2020 -- H 7041

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LC003470

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     Introduced By: Representatives Diaz, Caldwell, Alzate, Serpa, and Casimiro

     Date Introduced: January 09, 2020

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-9-13, 11-9-13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-9-13.10,

11-9-13.11 and 11-9-14 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. Purchase, sale or delivery of tobacco products to persons under

twenty-one -- Posting notice of law.

     No person under eighteen (18) twenty-one (21) years of age shall purchase, nor shall any

person sell, give, or deliver to any person under eighteen (18) twenty-one (21) years of age, any

tobacco in the form of 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, electronic nicotine-

delivery systems, electronic nicotine-delivery system liquids, liquid nicotine containers, or snuff.

Any person, firm, or corporation that owns, manages, or operates a place of business in which

tobacco 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.

     11-9-13.4. 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 behavioral healthcare, developmental disabilities and hospitals "

means the state of Rhode Island 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" or

"electronic nicotine-delivery system license."

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

"electronic nicotine-delivery system license."

     (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 tobacco, including bidi

cigarettes, as defined in subdivision (1) of this section, that can be used for, but whose use is not

limited to, smoking, sniffing, chewing, or spitting of the product.

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

eighteen (18) twenty-one (21) 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) "Electronic nicotine-delivery system" means an electronic device that may be used

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to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the

device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic

cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other

component of such device.

     11-9-13.6. Duties of the department of behavioral healthcare, developmental

disabilities and hospitals.

     The department of behavioral healthcare, developmental disabilities and hospitals shall:

     (1) Coordinate and promote the enforcement of the provisions of this chapter and serve as

the primary liaison from this department to other state or local agencies, departments, or divisions

on issues pertaining to stopping children's access to tobacco and electronic nicotine-delivery

system dealers.

     (2) Provide retail tobacco products dealers and electronic nicotine-delivery system

dealers signs concerning the prohibition of sales to children under eighteen (18) twenty-one (21)

years of age. The signs, conforming to the requirements of this chapter, shall be sold at cost. This

sign, or an exact duplicate of it made privately, shall be displayed in all locations where tobacco

products and/or electronic nicotine-delivery systems are sold.

     (3) Investigate concurrently with other state and local officials violations of this chapter.

     (4)(i) Utilize unannounced statewide compliance checks of tobacco product sales and/or

electronic nicotine-delivery system sales including retail tobacco and/or electronic nicotine-

delivery system over-the-counter sales, mail-order sales initiated via mail, facsimile, telephone or

internet ordering or other types of electronic communications, and tobacco and/or electronic

nicotine-delivery systems vending machine sales as part of investigating compliance with the

provisions of this chapter. Underage individuals, acting as agents for the department of behavioral

healthcare, developmental disabilities and hospitals and with the written permission of a parent or

guardian, may purchase, with impunity from prosecution, tobacco products and electronic

nicotine-delivery system for the purposes of law enforcement or government research involving

monitoring compliance with this chapter, provided that the underage individuals are supervised

by an adult law enforcement official. Any individual participating in an unannounced compliance

check of over-the-counter or vending machine sales, must state his or her accurate age if asked by

the sales representative of the retail establishment being checked.

     (ii) In fulfilling the requirement of unannounced statewide compliance checks, the

department of behavioral healthcare, developmental disabilities and hospitals shall maintain

complete records of the unannounced compliance checks, detailing, at least, the date of the

compliance check; the name and address of the retail establishment checked or the mail order

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company; the results of the compliance check (sale/no sale); whether the sale was made as an

over-the-counter sale, a mail-order purchase or a tobacco and/or or electronic nicotine-delivery

systems vending machine sale; and if a citation was issued for any violation found. The records

shall be subject to public disclosure. Further, the department of behavioral healthcare,

developmental disabilities and hospitals shall report to the owner of each retail establishment

checked or mail-order company the results of any compliance check (sale/no sale) whether the

sale was made as an over-the-counter sale, a mail-order purchase, or a tobacco and/or electronic

nicotine-delivery systems vending machine sale, and if a citation was issued for any violation

found.

     (5) Seek enforcement, concurrently with other state and local officials, of the penalties as

detailed in this chapter.

     (6) Develop and disseminate community health education information and materials

relating to this chapter.

     11-9-13.7. Signs concerning sales to individuals under age eighteen (18). Signs

concerning sales to individuals under age twenty-one (21).

     Signs provided by the department of behavioral healthcare, developmental disabilities

and hospitals, or an exact duplicate of it made privately, shall:

     (1) Contain in red bold lettering a minimum of three-eighths (3/8") inch high on a white

background the following wording in both English and Spanish:

THE SALE OF CIGARETTES,

TOBACCO AND ELECTRONIC NICOTINE-DELIVERY SYSTEM

PRODUCTS

TO PERSONS UNDER THE AGE OF 18 21

IS AGAINST RHODE ISLAND LAW

(§ 11-9-13.8(1), Rhode Island Statutes)

PHOTO ID FOR PROOF OF AGE IS

REQUIRED FOR PURCHASE.

     (2) Contain the phone number at the department of behavioral healthcare, developmental

disabilities and hospitals, where violations of §§ 11-9-13.2 -- 11-9-13.19 can be reported, in

addition to any other information required by the department of behavioral healthcare,

developmental disabilities and hospitals.

