Maine

Clean Indoor Air

Public Places

Smoking is prohibited in all enclosed areas of public places and all public restrooms. Exceptions to this law are: 1) public places when they are not open to the public; 2) theaters when smoking is part of the performance; 3) smoking during a religious ceremony or cultural activity; 4) hotel and motel rooms; 5) tobacco specialty stores as defined, provided that the on-premises service, preparation or consumption of food or drink, if the tobacco specialty store is not licensed for such service or consumption prior to January 1, 2007, is prohibited, and smoking a waterpipe or hookah is also prohibited in a tobacco specialty store that is newly licensed or that requires a new license after January 1, 2007; 6) beano or bingo games run by a federally recognized Indian tribe; and 7) designated smoking areas in an off-track betting facility or simulcast racing facility at a commercial track, subject to certain conditions, see the statute cited below for more information. During its normal business hours, a public place must be closed for at least one hour to be considered “not open to the public.” A person under 18 years of age is prohibited from entering a business licensed as a tobacco specialty store unless accompanied by a parent or legal guardian, regardless of whether smoking is allowed in that store.

ME REV. STAT. ANN. Tit. 22, §§ 1541 to 1545 & 1547 (2007) & CODE of ME RULES 10-144, Ch. 249 (2006).

Smoking is prohibited in motor vehicles by the operator or a passenger when a person who has not attained 16 years of age is present in that motor vehicle, regardless of whether the motor vehicle’s windows are open. From September 1, 2008 to August 31, 2009, penalty is a written warning for violation; from September 1, 2009 a $50 civil penalty must be assessed.

ME REV. STAT. ANN. tit. 22, § 1549 (2008).

Government Buildings

Every employer who has one or more employees, must establish, or may negotiate through the collective bargaining process, a written policy on smoking. The definition of “employer” includes the state of Maine or a political subdivision of the state. The policy shall restrict smoking to designated areas. The policy may prohibit smoking throughout the business facility. The employer shall post and supervise the implementation of the policy. The employer shall provide a copy of this policy to any employee upon request.

ME REV. STAT. ANN. tit. 22, § 1580-A & CODE of ME RULES 10-144, Ch. 250 (2006).

Specific criteria for designated smoking areas are contained in a rule promulgated by the Department of Health and Human Services. Designated smoking areas can not be a common area, and must have a floor to ceiling partition such that the ceiling and walls are permanently attached to one another and a door that is kept closed at all times except for ingress or egress. Smoke shall be directly discharged to the outdoors, and the indoor smoking area shall be under negative air pressure. Air exchange requirements for ventilation of a permissible indoor designated smoking area shall be a minimum of 60 cubic feet per minute per person. The designated smoking area must be located in a nonwork area where employees do not otherwise visit or execute their employment duties. The designated smoking area can be located outdoors as long as no smoke drifts back into the business facility.

CODE of ME RULES 10-144, Ch. 250 (2006).

Private Workplaces

Every employer who has one or more employees, must establish, or may negotiate through the collective bargaining process, a written policy on smoking that aims to protect the employer and employees from the detrimental effects of smoking by others. The policy must restrict smoking to designated areas. The policy may prohibit smoking throughout the business facility. The employer shall post and supervise the implementation of the policy, and shall provide a copy of this policy to any employee upon request. All enclosed areas of a business facility into which members of the public are invited or allowed are governed by the law prohibiting smoking in public places.

ME REV. STAT. ANN. tit. 22, § 1580-A & CODE of ME RULES 10-144, Ch. 250 (2006).

The above provisions do not apply to a business facility that is a veterans’ service organization that is not open to the public or to any other club that was not open to the public and that was in operation prior to January 1, 2004 subject to certain conditions. See the statutes/regulations cited below for more detailed information.

ME REV. STAT. ANN. tit. 22, § 1580-A(7) & 1580-A(9) & CODE of ME RULES 10-144, Ch. 250 (2006).

