Tobacco Ordinances: Notice Required

Training for: Legal Notes

Maine law contains a comprehensive set of statutes (22 M.R.S. Ch. 262-A) governing the sale and distribution of tobacco products. “Tobacco products” include any product made or derived from tobacco, or containing 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, cigarettes, cigars, hookah, pipe tobacco, chewing tobacco, snuff or snus, electronic smoking devices and any components or accessories 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.  

Although state law expressly recognizes municipal home rule authority to adopt more restrictive local regulations governing the sale of tobacco products (22 M.R.S. § 1556), significant advance notice requirements apply.

Any municipality considering a tobacco products ordinance or regulation that is more restrictive than state law must mail notice of its intention to the last known address of each retail tobacco licensee doing business in the municipality at least 30 days prior to consideration of the ordinance, regulation, or amendment. This notice must state the time, place, and date of a hearing or proposed enactment and the subject matter of the proposed ordinance, regulation, or amendment.

For information on state tobacco regulations or for a list of licensed tobacco retailers in your municipality, contact the Health Inspection Program at the Maine Department of Health & Human Services at (207) 287-5671 or visit: https://www.maine.gov/dhhs/mecdc/environmental-health/el/index.htm. (S.F.P.)

Maine law contains a comprehensive set of statutes (22 M.R.S. Ch. 262-A) governing the sale and distribution of tobacco products. “Tobacco products” include any product made or derived from tobacco, or containing 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, cigarettes, cigars, hookah, pipe tobacco, chewing tobacco, snuff or snus, electronic smoking devices and any components or accessories 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.  

Although state law expressly recognizes municipal home rule authority to adopt more restrictive local regulations governing the sale of tobacco products (22 M.R.S. § 1556), significant advance notice requirements apply.

Any municipality considering a tobacco products ordinance or regulation that is more restrictive than state law must mail notice of its intention to the last known address of each retail tobacco licensee doing business in the municipality at least 30 days prior to consideration of the ordinance, regulation, or amendment. This notice must state the time, place, and date of a hearing or proposed enactment and the subject matter of the proposed ordinance, regulation, or amendment.

For information on state tobacco regulations or for a list of licensed tobacco retailers in your municipality, contact the Health Inspection Program at the Maine Department of Health & Human Services at (207) 287-5671 or visit: https://www.maine.gov/dhhs/mecdc/environmental-health/el/index.htm. (S.F.P.)