An Act To Make Maine's Laws Consistent with the Federal Family Smoking Prevention and Tobacco Control Act
Maine Legislature, Session 124, LD 1542
Committee Amendment CA_A_H776 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 1086, L.D. 1542, Bill, "An Act To 
Make Maine's Laws Consistent with the Federal Family Smoking Prevention and 
Tobacco Control Act" 
Amend the bill by striking out all of section I and inserting the following: 
'Sec. 1. 22 MRS A §lS60-D, as amended by PL 2007, c. 612, § I, is further 
amended to read: 
§1560-D. 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 of candy, 
chocolate, vanilla, fruit, berry, nut, herb, spice, honey or an alcoholic drink that is 
imparted to tobacco or tobacco smoke either prior to or during consumption,-etltef 
than a taste or aroma from tobacco, menthol, clove, coffee, nuts or peppers. 
"Characterizing flavor" does not include a taste or aroma from tobacco. A cigar is 
deemed to have a characterizing flavor if the cigar is advel1ised or marketed as 
having or producing the taste or aroma of candy, chocolate, vanilla, fruit, berry, nut, 
herb, spice, honey or an alcoholic drink. 
B. "Component part" includes but is not limited to the tobacco, filter and paper in a 
ci!!arette 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 01' cigar during the processing, manufacture or 
packing of the cigarette or cigar. "Constituent" includes a smoke constituent. 
D. "Flavored cigar" means a cigar or any component part thereof of the cigar that 
contains a constituent that imparts a characterizing flavor. 
E. "Flavored cigarette" means a cigarette or any component part thereof that contains 
a constituent that imoarts a characterizin!! flavor. 
Page I - 124LR2379(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1086, L.D. 1542 
E-1. "Premium cigar" means a cigar that weighs more than 3 pounds per 1,000 cigars 
and is wrapped in whole tobacco leaf. 
F. "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 flavored cigars. Beginning July 1, 2009 
Except as provided in subsection 5-A, a person may not sell or distribute or offer to sell 
or distribute in this State any flavored cigarette or flavored cigar unless.;. the cigar is a 
premium cigar. 
A. The flavored cigarette or flavored cigar was first on the market prior to January 1, 
1985, based on a statement to that effect filed with the Attorney General by the 
current manufacturer and verified by the Attorney General. 
B. The flavored cigarette or flavored cigar is exempt under subsection 5; or 
C. The sale is allowed under the transition provisions of subsection 7. 
3. Violation. A person who violates this section commits a civil violation for which 
fines may be imposed under subsection 4. 
4. Fines. The fines that apply to violations of this section are as set out in this 
subsection. 
A. A person who violates subsection 2 er-6 commits a civil violation for which a fine 
of $1,000 may be adjudged. 
B. A person who violates subsection 2 er-6 after having previously been convicted of 
a violation of the same that subsection commits a civil violation for which a fine of 
$5,000 may be adjudged. 
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 e)(emptions based on a determination by the Attorney 
General that the characterizing flavor is not one known to appeal or likely to appeal to 
yetHlr. 
A. After an exemption has been granted for a flavored cigarette or flavored cigar 
under this subsection, a person or entity to 'Nhom 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 '."hich a fine of not more than $10,000 may be adjudged. 
B. The Attorney General may revoke an e)(emption granted under this subsection if 
the Attorney General determines that a material change has been made to the 
product's characterizing flavor. 
S-A. Exemptions. Any flavored cigar that the Attorney General determined had no 
characterizing flavor or was otherwise exempt under former subsection 5 is exempt from 
the prohibition on flavored nonpremium cigars in subsection 2 so long as no material 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1086, L.D. 1542 
change is made to the cigar's flavoring, packaging or labeling subsequent to the Attorney 
General's determination. 
6. Tobacco distributors. Beginning on July 1, 2009, a tobacco distributor may not 
purchase or accept for sale ne'"" stock of flavored cigarettes and flavored cigars e,wept for 
flavored cigarettes or flavored cigars that are exempt under subsection 5. 
7. Transition. Nohvithstanding the prohibitions of subsection 2, from July 1, 2009 
to December 31, 2009, a tobacco distributor or retailer may sell flavored cigarettes and 
flavored cigars that the distributor or retailer held in stock prior to July 1, 2009. 
8. Website information. To the extent that resources permit, the Attorney General 
shall maintain on a publicly accessible website a list of flavored cigarettes and flavored 
cigars that are exempt from the prohibition under subsection 5-A and authorized for 
distribution and sale in the State. 
9. Rulcmaldng. No later than January 15, 2008, the Attorne]' General shall adopt 
rules to implement this section. Rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2 A. 
10. Transfers of funds. Notwithstanding any other provision of law, for fiscal years 
beginning on or after July I, 2009 the State Controller shall transfer $92,660 no later than 
June 30,2010 and $145,147 no later than June 30, 2011 from the Fund for a Healthy 
Maine to General Fund undedicated revenue. 
For fiscal years beginning on or after July 1, 2011 the State Controller in consultation 
with the State Tax Assessor shall determine the General Fund revenue loss resulting from 
this section and transfer that amount at least annually from the Fund for a Healthy Maine 
to General Fund undedicated revenue.' 
Amend the bill in section 2 in the 4th line (page 3, line 15 in L.D.) by striking out the 
following: "and flavored tobacco wrappers" 
SUMMARY 
This amendment is the majority report of the committee. This amendment revises the 
bill, which amends existing prohibitions on the sale of flavored tobacco products to make 
Maine law consistent with the new federal Family Smoking Prevention and Tobacco 
Control Act. The amendment retains the prohibition on selling flavored nonpremium 
cigars, while exempting cigars previously exempted by the Attorney General. The 
amendment deletes the bill's repeal of portions of the current law regarding an Attorney 
General website and transfer offunds to restore lost revenues to the General Fund. 
FISCAL :\OTE REQllRED 
(See attac~~~L 
COMMITTEE AMENDMENT 
Approved: 03/23/10 ;:!Pac:.. 
LD 1542 
LR 2379(02) 
An Act To Make Maine's Laws Consistent with the Federal Family Smoking Prevention and Tobacco 
Control Act 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue impact - General Fund 
Correctional and Judicial Impact Statements 
Increases civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
FiscalDetail and Notes 
Removing the Attorney General's authority to exempt certain new flavored tobacco products from a ban on such sale 
will result in a minor reduction of future sales tax revenue, which is a minor revenue decrease to the General Fund. 
LR2379(02) - Fiscal Note - Page 1 of 1 
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