reglab/statecodes huggingface dataset:
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-A. Retail tobacco sales license required

§1551-A. Retail tobacco sales license required
1.  Retail tobacco license.
It is unlawful for any person, partnership or corporation that engages in retail sales, including retail sales through vending machines or in free distribution of tobacco products, to sell, keep for sale or give away in the course of trade any tobacco products to anyone without first obtaining a retail tobacco license from the department, in accordance with this chapter.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
2.  Violation; penalty.
Penalties for violation of subchapters I and II are in accordance with those subchapters.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
3.  Enforcement.
The department shall enforce this chapter in cooperation with all law enforcement officers.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
4.  Publish laws and rules.
Every 4 years the department shall publish a compilation of laws and rules concerning retail tobacco sales.
A. The department shall supply a copy of the compilation of laws and rules to every new tobacco retail sales licensee at no charge. The department may charge a reasonable fee for that compilation to cover the cost of producing the compilation to persons other than licensees.   [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
B. The department shall notify all licensees of changes in the tobacco laws and rules within 90 days of adjournment of each regular session of the Legislature.
(1) The department shall supply a copy of the new laws and rules at no charge when requested by licensees.
(2) The department shall supply a copy of the new laws and rules to persons other than licensees for a reasonable fee.   [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
5.  Report.
[PL 2011, c. 657, Pt. AA, §59 (RP).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 2011, c. 657, Pt. AA, §59 (AMD).
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 §1552-A. Production of license; notices

§1552-A. Production of license; notices
1.  Production of licenses.
A licensee shall make available a copy of the license on the premises for inspection by the commissioner, the commissioner's representatives and agents or authorized municipal officials.
[PL 2011, c. 535, §1 (AMD).]
2.  Display of prohibition against sales to persons who have not attained 21 years of age.
All licensees shall post notice of the prohibition on tobacco sales to persons who have not attained 21 years of age, unless the person has attained 18 years of age as of July 1, 2018, pursuant to section 1555‑B. Notices must be publicly and conspicuously displayed in the licensee's place of business in letters at least 3/8 inches high. Signs required by this section must be provided at cost by the department. Any person who violates this subsection commits a civil violation for which a forfeiture of not less than $50 nor more than $200 may be adjudged for any one offense.
[PL 2017, c. 308, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1997, c. 305, §1 (AMD). PL 2011, c. 535, §1 (AMD). PL 2017, c. 308, §4 (AMD).
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 §1553-A. Sales of tobacco products; vending machines

§1553-A. Sales of tobacco products; vending machines
In addition to the tobacco license required in section 1551‑A, the sale of cigarettes or any other tobacco product through a vending machine is subject to the following provisions.   [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
1.  Vending requirements.
When the sale of cigarettes or any other tobacco product is made from a vending machine the following is required.
A. Only cigarettes or any other tobacco products may be dispensed by that machine.   [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
B. A sign must be affixed conspicuously to the front of the machine. The sign must:
(1) Contain lettering that is at least 3/8 inches in height; and
(2) State the following: "WARNING. It is unlawful to sell tobacco products in this State to any person who has not attained 21 years of age, unless the person has attained 18 years of age as of July 1, 2018."   [PL 2017, c. 308, §5 (AMD).]
C. [PL 2017, c. 308, §5 (RP).]
Vending machines may be located only in areas in which persons who are 21 years of age or older are allowed.
[PL 2017, c. 308, §5 (AMD).]
2.  Penalty.
Any person, firm or corporation, in control of a facility in which a vending machine is located, who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged or for which the person, firm or corporation may be prohibited for a period of not more than 6 months from having a cigarette vending machine located on the premises or both.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1997, c. 305, §2 (AMD). PL 2017, c. 308, §5 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 2: PROHIBITED SALES, POSSESSION AND USE › 22 §1554. Sale without a valid license; crime; penalty (REPEALED)

§1554. Sale without a valid license; crime; penalty
(REPEALED)
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 2003, c. 452, §K4 (RP). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 2: PROHIBITED SALES, POSSESSION AND USE › 22 §1554-A. Sale of unpackaged cigarettes

