ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: COM DPA 4-2-0-3

HB 2853: furnishing tobacco; minors; enterprise penalties

Sponsor: Representative Bolick, LD 20

Caucus & COW

Overview

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. Prescribes penalties and restrictions for businesses that violate laws relating to furnishing of tobacco and vapor products as follows:

a) For a first offense, mandatory attendance at a court-approved tobacco retailer educational course in lieu of or in addition to a fine of at least $500 but not more than $750;

b) For a second offense within 3 years, a fine of at least $1,000 but not more than $1,500 and mandatory attendance at a court-approved tobacco retailer educational course, and the court must prohibit the enterprise from selling, giving or furnishing tobacco or vapor products for 30 days.

c) For a third offense within 3 years, a fine of at least $2,000 but not more than $2,500 and mandatory attendance at a court-approved tobacco retailer educational course, and the court shall prohibit the enterprise from selling, giving or furnishing tobacco or vapor products for 90 days.

d) For a fourth or subsequent offense within 3 years, a fine of at least $3,000 but not more than $5,000 and mandatory attendance at a court-approved tobacco retailer educational course and the court shall prohibit the enterprise from selling, giving or furnishing tobacco or vapor products for 1 year. (Sec. 1)

2. Specifies a business that violates an imposed restriction is subject to additional fines and increased restrictions. (Sec. 1)

3. 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)

4. 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)

Amendments

Committee on Commerce

1. Replaces the term minor with a person who is under the minimum age of sale for tobacco products as defined by federal law.

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5. HB 2853

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