Specific criteria for designated smoking areas are contained in a rule promulgated by the Department of Health and Human Services. Designated smoking areas can not be a common area, and must have a floor to ceiling partition such that the ceiling and walls are permanently attached to one another and a door that is kept closed at all times except for ingress or egress. Smoke shall be directly discharged to the outdoors, and the indoor smoking area shall be under negative air pressure. Air exchange requirements for ventilation of a permissible indoor designated smoking area shall be a minimum of 60 cubic feet per minute per person. The designated smoking area must be located in a nonwork area where employees do not otherwise visit or execute their employment duties. The designated smoking area can be located outdoors as long as no smoke drifts back into the business facility.

CODE of ME RULES 10-144, Ch. 250 (2006).

Schools

Tobacco use in the buildings or on the grounds of any elementary or secondary school is prohibited at all times. Tobacco use may be permitted in classrooms only as part of a bona fide demonstration during a class lesson, with prior notice being given to the school’s administrator. 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. Indoor smoking areas negotiated by collective bargaining under a previous exemption in this law may be kept until the contract comes up for renewal.

ME REV. STAT. ANN. tit. 22, § 1578-B (2007).

Child Care Centers

Smoking is prohibited in all child care facilities. In the case of a child care facility that is not home-based, smoking is also prohibited in a facility-designated motor vehicle within 12 hours before transporting a child who is in the care of the child care facility, and whenever such child is present in the vehicle. Smoking is also prohibited in outdoor areas of the facility where children may be present. In a private residence used as a day care or baby-sitting service, smoking is prohibited in the residence, during the hours of operation as a day care or baby-sitting service; in outdoor areas on the property of that private residence, wherever a child under care may be present; and during the facility’s hours of operation, in a motor vehicle owned or operated by the facility whenever a child under care is in the vehicle.

ME REV. STAT. ANN. tit. 22, §§ 1541 to 1545 & 1547 (2007) & CODE of ME RULES 10-144, Ch. 249 (2006).

Smoking is prohibited in a foster home when a foster child is present. When a foster child is absent from the foster home, smoking is prohibited within 12 hours prior to their expected return. Smoking is also prohibited in a foster parents’ motor vehicle within 12 hours of transporting a foster child and whenever the foster child is present in the vehicle.

CODE of ME RULES 10-148 § 16-9(k) (2004).

Health Facilities

A person may not smoke tobacco or any other substance in any enclosed area of any hospital, except that a hospital may establish an enclosed and adequately ventilated smoking area for patient use. Nothing in this subsection prohibits a hospital from designating the entire hospital campus, both buildings and grounds, as a nonsmoking area.

ME REV. STAT. ANN. tit. 22, § 1580-B (2001).

Smoking by residents, visitors and personnel in licensed nursing homes is restricted to designated areas.

ME REV. STAT. ANN. tit. 22, § 1825 (1983).

Restaurants

Restaurants: Smoking is prohibited in restaurants.

ME REV. STAT. ANN. tit. 22, §§ 1541 to 1545 & 1547 (2007) & CODE of ME RULES 10-144, Ch. 249 (2006).

Bars: Smoking is prohibited in lounges and taverns.

ME REV. STAT. ANN. tit. 22, §§ 1541 to 1545 & 1547 (2007) & CODE of ME RULES 10-144, Ch. 249 (2006).

Penalties/Enforcement

“No Smoking” or “Smoking permitted” signs must be posted in public places where smoking is regulated. A person who violates any provision of the law governing smoking in public places or the law governing smoking in workplaces commits a civil violation for which a forfeiture not to exceed $100 may be adjudged, except that a fine of up to $1,500 may be adjudged for each violation in cases when a person or employer engages in a pattern of conduct that demonstrates a lack of good faith in complying with these requirements. The Attorney General may bring an action to enforce this chapter 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 chapter by a person or any person controlling such person.

ME REV. STAT. ANN. Tit. 22, §§ 1543 (1993) 1545 (2005), 1548 (2005), 1580-A(4) (2005) & 1580-A(4-A) (2005) & CODE of ME RULES 10-144, Ch. 249 (2006).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: $2.00

Date last changed: September 19, 2005 — from $1.00 to $2.00

Year first enacted: 1941

ME. REV. STAT. ANN. tit. 36, § 4365 (2005).

