An Act to Prohibit the Sale of Flavored Tobacco Products
Maine Legislature, Session 131, LD 1174
Committee: Health and Human Services
Sponsors: PERRY
Amends: 22 MRSA §1551, 22 MRSA §1560-D, 22 MRSA §1560-E

Legislative Document
No. 1174
H.P. 746
House of Representatives, March 14, 2023
An Act to Prohibit the Sale of Flavored Tobacco Products
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Bangor.
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, so-called 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, headnote is amended 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 II, §2, is repealed.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.