persons located in this State. 
Sec. 2. Existing inventory may be sold. Notwithstanding the Maine Revised 
Statutes, Title 22, section 155 5-E, subsection 2, paragraph A, distributors or tobacco 
retailers, as defined in Title 22, section 1551, subsection 3-A, may sell their existing 
inventory of cigarettes on or after January 1,2008 if the distributor or tobacco retailer can 
establish that state tax stamps were affixed to the cigarettes prior to January 1, 2008 and 
can establish that the inventory was purchased prior to January 1, 2008 in comparable 
quantity to the inventory purchased during the same period of the prior year. 
Sec. 3. Effective date. This Act takes effect January 1, 2008.' 
&UMMARY 
This amendment replaces the bill. Whereas the bill prohibited the sale of cigarettes 
that do not meet the fire-safe standards established by the State Fire Marshal, the 
amendment requires that all cigarettes sold in the State be certified as meeting reduced 
ignition propensity standards by January 1, 2008 and creates standards for testing in the 
Maine Revised Statutes, Title 22. The amendment includes provisions to allow for the 
sale of existing inventory. 
The amendment also authorizes the State Fire Marshal, the State Tax Assessor and 
the Attorney General to enforce the standards and creates the Fire Prevention and Public 
Safety Fund from fines collected for noncompliance. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/04/07 
frCZe. 
123rd MAINE LEGISLATURE ( 
LD70 
LR429(02) 
An Act To Require Cigarettes Sold in Maine To Be Fire-safe 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor cost increase - Other SpeCial Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
This bill may increase the number of civil suits filed in the court system. 
The collection of additional fines and filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The Office ofthe State Fire Marshal within the Department of Public Safety will incur minor additional costs to 
administer certain requirements pertaining to reduced ignition propensity cigarettes. In addition, the establishment of 
the Fire Prevention and Public Safety Fund will increase dedicated revenue collections and expenditures of the 
department; the amounts can not be determined at this time. The additional costs to the Department of the Attorney 
General can be absorbed utilizing existing budgeted resources. 
LR0429(02) - Fiscal Note - Page 1 of 1