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Maine Laws

 

Definitions related to Maine’s Smoking laws: Title 22 § 1541
This provides definitions for term, for example, providing the definition for "Public Place".

Smoking Prohibited in Public Places: Title 22 § 1542
This law applies to places into which the public is invited or allowed, including stores, restaurants, bars, movie theaters, bowling alleys, and membership clubs when a function is held that is open to the public during the function. This law also applies to day care facilities including throughout the home at home-based day care facilities, during the hours of operation. The law applies to units/apartments within residential facilities licensed by Maine DHHS when an employee is physically present to perform work there. The law also applies to government offices, public transportation (buses, trains, taxi cabs) and motel and hotel lobbies, hallways and meeting rooms.

Posting Signs: Title 22 § 1543
This law details the requirement that signs must be posted conspicuously where smoking is regulated.

Retaliation Prohibited: Title 22 § 1544
A person may not discharge, refuse to hire, discipline or otherwise retaliate against any person who pursues any remedy to enforce the requirements related to Maine smoking laws.

Penalty: Title 22 § 1545
A person who violates any part of Maine smoking law commits a civil violation. A fine of $100 may be adjudged, except that a fine of $1,500 may be adjudged

Tobacco Specialty Store: Entry Prohibited for Persons under 18 years of age: Title 22 § 1547
A person under age 18 is prohibited from entering a business licensed as a tobacco specialty store unless accompanied by a parent or legal guardian.

Enforcement: Title 22 § 1548
The Attorney General may bring an action to enforce this chapter in District or Superior Court including an injunction, and fines; and may seek to prevent or restrain actions in violation.

Smoking is Prohibited in Vehicles when Minor under 16 yrs of age is present: Title 22 § 1549
This law applies to drivers and passengers regardless of whether vehicle windows are open. The law does not permit inspection or search, nor is this a moving violation. Effective September 1, 2009, persons in violation commit a civil violation for which a fine of $50 must be assesses, except that a law enforcement officer can choose to give a written warning instead of the fine.

Smoking in Outdoor Eating Areas: Title 22 § 1550
Effective September 12, 2009, smoking is prohibited in all outdoor eating areas including patios, decks or other property including bars, restaurants, dairy bars, and snack bars. The law applies year around, 24 hours a day whenever the business is open and serving food or drink.

Tobacco Use in Elementary and Secondary Schools Prohibited: Title 22 § 1578-B
Tobacco use in the buildings or on the grounds of any elementary or secondary school is prohibited. This prohibition applies to all students, staff and visitors, at all times – 24 hours a day, 365 days a year.

Smoking in Places of Employment: Title 22 § 1580-A
This law regulates smoking, and does not regulate the use of other tobacco products. Smoking is prohibited in all enclosed areas including common areas, private offices and in employer-owned and –leased vehicles used by employees. Smoking is also prohibited in employee-owned vehicles used in the course of work whenever another employee or other person is in the vehicle for work-related reasons. Smoking may only be allowed outdoors and only in areas at least 20 feet from entryways, doors, windows, and not in any area that would allow the smoke to circulate back into the building.

Smoking in State Parks and State Historic Sites: Title 22 § 1580-E
A person may not smoke tobacco, or any other substance in, on or within 20 feet of a beach, playground, snack bar, group picnic shelter, business facility, enclosed area, public place or restroom in a state park or state historic site.

Rules / Licensing for Family Foster Homes related to Exposure to Secondhand Tobacco Smoke: Chapter 16 Section 9 Subsection K;
Smoking is prohibited when children are present or within 12 hours of their return if they are away. Smoking is also prohibited in vehicles of foster parents within 12 hours of transporting children.

NOTE:
Click here for a Summary of Maine Laws and Rules Related to Secondhand Smoke.