The Laws on Tobacco in Maine Updates
Maine seeks repeal tobacco lozenge ban
March 5, 2008
AUGUSTA, Maine (AP) – Maine lawmakers want to repeal a ban they enacted last year on the sale of a tobacco lozenge product known as hard snuff.
The Senate on Wednesday gave its final approval to the bill and sent it to Gov. John Baldacci for his signature.
The ban on selling or giving away hard snuff was passed last year as part of a broader anti-tobacco bill. In the meantime, lawmakers were told they had made a mistake.
The company that markets the product says it is widely used by smokers to wean them from tobacco dependence. They also say their product is packaged so it is not attractive to minors.
The ban took effect last September 20th. The repeal would take effect immediately upon Baldacci’s signature.
March 5, 2008
AUGUSTA, Maine (AP) – Maine lawmakers want to repeal a ban they enacted last year on the sale of a tobacco lozenge product known as hard snuff.
The Senate on Wednesday gave its final approval to the bill and sent it to Gov. John Baldacci for his signature.
The ban on selling or giving away hard snuff was passed last year as part of a broader anti-tobacco bill. In the meantime, lawmakers were told they had made a mistake.
The company that markets the product says it is widely used by smokers to wean them from tobacco dependence. They also say their product is packaged so it is not attractive to minors.
The ban took effect last September 20th. The repeal would take effect immediately upon Baldacci’s signature.
Know The Laws on Tobacco in Maine
Pam Studwell
Introduction
?Maine’s first law regarding smoking was enacted over 100 years ago. However, most legislation concerning smoking and public health has been passed since 1981. This online brochure gives a brief overview of some of Maine’s current laws regarding tobacco use. If you are unable to print the brochure, please call or write us for a copy.
Laws Related to Secondhand Smoke
These laws protect Maine citizens from the hazardous substances in secondhand smoke. Secondhand smoke causes lung cancer and heart disease and increases breathing problems for children and adults with lung diseases, including asthma.
22 M.R.S.A. ? 1580-A: Workplaces Generally
Indoor workplaces must be smoke-free, except that employers may provide an enclosed, mechanically ventilated designated smoking area as long as it meets strict state requirements for construction.? It may not be in any area where employees are performing work or in a common area such as a lunch room, break room or rest room. Employers may ban smoking entirely, subject to collective bargaining where applicable. Each employer must have a written smoking policy.? Effective September 2006, private clubs are exempt from the law if all employees and a majority of members who cast ballots agree to allow smoking.? Fine: Up to $100 per violation, but up to $1,500 per violation for a pattern of conduct. Injunctive and other equitable relief also available. Employees may not be discharged, disciplined or otherwise discriminated against for assisting in enforcement of the law.? Enforced by DHHS.
22 M.R.S.A. ? 1541 et seq.: Public Places Generally
Smoking is not permitted in enclosed places where the public is invited or allowed, including restaurants, lounges, taverns and pool halls. Hospitals, nursing homes, and schools are covered in separate laws.
Exceptions
Where high-stakes beano or bingo games are conducted by a federally recognized Indian tribe
Motel or hotel rooms rented to the public
Private residences (unless used for day care)
Tobacco specialty stores???????????????????????????????????????????
Designated smoking areas within off-track betting and simulcast racing facilities
In theaters, etc. if the smoking is solely by a performer and smoking is part of the performance
As part of a religious ceremony or as part of a cultural activity by a defined group
Signs
Motel or hotel rooms rented to the public
Private residences (unless used for day care)
Tobacco specialty stores???????????????????????????????????????????
Designated smoking areas within off-track betting and simulcast racing facilities
In theaters, etc. if the smoking is solely by a performer and smoking is part of the performance
As part of a religious ceremony or as part of a cultural activity by a defined group
Signs
“No Smoking” signs with letters at least one inch tall, or signs containing the international symbol for no smoking, must be posted in all buildings covered by the public places law. “Smoking Permitted” signs with letters at least one inch tall must be posted in designated smoking areas.
Penalty
Any person who violates this law is guilty of a civil violation and can be fined $100; fine may be up to $1,500 per violation for a pattern of conduct. Injunctive and equitable relief also available. No one can fire, refuse to hire, discipline or retaliate against anyone who tries to have this law enforced. Enforced by DHHS.