All cigarette tax revenue is credited to the general fund.

ME. REV. STAT. ANN. tit. 36, § 4381 (2005).

Other Tobacco Products

Smokeless tobacco, including chewing tobacco and snuff: 78% of the wholesale sales price;

Cigars, pipe tobacco, and other tobacco intended for smoking: 20% of the wholesale sales price

ME. REV. STAT. ANN. tit. 36, § 4403 (2005).

Revenue Collected

$152,957,000

Youth Access

Compliance/Enforcement

The Department of Health and Human Services shall enforce the tobacco retail licensing laws and sales of tobacco products through vending machines in cooperation with all law enforcement officers. Retail tobacco sales laws may be enforced by law enforcement officers or by individuals hired by contract with the Department of Health and Human Services to enforce these laws.

ME REV. STAT. ANN. tit. 22, §§ 1551-A (1995) & 1556-A (1999).

The Office of Substance Abuse within the Department of Health and Human Services shall coordinate the enforcement of the state’s laws relating to the sale and use of tobacco products by minors. The office shall ensure compliance with the Synar Act, including the preparations of reports for the signature of the governor.

ME REV. STAT. ANN. tit. 5 § 20002(3) (2003).

Photo ID: Tobacco products may not be sold at retail to any person less than 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. Violation is subject to the same penalties listed under the “Penalties for Sales to Minors” category.

ME REV. STAT. ANN. tit. 22, § 1555-B (1997).

Penalties for Sales to Minors

A person may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person under the age of 18. This also applies to sales from cigarette vending machines. Any person who violates this law commits a civil violation for which a fine between $50 and $1,500, plus court costs must be adjudged for any one offense. Any employer of a person who violates this law commits a civil violation for which a fine between $50 and $1,500 plus court costs must be imposed. It is an affirmative defense to prosecution that the defendant sold cigarettes, cigarette paper or any other tobacco product to a person under 18 years of age who furnished fraudulent proof of age.

ME REV. STAT. ANN. tit. 22, § 1555-B (1997).

The District Court may impose fines as listed above or revoke or suspend licenses for violation of state laws or rules related to the sale of tobacco products. License suspensions apply only to the premises where the violation occurs, but the court may order that a revocation apply to any of a licensee’s premises or machines. Suspensions and revocations must be for a definite period of time.

ME REV. STAT. ANN. tit. 22, §§ 1557 to 1559 (2001).

Penalties to Minors

It is unlawful for any person under the age of 18 to offer false identification in attempting to purchase any tobacco products or to purchase, possess or use cigarettes, cigarette paper or any other tobacco product. A minor may transport cigarettes if it is in the scope of that person’s employment. Any person who violates this section commits a civil violation for which the following forfeitures may be adjudged: a fine between $100 and $300 and/or community service may be imposed for the first offense; a fine between $200 and $500 and/or community service may be imposed for the second offense; and, a mandatory fine of $500 that may not be suspended, and possibly additional community service for all subsequent offenses.

ME REV STAT. ANN. tit. 22, § 1555-B (1997).

Placement of Tobacco Products

Prohibits purchasers from direct access to tobacco products. This law does not apply to multi-unit packages of 10 or more units, tobacco specialty stores or in locations where minors are prohibited.

ME REV STAT. ANN. tit. 22, § 1555-B (11) (1999).

Sign Posting

A dealer or distributor of tobacco products shall post notice of this section prohibiting tobacco and cigarette paper sales to persons less than 18 years of age. Signs may be provided at cost by the department. Failure to post the required notice is a civil violation for which a fine between $50 and $200 may be imposed for the first and subsequent offenses.

ME REV. STAT. ANN. tit 22, §§ 1552-A & 1555-B (1997).

Other Provisions

Internet Sales: Before a sale of tobacco products by phone, the Internet, or by a delivery service, a tobacco retailer must obtain a copy of a government issued ID, and a written statement from the customer documenting that the customer is at least 18 years of age, and understands that providing false information or purchasing tobacco products for a minor is illegal. The information must be confirmed against a commercially available database derived solely from government records. The tobacco retailer must also use a delivery service that requires the purchaser to be the addressee, the addressee must be of legal age to purchase tobacco products and must sign for the package, and must show valid government-issued identification that contains a photograph of the addressee. Tobacco retailers must be licensed by the state, and unlicensed tobacco retailers are not allowed to engage in delivery sales in the state. Violations of the above provisions are civil violations subject to fines from $50 to $1,500 for a first violation and $1,000 to $5,000 for subsequent violations.

