Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 203 - RULES RELATING TO THE SALE AND DELIVERY OF TOBACCO PRODUCTS IN MAINE › Section 144-203-6 - SALES OF TOBACCO PRODUCTS

Current through 2024-29, July 17, 2024
A.
Retail
				sales.
Tobacco products may be sold at retail only in a direct,
				face-to-face exchange in which the purchaser may be clearly identified. Premium
				Cigars may be sold in a delivery sale under procedures required by 22 MRSA
				§1555-C and Section 10 of these Rules.
B.
Sales to minors prohibited.
A person may not sell, furnish, give away or offer to sell, furnish or give
				away a tobacco product to any person under 18 years of age. Tobacco products
				may not be sold at retail to any personunder 27 years of age unless the seller
				first verifies that person's age by means of reliable photographic
				identification containing the person's date of birth.
C.
Wholesale sales.
Tobacco
				products may be distributed at wholesale without a face-to-face exchange only
				in the normal course of trade and under procedures approved by the Bureau of
				Revenue Services to ensure that tobacco products are not provided to any person
				under 18 years of age.
D.
Manner of displaying and offering for sale.
Tobacco products may be
				displayed or offered for sale only in a manner that does not allow the
				purchaser direct access to the tobacco products. The requirements of this
				subsection do not apply to the display or offering for sale of tobacco products
				in multi-unit packages of 10 or more units, in tobacco specialty stores or in
				locations in which the presence of minors is generally prohibited. This
				requirement does not preempt a municipal ordinance that provides for more
				restrictive regulation of the sale of tobacco products.
E.
Civil violation.
It is a
				civil violation for any person, firm, or corporation to knowingly distribute or
				sell cigarettes or any other tobacco product from a vending machine to a
				personunder 18 years of age.
F.
Penalties.
Any person who violates subsections A through E
				commits a civil violation for which a fine of not less than $50 nor more than
				$1500, plus court costs, may be adjudged for any one offense. Any employer of a
				person who violates this subsection commits a civil violation for which a fine
				of not less than $50 nor more than $1500, plus court costs, may be adjudged for
				any one offense. In all cases of violations, the court shall impose a fine that
				may not be suspended, except pursuant to 15 MRSA §3314.
G.
Vending machines.
In
				addition to the tobacco license required in subsection 2, the sale of
				cigarettes or any other tobacco product through a vending machine is subject to
				the following provisions:
1. Only cigarettes
				or other tobacco products may be dispensed by that machine.
2. A sign with lettering at least 3/8 inches
				in height stating 'WARNING. It is unlawful for any person under the age of 18
				to purchase cigarettes in this State" must be affixed conspicuously to the
				front of the machine.
3. At all
				times during the hours the vending machine is accessible it must be located
				within the unobstructed line of sight and under the direct supervision of an
				adult. That adult is responsible for preventing persons under 18 years of age
				from purchasing cigarettes or any other tobacco product from that vending
				machine.
4. Vending machines may be
				located only in areas in which minors are allowed by law only when accompanied
				by an adult.
5. Any person, firm or
				corporation, in control of a facility in which a vending machine is located,
				who violates this subsection 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.