An Act To Prohibit the Sale and Distribution of Flavored Tobacco Products
Maine Legislature, Session 129, LD 1190
Committee Amendment CA_A_S238 (Senate)

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT " ft" 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 Furnishing of Tobacco Products to Minors' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 17-A l\1RSA §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, cigarettes, 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 l\1RSA §554, sub-§2, 1A, 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 oigarnttes, 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. 221\fflSA §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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" h "to S.P. 364, L.D. 1190 l;, · ,):~/() 
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. 
(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 fine 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 replaces the bill. It 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fl- "to S.P. 364, L.D. 1190 { "::, - ,_;)) 'i:5) 
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. This provision does not apply to a 
licensee under the Maine Revised Statutes, Title 22, chapter 262-A or an agent 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 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 feac:.. 
LD 1190 
LR 143(02) 
An Act To Prohibit the Sale and Distribution of Flavored Tobacco Products 
Fiscal Note for Bill as Amended by Committee Amendment 'l1" ( 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes 
. ~) ~ 
'"\. 
)(') '1 
The additional workload associated with the minimal number of new cases filed in the court 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. 
LR0143(02) ~ Fiscal Note - Page 1 of 1