§1554-A. Sale of unpackaged cigarettes
1.  Prohibition.
A person may not:
A. Sell cigarettes except in the original sealed package in which they were placed by the manufacturer, which may not be smaller than 20 cigarettes per package; or   [PL 2003, c. 452, Pt. K, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Sell cigarettes in smaller quantities than placed in the package by the manufacturer.   [PL 2003, c. 452, Pt. K, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. K, §5 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty; employee.
A person who violates this section commits a civil violation for which a fine of not less than $10 and not more than $100 may be adjudged. In all cases of violations, the court shall impose a fine that may not be suspended, except pursuant to Title 15, section 3314.
[PL 2003, c. 452, Pt. K, §5 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Penalty; employer.
The employer of a person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged. In all cases of violations, the court shall impose a fine that may not be suspended.
[PL 2003, c. 452, Pt. K, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1997, c. 305, §3 (AMD). PL 2003, c. 452, §K5 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 2: PROHIBITED SALES, POSSESSION AND USE › 22 §1554-B. Sale without valid license; multiple violations; penalties

§1554-B. Sale without valid license; multiple violations; penalties
1.  License required.
A person may not engage in retail tobacco sales or in free distribution of tobacco products in the ordinary course of trade in this State without a valid license issued under subchapter 1.
[PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalties.
The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $300 plus court costs and not more than $500 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 30 days.   [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who violates subsection 1 and, at the time of the violation, has one prior conviction for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $500 plus court costs and not more than $1,000 plus court costs. The fine and costs may not be suspended. The court also may impose a sentencing alternative involving a term of imprisonment of not more than 60 days.   [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A person who violates subsection 1 and, at the time of the violation, has 2 or more prior convictions for violating this section commits a Class E crime for which the court shall impose a sentencing alternative involving a fine of not less than $1,000 plus court costs and a term of imprisonment of 60 days. The fine, court costs and term of imprisonment may not be suspended. The court also may impose as a sentencing alternative an additional term of imprisonment of not more than 4 months.   [PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Strict liability.
Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
[PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4.  Prior convictions.
Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence.
[PL 2003, c. 452, Pt. K, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 452, §K6 (NEW). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 2: PROHIBITED SALES, POSSESSION AND USE › 22 §1555. Sales of tobacco products to juveniles (REPEALED)

§1555. Sales of tobacco products to juveniles
(REPEALED)
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1995, c. 593, §3 (AMD). PL 1997, c. 305, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 2: PROHIBITED SALES, POSSESSION AND USE › 22 §1555-A. Identification cards

§1555-A. Identification cards
A licensee may refuse to sell tobacco to any person who fails to display upon request an identification card issued under Title 29‑A, section 1410 or a motor vehicle operator's license bearing the photograph of the operator and issued under Title 29‑A.   [PL 1997, c. 437, §2 (AMD).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1997, c. 437, §2 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 2: PROHIBITED SALES, POSSESSION AND USE › 22 §1555-D. Illegal delivery of tobacco products

§1555-D. Illegal delivery of tobacco products
A person may not knowingly transport or cause to be delivered to a person in this State a tobacco product purchased from a person who is not licensed as a tobacco retailer in this State, except that this provision does not apply to the transportation or delivery of tobacco products to a licensed tobacco distributor or tobacco retailer.   [PL 2009, c. 398, §4 (AMD); PL 2009, c. 398, §6 (AFF).]
1.  Lists.
[PL 2011, c. 524, §1 (RP).]
2.  Penalty.
The following penalties apply for violation of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $50 nor more than $1500 may be adjudged for each violation. A fine imposed under this paragraph may not be suspended.   [PL 2003, c. 444, §2 (NEW).]
B. An employer of a person who, while working and within the scope of that person's employment, violates this section commits a civil violation for which a fine of not less than $50 nor more than $1,500 may be adjudged for each violation. A fine imposed under this paragraph may not be suspended.   [PL 2003, c. 444, §2 (NEW).]
[PL 2003, c. 444, §2 (NEW).]
3.  Enforcement.
The Attorney General may bring an action to enforce this section in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or restrain actions in violation of this section by any person or any person controlling such person. In addition, a violation of this section is a violation of the Maine Unfair Trade Practices Act.
[PL 2003, c. 444, §2 (NEW).]
4.  Affirmative defense.
It is an affirmative defense to a prosecution under this section that a person who transported tobacco products or caused tobacco products to be delivered reasonably relied on licensing information provided by the Attorney General under this section.
[PL 2003, c. 444, §2 (NEW).]
5.  Rulemaking.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2003, c. 444, §2 (NEW).]
6.  Forfeiture.
Any tobacco product sold or attempted to be sold in a delivery sale that does not meet the requirements of this section is deemed to be contraband and is subject to forfeiture in the same manner as and in accordance with the provisions of Title 36, section 4372‑A.
[PL 2003, c. 444, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 444, §2 (NEW). PL 2009, c. 398, §4 (AMD). PL 2009, c. 398, §6 (AFF). PL 2011, c. 524, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 2: PROHIBITED SALES, POSSESSION AND USE › 22 §1556. Municipal regulation

