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ARIZONA HOUSE OF REPRESENTATIVESFifty-fourth Legislature Second Regular Session |
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HB 2826: tobacco; vaping; penalties; legal age
Sponsor: Representative Osborne, LD 13
Committee on Commerce
Overview
Clarifies the age of a minor to be consistent with federal law and establishes penalties for businesses that unlawfully furnishing tobacco and vapor products.
History
A person who knowingly sells, gives or furnishes cigars, cigarettes or cigarette papers or smoking and chewing tobacco (tobacco products), a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha to a minor is guilty of a petty offense.
A minor who buys or possesses or knowingly accepts or receives such products or instruments is guilty of a petty offense and if applicable must pay a fine of at least $100 or serve at least 30 hours of community service.
A minor who misrepresents their age to any other person by means of a written instrument of identification with the intent to induce the other person to sell, give, or furnish such products or instruments is guilty of a petty offense and is required to pay a fine of no more than $500.
Statute defines "Shisha” as any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener. "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 (A.R.S. § 13-3622).
In 2019, the President signed legislation amending the Federal Food, Drug, and Cosmetic Act, and raising the federal minimum age of sale of tobacco products from 18 to 21 years.
Provisions
1. Replaces the term minor with a person who is under the minimum age of sale for tobacco products as set by the Federal Food, Drug, and Cosmetic Act in statute relating to selling or purchasing tobacco and vapor products. (Sec. 1)
3. Specifies a business that violates an imposed restriction is subject to additional fines and increased restrictions. (Sec. 1)
4. Prohibits a court from waiving a fine if the enterprise commits a second or subsequent violation after 3 years from the first violation. (Sec. 1)
5. Requires at least one owner or manager and one person serving in a nonmanagerial position to attend a tobacco retailer educational course, if ordered by a court. (Sec.1)
6. Instructs the Department of Revenue (Department), on notice from the Attorney General's office, to suspend a person's use of the TPT class code for the retail sale of tobacco and vapor products for a period specified by the AG if the person commits a second or subsequent violation of laws relating to furnishing of tobacco and vapor products.
a) Stipulates the Department must notify the AG if the person reports revenue from the sale of tobacco or vapor products during the suspension period. (Sec. 2)
7. Requires the Department to separately account for revenues collected from the gross proceeds of sales of tobacco and vapor products. (Sec. 3, 4)
8. Contains a conditional enactment clause. (Sec. 5)
9.
Makes technical
changes. (Sec. 1, 3, 4
)
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13. HB 2826
14. Initials PRB Page 0 Commerce
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