ME REV STAT. ANN. Tit. 22, §§ 1551(1A to 3A) & 1555 C&D (2003).

Note: Parts of this law were struck down by the U.S. Supreme Court in the case Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008, and are no longer in effect.

Tobacco products may be sold at retail only in a direct, face-to-face exchange in which the purchaser may be clearly identified and through the mail under procedures approved by the department to provide reliable verification that the purchaser is not a minor. For direct, face-to-face sales, employees who sell tobacco products must be at least 17 years of age. An employee who is at least 17 years of age but less than 21 years of age may sell tobacco products only in the presence of an employee who is at least 21 years of age and is in a supervisory capacity.

ME REV STAT. ANN. tit. 22, § 1555-B(1) (2005).

A person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this state a novelty lighter. Novelty lighter means a mechanical or electrical device typically used for lighting cigarettes, cigars or pipes that is designed to appear to be a toy, feature a flashing light or make musical sounds. “Novelty lighter” does not include: a lighter manufactured prior to January 1, 1980; a lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame; or any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills. Violation is a civil violation and is subject to a fine of up to $500.

ME REV STAT. ANN. Tit. 25, § 2467 (2008).

A person may not sell, furnish, give away or offer to sell, furnish or give away nicotine water in this state. “Nicotine water” is defined as water intended for human consumption and that contains as an added ingredient nicotine or an alkaloid having similar physiological activity. Violation is a civil violation subject to a fine of $500 for the first offense, $1,000 for a second violation and $5,000 for the third and subsequent violations.

ME REV STAT. ANN. Tit. 22, § 1560 (2004).

Nothing in the chapter on retail tobacco sales affects the authority of municipalities to enact ordinances or regulations (or amendments to same), that are more restrictive, except that they must give notice to licensees doing business in the municipality at least 30 days prior to consideration of such ordinances, regulations, or amendments.

ME REV. STAT. ANN. tit 22, § 1556 (1997).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

A person may not furnish or give away or offer to furnish or give away a tobacco product to any person under the age of 18 or to any individual who does not demonstrate through either a driver’s license or photo identification card that the individual is at least 18. Violation is subject to the penalties listed under the “Penalties for Sales to Minors” category.

ME REV. STAT. ANN. tit. 22, § 1555-B (1997).

Single Cigarettes

A person may not sell cigarettes except in the original, sealed package in which the manufacturer placed them, which may not be smaller than 20 cigarettes per package, or sell cigarettes in smaller quantities than placed in the package by the manufacturer. A person who violates this section commits a civil violation for which a forfeiture between $10 and $100 may be adjudged. An employer of a person who violates this law commits a civil violation for which a forfeiture between $100 and $1,000 may be adjudged.

ME REV. STAT. ANN. tit. 22, § 1554-A (2003).

A distributor may not offer for sale or sell tobacco products if the package containing the tobacco products is subject to and does not comply with the Federal Cigarette Labeling and Advertising Act for the placement of labels, warnings or any other information for a package of tobacco products to be sold within the United States. Violation of this provision is a Class E crime for the first offense and a Class D crime for subsequent offenses.

ME REV. STAT. ANN. tit. 36 § 4404-B (2006).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Any vending machine used for the sale of tobacco products may only dispense tobacco products. 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 responsible for preventing persons under 18 years of age from purchasing any tobacco product from that machine. Vending machines may be located only in areas where minors, if permitted, must be accompanied by an adult.

ME REV. STAT. ANN. tit. 22, § 1553-A (1997).

Penalty

Any person in control of a facility who violates this section commits a civil violation for which a fine between $100 to $500 may be adjudged, or the person may be prohibited from having a cigarette vending machine located on the premises for up to six months, or both.

