An Act To Prohibit the Sale and Distribution of Flavored Tobacco Products
Maine Legislature, Session 129, LD 1190
Committee Amendment CA_B_S239 (Senate)
Amends: 17-A MRSA §554, 22 MRSA §1541, 22 MRSA §1580-F

COMMITTEE AMENDMENT "_0 " to S.P. 364, L.D. 1190, Bill, "An Act To 
Prohibit the Sale and Distribution of Flavored Tobacco Products" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit the Sale and Distribution of Flavored Tobacco Products and To 
Prohibit the Furnishing of Tobacco Products to Minors' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 17-A MRSA §554, sub-§1, ,rB, as amended by PL 2015, c. 358, §3, is 
further amended to read: 
B. Knowingly sells, furnishes, gives away or offers to sell, furnish or give away to a 
child under 16 years of age any intoxicating liquor, eigarettes, tobacco product as 
defined in Title 22, section 1551, subsection 3, air rifles, gunpowder, smokeless 
powder or ammunition for firearms. Violation of this paragraph is a Class D crime; 
Sec. 2. 17-A MRSA §554, sub-§2, ,rA, as amended by PL 2015, c. 358, §3, is 
further amended to read: 
A. The defendant was the parent, foster parent, guardian or other similar person 
responsible for the long-term general care and welfare of the child under 16 years of 
age who furnished the child eigarettes, any tobacco product as defined in Title 22, 
section 1551, subsection 3 or a reasonable amount of intoxicating liquor in the actor's 
home and presence; 
Sec. 3. 22 MRSA §1541, sub-§1-A, as enacted by PL 2015, c. 318, §1, is 
amended to read: 
1-A. Electronic smoking device. "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-
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ; 0 /' to S.P. 364, L.D. 1190 ( : •• · .; ~,C\ 
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.' 
Amend the bill in section 1 in §1560-D in subsection 1 by striking out all of 
paragraph A (page 1, lines 7 to 19 in L.D.) and inserting the following: 
'A. 
"Characterizing flavor" means a distinguishable taste or aroma of oandy, 
ohooolate, vanilla, fruit, berry, nut, herb, spioe, honey or an alooholio drink that is 
imparted to tobaooo or tobacco smoke either prior to or during consumption. 
"Characterizing flavor" does not include a taste or aroma from tobacco. },. oigar is 
deemed to have a oharaoterizing flavor if the oigar is advertised or marketed as 
having or producing the taste or aroma of oandy, ohooolate, vanilla, fruit, berry, nut, 
herb, spice, honey or an alcoholic drink, other than the taste or aroma of tobacco, 
menthol, mint or wintergreen, 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, 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.' 
Amend the bill in section 1 in §1560-D in subsection 1 by striking out all of 
paragraph C-1 (page 1, lines 28 to 38 in L.D.) and inserting the following: 
'C-1. 
"Electronic smoking device" has the same meaning as in section 1541, 
subsection 1-A.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 22 MRSA §1580-F is enacted to read: 
§1580-F. 
Furnishing or allowing consumption of tobacco products by certain 
persons prohibited 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Minor" means a person who has not reached the age of 21 years, unless the 
person has attained 18 years of age as of July 1, 2018. 
B. "Tobacco product" has the same meaning as in section 1551, subsection 3. 
2. Offense. Except as provided in subsection 3, a person who is 21 years of age or 
older may not knowingly: 
A. Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver a 
tobacco product for or to a minor. The following penalties apply to violations of this 
paragraph. 
(1) A person who violates this paragraph commits a Class D crime. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"~!J"to S.P. 364,L.D.1190 (S-).JC~ 
/ 
(2) A person who violates this paragraph commits a Class D crime for which a 
fine of not less than $500 may be imposed. none of which may be suspended. if 
the violation involves a minor who is less than 18 years of age. 
(3) A person who violates this paragraph after having been previously convicted 
of violating this paragraph or paragraph B within a 6-year period commits a Class 
D crime for which a fme of not less than $1,000 may be imposed. none of which 
may be suspended. 
( 4) A person who violates this paragraph after having been previously convicted 
of violating this paragraph or paragraph B 2 or more times within a 6-year period 
commits a Class D crime for which a fine of not less than $1,500 may be 
imposed. none of which may be suspended; or 
B. Allow a minor under that person's control or in a place under that person's control 
to possess or consume a tobacco product. The following penalties apply to violations 
of this paragraph. 
(1) A person who violates this paragraph commits a Class D crime. 
(2) A person who violates this paragraph commits a Class D crime for which a 
fine of not less than $1,000 may be imposed. none of which may be suspended. if 
the violation involves a minor who is less than 18 years of age. 
(3) A person who violates this paragraph after having been previously convicted 
of violating this paragraph or paragraph A within a 6-year period commits a 
Class D crime for which a fine of not less than $2,000 may be imposed, none of 
which may be suspended. 
3. Exceptions. This section does not apply to a licensee under chapter 262-A or an 
agent of that licensee in the scope of employment.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment amends the bill by removing the flavors of menthol, mint and 
wintergreen from the list of flavors prohibited in the bill. It makes the definition of 
"electronic smoking device" in the bill consistent with the definition of "electronic 
smoking device" in the Maine Revised Statutes, Title 22. 
It also provides that it is a Class D crime for a person who is 21 years of age or older 
to procure, furnish, give, sell or deliver a tobacco product to a minor or allow a minor 
under that person's control or in a place under that person's control to possess or consume 
a tobacco product. It is an exception to this provision if the person provides a tobacco 
product to a minor in a home in the presence of the minor's parent, guardian or custodian. 
This provision does not apply to a licensee under the Maine Revised Statutes, Title 22, 
chapter 262-A or agents of that licensee in the scope of employment. 
Current law 
provides that a person is guilty of endangering the welfare of a child if the person 
knowingly sells, furnishes, gives away or offers to sell, furnish or give away cigarettes to 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT" k toS.P.364,L.D.1190 /->J'f}\ 
' 
a child under 16 years of age. This amendment instead makes the same conduct illegal 
with respect to a tobacco product. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/15/19 ;:wac:.. 
LD 1190 
LR 143(03) 
An Act To Prohibit the Sale and Distribution of Flavored Tobacco Products 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Fiscal Note for Bil~ as Amended by Committee ~mendment '(;' l °:;,·';).'31' 
Committee: Health and Human Services 
· 
'J 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium revenue decrease - Fund for a Healthy Maine 
FY 2019-20 
FY2020-21 
$3,094,000 
$4,125,000 
' 
Projections 
FY 2021-22 
$4,084,000 
Projections 
FY2022-23 
$4,043,000 
($3,094,000) 
($4,125,000) 
($4,084,000) 
($4,043,000) 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes 
The additional workload associated with the minimal number of new cases filed in the comt system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Prohibiting the sale and distribution of certain flavored tobacco products will reduce General Fund revenue by 
$3,094,000 in fiscal year 2019-20 and $4,125,000 in fiscal year 2020-21. 
Except for some cigars and electronic smoking devices, the tobacco products that are prohibited by this bill are 
included in the overall revenue that is used in the calculation of the Master Settlement Agreement (Tobacco 
Settlement) payments. Therefore, there would also be a decrease in Fund for a Healthy Maine (FHM) revenue in the 
future. However, it is not known how much of the FHM payment received annually is from the flavored products, so 
no estimate of the revenue decrease is made at this time. 
LR0143(03) - Fiscal Note - Page I of I