An Act to Ban the Sale, Use and Possession of Single-use Electronic Cigarettes and to Review Extended Producer Responsibility Options for All Batteries

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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 754
S.P. 262 In Senate, February 25, 2025
An Act to Ban the Sale, Use and Possession of Single-use Electronic
Cigarettes and to Review Extended Producer Responsibility Options
for All Batteries
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Cosponsored by Representative GRAMLICH of Old Orchard Beach and
Senators: BRENNER of Cumberland, TEPLER of Sagadahoc, Representatives: BRIDGEO of
Augusta, CAMPBELL of Orrington, WOODSOME of Waterboro.

Page 1 - 132LR0537(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 22 MRSA §1560-C is enacted to read:
3§1560-C. Single-use electronic nicotine delivery device
41. Definitions. As used in this section, unless the context otherwise indicates, the
5 following terms have the following meanings.
6 A. "Electronic nicotine delivery device" has the same meaning as in section 1560-B,
7 subsection 1, paragraph B.
8 B. "Single-use electronic nicotine delivery device" means an electronic nicotine
9 delivery device that is designed for one-time use and is not rechargeable.
102. Prohibition on sale. A person may not sell or offer to sell a single-use electronic
11 nicotine delivery device.
123. Prohibition on use or possession. A person may not use or possess a single-use
13 electronic nicotine delivery device.
144. Penalties. A person that violates this section:
15 A. Commits a civil violation for which a fine of $500 may be adjudged;
16 B. After having previously violated this section, commits a civil violation for which a
17 fine of $1,000 may be adjudged; and
18 C. After having previously violated this section more than once, commits a civil
19 violation for which a fine of $5,000 may be adjudged.
20Sec. 2. Department of Environmental Protection to convene stakeholder
21group. The Department of Environmental Protection shall convene a stakeholder group
22 of interested parties to review the feasibility and viability of establishing an extended
23 producer responsibility approach to all batteries not currently covered by an extended
24 producer responsibility requirement, including, but not limited to, batteries used in
25 electronic cigarettes, electronic cigars, electronic pipes, electronic hookahs and so-called
26 vape pens. By December 3, 2025, the department shall submit a report related to the review
27 to the Joint Standing Committee on Environment and Natural Resources, which may
28 submit legislation related to the report to the Second Regular Session of the 132nd
29 Legislature.
30SUMMARY
31 This bill prohibits the sale, use and possession of single-use electronic nicotine delivery
32 devices, which include electronic cigarettes, electronic cigars, electronic pipes, electronic
33 hookahs and so-called vape pens. The bill establishes penalties for such sale, use and
34 possession that are similar to the penalties for the sale of nicotine liquid containers that are
35 not child resistant. The bill also directs the Department of Environmental Protection to
36 convene a stakeholder group of interested parties to review the feasibility and viability of
37 establishing an extended producer responsibility approach to all batteries not currently
38 covered by an extended producer responsibility requirement, including, but not limited to,
39 batteries used in electronic cigarettes, electronic cigars, electronic pipes, electronic hookahs
40 and so-called vape pens.
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