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Know The Laws on Tobacco in Maine

Introduction

Laws Related to Secondhand Smoke

Laws Related to Youth Access to Tobacco

Miscellaneous

Other Considerations

Tobacco Laws in Other States (SLATI)

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. The above provision is repealed September 1, 2008. After that date, a private club may allow smoking only if the employer and all employees agree to allow smoking and if advance notice of a vote on smoking is provided to all members and if a majority of all valid ballots received are in favor of smoking. A vote is valid for up to three years. Ballot and voting procedures must be in accordance with rules adopted by the Maine Center for Disease Control and Prevention (MECDC). The rules were finally adopted by DHHS and are effective April 27, 2008. 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. Enforced by DHHS

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. Only stores licensed to serve or to permit on-premises preparation or consumption of food or drink prior to 1/1/07 may do so after 9/20/07. Hookah smoking is also prohibited in a tobacco specialty store newly licensed or that requires a new license after 1/1/07.                                           
  • 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. § 1549: Smoking Prohibited in Vehicles with Youth under 16

Smoking is prohibited in a motor vehicle by the operator or a passenger when a person under 16 is present whether or not the window is open. A motor vehicle, the contents of the motor vehicle or the operator or a passenger in the motor vehicle may not be inspected or searched solely because of a violation of this section. A violation of this law is not a ‘moving violation’. The law is a primary offense; that is, a vehicle can be stopped based on this suspected violation alone. Enforced by law enforcement officers.

 

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

Tobacco use in the buildings or on the grounds of any elementary or secondary school is prohibited. The prohibition applies to all students, staff and visitors at all time – 24 hours a day, 365 days a year. The bill permits a transition period until the effective date of the next contract negotiated after the effective date of the Act regarding any designated smoking areas for employees that may have been established through collective bargaining. (There are no known contract-based indoor designated smoking areas currently.) 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. . 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. Distributors may not sell cigarettes to a retailer unless the retailer shows documentation that he holds a current retail tobacco license. Enforced by DHHS and all law enforcement officers, including individuals hired by contract to enforce this law.

22 M.R.S.A. § 1555-C; D:  Internet and other delivery sales.

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.  NOTE:  In a February 20, 2008  decision, the U.S. Supreme Court upheld the judgment of the Court of Appeals for the First Circuit, finding two  provisions of the law pre-empted by federal law under the FAAAA:  a) the requirement that delivery services are ‘deemed to know’ that a particular  package contains tobacco, under certain circumstances and b) the requirement that any delivery services used by tobacco retailers provide specified age-verification services to address  sales to minors.   Other provisions of the law that require internet sellers to verify age remain in force. Enforced by DHHS and all law enforcement officers, including individuals hired by contract to enforce this law

22 M.R.S.A. § 1555-E: Reduced Ignition Propensity Cigarettes.

All cigarettes sold in Maine, as of 1/1/08 must be ‘fire safe’ and must be manufactured in accord with standards first introduced in New York and subsequently adopted by Vermont, New Hampshire and Massachusetts, among other states. Enforced by State Attorney General and  State Fire Marshal. 

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.

22 M.R.S.A. §1560-A: Hard Snuff Ban

The sale of hard snuff was banned from 9/20/07 until 3/6/08 when the ban was repealed by PL 2008, c.487 (on an emergency basis).

22 M.R.S.A. §1560-D: Flavored Cigarettes and Cigars

The law prohibits the sale of flavored cigarettes or cigars unless they were first on the market prior to 1/1/85. A flavored cigarette or cigar on the market after 1/85 may be exempted from the ban if the Attorney General (AG) determines (under a change enacted to the law on 4/14/08)  that its characterizing flavor is not one known to appeal or likely to appeal to youth. After an exemption is granted for a product, the manufacturer has an affirmative duty to inform the AG of a material change in characterizing flavor.  The AG can revoke an exemption if he determines that a material change has been made to a product’s characterizing flavor. The AG rules regarding the exemption process were approved by the legislature on April 1, 2008. These rules must now be revised to reflect the above changes to the law. The ban begins 7/1/09. Enforced by State Attorney General. 

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 MECDC 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.

 

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.

 

For more information regarding Maine laws on tobacco, contact Pam Studwell.

 

 

 

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