§1556. Municipal regulation
Except as otherwise provided in this section, nothing in this chapter affects the authority of municipalities to enact ordinances or regulations that are more restrictive than this chapter.   [PL 1997, c. 63, §1 (AMD).]
When a municipality intends to consider an ordinance or regulation or intends to amend an ordinance or regulation so that the ordinance or regulation would be more restrictive than this chapter, the municipality shall give notice of that intention by mail, at least 30 days prior to consideration of the ordinance, regulation or amendment, to the last known address of each retail tobacco licensee doing business within the municipal corporate limits. This notice must state the time, place and date of a hearing or proposed enactment and the subject matter of the proposed ordinance, regulation or amendment.   [PL 1997, c. 63, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1997, c. 63, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 2: PROHIBITED SALES, POSSESSION AND USE › 22 §1556-A. Enforcement

§1556-A. Enforcement
The provisions of this chapter and Title 36, section 4366‑C may be enforced by law enforcement officers as defined by Title 17‑A or by individuals hired by contract with the department to enforce this law.   [PL 1999, c. 616, §1 (AMD).]
1.  Contract officers.
The authority of contract officers hired under this chapter is limited to enforcement of this chapter and Title 36, section 4366‑C. Authorization to enforce this chapter is granted by the Commissioner of Public Safety, by terms mutually agreed upon between the department and the Department of Public Safety. Contract officers must have an appropriate background in law enforcement. Contract officers are exempt from ongoing training requirements except as otherwise determined by the Commissioner of Public Safety. These contract officers are not considered law enforcement officers for the purposes of enforcing the Maine Juvenile Code.
[PL 2007, c. 467, §1 (AMD).]
2.  Enforcement; jurisdiction.
Enforcement of criminal offenses may be carried out by written summons pursuant to Title 17‑A filed in the District Court. Enforcement of civil violations set forth in section 1555‑B may be carried out by complaint filed in District Court. All civil violations involving licenses issued pursuant to section 1551‑A are within the jurisdiction of the District Court pursuant to section 1557, subsection 1.
[RR 1999, c. 2, §22 (COR); RR 1999, c. 2, §23 (AFF).]
3.  Injunction.
[PL 1995, c. 593, §5 (RP).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1995, c. 593, §§4,5 (AMD). PL 1997, c. 305, §6 (AMD). PL 1997, c. 562, §D4 (AMD). PL 1997, c. 562, §D11 (AFF). RR 1999, c. 2, §22 (COR). RR 1999, c. 2, §23 (AFF). PL 1999, c. 616, §§1,2 (AMD). PL 2007, c. 467, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 3: FINES, REVOCATION AND SUSPENSION › 22 §1557. Jurisdiction; District Court

