Maine

               

Brief Overview

The US Food and Drug Administration (FDA) classifies e-cigarettes and all related products as tobacco products. They regulate the sale, advertising, promotion, distribution, manufacture, import, packaging and labeling of e-cigarette products based on the laws set forth in the Tobacco Control Act and the Food, Drug, and Cosmetic Act (FD&C Act).

The use of electronic cigarettes is prohibited in most places where smoking is prohibited, including certain indoor public spaces, places of employment, day care/babysitting facilities, motor vehicles with children under 16, and certain outdoor areas including eating areas and near beaches, state parks and historic sites.

The minimum age for the purchase of e-cigarette products is currently 18 until July 1, 2018. After this date the minimum age will be raised to 21, although people who turned 18 up until this date will still be allowed to purchase.

There are a number of e-cigarette stores to be found throughout the lower half of Maine, mainly in Portland, Lewiston, Brunswick, Augusta, and Bangor, with a smaller number also to be found throughout a few other areas of the state.

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All Laws & Regulations

Sales/Packaging restrictions:

Tobacco Products means “any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, a hookah, pipe tobacco, chewing tobacco, snuff or snus…[including] an electronic smoking device and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes and liquids used in electronic smoking devices, whether or not they contain nicotine.” 2017 Me. Legis. Serv. Ch. 308 §1(3) (S.P. 391)(L.D. 1170)(West)

Electronic nicotine delivery device means “any noncombustible device containing or delivering nicotine or any other substance intended for human consumption that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means and that may be used to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen.”Me. Rev. Stat. Ann. tit. 22 § 1560-B(1)(B) (2017)

Nicotine liquid container means “a container used to hold a liquid, gel or other substance containing nicotine that is sold, marketed or intended for use as or with an electronic nicotine delivery device [but does not include cartridges] prefilled and sealed by the manufacturer and not intended to be opened by the consumer”:Me. Rev Stat. tit. 22 § 1560-B(1)(C) (2017)

Use restrictions:

Electronic smoking device means “a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the device [including] a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen”: Me. Rev Stat. tit. 22 § 1541(1-A) (2017)

Nicotine liquid containers cannot be sold/distributed unless child-resistant: Me. Rev. Stat. Ann tit. 22 § 1560-B(2) (2017)

Sale/distribution to persons under age 21 prohibited (unless the person has attained 18 years of age as of July 1, 2018): 2017 Me. Legis. Serv. Ch. 308 §4(2) (S.P. 391)(L.D. 1170)(West)

Employees of e-cigarette retailers must be at least 17 years of age; if employee’s age is between 17 and 21, he or she may only sell e-cigarettes in presence of supervisor at least 21 years old: 2017 Me. Legis. Serv. Ch. 308 § 6(1) (S.P. 391)(L.D. 1170)(West)

Self-service displays of tobacco products prohibited except for sale of tobacco products in multi-unit packages of 10 or more units, in tobacco specialty stores or in locations inaccessible to minors: 2017 Me. Legis. Serv. Ch. 308 §6(11)(S.P. 391)(L.D. 1170)(West)

Vending machine sales of tobacco products restricted to locations inaccessible to persons under age 21: 2017 Me. Legis. Serv. Ch. 308 § 5 (S.P. 391)(L.D. 1170)(West)

Purchase of tobacco products by persons under age 21 prohibited (unless 18 years of age as of July 1, 2018): 2017 Me. Legis. Serv. Ch. 308 § 4(2) (S.P. 391)(L.D. 1170)(West)

Use of electronic smoking devices prohibited in most places smoking prohibited, including certain indoor public spaces, places of employment, day care/babysitting facilities, motor vehicles with children under 16, and certain outdoor areas including eating areas and near beaches, state parks and historic sites: Me. Rev Stat. Ann. tit. 22 §§ 1541(6) (defining “smoking”); 1542; 1549(2); 1550(2); and 1580-E(2) (2017)

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Review Status

This country’s legal measures were reviewed by our staff. No in-country lawyers or tobacco control experts reviewed our analysis.

Relevant Links & Articles

Tobacco Control Laws: https://www.tobaccocontrollaws.org/legislation/country/united-states/summary

World Health Organization Tobacco Report: http://www.who.int/tobacco/surveillance/policy/country_profile/usa.pdf?ua=1

Tobacco Atlas Information: http://www.tobaccoatlas.org/country-data/united-states/

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