2012 Maine Revised Statutes
TITLE 22: HEALTH AND WELFARE
Chapter 262-A: RETAIL TOBACCO SALES
22 §1551. Definitions

Subtitle 2: HEALTH

Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)

Subchapter 1: RETAIL TOBACCO LICENSES HEADING: PL 1995, C. 470, §9 (NEW)

§1551. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW).]

1. Cigarette paper. "Cigarette paper" means those papers or paper-like products used to roll cigarettes, which by advertising, design or use facilitate the use of tobacco or other products for inhalation.

[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW) .]

1-A. Consumer. "Consumer" means an individual who purchases, receives or possesses tobacco products for personal consumption and not for resale.

[ 2003, c. 444, §1 (NEW) .]

1-B. Delivery sale. "Delivery sale" means a sale of tobacco products to a consumer in this State when:

A. The purchaser submits the order for the sale by means of telephonic or other electronic method of voice transmission, the Internet or any delivery service; or [2003, c. 444, §1 (NEW).]

B. The tobacco products are delivered by use of a delivery service. [2003, c. 444, §1 (NEW).]

A sale to a person who is not licensed as a tobacco distributor or tobacco retailer is a delivery sale.

[ 2003, c. 444, §1 (NEW) .]

1-C. Delivery service. "Delivery service" means a person, including the United States Postal Service, who is engaged in the commercial delivery of letters, packages or other containers.

[ 2003, c. 444, §1 (NEW) .]

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

[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW) .]

2-A. Person. "Person" means an individual, corporation, partnership or unincorporated association.

[ 2003, c. 444, §1 (NEW) .]

2-B. Tobacco distributor. "Tobacco distributor" or "distributor" means a person licensed as a distributor under Title 36, chapter 704.

[ 2003, c. 444, §1 (NEW) .]

3. Tobacco products. "Tobacco products" includes any form of tobacco and any material or device used in the smoking, chewing or other form of tobacco consumption, including cigarette papers and pipes.

[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW) .]

3-A. Tobacco retailer. "Tobacco retailer" or "retailer" means a person located within or outside the State who sells tobacco products to a person in the State for personal consumption.

[ 2003, c. 444, §1 (NEW) .]

4. Vending machine. "Vending machine" means any automated, self-service device that upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product.

[ 1995, c. 470, §19 (AFF); 1995, c. 470, §9 (NEW) .]

5. Premium cigar. "Premium cigar" means a cigar that weighs more than 3 pounds per 1,000 and is wrapped in whole tobacco leaf.

[ 2009, c. 398, §1 (NEW); 2009, c. 398, §6 (AFF) .]

SECTION HISTORY

1995, c. 470, §19 (AFF). 1995, c. 470, §9 (NEW). 2003, c. 444, §1 (AMD). 2009, c. 398, §1 (AMD). 2009, c. 398, §6 (AFF).