Establishing the minimum age relative to various activities relating to tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes, making penalties applicable, and including effective date and applicability provisions

This bill increases the minimum age relative to various activities relating to tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes from years of age to years of age. The bill prohibits a person from selling, giving, or otherwise supplying any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under years of age. The bill also prohibits a person under years of age from smoking, using, possessing, purchasing, or attempting to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes. The bill makes conforming changes in the Code relative to use of a driver’s license or nonoperator’s identification card by an underage person to obtain tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes; compliance efforts; sale of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes through vending machines; the giving away of samples of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to persons under years of age and within 500 feet of certain locations; and the mailing, shipping, or other delivery of alternative nicotine products or vapor products. A person holding a permit, including a retailer, who violates a provision of the bill is subject to civil penalties and permit suspension or revocation provisions based on the number of violations. A person other than a retailer who sells, gives, or otherwise supplies any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under years of age is guilty of a simple misdemeanor. An employee of a retailer who sells, gives, or otherwise supplies any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under years of age commits a simple misdemeanor punishable as a scheduled violation ranging from $100 to $500 based upon the number of violations. A person under years of age who smokes, uses, possesses, purchases, or attempts to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes is subject to performance of community service hours ranging from hours for a first offense to hours for a third or subsequent offense. The bill exempts from the provisions, based upon a person attaining the age of under Code chapter 453A, a person who has attained the age of but who has not yet attained the age of 21, if the person is able to establish the person’s identity by presenting a veteran identification card or a military identification card that contains the person’s signature. The bill takes effect January 1, 2020. The bill is not applicable to any person who is years of age or older before January 1, 2020, and at such time could lawfully smoke, use, posses, purchase, or attempt to purchase tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes.