SB 124 - This act modifies the Indoor Clean Air Act to include vapor products such as electronic cigarettes and vapor cartridges in the definition of "smoking", thereby extending existing prohibitions on smoking in public places and child day care facilities, outside of designated areas, to such products.
This act raises the age under which the sale of certain tobacco, alternative nicotine, or vapor products shall be prohibited from 18 years to 21 years. The Division of Alcohol and Tobacco Control may employ a person between 17 and 20 years of age, with parental consent for persons under 18, to attempt to purchase tobacco for the purpose of inspection or enforcement of tobacco laws. The Division may enter into enforcement agreements with local public health agencies to enforce the state's tobacco laws.
Under current law, persons or entities selling to minors by mail or Internet are assessed a fine of $250 for the first violation and $500 for each subsequent violation. Under this act, the owner of the establishment or entity selling to persons under 21 by mail or Internet shall be assessed a fine of $500 for the first violation and a sales and distribution prohibition for one month for each subsequent violation, with a $500 per day fine assessed for any violation of such sales and distribution prohibition.
Additionally, vapor products, including those devices classified as electronic nicotine delivery systems, shall be regulated as tobacco products. Any person who engages in the sale of liquid nicotine containers or vapor products that contain any amount of tetrahydrocannabinol (THC) or any other controlled substances shall be guilty of a Class A misdemeanor.
Any person or entity selling, providing, or distributing tobacco products, including vapor products, alternative nicotine products, or rolling papers, in any quantity, shall annually register with the Department of Revenue prior to such sale, provision, or distribution, as described in the act. Each location where such products are sold shall be registered and such registration shall be accompanied by a $50 registration charge, to be used for enforcement of the state's tobacco laws and for tobacco and smoking cessation activities. Each registrant shall prominently display a notice of registration at the registered location. Failure to register shall result in the following penalties: (1) for the first offense, a written warning and a $500 fine; (2) for the second offense, a citation prohibiting sales of tobacco products for 10 days; (3) for the third offense, a citation prohibiting sales of tobacco products for 60 days; and (4) for the fourth offense, a citation prohibiting sales of tobacco products permanently. Any person or entity in violation of a sales prohibition shall be fined $500 per day such violation occurs. The Department of Revenue shall provide the Division with a complete and updated list of every registered person or entity for purposes of enforcing the state's tobacco laws.
Current law requires tobacco product vending machines to be supervised and to include a locking device, unless the machines are located in areas where minors are not permitted or in factories, private clubs, or other locations not accessible to the general public. This act repeals that exception and instead excludes vending machines located in areas not accessible to persons under 21 years of age from such regulations. Additionally, current law prohibits the sale, provision, or distribution of tobacco products, including vapor products, to minors unless the distribution is by a family member on private property. This act repeals this exception.
This act repeals the fines assessed under current law for persons, including sales clerks, who sell tobacco products to minors and modifies the penalties assessed against the owners of the establishments where tobacco products are sold to persons under 21 years of age as follows: (1) for the first offense, a reprimand and a $150 fine; (2) for the second offense, a citation prohibiting sales of tobacco products for 7 days; and (3) for the third and subsequent offenses, a citation prohibiting sales of tobacco products for 30 days. Any person or entity in violation of a sales prohibition shall be fined $500 per day such violation occurs. Additionally, this act repeals current law permitting the elimination of penalties if the owner has a tobacco compliance training program.
The provisions of this act shall become effective on January 1, 2022.
This act is identical to SCS/SB 829 (2020).