§1557. Jurisdiction; District Court
1.  Jurisdiction.
The District Court, pursuant to the Maine Administrative Procedure Act, shall conduct hearings on all matters concerning violations by tobacco licensees of any state law related to tobacco sales. Notwithstanding Title 5, chapter 375, subchapter 6, the District Court Judge has exclusive jurisdiction over all violations of this chapter by licensees and their agents or employees when a criminal penalty is not provided.
[PL 2009, c. 199, §4 (AMD).]
2.  Powers.
The District Court may impose fines on licensees and their agents or employees and suspend or revoke licenses in accordance with this chapter.
[PL 2009, c. 199, §4 (AMD).]
3.  Injunction.
If the person licensed to sell tobacco products has engaged in or is about to engage in any act or practice that violates this chapter, the District Court may grant a permanent or temporary injunction, restraining order or other order as appropriate.
[PL 1995, c. 593, §6 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1995, c. 593, §6 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2009, c. 199, §4 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 3: FINES, REVOCATION AND SUSPENSION › 22 §1557-A. Imposition of penalties; causes

§1557-A. Imposition of penalties; causes
The District Court may impose fines or revoke or suspend licenses for the following causes:   [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
1.  Violation of law or infraction of rule.
Violation of state law or rule related to the sale of tobacco products; or
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
2.  False material statement.
Knowingly making a false material statement of fact in an application for licensure of the sale of tobacco products.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 3: FINES, REVOCATION AND SUSPENSION › 22 §1558-A. Record of proceedings; transcript

§1558-A. Record of proceedings; transcript
1.  Court record.
The District Court shall keep a full and complete record of all proceedings before the court of any enforcement actions or on the revocation and suspension of any license issued by the department. The District Court is not required to have a transcript of the testimony prepared unless required for rehearing or appeal.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
2.  Notice to department.
The District Court shall forward to the department notice of final disposition of all proceedings conducted pursuant to this subchapter. The department shall maintain the records of the proceedings for at least 5 years.
[PL 2011, c. 657, Pt. AA, §61 (AMD).]
3.  Notice to defendant.
Notice of the decision of the District Court must be sent to the defendant by certified mail to the address given by the licensee to the department.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2011, c. 657, Pt. AA, §61 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 3: FINES, REVOCATION AND SUSPENSION › 22 §1559. Appeal decision of District Court

§1559. Appeal decision of District Court
1.  Aggrieved person may appeal within 30 days.
A person aggrieved by the decision of the District Court in imposing any forfeiture or fine or in revoking or suspending a license issued by the department or by refusal of the department to issue a license applied for may appeal to the Superior Court by filing a complaint within 30 days of the decision or refusal.
A. The 30-day period for appeal begins on:
(1) The effective date of the suspension or revocation in the case of a license revocation or suspension; or
(2) The day when the department sends notice of refusal, by registered or certified mail, to the applicant for a license in the case of refusal by the department to issue a license.   [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
B. Filing the complaint in Superior Court suspends the running of the 30-day period.   [PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
2.  Suspension or revocation suspended pending appeal.
If the licensee files an appeal in the Superior Court and notifies the District Court that the appeal has been filed within 7 days of the mailing of the decision of the District Court required in section 1558‑A, subsection 3, the operation of a suspension or revocation of a license imposed by the District Court must be suspended, pending judgment of the Superior Court.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
3.  Superior Court hearing.
[PL 2011, c. 559, Pt. A, §23 (RP).]
4.  Superior Court decision.
After the hearing, the Superior Court may affirm, modify or reverse the decision of the District Court.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
5.  Further appeal.
An aggrieved person may appeal the Superior Court decision to the Supreme Judicial Court. Upon appeal, the Supreme Judicial Court, after consideration, may reverse or modify any decree made by the Superior Court based upon an erroneous ruling or finding of law.
[PL 1995, c. 470, §9 (NEW); PL 1995, c. 470, §19 (AFF).]
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2011, c. 559, Pt. A, §23 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 3: FINES, REVOCATION AND SUSPENSION › 22 §1559-A. Transfer of funds (REPEALED)

§1559-A. Transfer of funds
(REPEALED)
SECTION HISTORY
PL 1995, c. 470, §9 (NEW). PL 1995, c. 470, §19 (AFF). PL 2003, c. 673, §CC2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 4: NICOTINE-CONTAINING SUBSTANCES › 22 §1560. Nicotine water

