An Act To Prohibit the Delivery of Tobacco Products to Consumers To Prevent the Sale of Tobacco Products to Minors
Maine Legislature, Session 124, LD 1230
Committee Amendment CA_A-HA_A_H552 (House)

HOUSE AMENDMENT" /J" to COMMITTEE AMENDMENT "A" to H.P. 850, 
L.D. 1230, Bill, "An Act To Prohibit the Delivery of Tobacco Products to Consumers To 
Prevent the Sale of Tobacco Products to Minors" 
Amend the amendment by inserting after the title the following: 
'Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit the Delivery of Tobacco Products to Minors' 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 22 MRS A §1551, sub-§5 is enacted to read: 
5. Premium cigar. "Premium cigar" means a cigar that weighs more than 3 pounds 
per 1,000 and is wrapped in whole tobacco leaf' 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 22 MRS A §1555-C, as enacted by PL 2003, c. 444, §2, is amended to 
read: 
§1555-C. Delivery sales of premium cigars 
The following requirements apply to delivery sales of tobacco products premium 
cigars within the State beginning October I, 2009. 
1. License required. It is unlawful for any person to accept an order for a delivery 
sale of tobacco products premium cigars to a consumer in the State unless that person is 
licensed under this chapter as a tobacco retailer. 
The following penalties apply to 
violations of this subsection. 
A. A person who violates this subsection commits a civil violation for which a fine 
of not less than $50 and not more than $1,500 may be adjudged for each violation. 
B. A person who violates this subsection after having been previously adjudicated as 
violating this subsection or subsection 2~ or 4 commits a civil violation for which a 
fine of not less than $1,000 and not more than $5,000 may be adjudged. 
2. Requirements for accepting order for delivery sale. The following provisions 
apply to acceptance of an order for a delivery sale of tobacco products premium cigars. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 850, L.D. 1230 
A. When accepting the first order for a delivery sale from a consumer, the tobacco 
retailer shall obtain the following information from the person placing the order: 
(1) A copy of a valid government-issued document that provides the person's 
name, current address, photograph and date of birth; and 
(2) An original written statement signed by the person documenting that the 
person: 
(a) Is of legal age to purchase tobacco products in the State; 
(b) Has made a choice whether to receive mailiHgs from a tobacco retailer; 
(c) Understands that providing false information may constitute a violation of 
law; and 
(d) Understands that it is a violation of law to purchase tobacco products 
premium cigars for subsequent resale or for delivery to persons who are 
under the legal age to purchase tobacco products premium cigars. 
B. If an order is made as a result of advertisement over the Internet, the tobacco 
retailer shall request the e-mail address of the purchaser and shall receive payment by 
credit card or check prior to shipping. 
C. Prior to shipping the tobacco products premium cigars, the tobacco retailer shall 
verify the information provided U11der paragraph A against a commercially available 
database derived solely from government records consisting of age and identity 
information, including date of birth. 
D. A person who violates this subsection commits a civil violation for which a fine 
of not less than $50 and not more than $1,500 may be adjudged for each violation. 
E: A person who violates this subsection after having been previously adjudicated as 
violating this subsection or subsection 1,3 or 4 commits a civil violation for which a 
fine of not less than $1,000 and not more than $5,000 may be adjudged. 
3. Requirements for shipping a delivery sale. The followiHg provisioHs apply to a 
tobacco retailer shippiHg tobacco products pursuaHt to a delivery sale. 
A. Prior to shippiHg, the tobacco retailer shall provide to the delivery service the age 
of the purchaser as provided uHder subsectioH 2, paragraph A aHd verified uHder 
subsectioH 2, paragraph C. 
B. Tho tobacco retailer shall clearly mark the outside of the package of tobacco 
products to be shipped to iHdicate that the cOHteHts are tobacco products aHd to shm", 
the Harne aHd State ofMaiHe tobacco IiceHse Humber of the tobacco retailer. 
