An Act To Amend the Laws Governing the Sale of Certain Tobacco Products
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1560-D, sub-§1, as amended by PL 2009, c. 606, §1, is further amended to read:
1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "Characterizing flavor" means a distinguishable taste or aroma of candy, chocolate, vanilla, fruit, berry, nut, herb, spice, honey or an alcoholic drink that is imparted to tobacco or tobacco smoke either prior to or during consumption. "Characterizing flavor" does not include a taste or aroma from tobacco. A cigar is deemed to have a characterizing flavor if the cigar is advertised or marketed as having or producing the taste or aroma of candy, chocolate, vanilla, fruit, berry, nut, herb, spice, honey or an alcoholic drink or has a flavored tobacco wrapper and a component part.
B. "Component part" includes but is not limited to the tobacco, filter , wrapper and paper in a cigar or any part of a flavored tobacco wrapper.
C. "Constituent" means any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to the tobacco, paper or filter of a cigar or flavored tobacco wrapper during the processing, manufacture or packing of the cigar or flavored tobacco wrapper. "Constituent" includes a smoke constituent.
D. "Flavored cigar" means a cigar or any component part of the cigar that contains a constituent that imparts a characterizing flavor.
E-1. "Premium cigar" means a cigar that weighs more than 3 pounds per 1,000 cigars and is wrapped in whole tobacco leaf.
E-2. "Flavored tobacco wrapper" means a product sold or used to wrap or contain loose tobacco, including blunt wraps, cigarette rolling papers and cigarette tubes, that contains a constituent that imparts a characterizing flavor.
F. "Smoke constituent" means any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the cigar to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product.
Sec. 2. 22 MRSA §1560-D, sub-§2-A is enacted to read:
2-A. Prohibition on sale or distribution of flavored tobacco wrappers. A person may not sell or distribute or offer to sell or distribute in this State any flavored tobacco wrapper. A tobacco distributor or retailer may sell flavored tobacco wrappers that the distributor or retailer has in stock until October 31, 2011.
Sec. 3. 22 MRSA §1560-D, sub-§4, as amended by PL 2009, c. 606, §1, is further amended to read:
4. Fines. The fines that apply to violations of this section are as set out in this subsection.
A. A person who violates subsection 2 or 2-A commits a civil violation for which a fine of $1,000 may be adjudged.
B. A person who violates subsection 2 or 2-A after having previously been convicted of a violation of that subsection commits a civil violation for which a fine of $5,000 may be adjudged.
summary
This bill prohibits the sale of flavored tobacco wrappers, including blunt wraps.