§1560. Nicotine water
1.  Definitions.
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Nicotine water" means water that is sold in the State, that is intended for human consumption and that contains as an added ingredient nicotine or an alkaloid having similar physiological activity.   [PL 2003, c. 623, §1 (NEW).]
[PL 2003, c. 623, §1 (NEW).]
2.  Prohibition.
A person may not sell, furnish, give away or offer to sell, furnish or give away nicotine water in this State.
[PL 2003, c. 623, §1 (NEW).]
3.  Violation.
A person who violates this section commits a civil violation for which fines may be imposed under subsection 4.
[PL 2003, c. 623, §1 (NEW).]
4.  Fines.
The following fines apply to violations of this section.
A. A person who violates subsection 2 commits a civil violation for which a fine of $500 may be adjudged.   [PL 2003, c. 623, §1 (NEW).]
B. A person who violates subsection 2 after having previously violated subsection 2 commits a civil violation for which a fine of $1,000 may be adjudged.   [PL 2003, c. 623, §1 (NEW).]
C. A person who violates subsection 2 after having previously violated subsection 2 more than once commits a civil violation for which a fine of $5,000 may be adjudged.   [PL 2003, c. 623, §1 (NEW).]
[PL 2003, c. 623, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 623, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 262-A: RETAIL TOBACCO SALES › Subchapter 4: NICOTINE-CONTAINING SUBSTANCES › 22 §1560-A. Hard snuff (REPEALED)

§1560-A. Hard snuff
(REPEALED)
SECTION HISTORY
PL 2007, c. 467, §2 (NEW). PL 2007, c. 487, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1561. Removal of private nuisance

§1561. Removal of private nuisance
When any source of filth whether or not the cause of sickness is found on private property and determined to be potentially injurious to health, the owner or occupant thereof shall, within 24 hours after notice from the local health officer, at the owner's or occupant's own expense, remove or discontinue it. If the owner or occupant neglects to do so or unreasonably delays doing so, the owner or occupant forfeits a sum not exceeding $300. The local health officer shall cause the nuisance to be removed or discontinued, and all expenses thereof must be repaid to the town by the owner or occupant or by the person who caused or permitted it.   [RR 2021, c. 2, Pt. B, §93 (COR).]
SECTION HISTORY
PL 1973, c. 430 (AMD). RR 2021, c. 2, Pt. B, §93 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1562. Depositing of dead animal where nuisance

§1562. Depositing of dead animal where nuisance
Whoever personally or through the agency of another leaves or deposits the carcass of a dead horse, cow, sheep, hog or of any domestic animals or domestic fowl or parts thereof in any place where it may cause a nuisance shall, upon receiving a notice to that effect from the local health officer, promptly remove, bury or otherwise dispose of such carcass. If the person fails to do so within such time as may be prescribed by the local health officer, and in such manner as may be satisfactory to the health officer, the person must be punished by a fine of not less than $10 nor more than $100 or by imprisonment for not more than 3 months.   [RR 2021, c. 2, Pt. B, §94 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §94 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1563. Reuse of containers (REPEALED)

§1563. Reuse of containers
(REPEALED)
SECTION HISTORY
PL 1977, c. 457, §3 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1564. Spitting in public places (REPEALED)

§1564. Spitting in public places
(REPEALED)
SECTION HISTORY
PL 1977, c. 457, §3 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1565. X-ray shoe-fitting machines (REPEALED)

§1565. X-ray shoe-fitting machines
(REPEALED)
SECTION HISTORY
PL 1977, c. 457, §3 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1566. Purpose (REPEALED)

§1566. Purpose
(REPEALED)
SECTION HISTORY
PL 1971, c. 521, §1 (NEW). PL 1977, c. 696, §182 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1567. Definitions (REPEALED)

§1567. Definitions
(REPEALED)
SECTION HISTORY
PL 1971, c. 521, §1 (NEW). PL 1977, c. 696, §182 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1568. License (REPEALED)

§1568. License
(REPEALED)
SECTION HISTORY
PL 1971, c. 521, §1 (NEW). PL 1977, c. 696, §182 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1569. Fees (REPEALED)

§1569. Fees
(REPEALED)
SECTION HISTORY
PL 1971, c. 521 (NEW). PL 1977, c. 696, §182 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1570. Rules and regulations (REPEALED)

