HP0447, LD 589, item 1, An Act To Increase the Legal Age To Purchase, Use or Sell Tobacco Products

An Act To Increase the Legal Age To Purchase, Use or Sell Tobacco Products

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §1551, sub-§2, as enacted by PL 1995, c. 470, §9 and affected by §19, is amended to read:

2. Juvenile. "Juvenile" means any individual a person who is younger than 18 21 years of age.

Sec. 2. 22 MRSA §1553-A, sub-§1, ¶B, as enacted by PL 1995, c. 470, §9 and affected by §19, is amended to read:

B. A sign must be affixed conspicuously to the front of the machine. The sign must:

(1) Contain lettering that is at least 3/8 inches in height; and

(2) State the following: "WARNING. It is unlawful for any person under the age of 18 21 to purchase cigarettes in this State."

Sec. 3. 22 MRSA §1553-A, sub-§1, ¶C, as enacted by PL 1995, c. 470, §9 and affected by §19, is amended to read:

C. At all times during the hours the vending machine is accessible, it must be located within the unobstructed line of sight and under the direct supervision of an adult. That adult is responsible for preventing persons under 18 years of age juveniles from purchasing cigarettes or any other tobacco product from that vending machine.

Sec. 4. 22 MRSA §1555-B, sub-§1, as amended by PL 2009, c. 398, §2 and affected by §6, is further amended to read:

1. Retail sales. Tobacco products may be sold at retail only in a direct, face-to-face exchange in which the purchaser may be clearly identified. For direct, face-to-face sales, employees who sell tobacco products must be at least 17 21 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.

Sec. 5. 22 MRSA §1555-B, sub-§2, as enacted by PL 1997, c. 305, §5, is amended to read:

2. Sales to juveniles prohibited. A person may not sell, furnish, give away or offer to sell, furnish or give away a tobacco product to any person under 18 years of age a juvenile. 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.

Sec. 6. 22 MRSA §1555-B, sub-§4, as enacted by PL 1997, c. 305, §5 and amended by c. 526, §14, is further amended to read:

4. Wholesale sales. Tobacco products may be distributed at wholesale without a face-to-face exchange only in the normal course of trade and under procedures approved by the Bureau of Revenue Services to ensure that tobacco products are not provided to any person under 18 years of age juveniles.

Sec. 7. 22 MRSA §1555-B, sub-§5-A, as enacted by PL 2003, c. 452, Pt. K, §8 and affected by Pt. X, §2, is repealed and the following enacted in its place:

5-A. Possession and use of cigarettes, cigarette papers or tobacco products by juveniles prohibited. Except as provided in subsection 5-B, a juvenile may not purchase, possess or use cigarettes, cigarette papers or any tobacco product.

Sec. 8. 22 MRSA §1555-B, sub-§5-B, as enacted by PL 2003, c. 452, Pt. K, §8 and affected by Pt. X, §2, is amended to read:

5-B. Exception to possession by juvenile. A person under 18 years of age juvenile 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.

Sec. 9. 22 MRSA §1555-B, sub-§5-C, as enacted by PL 2003, c. 452, Pt. K, §8 and affected by Pt. X, §2, is repealed and the following enacted in its place:

5-C. Use of false identification by juveniles prohibited. A juvenile may not offer false identification in an attempt to purchase a tobacco product or to purchase, possess or use cigarettes, cigarette papers or any other tobacco product.

Sec. 10. 22 MRSA §1555-B, sub-§6, as enacted by PL 1997, c. 305, §5, is amended to read:

6. Display of prohibition of sales to juveniles. A dealer or distributor of tobacco products shall post notice of this section prohibiting tobacco and cigarette paper sales to persons under 18 21 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. Signs required by this section may be provided at cost by the department.

Sec. 11. 22 MRSA §1555-B, sub-§10, as enacted by PL 1997, c. 305, §5, is amended to read:

10. Affirmative defense. It is an affirmative defense to prosecution for a violation of subsection 1, 2 or 4 that the defendant sold, furnished, gave away or offered to sell, furnish or give away a tobacco product to a person under 18 years of age juvenile in reasonable reliance upon a fraudulent proof of age presented by the purchaser.

summary

This bill raises the legal age to purchase, use or sell tobacco products from 18 years of age to 21 years of age.

HP0447 LD 589	First Regular Session - 125th Maine Legislature		LR 974 Item 1
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