ME REV. STAT. ANN. tit. 22, § 1553-A (1995).

Sign Posting

A sign must be affixed to the front of the machine warning that it is unlawful for a minor to purchase cigarettes in this state. Penalty for violation is listed above.

ME REV. STAT. ANN. tit. 22, § 1553-A (1997).

Licensing Requirements

Requirements

All tobacco product retailers, including those who conduct sales through vending machines or engage in free distribution of tobacco products, must obtain a license from the Department of Human Services. A separate license shall be obtained for each place of business and vending machine. All retail licenses are valid for one year unless suspended or revoked. Selling tobacco products at retail, through a vending machine or distribution of free samples without a license is subject to a fine of $300 to $500 plus court costs and an additional penalty of not more than 30 days imprisonment at the court’s discretion for a first violation; a fine of $500 to $1,000 plus court costs and an additional penalty of not more than 60 days imprisonment at the court’s discretion for a second violation; and a fine of not less than $1,000 plus courts costs and 60 days imprisonment and an additional penalty of not more than four months imprisonment at the court’s discretion for a third violation.

ME REV. STAT. ANN. Tit. 22, §§ 1551-A (1995), 1552 (2003) & 1554-B (2003).

A distributor of cigarettes and/or other tobacco products shall obtain a license from the state Tax Assessor. A license must be obtained for each wholesale outlet maintained by the distributor, must be prominently displayed on the premises of the wholesale outlet and is not transferable. A distributor’s license expires one year from the 30th day of June next succeeding the date of issuance. A distributor who imports into this state, sells at wholesale, offers for sale at wholesale or possesses with intent to sell at wholesale any cigarettes or other tobacco products without holding the required license commits a civil violation for which a forfeiture of not less than $250 to $500 must be adjudged for the first violation and a forfeiture of not less than $500 to $1,000 must be adjudged for each subsequent violation.

ME REV. STAT. ANN. tit. 36, §§ 4362-A (2003) & 4402 (2006).

It is unlawful for any person to accept an order for a delivery sale of tobacco products to a consumer in the State unless that person is licensed as a tobacco retailer. A “delivery sale” is defined as a sale of tobacco products by phone, over the Internet, or by a delivery service. Engaging in a delivery sale without a license is subject to a fine of $50 to $1,500 for the first violation, and $1,000 to $5,000 for subsequent violations.

ME REV. STAT. ANN. tit. 22, § 1555-C (2003).

Fee

The annual fee for each retail establishment, vending machine or person engaging in free distribution of tobacco products is set according to rules promulgated by the Department of Health and Human Services.

ME. REV. STAT. ANN. tit 22, § 1552 & CODE OF ME RULES 10-144, chap. 203 § 3 (2005).

License Suspension for Sales to Minors

The District Court may impose fines or revoke or suspend licenses for violation of state laws or rules related to the sale of tobacco products. License suspensions apply only to the premises where the violation occurs, but the court may order that a revocation apply to any of the licensee’s premises or machines. Suspensions and revocations must be for a definite period of time.

ME REV. STAT. ANN. tit. 22, §§ 1557 to 1559 (2001).

Smoker Protection Laws

An employer or an agent of an employer may not require, as a condition of employment, that any employee or prospective employee refrain from using tobacco products outside the course of their employment or otherwise discriminate against any person with respect to the person’s compensation, terms, conditions or privileges of employment for using tobacco products outside the course of employment as long as the employee complies with any workplace policy concerning the use of tobacco.

ME REV. STAT. ANN. tit. 26, § 597 (1991).

Tobacco Liability

Industry Protection

Note: No appeal bond is required to appeal monetary judgments in lawsuits in Maine.

Tobacco Settlement

Tobacco Control Appropriations

Maine allocated $10,896,673 for tobacco prevention and cessation programs for FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual MSA payment. $16,926,452 was allocated in FY2008. This is the second year of the FY2008-FY2009 biennium.

FY2008-FY2009 Biennial Budget (Pub. Law 2007, chap. 240 – L.D. 499) enacted 6/7/07 and effective 7/1/07 (FY2008) & 7/1/08 (FY2009).

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