An Act To Increase the Legal Age To Purchase, Use or Sell Tobacco Products
Maine Legislature, Session 125, LD 0589
Committee Amendment CA_A_H614 (House)
Amends: 22 MRSA §1551, 22 MRSA §1555-B

COMMITTEE AMENDMENT "A" to H.P. 447, L.D. 589, Bill, "An Act To 
Increase the Legal Age To Purchase, Use or Sell Tobacco Products" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §1551, sub-§2, as enacted by PL 1995, c. 470, §9 and affected 
by § 19, is amended to read: 
2. Juvenile. "Juvenile" means any individual a person who is younger than +8 19 
years of age. 
Sec. 2. 22 MRS A §1553-A, sub-§l, ~~B and C, as enacted by PL 1995, c. 470, 
§ 9 and affected by § 19, are amended to read: 
B. A sign must be affixed conspicuously to the front of the machine. The sign must: 
(1) Contain lettering that is at least 3/8 inches in height; and 
(2) State the following: "WARNING. It is unlawful for any person under the 
age of +8l2. to purchase cigarettes in this State." 
C. At all times during the hours the vending machine is accessible, it must be located 
within the unobstructed line of sight and under the direct supervision of an adult. 
That adult is responsible for preventing persons under +8 19 years of age from 
purchasing cigarettes or any other tobacco product from that vending machine. 
Sec. 3. 22 MRSA §1555-B, sub-§l, as amended by PL 2009, c. 398, §2 and 
affected by §6, is further amended to read: 
1. Retail sales. Tobacco products may be sold at retail only in a direct, face-to-face 
exchange in which the purchaser may be clearly identified. For direct, face-to-face sales, 
employees who sell tobacco products must be at least ++ li years of age. An employee 
who is at least ++ li years of age but 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. 
COMMITTEE AMENDMENT 
R Of S 
COMMITTEE AMENDMENT "R "to H.P. 447, L.D. 589 
Sec. 4. 22 MRSA §1555-B, sub-§2, as enacted by PL 1997, c. 305, §5, is 
amended to read: 
2. Sales to juveniles prohibited. A person may not sell, furnish, give away or offer 
to sell, furnish or give away a tobacco product to any person under +8 19 years of age. 
Tobacco products may not be sold at retail to any person under 27 years of age unless the 
seller first verifies that person's age by means of reliable photographic identification 
containing the person's date of birth. 
Sec. 5. 22 MRSA §1555-B, sub-§4, as enacted by PL 1997, c. 305, §5 and 
amended by c. 526, § 14, is further amended to read: 
4. Wholesale sales. Tobacco products may be distributed at wholesale without a 
face-to-face exchange only in the normal course of trade and under procedures approved 
by the Bureau of Revenue Services to ensure that tobacco products are not provided to 
any person under +8 19 years of age. 
Sec. 6. 22 MRSA §1555-B, sub-§5-A, as enacted by PL 2003, c. 452, Pt. K, §8 
and affected by Pt. X, §2, is repealed and the following enacted in its place: 
5-A. Possession and use of cigarettes, cigarette papers or tobacco products by 
juveniles prohibited. Except as provided in subsection 5-B, a person under 19 years of 
age may not purchase, possess or use cigarettes, cigarette papers or any tobacco product. 
Sec. 7. 22 MRSA §1555-B, sub-§5-B, as enacted by PL 2003, c. 452, Pt. K, §8 
and affected by Pt. X, §2, is amended to read: 
5-B. Exception to possession by juvenile. A person under +8 19 years of age may 
transport or pennit to be transported in a motor vehicle cigarettes, cigarette papers or 
tobacco products in the original sealed package in which they were placed by the 
manufacturer if the transportation is in the scope of that person's employment. 
Sec. 8. 22 MRSA §1555-B, sub-§5-C, as enacted by PL 2003, c. 452, Pt. K, §8 
and affected by Pt. X, §2, is repealed and the following enacted in its place: 
5-C. Use of false identification by juveniles prohibited. A person under 19 years 
of age may not offer false identification in an attempt to purchase a tobacco product or to 
purchase, possess or use cigarettes, cigarette papers or any other tobacco product. 
Sec. 9. 22 MRSA §1555-B, sub-§§6 and 10, as enacted by PL 1997, c. 305, §5, 
are amended to read: 
6. Display of prohibition of sales to juveniles. A dealer or distributor of tobacco 
products shall post notice of this section prohibiting tobacco and cigarette paper sales to 
persons under +&- 12 years of age. Notices must be publicly and conspicuously displayed 
in the dealer's or distributor's place of business in letters at least 3/8 inches in height. 
Signs required by this section may be provided at cost by the department. 
10. Affirmative defense. It is an affirmative defense to prosecution for a violation 
of subsection 1, 2 or 4 that the defendant sold, furnished, gave away or offered to sell, 
furnish or give away a tobacco product to a person under +812 years of age in reasonable 
reliance upon a fraudulent proof of age presented by the purchaser.' 
COMMITTEE AMENDMENT 
R OF SCOMMITTEE AMENDMENT "~,, to H.P. 447, L.D. 589 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill and 
raises the legal age to purchase or use tobacco products from 18 years of age to 19 years 
of age and allows a person 18 to 20 years of age to sell tobacco products at retail if 
supervised by an employee who is at least 21 years of age. 
FISCAL l\OTE REQt;1RED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/11111 
;k?aC': 
ROFS 
LD589 
LR 974(02) 
An Act To Increase the Legal Age To Purchase, Use or Sell Tobacco Products 
Fiscal Note for Bill as Amended by Committee Amendment "H' 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
$717,683 
($717,683) 
($6,589) 
FY 2012-13 
$942,220 
($942,220) 
($8,662) 
Projections 
FY 2013-14 
$927,869 
($927,869) 
($8,541) 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
FY 2014-15 
$913,848 
($913,848) 
($8,424) 
Raising the legal age to purchase, use or sell tobacco products from 18 years of age to 19 years of age and allowing 
persons 18 years of age to sell tobacco products at retail if supervised by someone at least 21 years of age will reduce 
revenue from the Cigarette Tax, the Tobacco Products Tax and the Sales and Use Tax, lowering General Fund revenue 
and revenue sharing starting in fiscal year 2011-12. 
LR0974(02) - Fiscal Note - Page 1 of 1