Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3622, Arizona Revised Statutes, is amended to read:
13-3622. Furnishing of tobacco product, tobacco or shisha instruments or paraphernalia to minor; minor accepting or receiving tobacco product, tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product, tobacco or shisha instruments or paraphernalia by underage person; classification; definitions
A. A person who knowingly
sells, gives or furnishes a tobacco product, a vapor product or
any instrument or paraphernalia that is solely designed for the smoking or
ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor is
guilty of a petty offense class 2 misdemeanor.
B. A minor who buys, or has in his possession or
knowingly accepts or receives from any person, a
tobacco product, a vapor product
or any instrument or paraphernalia that is solely designed for the smoking or
ingestion of tobacco or shisha, including a hookah or waterpipe, is guilty of a
petty offense, and if the offense involves any instrument or paraphernalia that
is solely designed for the smoking or ingestion of tobacco or shisha, shall pay
a fine of not less than one hundred dollars or perform not less than thirty
hours of community restitution.
C. A minor who misrepresents the minor's age to any
person by means of a written instrument of identification with the intent to
induce the person to sell, give or furnish a tobacco product, a vapor product or
any instrument or paraphernalia that is solely designed for the smoking or
ingestion of tobacco or shisha, including a hookah or waterpipe, in violation
of subsection A or B of this section is guilty of a petty offense and,
notwithstanding section 13‑802, shall pay a fine of not more than five
hundred dollars.
D. This section does not apply to any of the following:
1. Cigars, cigarettes or cigarette papers, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, if it is used or intended to be used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise.
2. Any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor to smoke or ingest tobacco or shisha.
E. For the purposes of this section:
1. "Electronic smoking device" means any product that contains or delivers nicotine or any other similar substance intended for human consumption and that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product and includes any component part of the product whether or not sold separately.
1. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
2. "Tobacco product" means any of the following:
(a) Cigars.
(b) Cigarettes.
(c) Cigarette papers of any kind.
(d) Smoking tobacco of any kind.
(e) Chewing tobacco of any kind. product that is made from or derived from tobacco or contains nicotine or a similar substance and 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 and includes a cigarette, a cigar, any pipe tobacco, a chewing tobacco, snuff or snus or an electronic smoking device. Tobacco product does not include a product that is specifically approved by the United States food and drug administration for sale as a tobacco cessation product and that is marketed and sold solely for the approved purpose.
3. "Vapor product" means a noncombustible tobacco‑derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. Vapor product does not include any product that is regulated by the United States food and drug administration under chapter V of the federal food, drug and cosmetic act.
Sec. 2. Section 36-798.03, Arizona Revised Statutes, is amended to read:
36-798.03. Tobacco products and electronic smoking devices prohibition at schools and school‑related areas; exception; violation; classification; definitions
A. Tobacco products and electronic smoking devices are prohibited on school grounds, inside school buildings, in school parking lots or playing fields, in school buses or vehicles or at off‑campus school sponsored events. For purposes of this subsection, "school" means any public, charter or private school where children attend classes in kindergarten programs or grades one through twelve.
B. Subsection A of this section does not apply to an adult who employs tobacco products or electronic smoking devices as a necessary component of a school sanctioned tobacco prevention or cessation program established pursuant to section 15‑712.
C. A person who violates this section is guilty of a petty offense.
D. For the purposes of this section:
1. "electronic smoking device" means any product that contains or delivers nicotine or any other similar substance intended for human consumption and that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product and includes any component part of the product whether or not sold separately. electronic smoking device does not include a product that is specifically approved by the United States food and drug administration for sale as a tobacco cessation product and that is marketed and sold solely for the approved purpose.
2. "School" means any public, charter or private school where children attend classes in kindergarten programs or grades one through twelve.
Sec. 3. Title 44, Arizona Revised Statutes, is amended by adding chapter 36, to read:
CHAPTER 36
ELECTRONIC SMOKING DEVICES
ARTICLE 1. GENERAL PROVISIONS
44-7901. Business premises; prohibiting the use of electronic smoking devices; definition
A. The owner of a business may prohibit the use of an electronic smoking device by any person who is on the premises of the business.
B. For the purposes of this section, "electronic smoking device" means any product that contains or delivers nicotine or any other similar substance intended for human consumption and that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product and includes any component part of the product whether or not sold separately. Electronic smoking device does not include a product that is specifically approved by the United States food and drug administration for sale as a tobacco cessation product and that is marketed and sold solely for the approved purpose.