22 M.R.S.A. ? 1580-B: Hospitals
No person may smoke tobacco or any other substance in any enclosed area of any hospital, except in enclosed and adequately ventilated smoking areas. Hospitals may designate the entire campus, both buildings and grounds, as a nonsmoking area.
22 M.R.S.A. ? 1825: Nursing Homes
Smoking in nursing homes by residents, visitors, and personnel is restricted to designated smoking areas.
22 M.R.S.A. ? 1578-B: Public Schools
Students and employees at public elementary and secondary schools may not use tobacco in school buildings or on school grounds while school is in session, except that designated smoking areas for school employees may be established through collective bargaining if they are located away from areas frequented by students. In accordance with the law regulating smoking in enclosed public places, members of the public may not smoke in school buildings. Enforced by the principal or the principal’s designee.
Note: The federal Pro-Children Act of 1994 (20 U.S.C. Chapter 68) and the Pro-Children Act of 2001 (20 U.S.C. Chapter 70) both prohibit smoking in any portion of an indoor facility that regularly provides federally funded health, day care, education or library services for anyone under 18.
Laws Relating to Youth Access to Tobacco
22 M.R.S.A. ? 1547: Tobacco Specialty Stores
Persons under the age of 18 are prohibited from entering a tobacco specialty store unless accompanied by a parent or legal guardian.
22 M.R.S.A. ? 1555-B: Purchase, Possession, Use
It is a civil violation for anyone under 18 to purchase, possess, or use cigarettes, cigarette papers, or other tobacco products, or to offer false identification in an attempt to do any of the above.? Fines range from $100 to $500, depending on the number of offenses. The judge may assign community service as an alternative or in addition to the imposed fines. Enforced by law enforcement officers, including individuals hired by contract to enforce this law.
22 M.R.S.A. ?? 1557, 1557-A: License Suspension/ Revocation
In addition to imposing the fines and penalties specified below, the District Court may suspend or revoke the retail tobacco license of any licensee who violates a state law or rule related to the sale of tobacco products.
22 M.R.S.A. ?? 1555-A, 1555-B: Tobacco Sales to Minors
No one may sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person under the age of 18.? Retailers selling face-to-face must verify the age of? anyone under the age of 27, by photo ID, and may refuse to sell to anyone who fails to show such ID.? To sell tobacco, sales clerks must be at least 17 years of age, and if they are under 21, they must be directly supervised by someone who is 21 or older.? Sales by mail must be made by DHHS-approved procedures to provide reliable? verification that the purchaser is not a minor. Fines for sales to minors: Clerk & employer $50-$1,500. Enforced by law enforcement officers, including individuals hired by contract to enforce this law.
Also see below (under Miscellaneous – Licensing) for provisions regarding regulation of “delivery sales”, including sales through the Internet.
22 M.R.S.A. ? 1555-B: Self-Service Displays
Tobacco self-service displays are prohibited except for tobacco in multi-unit packages of 10 units or more; in tobacco specialty stores; or where minors are generally prohibited. Enforced by law enforcement officers, including individuals hired by contract to enforce this law.
22 M.R.S.A. ? 1553-A: Vending Machines
Tobacco vending machines must be located in areas where minors are not allowed unless accompanied by an adult. The machine must be in the line of sight and under the supervision of an adult during hours when it is accessible for use.? There must be a sign on the front of the machine stating: “WARNING: It is unlawful for a person under the age of 18 to purchase cigarettes in this State.” Tobacco products may not be sold from a vending machine containing anything but tobacco products.? Penalty: $100-$500 and /or prohibition of machine on premises for up to 6 months. Enforced by law enforcement officers, including individuals hired by contract to enforce this law.
22 M.R.S.A. ? 1554-A: Packaging
No person may sell cigarettes except in the original sealed manufacturer’s package, minimum size 20 cigarettes.? Fine: Clerk – $10 to $100; employer – $100 to $1,000. Enforced by law enforcement officers, including individuals hired by contract to enforce this law.
22 M.R.S.A. ?? 1555-B, 1556: Municipal Ordinances
Municipalities may impose more restrictive regulation of the sale of tobacco products (tobacco displays, tobacco product placement and time of tobacco product sales) in their towns. Thirty days prior to consideration of anything more restrictive, they must provide written notice to each retail tobacco licensee doing business in the municipality.
