2014 -- H 7021 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- SALE OF TOBACCO PRODUCTS TO THOSE

UNDER EIGHTEEN (18)

     Introduced By: Representative Helio Melo

     Date Introduced: January 08, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-9-13, 11-9-13.1 and 11-9-13.4 of the General Laws in Chapter

11-9 entitled "Children" are hereby amended to read as follows:

     11-9-13. Purchase, sale or delivery of tobacco products to persons under eighteen --

Posting notice of law. -- No person under eighteen (18) years of age shall purchase, nor shall any

person sell, give or deliver to any person under eighteen (18) years of age, any vapor product, or

alternative nicotine product, or tobacco product in the any form of including, but not limited to,

cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as "blunts" unflavored

"blunts", flavored and unflavored blunt wraps, cigarette rolling papers of any size or composition,

cigarillos, and tiparillos, pipe tobacco, chewing tobacco, or snuff. Any person, firm, or

corporation that owns, manages, or operates a place of business in which tobacco products, vapor

products or alternative nicotine products are sold, including sales through cigarette vending

machines, shall post notice of this law conspicuously in the place of business in letters at least

three-eighths of an inch (3/8") high.

     11-9-13.1. Cigarette and tobacco vending machines. -- (a) No cigarettes nor any other

tobacco product, vapor product or alternative nicotine product, shall be sold from any device or

vending machine which is in an area not continuously supervised and in direct line of sight of an

authorized person employed by the person, firm, or corporation that owns the business occupying

the premises in which the device or vending machine is located, nor shall any tobacco product,

vapor product or alternative nicotine product, be sold from any device or vending machine which

is in an area supervised by such an authorized person unless the device or vending machine is

equipped with an electronic locking device which will not allow the device or vending machine to

dispense a pack of cigarettes, or any other tobacco product, vapor product or alternative nicotine

product, unless it is electronically unlocked from a secured position inaccessible to the public and

under the supervision of an authorized person employed by the person, firm, or corporation that

owns the business occupying the premises in which the device or vending machine is located.

"Direct line of sight" means that the vending machine and the purchaser of cigarettes, or any

other tobacco products, vapor products or alternative nicotine products, must be visible to the

authorized person pressing the unlock button while the unlock button is being activated.

Provided, a locking device shall not be required in an establishment licensed to sell alcoholic

beverages which limits access to persons over the age of twenty-one (21) years.

      (b) No cigarettes nor any other tobacco product, vapor product or alternative nicotine

product, shall be sold from any device or vending machine from which non-tobacco products are

sold.

      (c) No cigarettes shall be sold in packs which contain less than twenty (20) cigarettes.

      (d) Any person, firm, or corporation who owns a business occupying the premises in

which a device or vending machine which dispenses cigarettes or any other tobacco product,

vapor product or alternative nicotine products is located who shall violate any of the provisions of

subsections (a) and (b) of this section shall for the first offense be subject to a fine of seventy-five

dollars ($75.00), for the second offense, be subject to a fine of one hundred fifty dollars ($150),

and for the third and any subsequent offense, be subject to a fine of five hundred dollars ($500);

provided, that in the event that there are no offenses in three (3) successive years from the date of

the last offense, then the next offense shall be treated as the first offense.

      (e) Any person, firm or corporation who shall violate subsection (c) of this section shall

for the first offense be subject to a fine of seventy-five dollars ($75.00), for the second offense, be

subject to a fine of one hundred fifty dollars ($150), and for the third and any subsequent offense,

be subject to a fine of five hundred dollars ($500); provided, that in the event that there are no

offenses in three (3) successive years from the date of the last offense, then the next offense shall

be treated as the first offense.

      (f) One-half (1/2) of all the fines collected pursuant to this section shall be transferred to

the municipalities in which the citations originated. One-half (1/2) of all the fines collected

pursuant to this section shall be transferred to the general fund.

      (g) Severability. - If any provision of this section or the application of it to any person or

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circumstance is held invalid, that invalidity shall not affect other provisions or applications of this

section, which can be given effect without the invalid provision or application, and to this end the

provisions of this section are declared to be severable.

     11-9-13.4. Definitions. -- As used in this chapter:

      (1) "Bidi cigarette" means any product that (i) contains tobacco that is wrapped in

temburni or tender leaf or that is wrapped in any other material identified by rules of the

Department of Health that is similar in appearance or characteristics to the temburni or tender leaf

and (ii) does not contain a smoke filtering device.

      (2) "Court" means any appropriate district court of the state of Rhode Island.

      (3) "Dealer" is synonymous with the term "retail tobacco products dealer".

      (4) "Department of mental health, retardation behavioral healthcare, developmental

disabilities and hospitals " means the state of Rhode Island mental health, retardation behavioral

healthcare, developmental disabilities and hospitals department , its employees, agents or assigns.

      (5) "Department of taxation" means the state of Rhode Island taxation division, its

employees, agents, or assigns.

      (6) "License" is synonymous with the term "retail tobacco products dealer license."

      (7) "License holder" is synonymous with the term "retail tobacco products dealer."

      (8) "Person" means any individual person, firm, association, or corporation licensed as a

retail dealer to sell tobacco products within the state.

      (9) "Retail tobacco products dealer" means the holder of a license to sell tobacco

products at retail.

      (10) "Retail tobacco products dealer license" means a license to sell tobacco products at

retail as issued by the department of taxation.

      (11) "Spitting tobacco" also means snuff, powdered tobacco, chewing tobacco, dipping

tobacco, pouch tobacco or smokeless tobacco.

      (12) "Tobacco product(s)" means any product containing and made from tobacco, that is

intended for human consumption, including, but not limited to, cigarettes, cigars, little cigars,

pipe tobacco, spitting tobacco, snus, or bidi cigarettes, as defined in subdivision (1) of this

section, which can be used for, but whose use is not limited to, smoking, sniffing, chewing,

inhaling, absorbing, dissolving, or spitting or ingestion by any other means of the product.

"Tobacco product(s)" does not include vapor products, alternative nicotine products or any

product that has been approved by the United States Food and Drug Administration for sale as a

tobacco cessation product and is being marketed and sold solely for the approved purpose.

      (13) "Underage individual" or "underage individuals" means any child under the age of

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eighteen (18) years of age.

      (14) "Little cigars" means and includes any roll, made wholly or in part of tobacco,

irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or

mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco

wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except

where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three

(3) pounds per thousand (1,000).

     (15) "Vapor product(s)" means any non-combustible product containing nicotine that

employs a heating element, power source, electronic circuit, or other electronic, chemical or

mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in

a solution or other form. "Vapor product" includes any vapor cartridge or other container of

nicotine in a solution or other form that is intended to be used with or in an electronic cigarette,

electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Vapor

product" does not include any product regulated as a drug or device by the United States Food

and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.

     (16) "Alternative nicotine product(s)" means any non-combustible product containing

nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or

ingested by any other means. "Alternative nicotine product" does not include any vapor product,

tobacco product, or any product regulated as a drug or device by the United States Food and Drug

Administration under Chapter V of the Food, Drug and Cosmetic Act.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SALE OF TOBACCO PRODUCTS TO THOSE

UNDER EIGHTEEN (18)

***

     This act would amend the definition of tobacco products to include vapor products and

alternative nicotine products for the purpose of prohibiting access by minors.

     This act would take effect upon passage.

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