An Act To l'vIake Maine's Laws Consistent with the Federal Family Smoking Prevention and Tobacco Control Act
Maine Legislature, Session 124, LD 1542
Committee: Health and Human Services
Sponsors: PERRY, BRANNIGAN, EVES, JONES, PETERSON, SANBORN, STUCKEY, MILLS

Legislative Document 
No. 1542 
H.P.1086 
House of Representatives, December 21, 2009 
An Act To l'vIake Maine's Laws Consistent with the Federal Family 
Smoking Prevention and Tobacco Control Act 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 17,2009. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative PERRY of Calais. 
Cosponsored by Senator BRANNIGAN of Cumberland and 
I7/d~ 1/1. 7Ilac~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: EVES of North Berwick, JONES of Mount Vernon, PETERSON of Rumford, 
SANBORN of Gorham, STUCKEY of Portland, Senator: MILLS of Somerset. 
Prilllt:J \lll rL't.:yd~t1 pilpcr 
Be it enacted by,the People of the State of Maine as follows: 
Sec. 1. 
MRSA §lS60-D, as amended by PL 2007, c. 612, §1, is further 
amended to read: 
§1560-D. Flavored cigars and flavored tobacco wrappers 
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 other than a taste 
or aroma from tobacco that is imparted to tobacco or tobacco smoke either prior to or 
during consumption, other than a taste or aroma from tobacco, menthol, elove, coffee, 
nl:1ts or peppers. 
A cigar or flavored tobacco wrapper is deemed to have a 
characterizing flavor if the product is advertised or marketed as having or producing a 
flavor, taste or aroma. 
B. "Component part" includes but is not limited to the tobacco, filter, wrapper and 
paper in a cigarette or cigar or any part ora flavored tobacco wrapper. 
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 or cigar or flavored tobacco wrapper during the 
processing, manufacture or packing of the cigarette or cigar or flavored tobacco 
wrapper. "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. 
B. "Flavored cigarette" means a cigarette or any component part thereof that contains 
a constirnent that imparts a characterizinl! flavor. 
E-l. "Flavored tobacco wrapper" means a product sold or used to wrap or contain 
loose tobacco, including blunt wraps, cigarette rolling papers and cigarette tubes, that 
contains a constituent that imparts a characterizing flavor. 
E-2. '.'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 or flavored tobacco wrapper 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 Jl:1ly 1, 2009, 
a A person may not sell or distribute or offer to sell or distribute in this State any flavored 
ciearette or flavored cigar unless-:- the cigar is a premium cigar. 
A. The flavored cigarette or flfPt'ored cigar ''l'as first on the market prior to January], 
1985, based on a statement to that effect filed with the Attorney General by the 
cl:1rrent manl:1facturer and verified by the Attorney General. 
B. The flavored ciearette or flavored ciear is eJ(empt under sl:1bsection 5: or 
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C. The sale is allo'Ned under the transition provisions of subsection 7. 
2-A. Prohibition on sale or distribution of flavored tobacco wrappers. A person 
may not sell or distribute or offer to sell or distribute in this State any flavored tobacco 
wrapper. 
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 or 6 2-A commits a civil violation for which a 
fine of$1,000 may be adjudged. 
B. 
A person who violates subsection 2 or 6 2-A after having previously been 
convicted of a violation of the same 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 exemptions based on a determination by the Attorney 
General that the characterizing flavor is not one knovl'A to appeal or likely to appeal to 
yeHth-: 
A. After an e](emption has been granted for a flavored cigarette or flavored cigar 
under this subsection, a person or entity to vr'hom 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 Attornej' General determines that a material change has been made to the 
product's characterizing flavor. 
0. Tobaeco distributors. Beginning on July 1, 2009, a tobacco distributor may not 
purchase or accept for sale nevI' stock of flavored cigarettes and flavored cigars except for 
flavored ei!!aretiefl or flavored ei!!arfl that are exemnt under fluhfleetion 5. 
7. Transition. Notvl'ithstanding the prohibitions of subsection 2, from July 1, 2009 
to December 31, 2009, To the extent permissible pursuant to federal law, a tobacco 
distributor or retailer may sell flavored cigarettes and flavored cigars exempted under 
former subsection 5 and any flavored tobacco wrappers that the distributor or retailer flekI 
has in stock prior to July 1, 2009 until October 31, 2010. 
8. VVebsite information. To the extent that resources permit, the Attorney General 
shall maintain on a publicly accessible website a list of flavored cigarettes and flavored 
ei!!ars that are authorized for distribution and sale in the State. 
9. Rulemsldug. No later than January IS, 2008, the Attorney General shall adopt 
rules to implement this section. 
R~les adopted pursuant to this subsection are major 
substautive rules as defined in Title 5, chapter 375, subchapter 2 A. 
10. Trsusfers of fuuds. Notwithstanding any other provision of law, fur 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 fur a Healthy 
Maine to General Fund undedicated revenue. 
For fiscal years beginning on or after July I, 2011 the State Controller in consultation 
viith 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. 
Sec. 2. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 22, chapter 262-A, subchapter 5, in the subchapter 
headnote, the words "flavored cigarettes and flavored cigars" are amended to read 
"flavored cigars and flavored tobacco wrappers" and the Revisor of Statutes shall 
implement this revision when updating, publishing or republishing the statutes. 
SUMMARY 
This bill revises 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, which bans the sale of flavored cigarettes. This bill also simplifies 
enforcement of the ban on flavored tobacco products.