Miscellaneous
22 M.R.S.A. ? 1551 et seq.: Licensing
A retail tobacco license is required for any person, partnership or corporation that engages in retail sales, including through vending machines, or in free distribution of tobacco products. The license must be renewed annually, and it must be posted on the licensed premises and on each vending machine covered? by the license.? Licensees must also post a notice that tobacco sales to juveniles are prohibited, and DHHS must provide such signs to licensees at cost.? Engaging in sales or free distribution without a license is a class E crime that carries a penalty of $300-$1,000 and up to 6 months in jail. The civil fine for failure to post signs prohibiting sales to juveniles is $50-$200. Enforced by DHHS and all law enforcement officers, including individuals hired by contract to enforce this law.
Additional provisions (passed in 2003) extend the requirement to be licensed to anyone who wishes to sell tobacco products to consumers through “delivery sales”.? A delivery sale is defined as 1) a sale solicited through the Internet, by phone or other electronic method of voice transmission, or through a delivery service; or 2) the sale of a tobacco product that is delivered through a delivery service.? In addition to being licensed, sellers must meet strict requirements regarding determination of the purchaser’s age, must provide age information to any delivery service used, must use only delivery services that meet strict age verification requirements, and must report all sales to the State.? Delivery services may be held liable for deliveries that violate the law.? NOTE:? In a recent decision, a U.S. District court judge struck down two important provisions of this law:? a) the requirement that delivery services take certain steps to ensure that they do business only with licensed tobacco retailers, and b) the requirement that any delivery services used by tobacco retailers provide specified age-verification services.? The Circuit Court of Appeals has upheld the judge’s decision.
22 M.R.S.A. ? 1560:? Nicotine Water
Maine law now prohibits anyone from selling, furnishing, giving away or offering to sell, furnish, or give away bottled water that contains nicotine.? A fine of $500 may be assessed for the first violation, $1000 for the second violation, and $5000 for subsequent violations.
36 M.R.S.A. ?? 4365: Cigarette Excise Tax
The Maine cigarette excise tax is $2 per pack.
26 M.R.S.A. ? 597:? Nonsmoking as Condition of Employment
Employers may not require, as a condition of employment, that an employee or prospective employee refrain from using tobacco products outside the course of employment, or? otherwise discriminate with respect to the person’s compensation, terms, conditions or privileges of employment, as long as the employee complies with any workplace policy concerning use of tobacco.
22 M.R.S.A. ? 272: Tobacco Prevention and Control
This statewide program is established within the Bureau of Health and includes the following components:
An ongoing multi-media and public awareness campaign that includes treatment for any smoker who wants it;
Grants for funding community- and school-based programs aimed at tobacco prevention and control;
Monitoring and evaluation of the program;
Increased law enforcement efforts to improve compliance with laws regarding the transportation, distribution and sale of tobacco products.
The program is funded largely with tobacco settlement money through the Fund for a Healthy Maine.
Grants for funding community- and school-based programs aimed at tobacco prevention and control;
Monitoring and evaluation of the program;
Increased law enforcement efforts to improve compliance with laws regarding the transportation, distribution and sale of tobacco products.
The program is funded largely with tobacco settlement money through the Fund for a Healthy Maine.
Other Considerations
Workers’ Compensation Claims
It is well established that secondhand smoke is a dangerous, cancer-causing substance. Employers in Maine should be aware that workers’ compensation claims may increase, based on the clear danger to employees who are routinely exposed to secondhand smoke at work.
Americans with Disabilities Act
People with breathing disorders or severe allergies to cigarette smoke may be considered disabled under this law.
If a qualified disabled person with a breathing disorder or severe allergies to cigarette smoke cannot take or remain on the job because of secondhand smoke, a violation of the Americans with Disabilities Act (ADA) has occurred.? Likewise, it is a violation if that person, because of secondhand smoke, cannot fully use a business open to the public.
Tobacco Laws in Other States (SLATI)
The American Lung Association publishes an annual compilation of tobacco laws in other states called State Legislated Actions on Tobacco Issues (SLATI).? Now you can view and use SLATI on-line.? Click above.
The American Lung Association publishes an annual compilation of tobacco laws in other states called State Legislated Actions on Tobacco Issues (SLATI).? Now you can view and use SLATI on-line.? Click above.
For more information regarding Maine laws on tobacco, contact Pam Studwell.
