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REFERENCE TITLE: tobacco products; vaping; minimum age |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2293 |
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Introduced by Representatives Simacek: Abeytia, Aguilar, Austin, Connolly, Contreras P, Crews, De Los Santos, Gutierrez, Luna-Nájera, Márquez, Stahl Hamilton
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AN ACT
amending sections 13-3622, 36-798, 36-798.01 and 36-798.02, Arizona Revised Statutes; relating to tobacco products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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. Tobacco products; persons under twenty-one years of age; classification; exceptions; 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 person who is under twenty-one years of age is guilty of a petty offense.
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. B. A minor person who is under twenty-one years of age and who misrepresents the minor's person's 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 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 $500.
D. C. This section does not apply to any of the following:
1. Cigars, cigarettes or cigarette papers, smoking or chewing a tobacco product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of ingesting 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. D. For the purposes of this section:
1. "Electronic smoking device":
(a) Means any device that may be used to deliver any aerosolized or vaporized substance to the person who inhales from the device, including an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah.
(b) Includes:
(i) Any component, part or accessory of the electronic smoking device.
(ii) Any substance that is intended to be aerosolized or vaporized during the use of the electronic smoking device, whether or not the substance contains nicotine.
(c) Does not include drugs, devices or combination products authorized for sale by the United States food and drug administration, as those terms are defined in the federal food, drug, and cosmetic act or the regulations adopted pursuant to that act.
1. 2. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
2. 3. "Tobacco product":
(a) 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.
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.
(i) A product containing, made of or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed or ingested by any other means, including a cigarette, a cigar, pipe tobacco, shisha, beedies, bidis, chewing tobacco, snuff or snus.
(ii) An electronic smoking device and any substance that may be aerosolized or vaporized by the electronic smoking device, whether or not the substance contains nicotine.
(iii) A component, part or accessory of any product, electronic smoking device or substance that is listed in item (i) or (ii) of this subdivision, whether or not any of these contain tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps and pipes.
(b) Does not include drugs, devices or combination products authorized for sale by the United States food and drug administration, as those terms are defined in the federal food, drug, and cosmetic act or the regulations adopted pursuant to that act.
Sec. 2. Section 36-798, Arizona Revised Statutes, is amended to read:
36-798. Definitions
In this article, unless the context otherwise requires:
1. "Bar" means that portion of any premises licensed under section 4-209, subsection B, paragraph 6, 7, 11, 12 or 14 that is primarily used for the selling, consumption consuming or serving of alcoholic beverages and that is not primarily used for the consumption of consuming food on the premises.
2. "Beedies" or "bidis" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis.
3. "Cigar" means a roll of tobacco or any lawful substitute for tobacco that is wrapped in tobacco.
4. "Cigarette" means a roll of tobacco or any lawful substitute for tobacco that is wrapped in paper or in any substance other than tobacco.
5. "Minor" means a person who is under eighteen years of age.
5. "Electronic smoking device":
(a) Means any device that may be used to deliver any aerosolized or vaporized substance to the person who inhales from the device, including an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah.
(b) Includes:
(i) Any component, part or accessory of the electronic smoking device.
(ii) Any substance that is intended to be aerosolized or vaporized during the use of the electronic smoking device, whether or not the substance contains nicotine.
(c) Does not include drugs, devices or combination products authorized for sale by the United States food and drug administration, as those terms are defined in the federal food, drug, and cosmetic act or the regulations adopted pursuant to that act.
6. "Retail tobacco vendor":
(a) Means a person, who possesses tobacco or tobacco products for the purpose of selling them for consumption and not for resale partnership, joint venture, society, club, trustee, true association, organization or corporation that owns, operates or manages any tobacco retail establishment.
(b) Does not include the nonmanagement employees of any tobacco retail establishment.
7. "Self-service display":
(a) Means any display from which customers may select a tobacco product without assistance from the retail tobacco vendor or the retail tobacco vendor's representative, agent or employee and without a direct person-to-person transfer between the purchaser and the retail tobacco vendor or retail tobacco vendor's representative, agent or employee.
(b) Includes a vending machine.
7. 8. "Smokeless tobacco" includes shredded tobacco, snuff, cavendish and plug, twist and other tobacco products that are intended for oral use but not for smoking.
8. 9. "Smoking tobacco" includes any tobacco or tobacco product, other than cigarettes and cigars, that is intended to be smoked.
9. 10. "Tobacco products product": includes cigarettes, cigarette papers, cigars, smokeless tobacco and smoking tobacco.
(a) Means any of the following:
(i) A product containing, made of or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed or ingested by any other means, including a cigarette, a cigar, pipe tobacco, shisha, beedies, bidis, chewing tobacco, snuff or snus.
(ii) An electronic smoking device and any substance that may be aerosolized or vaporized by the electronic smoking device, whether or not the substance contains nicotine.
(iii) A component, part or accessory of any product, electronic smoking device or substance that is listed in item (i) or (ii) of this subdivision, whether or not any of these contain tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps and pipes.
(b) Does not include drugs, devices or combination products authorized for sale by the United States food and drug administration, as those terms are defined in the federal food, drug, and cosmetic act or the regulations adopted pursuant to that act.
11. "Tobacco retail establishment" MEANS any establishment at which a tobacco product is sold, offered for sale, exchanged for any form of consideration or offered for exchange for any form of consideration.
10. 12. "Vending machine" means any mechanical, electrical or electronic device that, on insertion of money, tokens or any other form of payment, automatically dispenses tobacco products.
Sec. 3. Section 36-798.01, Arizona Revised Statutes, is amended to read:
36-798.01. Retail tobacco vendors; selling, furnishing, giving or providing tobacco products; persons under twenty-one years of age; prohibitions
A. It is unlawful for a retail tobacco vendor or a retail tobacco vendor's representative, agent or employee to sell, furnish, give or provide beedies or bidis to a minor a tobacco product to a person who is under twenty-one years of age in this state.
B. Any person who violates this section is guilty of a class 3 misdemeanor.
B. Before distributing any tobacco product, the retail tobacco vendor or the retail tobacco vendor's representative, agent or employee shall verify that the purchaser is at least twenty-one years of age. Each retail tobacco vendor or retail tobacco vendor's representative, agent or employee shall examine the purchaser's government-issued photographic identification. This verification is not required for a person who is thirty years of age or older. The fact that a purchaser appeared to be thirty years of age or older does not constitute a defense to a violation of this subsection.
Sec. 4. Section 36-798.02, Arizona Revised Statutes, is amended to read:
36-798.02. Self-service display sales of tobacco products; penalties
A. A person shall may not sell tobacco products through a vending machine self-service display unless the vending machine self-service display is located in either:
1. A bar that does not allow persons to enter who are under twenty-one years of age.
2. An employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors persons who are under twenty-one years of age.
B. A sign measuring at least eighty square inches shall be obviously affixed to the front of each vending machine. The sign shall state in block letters, it is illegal for a minor to purchase cigarettes or tobacco products and, upon conviction, a fine of up to three hundred dollars may be imposed.
C. B. This article does not invalidate an ordinance of or prohibit the adoption of an ordinance by a county, city or town to further restrict self-service displays or the location of vending machines or specify different wording for the vending machines signs as required by subsection B of this section self-service displays.
D. C. A person who violates this section is guilty of a petty offense.