Sec. 1. 22 MRSA §1555-E is enacted to read:

§1555-E.__Fire-safe cigarettes

1.__Prohibition.__To the extent not preempted by federal law, a person may not sell cigarettes on or after January 1, 2006 unless the cigarettes meet the standards for fire-safe cigarettes established by the State Fire Marshal under Title 25, section 2466.

2.__Civil fines.__The following minimum civil fines are assessed for the following civil violations in actions brought by the Attorney General:

A.__For a wholesaler who knowingly sells cigarettes that are not fire-safe, $10,000 for each sale;

B.__For a retailer who sells 5 or fewer cartons of cigarettes that are not fire-safe, $500;

C.__For a retailer who sells more than 5 cartons of cigarettes that are not fire-safe, $1,000; and

D.__For a manufacturer who knowingly misrepresents that that manufacturer's cigarettes are fire-safe, $10,000 for each misrepresentation.

Sec. 2. 25 MRSA §2466 is enacted to read:

§2466.__Fire-safe cigarette standards

1.__Standards.__The State Fire Marshal shall adopt standards for the sale of fire-safe cigarettes.__The standards must ensure:

A.__That lit cigarettes stop burning within a specified time period if not smoked; or

B.__That cigarettes meet performance standards to limit the risk that lit cigarettes will ignite upholstered furniture.

2.__Health risk assessment.__In adopting standards under this section, the State Fire Marshal shall cooperate and consult with the Department of Health and Human Services to consider whether fire-safe cigarettes manufactured in accordance with the fire safety standards under subsection 1 may reasonably result in increased health risks to consumers.