§1570. Rules and regulations
(REPEALED)
SECTION HISTORY
PL 1971, c. 521, §1 (NEW). PL 1977, c. 696, §182 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1571. Penalty (REPEALED)

§1571. Penalty
(REPEALED)
SECTION HISTORY
PL 1971, c. 521, §1 (NEW). PL 1977, c. 696, §182 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1572. Immunity and employment protection (REPEALED)

§1572. Immunity and employment protection
(REPEALED)
SECTION HISTORY
PL 1973, c. 518, §1 (NEW). PL 1977, c. 696, §183 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1573. Discrimination for refusal (REPEALED)

§1573. Discrimination for refusal
(REPEALED)
SECTION HISTORY
PL 1973, c. 518, §2 (NEW). PL 1977, c. 696, §183 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1574. Sale and use of fetuses (REPEALED)

§1574. Sale and use of fetuses
(REPEALED)
SECTION HISTORY
PL 1973, c. 518, §3 (NEW). PL 1977, c. 696, §183 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1575. Failure to preserve life of live born person (REPEALED)

§1575. Failure to preserve life of live born person
(REPEALED)
SECTION HISTORY
PL 1973, c. 518, §4 (NEW). PL 1977, c. 696, §183 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1576. Live born and live birth, defined (REPEALED)

§1576. Live born and live birth, defined
(REPEALED)
SECTION HISTORY
PL 1973, c. 518, §5 (NEW). PL 1977, c. 696, §183 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1577. Abortion data (REPEALED)

§1577. Abortion data
(REPEALED)
SECTION HISTORY
PL 1977, c. 389 (NEW). PL 1977, c. 696, §184 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1578. Smoking prohibited at public meetings (REPEALED)

§1578. Smoking prohibited at public meetings
(REPEALED)
SECTION HISTORY
PL 1981, c. 333 (NEW). PL 1985, c. 779, §61 (AMD). PL 1987, c. 20, §2 (AMD). PL 1993, c. 342, §2 (RP). PL 1993, c. 342, §9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 1: NUISANCES › 22 §1578-A. Smoking in publicly owned buildings (REPEALED)

§1578-A. Smoking in publicly owned buildings
(REPEALED)
SECTION HISTORY
PL 1987, c. 332 (NEW). PL 1993, c. 342, §3 (RP). PL 1993, c. 342, §9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 2: SMOKING › 22 §1578-B. Tobacco use in elementary and secondary schools prohibited

§1578-B. Tobacco use in elementary and secondary schools prohibited
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Elementary or secondary school" means any public elementary or secondary school approved in accordance with Title 20‑A, chapter 206, subchapter I.   [PL 1987, c. 687 (NEW).]
B. "Principal" has the same meaning as defined in Title 20‑A, section 1, subsection 21.   [PL 1987, c. 687 (NEW).]
C. [PL 2019, c. 61, §1 (RP).]
D. "Tobacco use" means:
(1) Smoking as defined in section 1541, subsection 6; and
(2) Carrying or having in one's possession a tobacco product as defined in section 1551, subsection 3.   [PL 2019, c. 61, §2 (RPR).]
[PL 2019, c. 61, §§1, 2 (AMD).]
2.  Prohibition.
A person may not engage in tobacco use in the buildings or on the grounds of any elementary or secondary school, on a school bus or at any school-sponsored event at any time.
[PL 2019, c. 61, §3 (RPR).]
3.  Exceptions.
[PL 2019, c. 61, §4 (RP).]
4.  Employees.
[PL 2007, c. 156, §3 (RP).]
5.  Public.
[PL 2007, c. 156, §4 (RP).]
6.  Enforcement.
The principal of the elementary or secondary school, or the principal's designee, shall enforce the law prohibiting and restricting tobacco use under this section.
[PL 1987, c. 687 (NEW).]
SECTION HISTORY
PL 1987, c. 687 (NEW). PL 1993, c. 342, §4 (AMD). PL 1993, c. 342, §9 (AFF). PL 2007, c. 156, §§2-4 (AMD). PL 2019, c. 61, §§1-4 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 2: SMOKING › 22 §1579. Prohibition (REPEALED)

