IPCPR Legislative | Restrictions in Maine

Restrictions in Maine

maine

Smoking, Age and Sampling Restrictions in Maine

Maine law prohibits smoking in: all enclosed areas of public places, meaning any place not open to the sky into which the public is invited or allowed; outdoor eating areas, defined as decks or other properties that are partially enclosed or open to the sky that are permitted for outdoor eating or drinking under the control of an eating establishment, as long as food or drink is served by the eating establishment to the public for consumption on the premises; rest rooms made available to the public; child care facility-designated motor vehicles within 12 hours before transporting a child and when a child is present; outdoor areas of child care facilities where children may be present; the buildings or on the grounds of any elementary or secondary school; and within 20 feet of a beach, playground, snack bar, group picnic shelter, business facility, enclosed area, public place, or restroom in a state park or state historic site. Smoking is also prohibited in a motor vehicle by the operator or a passenger when a person under 16 years of age is present in that motor vehicle, regardless of whether the motor vehicle’s windows are open.

 

22 Me. Rev. Stat. § 1542(1): Smoking prohibited in public places
22 Me. Rev. Stat. § 1549(2): Smoking in vehicles when minor under 16 years of age is present
22 Me. Rev. Stat. § 1578-B(2): Tobacco use in elementary and secondary schools prohibited
22 Me. Rev. Stat. § 1580-E: Smoking in state parks and state historic sites

 

Signs must be posted conspicuously in buildings where smoking is regulated. Designated areas must have signs that read “Smoking Permitted” with letters at least one inch in height. Places where smoking is prohibited must have signs that read “No Smoking” with letters at least one inch in height or the international symbol for no smoking.

 

22 Me. Rev. Stat. § 1543

 

Maine law contains no specific provisions concerning state preemption of local laws on smoking, so local communities are allowed to pass stronger laws or ordinances further restricting this area.

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Enclosed areas of a public place during a period of time that the facility containing the enclosed area is not open to the public. During its normal business hours, a public place must be closed for at least one hour to be considered “not open to the public.”
  • Theaters or other enclosed structures used for plays, lectures, recitals, or other similar purposes if the smoking is solely by a performer and the smoking is part of the performance.
  • Any area where smoking is undertaken as part of a religious ceremony or as part of a cultural activity by a defined group.
  • Recreational, social, patriotic, or fraternal clubs that:
    • have written policies allowing onto the premises only the employer and employees, members, and invited guests accompanied by a member
    • have conducted a vote in favor of smoking
    • have provided written notice to the Maine Center for Disease Control and Prevention of the results of the vote within 30 days of the vote
  • Designated hotel or motel rooms
  • Private residences, unless the residence is used as a day care or baby-sitting service. If a private residence is 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
  • Public places when beano or bingo games are being conducted
  • Tobacco specialty stores, defined as a retail business under 2,000 square feet in which at least 60% of the business’s gross revenue for the last calendar year was derived from the sale of tobacco or tobacco-related products. The on-premises service, preparation, or consumption of food or drink, if the tobacco specialty store was not licensed for such service or consumption prior to January 1, 2007, is prohibited. Smoking a waterpipe or hookah is prohibited in a tobacco specialty store that is newly licensed or that requires a new license after January 1, 2007.
    • Establishments may designate on the Retail Tobacco License Application that their establishment qualifies as a Tobacco Specialty Store. This designation must be supported by documentation at the time the application is filed.
  • Designated smoking areas in a licensed off-track betting facility or simulcast racing facility at a commercial track.

 

22 Me. Rev. Stat. § 1542(2): Smoking prohibited in public places: Limitations
22 Me. Rev. Stat. § 1541(7): Tobacco specialty store
22 Me. Rev. Stat. § 1580-A(9): Smoking in places of employment

Individuals under 18 years of age may not purchase, possess, or use or offer false identification in an attempt to purchase, possess, or use cigarettes, cigarette papers, or any tobacco product. However, a person may transport or permit to be transported in a motor vehicle cigarettes, cigarette papers, or tobacco products in the original sealed package in which they were placed by the manufacturer if the transportation is in the scope of that person’s employment. 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.

 

22 Me. Rev. Stat. § 1555-B

 

Similarly, it is illegal to 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 person under 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.

 

22 Me. Rev. Stat. § 1555-B(2)

 

A dealer or distributor of tobacco products must post a notice of the law prohibiting tobacco and cigarette paper sales to persons under 18 years of age. Notices must be publicly and conspicuously displayed in the dealer’s or distributor’s place of business in letters at least 3/8 inches in height.

 

22 Me. Rev. Stat. § 1555-B(6)

 

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.

 

22 Me. Rev. Stat. § 1547

 

Maine law allows municipalities to enact ordinances or regulations that are more restrictive than state law in this area. However, when a municipality intends to consider an ordinance or regulation or intends to amend an ordinance or regulation so that the ordinance or regulation would be more restrictive than state law, the municipality must give notice of that intention by mail, at least 30 days prior to consideration of the ordinance, regulation, or amendment, to the last known address of each retail tobacco licensee doing business within the municipal corporate limits. This notice must state the time, place and date of a hearing or proposed enactment and the subject matter of the proposed ordinance, regulation, or amendment.

 

22 Me. Rev. Stat. § 1556

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Maine, 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.

 

36 Me. Rev. Stat. § 4404-B(1)(A)

 

It is unlawful for any person, partnership, or corporation that engages in retail sales, including free distribution of tobacco products, to sell, keep for sale, or give away in the course of trade any tobacco products to anyone without first obtaining a Retail Tobacco License by filing the Department of Health and Human Services Retail Tobacco License Application.

 

22 Me. Rev. Stat. § 1551-A(1)

 

Free tobacco samples are subject to the Maine tobacco products tax, as the term “sale” is defined to include a gift for advertising by a person engaged in the business of selling tobacco products.

 

36 Me. Rev. Stat. § 4401(7)

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