C. The tobacco retailer shall utilize a delivery service that imposes the following 
requiremeHts: 
(1) The purchaser must be the addressee; 
(2) The addressee must be of legal age to purchase tobacco products and must 
si!m for the nacka2'e: aHd 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "ff" to COMMITIEE AMENDMENT "A" to RP. 850, L.D. 1230 
(3) If the addressee is under 27 years of age, the addressee must show valid 
government issued identification that contains a photograph of the addressee and 
indicates that the addressee is of legal age to purchase tobacco products. 
D. The delivery instructions must clearly indicate the requirements of this subsection 
and must declare that state la",,' requires compliance with the requirements. 
E. A person who violates this subsection commits a civil violation for '""hich a fine of 
not less than $50 and not more than $1,500 may be adjudged for each violation. 
F. A person '''ho violates this subsection after having been previously adjudicated as 
violating this subsection or subsection 1, 2 or 4 commits a civil violation for which a 
fine of not less than $1.000 and not more than $5,000 may be adjudged. 
4. Reporting requirements. No later than the 10th day of each calendar month, a 
tobacco retailer that has made a delivery sale of tobacco products premium cigars or 
shipped or delivered tobacco products premium cigars into the State in a delivery sale in 
the previous calendar month shall file with the Department of Administrative and 
Financial Services, Bureau of Revenue Services a memorandum or a copy of each invoice 
that provides for each delivery sale the name and address of the purchaser and the brand 
or brands and quantity of tobacco products premium cigars sold. A tobacco retailer that 
meets the requirements of 15 United States Code, Section 375 et seq. (1955) satisfies the 
requirements of this subsection. 
The following penalties apply to violations of this 
. subsection. 
A. A person who violates this subsection commits a civil violation for which a fine 
of not less than $50 and not more than $1,500 may be adjudged for each violation. 
B. A person who violates this subsection after having been previously adjudicated as 
violating this subsection or subsection 1, or 2 0f-3. commits a civil violation for which 
a fine of not less than $1,000 and not more than $5,000 may be adjudged. 
5. Unlawful ordering. It is unlawful to submit ordering information for tobacco 
products premium cigars by delivery sale under subsection 2, paragraph A in the name of 
another person. A person who violates this subsection commits a civil violation for 
which a fine of not more than $10,000 may be adjudged. 
6. 
Rulemaking. 
The department and the Department of Administrative and 
Financial Services shall adopt rules to implement this section. Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-
A. 
7. Forfeiture. Any tobacco product premium cigar sold or attempted to be sold in a 
delivery sale that does not meet the requirements of this section is deemed to be 
contraband and is subject to forfeiture in the same manner as and in accordance with the 
provisions of Title 36, section 4372-A. 
8. Enforcement. The Attorney General may bring an action to enforce this section 
in District Court or Superior Court and may seek injunctive relief, including a preliminary 
or final injunction, and fines, penalties and equitable relief and may seek to prevent or 
restrain actions in violation of this section by any person or any person controlling such 
person. In addition, a violation of this section is a violation of the Maine Unfair Trade 
Practices Act.' , 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ·it· to COMMITTEE AMENDMENT "A" to H.P. 850. L.D. )230 
Amend the amendment by striking out all of subsection 6 (page 1, lines 13 to 15 in 
amendment) and inserting the following: 
'6. Exemption. The provisions of this section do not apply to the delivery sale of 
premium cigars to a consumer.' 
Amend the amendment by inserting before the summary the following: 
'Amend the bill by inserting after section 4 the following: 
'Sec. 5. Effective date. This Act takes effect October 1,2009.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.' 
SUMMARY 
This amendment incorporates Senate Amendment "A" except that the definition of 
"premium cigar" is amended by taking out the word "hand." 
This amendment amends Committee Amendment "A" as follows: 
1. It exempts premium cigars from the requirement that delivery sales of tobacco 
products must be shipped to a licensed tobacco distributor or retailer; 
2. It retains current law on shipment of tobacco products, narrowing it beginning 
October 1, 2009 to apply to premium cigars, and retaining the requirement that shippers 
of premium cigars into the State be licensed as tobacco retailers; 
3. It repeals a provision of the law that has been enjoined by the federal court and a 
provision that does not apply to premium cigars; and 
4. It adds an effective dat 
9. 
SPONSOREDBY:~?d~~~~~ __ ~ 
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TOWN: Calais 
HOUSE AMENDMENT