§1579. Prohibition
(REPEALED)
SECTION HISTORY
PL 1983, c. 226 (NEW). PL 1983, c. 239 (NEW). PL 1983, c. 816, §A15 (RAL). PL 1989, c. 445, §8 (RPR). RR 1993, c. 1, §52 (COR). PL 1993, c. 301, §1 (AMD). PL 1995, c. 470, §12 (RP). PL 1995, c. 470, §19 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 2: SMOKING › 22 §1579-A. Smoking in restaurants (REPEALED)

§1579-A. Smoking in restaurants
(REPEALED)
SECTION HISTORY
PL 1987, c. 191 (NEW). PL 1989, c. 451, §§1,2 (AMD). PL 1999, c. 54, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 2: SMOKING › 22 §1580. Smoking prohibited in jury rooms (REPEALED)

§1580. Smoking prohibited in jury rooms
(REPEALED)
SECTION HISTORY
PL 1983, c. 816, §A15 (RAL). PL 2009, c. 300, §3 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 2: SMOKING › 22 §1580-B. Smoking in hospitals (REPEALED)

§1580-B. Smoking in hospitals
(REPEALED)
SECTION HISTORY
PL 1989, c. 210 (NEW). PL 1989, c. 241 (NEW). PL 1989, c. 715 (AMD). PL 1989, c. 878, §G1 (RPR). PL 1991, c. 501 (AMD). PL 2001, c. 59, §§1-3 (AMD). PL 2009, c. 300, §8 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 2: SMOKING › 22 §1580-C. Smoking on public transportation buses prohibited (REPEALED)

§1580-C. Smoking on public transportation buses prohibited
(REPEALED)
SECTION HISTORY
PL 1989, c. 743 (NEW). PL 1993, c. 342, §5 (RP). PL 1993, c. 342, §9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 2: SMOKING › 22 §1580-D. Smoking in enclosed areas on ferries prohibited (REPEALED)

§1580-D. Smoking in enclosed areas on ferries prohibited
(REPEALED)
SECTION HISTORY
PL 1989, c. 878, §G2 (NEW). PL 1993, c. 342, §6 (RP). PL 1993, c. 342, §9 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 2: SMOKING › 22 §1580-E. Smoking in state parks and state historic sites

§1580-E. Smoking in state parks and state historic sites
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings:
A. "Enclosed area" has the same meaning as in section 1541, subsection 2;   [PL 2009, c. 65, §1 (NEW).]
B. "Public place" has the same meaning as in section 1541, subsection 4;   [PL 2009, c. 65, §1 (NEW).]
C. "Smoking" has the same meaning as in section 1541, subsection 6;   [PL 2009, c. 65, §1 (NEW).]
D. "State historic site" has the same meaning as "historic site" in Title 12, section 1801, subsection 5; and   [PL 2009, c. 65, §1 (NEW).]
E. "State park" has the same meaning as "park" in Title 12, section 1801, subsection 7.   [PL 2009, c. 65, §1 (NEW).]
[PL 2009, c. 65, §1 (NEW).]
2.  Smoking prohibited.
A person may not smoke tobacco or any other substance in, on or within 20 feet of a beach, playground, snack bar, group picnic shelter, business facility, enclosed area, public place or restroom in a state park or state historic site.
[PL 2009, c. 65, §1 (NEW).]
3.  Signs; public education.
To the extent possible within existing budgeted resources, the Maine Center for Disease Control and Prevention shall erect signs and undertake public education initiatives regarding the prohibition on smoking in certain areas of state parks and state historic sites.
[PL 2009, c. 65, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 65, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263: OFFENSES AGAINST PUBLIC HEALTH › Subchapter 2: SMOKING › 22 §1580-F. Furnishing or allowing consumption of tobacco products by certain persons prohibited

§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.
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.   [PL 2019, c. 495, §3 (NEW).]
B. "Tobacco product" has the same meaning as in section 1551, subsection 3.   [PL 2019, c. 495, §3 (NEW).]
[PL 2019, c. 495, §3 (NEW).]
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   [PL 2019, c. 495, §3 (NEW).]
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.   [PL 2019, c. 495, §3 (NEW).]
[PL 2019, c. 495, §3 (NEW).]
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.
[PL 2019, c. 495, §3 (NEW).]
SECTION HISTORY
PL 2019, c. 495, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-A: COMPRESSED AIR › 22 §1581. Purpose

