An Act to End the Sale of Flavored Tobacco Products
Maine Legislature, Session 131, LD 1215
Committee Amendment CA_B_S398 (Senate)

COMMITTEE AMENDl\1ENT "B "to S P 496, L D 1215, "An Act to End the Sale 
of Flavored Tobacco Products" 
Amend the bill by stnkmg out the title and substitutmg the followmg 
'An Act to End the Sale of Flavored Vapmg L1qmd' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 22 MRSA c. 262-A, sub-c. 6 is enacted to read 
SUBCHAPTER 6 
FLAVORED V APING LIQUID 
§1560-E. Flavored vapmg hgmd 
Defimtmns. As used m this subchapter, unless the context otherwise mdicates, the 
followmg terms have the followmg meanmgs 
A 
"Charactenzmg flavor" means a distmgmshable flavor, taste or aroma imparted 
either pnor to or durmg consumption of a tobacco product, mcludmg, but not hm1ted 
to, any fnut, chocolate, vamlla, honey, candy, cocoa, dessert, alcoholic beverage, herb 
or spice 
"Charactenzmg flavor" does not mclude the flavor. taste or aroma from 
tobacco or of menthol A vapmg hqmd is deemed to have a charactenzmg flavor if the 
vapmg hqmd or any device, cartridge. component or related product sold m 
combmation with the vapmg hqmd 1s advertised or marketed as havmg or producmg a 
d1stmgmshable flavor, taste or aroma m accordance with this paragraph 
B "Electromc smokmg device" has the same meanmg as m section 1541, subsect10n 
1-A 
C 
"Flavored vapmg hqmd" means any vapmg hqmd that imparts a charactenzmg 
flavor 
"Flavored vapmg bqmd" does not mclude any vapmg hqmd by itself or m 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "f)'' to SP 496, L D 1215 
combmation with an electromc smokmg device that has obtamed a tobacco product 
clearance order or a modified nsk tobacco product order from the Umted States Food 
and Drug Admmistrat10n pursuant to 21 Umted States Code, Sect10n 3 871 or 
387k(g)(l) and (2) 
D "Vapmg hqmd" means any solut10n, mcludmg a hqmd, wax, gel or other substance 
contammg mcotme, that is designed or sold for use with an electromc smokmg device 
Proh1bit10n on sale or d1stnbut1on of flavored vapmg hgmd A person may not 
sell or distribute, offer to sell or distribute or give or furnish any flavored vapmg hqmd 
3. Violation A person who v10lates this sect10n commits a civil v10lat10n for which 
fines may be imposed under subsect10n 4 
4. Fmes. The fines that apply to v10lat1ons of this section are as set out m this 
subsection 
A A person who v10lates subsection 2 commits a c1v1l v10lation f01 which a fine of 
$100 may be ad]Udged 
B A person who v10lates subsection 2 after havmg previously been convicted of a 
v10lation of that subsect10n commits a c1v1l v10lation for which a fine of $1,500 may 
be ad ]Udged ' 
Amend the bill by relettermg or renumbenng any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment, which 1s the mmonty report of the committee, replaces the bill and 
changes the title 
It prohibits a person from sellmg, distnbutmg, offering to sell or 
d1stnbute, givmg or fum1shmg flavored vapmg hqmd that has not obtamed a tobacco 
product clearance order or a modified nsk tobacco product order from the Umted States 
Food and Drug Admm1stration pursuant to 21 Umted States Code, Section 3 87J or 
387k(g)(l) and (2) 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
I
I 
r i 
Net Cost (Savmgs) 
General Fund 
Revenue 
General Fund 
Approved 06/11/23 f!:Yae 
LD 1215 
LR 740(03) 
An Act to End the Sale of Flavored Tobacco Products 
Fiscal Note for BIii as Amended by Comrmttee Amendment 'e;{S-:3?a \ 
Committee: Health and Human SerVIces 
V 
Fiscal Note Reqmred: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
$264,400 
$639,150 
Pro1ections 
FY 2025-26 
$661,000 
ProJections 
FY 2026-27 
$683,850 
Other Special Revenue Funds 
($264,400) 
($1,600) 
($639,150) 
($3,850) 
($661,000) 
($4,000) 
($683,850) 
($4,150) 
Correct1onal and Jud1c1al Impact Statements 
Estabhshes new civil v10lations The addit10nal workload associated with the rmmmal number of new cases filed m 
the court system does not reqmre addit10nal fundmg at this tnne 
The collection of additional fines will mcrease General Fund or other dedicated revenue by mmor amounts 
Fiscal Detail and Notes 
This bill prohibits the sale of flavored vapmg hqmd that has not obtamed a tobacco product clearance order or a 
modified nsk tobacco product order from the Umted States Food and Drug Adrmmstration It will reduce General 
Fund revenue from the sales tax and tobacco products tax by $264,400 m fiscal year 2023-24 and $639,150 m fiscal 
year 2024-25 The decrease m sales tax revenue will reduce Local Government Fund revenue by $1,600 m fiscal year 
2023-24 and $3,850 m fiscal year 2024-25 These estimates assume an effective date of January 1, 2024 
Any add1t10nal costs to the Department of Health and Human Services to adopt the changes m this bill are expected 
to be mmor and can be absorbed withm existmg budgeted resources 
LR0740(03} - Fiscal Note - Page 1 of 1