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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
tobacco products; electronic smoking devices
Purpose
Adds electronic smoking devices to the definition of tobacco product as it relates to the sale and use of tobacco products by minors. Prescribes requirements for delivery sales of electronic smoking devices.
Background
A person who knowingly sells, gives or furnishes a tobacco product, vapor product or any instrument or paraphernalia that is designed for the smoking or ingestion of tobacco to a minor and a minor who accepts any tobacco product, vapor product or any instrument or paraphernalia that is designed for smoking or ingestion of tobacco are guilty of a petty offense. A minor who misrepresents their age to induce any person to sell, give or furnish a tobacco product, vapor product or any instrument or paraphernalia that is designed for smoking or ingestion of tobacco is guilty of a petty offense and is required to pay a fine up to $500 (A.R.S. § 13-3622).
Current
statute defines tobacco product as cigars, cigarettes, cigarette papers,
smoking tobacco and chewing tobacco of any
kind. Vapor product is defined as a noncombustible
tobacco-derived product containing nicotine that employs a mechanical heating
element, battery or circuit that can be used
to heat a liquid nicotine solution contained in cartridges (A.R.S.
§ 13-3622).
It is unlawful for any person, other than a licensed person or a retailer ordering from a licensed person, to order or purchase tobacco products by mail or delivery service, through the telephone or through an online transaction, except for pipe tobacco and cigars. A person in violation of the delivery sale restrictions is guilty of a class 6 felony (A.R.S. § 36-798.06).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the definition of tobacco product to include:
a) any product made or derived from tobacco or containing nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means;
b) shisha, snuff, snus or an electronic smoking device; and
c) any component, accessory, instrument or paraphernalia that is used in the consumption of a tobacco product, whether or not it includes nicotine, or that is solely designed for smoking or ingesting tobacco or shisha.
2. Exempts, from the definition of tobacco product, any product that is authorized for sale by the U.S. Food and Drug Administration.
3. Defines electronic smoking device as:
a) a device that delivers aerosolized or vaporized nicotine by inhalation and any component, part or accessory of the device whether or not they are sold separately; and
b) any substance intended to be aerosolized or vaporized during the use of the device.
4. Exempts electronic smoking devices from the definition of tobacco product as it relates to the prohibition on delivery sales.
5. Requires retailers that engage in delivery sales of electronic smoking devices to implement age verification through an independent, third-party verification service to verify that purchasers are at least 21 years of age.
6. Requires retailers that engage in delivery sales of electronic smoking devices to register with the Attorney General's Office and provide to the Attorney General's Office the following information:
a) the individual's full name;
b) the retailer's trade name, if any;
c) the address of the retailer's principal place of business and of any other place of business;
d) the telephone number for each place of business;
e) the retailer's e-mail address;
f) the retailer's website address; and
g) the name, address and telephone number for any agent in Arizona authorized to accept service on behalf of the retailer.
7. Requires retailers that engage in delivery sales of electronic smoking devices to include a prescribed warning in a clear and conspicuous manner on the outside of a shipping container that contains an electronic smoking device.
8. Removes the definition of vapor product.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Exempts electronic smoking devices from the definition of tobacco product as it relates to the prohibition on delivery sales.
2. Outlines requirements for retailers that engage in delivery sales of electronic smoking devices.
Senate Action
HHS 1/23/19 DP 8-0-0
Prepared by Senate Research
February 12, 2019
CRS/AB/kja