§1581. Purpose
The purpose of this chapter is to protect the public health; to regulate and license the suppliers of compressed air used in self-contained breathing apparatus; to set up rules and regulations to establish the maximum permissible amount of all contaminants expressed either in percentages or in parts per million of volume, or both; to set up standards for the condition of the compression equipment; and to prescribe penalties for violations of this chapter.   [PL 1977, c. 696, §185 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §185 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-A: COMPRESSED AIR › 22 §1582. Definitions

§1582. Definitions
As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings.   [PL 1977, c. 696, §185 (NEW).]
1.  Breathing apparatus.
"Breathing apparatus" means any breathing device, either high or low pressure, which is used to sustain human life under adverse conditions.
[PL 1977, c. 696, §185 (NEW).]
2.  Department.
"Department" means the Department of Health and Human Services.
[PL 1977, c. 696, §185 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
3.  Suppliers of compressed air.
"Suppliers of compressed air" means any organization, agency, individual, firm, partnership or corporation that provides compressed air to be used in self-contained breathing apparatus.
[PL 1977, c. 696, §185 (NEW).]
4.  Tester of compressed air.
"Tester of compressed air" means any organization, agency, individual, firm, partnership or corporation that is recognized by the department as qualified to inspect and test suppliers of compressed air.
[PL 1993, c. 314, §1 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §185 (NEW). PL 1993, c. 314, §1 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-A: COMPRESSED AIR › 22 §1583. License

§1583. License
It is unlawful for any supplier of compressed air to fill or supply any breathing apparatus with life supporting gases in the State of Maine unless licensed to do so by the department. The initial license fee and the annual renewal license fee shall be $10, except that fire departments shall be exempt from the licensing requirements of this chapter, so long as the use of the apparatus is restricted to departmental use.   [PL 1977, c. 696, §185 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §185 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-A: COMPRESSED AIR › 22 §1583-A. Inspections

§1583-A. Inspections
1.  Satisfactory inspection.
To be eligible for an initial or renewal license, a supplier of compressed air must provide certification from a tester of compressed air based on an inspection in the 6 months prior to application that the compressor equipment, air quality and compressor filling procedures are in compliance with rules of the department.
[PL 1993, c. 314, §2 (NEW).]
2.  Unsatisfactory inspection.
If any aspect of the supplier operation fails to meet department standards, the tester of compressed air shall notify the department of the nature of the deficiencies. The department shall evaluate the deficiencies and determine appropriate licensing action.
If the air provided by a supplier of compressed air exceeds the maximum permissible amount of any contaminant, the tester of compressed air shall notify the supplier that operations must cease and the supplier shall immediately cease operation until the reason is determined, corrections made and a retest conducted to confirm that the contaminant no longer exceeds the maximum permissible amount. The department shall take action to see that the supplier is not operating while this condition exists.
[PL 1993, c. 314, §2 (NEW).]
SECTION HISTORY
PL 1993, c. 314, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-A: COMPRESSED AIR › 22 §1584. Fees

§1584. Fees
All fees shall be collected by the department and remitted to the Treasurer of State and credited to the General Fund.   [PL 1977, c. 696, §185 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §185 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-A: COMPRESSED AIR › 22 §1585. Rules and regulations

§1585. Rules and regulations
The department shall have the authority to promulgate rules and regulations as are necessary to promptly and effectively enforce this chapter.   [PL 1977, c. 696, §185 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §185 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 2: HEALTH › Part 3: PUBLIC HEALTH › Chapter 263-A: COMPRESSED AIR › 22 §1586. Penalty

§1586. Penalty
Whoever violates any of the provisions of this chapter or any rules and regulations made thereunder shall be punished by a fine of not less than $100, nor more than $500, or by imprisonment for not more than 6 months, or by both.   [PL 1977, c. 696, §185 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §185 (NEW).