Office of the Attorney General Amber Desrosiers, Tobacco Enforcement Coordinator

49 Pages·2017·1.46 MB·English

by  Amber Desrosiers

MAINE OFFICE OF THE
ATTORNEY GENERAL
Amber Desrosiers, MBA, ACSM-CPT
Tobacco Enforcement Coordinator
Tobacco Enforcement Coordinator
Is responsible for oversight and enforcement of all

tobacco related statutes under Title 22 representing
the Department of Health and Human Services
(DHHS) regarding public, retail tobacco sales, and
workplace to reduce disease, disability, and death
related to tobacco use.
Agenda
Chapter 262

Chapter 263

Chapter 262-A

Tobacco 21

Chapter 558-C

Tobacco Violation Complaint Form

Contact Information

Title 22, Chapter 262: Smoking
§1541. Definitions

Public Places

§1542. Smoking prohibited in public places

Early Childcare Centers

§1543. Posting signs

§1549. Smoking in vehicles when minor under 16 years of age is present

§1550. Smoking in outdoor eating areas

Chapter 562 §2491 (7.) Eating Establishment

Outdoor Dining Examples

§1542 Limitations

§1545. Penalty

§1548. Enforcement

Web link to Title 22 M.R.S. §§1541-1548:

http://www.mainelegislature.org/legis/statutes/22/title22ch262sec0.html
Definitions
Public place means any place not open to the sky into which

the public is invited or allowed.
Enclosed area means a space between a floor and a ceiling

that is demarcated on all sides by walls, windows, shutters,
doors or passageways if it extends from the floor to within 4
feet of the ceiling or from the ceiling to within 4 feet of the
floor.
Smoking includes carrying or having in one's possession a

lighted or heated cigarette, cigar, or pipe or a lighted or
heated tobacco or plant product intended for human
consumption through inhalation whether natural or synthetic
in any manner or in any form. “Smoking” includes the use of
an electronic smoking device.
Public Places
Public place means any place not open to the sky

into which the public is invited or allowed.
• Airports • Libraries
• Office building lobbies
• Banks
• Pharmacies
• Convenience stores
• Post office
• Eating establishments
• Private and Public educational
• Dental offices
facilities
• Grocery stores
• Retail Stores
• Healthcare facilities • Salon and Spas
• Health & Fitness Centers • Taxi vehicles
• Hospitals • Vehicle sales, repair and
maintenance
• Indoor sport arenas
• Veterinary offices
• Laundromats
Smoking Prohibited in Public Places
Smoking is prohibited in all enclosed areas of public

places, outdoor eating areas as provided in section
1550, and all rest rooms made available to the
public.
Early Childcare Centers
Center Based Home Based
 
Smoking is prohibited in all Smoking is prohibited during
 
enclosed areas of the business hours of operation as a child
facility. care or baby-sitting service.
Smoking is prohibited in a Outdoor areas on the
 
facility-designated motor property wherever a child
vehicle within 12 hours before under care may be present.
transporting a child who is in
During hours of operation in a

the care of the child care
motor vehicle
facility, and whenever such a
owned/operated by facility
child is present in the vehicle.
whenever a child is in the
Smoking is prohibited in vehicle and 12-hours prior to

outdoor areas of the facility transporting a child.
where children may be
present.
Posting Signs
Signs must be posted

conspicuously in buildings and
outdoors where smoking is
regulated.
Designated smoking areas

must have signs that read
"Smoking Permitted" with
http://www.notobacco.org/photos/
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.
https://www.mainepreventionstore.com/
Smoking in Vehicles
Smoking is prohibited in a motor
Smoking means inhaling, exhaling, 
vehicle by the operator or a
burning or carrying a lighted
passenger when a person who
cigarette, cigar, pipe, weed, plant,
has not attained 16 years of age
regulated narcotic or other
is present in that motor vehicle,
combustible substance.
regardless of whether the motor
vehicle's windows are open.
Prohibition on inspection or

search (may not be inspected or
searched solely because of a
violation of this section).
Not a moving violation (no points

deducted from license).
Civil Violation of $50.

http://gearheads.org/govt-ban-on-smoking-with-kids-in-cars-
necessary-protection-or-unnecessary-intervention/