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: Health and Human Services
Sponsors: PERRY, PETERSON, STUCKEY, WEBSTER, MARRACHE
Amends: 22 MRSA §1555-D

124th MAINE LEGISLATURE' 
Legislative Document 
No. 1230 
H.P.850 
House of Representatives, March 26, 2009 
, An Act To Prohibit the Delivery of Tobacco Products to Consumers 
To Prevent the Sale of Tobacco Products to Minors 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative PERRY of Calais. 
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1?1.11ltl£~{ 
MILLICENT M. MacFARLAND 
Clerk 
,Cosponsored by Representatives: PETERSON ofRum~ord, STUCKEY of Portland, 
WEBSTER of Freeport, Senator: MARRACHE of Kennebec. 
Primed UII recydcd pilpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.22 MRSA .§1555-B, sub-§l, as amended by PL 2005, c. 223, §4; is 
further amended to read: 
1. Retail sales. Tobacco products rpay be sold at retail only in a direct, face-to-face 
exchange in which the purchaser may be 'clearly identified and through the mail under 
procedures approved by the department to provide reliable verification that the purchaser 
is not a minor. For direct, face-to-face sales, employees who sell tobacco products must 
be at least 17 years of age. An employee who is at least 17 years of age put less than 21 
years of age may sell tobacco products only in the presence of an employee who is at 
least 21 years of age and is in a supervisory capacity. 
Sec. 2. 22 MRS A §1555-C, as enacted by PL 2003, c. 444, §2, is repealed. 
Sec. 3. 
MRSA §1555-D, first err, as enacted by PL 2003, c. 444, §2, IS 
. amended to read: 
A person may not !mowingly transport or cause to be delivered to a person in this 
State a tobacco product purchased from a person who is not licensed as a tobacco retailer 
in this State, except that this provision does not apply to the transportation or delivery of 
tobacco products to a licensed tobacco distributor or tobacco retailer. A person is deemed 
to know that a package contains a tobacco product if the package is marked in accordance 
with the requirements of section 1555 C, subsection 3, paragraph B or if the person 
receives the package from. a person listed as an unlicensed tobacco retailer by the 
Attomev General under this section. 
Sec. 4. 22 MRS A §1555-F is enacted to read: 
. 
§1555-F. Delivery sales of tobacco products 
1. Prohibition against delivery sales to consumers. The following requirements 
apply to delivery sales of tobacco products within the State. 
A. A tobacco product may not be shipped to anyone other than a licensed tobacco 
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distributor or licensed tobacco retailer in this State. 
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B. A person may not, with knowledge or reason to !mow of the violation, provide 
substantial assistance to a person in violation of this section. 
2~ Acceptance of delivery of tobacco products. Only a licensed tobacco distributor 
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. or licensed tobacco retailer may accept delivery of tobacco products in this State. 
3. Penalties. The following penalties apply to violations of this section. 
A. A person who violates this section commits a civil violation for which a fine of 
not less than $1,000 and not more than $5,000 may be adjudged for each violation. 
B. 
An employer of a person who, while working and within the scope of that 
. person's employment, violates this section commits a civil violation for which a fine 
of not less than $1,000 and not more than $5,000 may be adjudged for each violation. 
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C. 
For purposes of this section, each shipment or transport of tobacco products 
constitutes a separate violation. 
D. The Attorney General may bring an action to enforce this section in District Court 
or Superior' Court and may seek injunctive relief, including 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 ofthis section is a violation of the Maine Unfair 
Trade Practices Act. 
E. If a court determines that a person has violated the provisions of this section, the 
court shall order any profits, gains, gross receipts' or other benefits from the violation 
to be disgorged and paid to the Treasurer of State for deposit in the General Fund. 
Unless otherwise expressly provided, the penalties or remedies or both under this 
section are in addition to any other penalties and remedies available under any other 
law of this State. 
4. 
Rulemaldng. 
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. 
5. Forfeiture. Any tobacco product sold or attempted to be sold in violation 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. 
SUMMARY 
This bill prohibits delivery sales of tobacco products in the State to anyone other than 
a licensed tobacco distributor or a licensed tobacco retailer.