2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 1: RETAIL TOBACCO LICENSES › 22 §1551. Definitions

§1551. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
1.  Cigarette paper.
"Cigarette paper" means those papers or paper-like products used to roll cigarettes, which by advertising, design or use facilitate the use of tobacco or other products for inhalation.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
1-A.  Consumer.
"Consumer" means an individual who purchases, receives or possesses tobacco products for personal consumption and not for resale.
[PL 2003, c. 444, §1 (NEW).]
1-B.  Delivery sale.
"Delivery sale" means a sale of tobacco products to a consumer in this State when:
A. The purchaser submits the order for the sale by means of telephonic or other electronic method of voice transmission, the Internet or any delivery service; or   [PL 2003, c. 444, §1 (NEW).]
B. The tobacco products are delivered by use of a delivery service.   [PL 2003, c. 444, §1 (NEW).]
A sale to a person who is not licensed as a tobacco distributor or tobacco retailer is a delivery sale.
[PL 2003, c. 444, §1 (NEW).]
1-C.  Delivery service.
"Delivery service" means a person, including the United States Postal Service, who is engaged in the commercial delivery of letters, packages or other containers.
[PL 2003, c. 444, §1 (NEW).]
1-D.  Electronic smoking device.
"Electronic smoking device" has the same meaning as in section 1541, subsection 1‑A.
[PL 2017, c. 308, §1 (NEW).]
2.  Juvenile.
[PL 2017, c. 308, §2 (RP).]
2-A.  Person.
"Person" means an individual, corporation, partnership or unincorporated association.
[PL 2003, c. 444, §1 (NEW).]
2-B.  Tobacco distributor.
"Tobacco distributor" or "distributor" means a person licensed as a distributor under Title 36, chapter 704.
[PL 2003, c. 444, §1 (NEW).]
3.  Tobacco product.
"Tobacco product" means any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, a hookah, pipe tobacco, chewing tobacco, snuff or snus. "Tobacco product" also means an electronic smoking device and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes and liquids used in electronic smoking devices, whether or not they contain nicotine. "Tobacco product" 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.
[PL 2017, c. 308, §3 (RPR).]
3-A.  Tobacco retailer.
"Tobacco retailer" or "retailer" means a person located within or outside the State who sells tobacco products to a person in the State for personal consumption.
[PL 2003, c. 444, §1 (NEW).]
4.  Vending machine.
"Vending machine" means any automated, self-service device that upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
5.  Premium cigar.
"Premium cigar" means a cigar that weighs more than 3 pounds per 1,000 and is wrapped in whole tobacco leaf.
[PL 2009, c. 398, §1 (NEW); PL 2009, c. 398, §6 (AFF).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 2003, c. 444, §1 (AMD). PL 2009, c. 398, §1 (AMD). PL 2009, c. 398, §6 (AFF). PL 2017, c. 308, §§1-3 (AMD).