An Act To Prohibit the Sale and Distribution of Flavored Tobacco Products
Maine Legislature, Session 129, LD 1190
Committee: Health and Human Services
Sponsors: MILLETT, GROHOSKI, BREEN, CLAXTON, MOORE, KORNFIELD, MORALES
Amends: 22 MRSA §1560-D

Legislative Document
No. 1190
S.P. 364
In Senate, March 12, 2019
An Act To Prohibit the Sale and Distribution of Flavored Tobacco 
Products
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Cosponsored by Representative GROHOSKI of Ellsworth and
Senators: BREEN of Cumberland, CLAXTON of Androscoggin, MOORE of Washington, 
SANBORN, L. of Cumberland, Representatives: KORNFIELD of Bangor, McCREA of Fort 
Fairfield, MORALES of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1560-D, as amended by PL 2011, c. 380, Pt. II, §2, is further 
amended to read:
§1560-D.  Flavored tobacco products
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. 
"Characterizing flavor" does not include a taste or aroma from tobacco.  A cigar is 
deemed to have a characterizing flavor if the cigar is advertised or marketed as 
having or producing the taste or aroma of candy, chocolate, vanilla, fruit, berry, nut, 
herb, spice, honey or an alcoholic drink, other than the taste or aroma of tobacco, 
imparted either prior to or during consumption of a tobacco product or component 
part thereof, including, but not limited to, tastes or aromas relating to any fruit, 
chocolate, menthol, mint, wintergreen, vanilla, honey, candy, cocoa, dessert, 
alcoholic beverage, herb or spice; however, a tobacco product may not be considered 
to have a characterizing flavor solely because of the use of additives or flavorings or 
the provision of ingredient information.
B.  "Component part" includes but is not limited to the tobacco, filter and paper in a 
cigar means any element of a tobacco product, including, but not limited to, the 
tobacco, filter and paper, but not including any constituent.
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 cigar a tobacco product during the processing, 
manufacture or packing packaging of the cigar tobacco product. "Constituent" 
includes a smoke constituent.
C-1.  "Electronic smoking device" means a device used to deliver nicotine or any 
other substance intended for human consumption that may be used by a person to 
simulate smoking through inhalation of vapor or aerosol from the device, including, 
without limitation, a device manufactured, distributed, marketed or sold as an 
electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called 
vape pen.  "Electronic smoking device" includes any component, part or accessory of 
such a device, whether or not sold separately, and includes any substance intended to 
be aerosolized or vaporized during the use of the device.  "Electronic smoking 
device" does not include drugs, devices or combination products authorized for sale 
by the United States Food and Drug Administration, as those terms are defined in the 
Federal Food, Drug, and Cosmetic Act.
D.  "Flavored cigar tobacco product" means a cigar or any component part of the 
cigar that contains a constituent that imparts a characterizing flavor tobacco product 
or a component part of a tobacco product that contains a constituent that imparts a 
characterizing flavor.
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 part of the cigar 
tobacco product 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 tobacco products.  Except as 
provided in subsection 5-A, a A person may not sell or distribute or offer to sell or 
distribute in this State any flavored cigar unless the cigar is a premium cigar tobacco 
product.
A public statement or claim made or disseminated by the manufacturer of a tobacco 
product, or by a person authorized or permitted by the manufacturer to make or 
disseminate public statements concerning a tobacco product, that a tobacco product has or 
produces a characterizing flavor constitutes presumptive evidence that the tobacco 
product is a flavored tobacco product.
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 commits a civil violation for which a fine of 
$1,000 may be adjudged.
B.  A person who violates subsection 2 after having previously been convicted of a 
violation of that subsection commits a civil violation for which a fine of $5,000 may 
be adjudged.
5-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 
change is made to the cigar's flavoring, packaging or labeling subsequent to the Attorney 
General's determination.
8.  Website information.  To the extent that resources permit, the Attorney General 
shall maintain on a publicly accessible website a list of flavored cigars that are exempt 
from the prohibition under subsection 5-A and authorized for distribution and sale in the 
State.
10.  Transfers of funds.  Notwithstanding any other provision of law, for fiscal years 
beginning on or after July 1, 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.
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 cigars" are amended to read "flavored tobacco products" 
and the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes.
SUMMARY
This bill prohibits the sale and distribution of flavored tobacco products, including 
flavored cigars.