An Act To End the Sale of Flavored Tobacco Products
Maine Legislature, Session 130, LD 1550
Committee: Health and Human Services
Sponsors: MEYER, DAVIS, DUNPHY, MILLETT, PIERCE, TALBOT ROSS, ZAGER, BALDACCI, JACKSON
Amends: 22 MRSA §1551, 22 MRSA §1560-D, 22 MRSA §1560-E

Legislative Document
No. 1550
H.P. 1155
House of Representatives, April 22, 2021
An Act To End the Sale of Flavored Tobacco Products
Received by the Clerk of the House on April 20, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: DUNPHY of Old Town, MILLETT of Waterford, MILLETT of Cape 
Elizabeth, PIERCE of Falmouth, TALBOT ROSS of Portland, ZAGER of Portland, Senators: 
BALDACCI of Penobscot, President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1551, sub-§1-D, as enacted by PL 2017, c. 308, §1, is amended 
to read:
1-D.  Electronic smoking device.  "Electronic smoking device" has the same meaning 
as in section 1541, subsection 1‑A means any device that may be used to deliver any 
aerosolized or vaporized substance to the person inhaling from the device, including, but 
not limited to, an electronic cigarette, electronic cigar, electronic pipe, vape pen or 
electronic hookah.  "Electronic smoking device" includes any component, part or accessory 
of the device and also includes any substance that may be aerosolized or vaporized by that 
device, whether or not the substance contains nicotine.  "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.
Sec. 2.  22 MRSA §1551, sub-§1-E is enacted to read:
1-E.  Flavored tobacco product.  "Flavored tobacco product" means any tobacco 
product that imparts a taste or smell, other than the taste or smell of tobacco, that is 
distinguishable by an ordinary consumer either prior to or during the consumption of a 
tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, 
mint, wintergreen, chocolate, cocoa, vanilla, honey or any candy, dessert, beverage, herb 
or spice.
Sec. 3.  22 MRSA c. 262-A, sub-c. 5, as amended, is amended by amending the 
subchapter headnote to read:
SUBCHAPTER 5
FLAVORED CIGARS TOBACCO PRODUCTS
Sec. 4.  22 MRSA §1560-D, as amended by PL 2011, c. 380, Pt. II, §2, is repealed.
Sec. 5.  22 MRSA §1560-E is enacted to read:
§1560-E.  Flavored tobacco products
1.  Prohibition on sale or distribution of flavored tobacco products.  A tobacco 
retailer may not sell or distribute or offer to sell or distribute in this State any flavored 
tobacco product. A public statement or claim made or disseminated by the retailer or 
manufacturer of a tobacco product, or by a person authorized or permitted by the retailer 
or manufacturer to make or disseminate public statements concerning a tobacco product, 
that a tobacco product has or produces a taste or smell other than tobacco constitutes 
presumptive evidence that the tobacco product is a flavored tobacco product.
2.  Violation.  A tobacco retailer who violates this section commits a civil violation for 
which a fine may be imposed under subsection 3.
3.  Fines.  The fines that apply to violations of this section are as set out in this 
subsection.
A.  A tobacco retailer who violates subsection 1 commits a civil violation for which a 
fine of $1,000 may be adjudged.
B.  A tobacco retailer who violates subsection 1 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.
SUMMARY
This bill prohibits the sale and distribution of flavored tobacco products, including 
flavored cigars and electronic smoking devices.