     (3) Be displayed prominently for public view, wherever tobacco products are sold at each

cash register, each tobacco and/or electronic nicotine-delivery systems vending machine, or any

other place from which tobacco products are sold. The signs shall be electronically available in

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both English and Spanish online at the department of behavioral healthcare, developmental

disabilities and hospitals' website.

     11-9-13.8. Prohibitions applicable to license holders and their employees and agents.

     A person holding a license issued under chapter 20 of title 44 and/or § 23-1-56, or an

employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco

and/or electronic nicotine-delivery system product:

     (1) To any individual who is under eighteen (18) twenty-one (21) years of age; or

     (2) In any form other than an original, factory-wrapped package; or

     (3) As a single-cigarette sale (§ 44-20-31) or as a sale of cigarettes by the individual piece

known as "loosies."

     11-9-13.10. Prohibition on the distribution of free tobacco products.

     The distribution of free tobacco products and electronic nicotine-delivery systems or

coupons or vouchers redeemable for free tobacco or electronic nicotine-delivery system products

to any person under eighteen (18) twenty-one (21) years of age shall be prohibited. Further, the

distribution of free tobacco products or electronic nicotine-delivery systems or coupons or

vouchers redeemable for free tobacco or electronic nicotine-delivery systems products shall be

prohibited, regardless of the age of the person to whom the products, coupons, or vouchers are

distributed, within five hundred feet (500') of any school. The attorney general, or any local or

state of Rhode Island police department, or their officers or agents, shall bring an action for any

violation of this section. Every separate, free tobacco product or electronic nicotine-delivery

system or coupon or voucher redeemable for a free tobacco or electronic nicotine-delivery system

or product in violation of this section shall constitute a separate offense subject to a fine of five

hundred dollars ($500). The penalty shall be assessed against the business or individual

responsible for initiating the Rhode Island distribution of the free tobacco products or electronic

nicotine-delivery systems or coupons or vouchers redeemable for free tobacco products or

electronic nicotine-delivery systems.

     11-9-13.11. Prohibition on the sale or distribution of tobacco products through the

mail conveyance of tobacco products through the mail to children under eighteen (18) --

Proof of age of purchaser required -- General rule. Prohibition on the sale or distribution of

tobacco products through the mail conveyance of tobacco products through the mail to

children under twenty-one (21) -- Proof of age of purchaser required -- General rule.

     (a) The distribution, or sale or conveyance of tobacco products to children under the age

of eighteen (18) twenty-one (21) via the United States Postal Service, or by any other public or

private postal or package delivery service, shall be prohibited.

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     (b) Any person selling or distributing tobacco products in the form of cigars, pipe

tobacco, chewing tobacco, or snuff directly to a consumer via the United States Postal Service, or

by any other public or private postal or package delivery service, including orders placed by mail,

telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco product

through any of these means, receive both a copy of a valid form of government identification

showing date of birth to verify the purchaser is age eighteen (18) twenty-one (21) years or over

and an attestation from the purchaser certifying that the information on the government

identification truly and correctly identifies the purchaser and the purchaser's current address, and

(2) deliver the tobacco product to the address of the purchaser given on the valid form of

government identification and by a postal or package delivery service method that either limits

delivery to that purchaser and requires the purchaser to sign personally to receive the delivery or

requires a signature of an adult at the purchaser's address to deliver the package.

     (c) The attorney general shall bring an action for any violation of this chapter. Any

distribution, or sale or conveyance of a tobacco product to a child under eighteen (18) twenty-one

(21) years of age via the United States Postal Service, or by any other public or private postal or

package delivery service, shall be subject to an action against the distributor, or seller or conveyor

by the attorney general of the state of Rhode Island. A minimum fine of one thousand dollars

($1,000) shall be assessed against any distributor, or seller or conveyor convicted of distributing,

or selling or conveying tobacco products via the United States postal service, or by any other

public or private postal or package delivery service, for each delivery, or sale or conveyance of a

tobacco product to a child under eighteen (18) twenty-one (21) years of age.

     (d) For the purpose of this section, "distribution," "distributing," "selling" and "sale" do

not include the acts of the United States Postal Service or other common carrier when engaged in

the business of transporting and delivering packages for others or the acts of a person, whether

compensated or not, who transports or delivers a package for another person without any reason

to know of the package's contents.

     (e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter

20.1 of title 44. The provisions of this section shall apply to each tobacco product listed in

subsection (b) herein, but shall not apply to any delivery sale of cigarettes.

     11-9-14. Use of tobacco by minors Use of tobacco by individuals under twenty-one

(21) years.

     No person under eighteen (18) twenty-one (21) years of age shall use or possess, when

such possession is clearly visible, tobacco in any public street, place, or resort, any tobacco and/or

electronic nicotine delivery system and/or liquid nicotine container in any form whatsoever. Any

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person under eighteen (18) twenty-one (21) years of age violating the provisions of this section

shall be required to perform up to thirty (30) hours of community service or shall be required to

enter into a tobacco treatment program, approved by any local substance abuse prevention task

force, at the option of a minor charged with a violation of this section.

     SECTION 2. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

adding thereto the following section:

     11-9-14.1. Compliance with Food and Drug Administration regulations.

     (a) The provisions of §§ 11-9-13, 11-9-13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-9-13.10,

11-9-13.11, and 11-9-14 shall be deemed and interpreted so as to be consistent and in compliance

with any regulations promulgated or updated by the United States Food and Drug Administration

or the Secretary of Health and Human Services to comply with the provisions of the Federal

Food, Drug, and Cosmetic Act, 21 U.S.C. 387f(d), in regard to prohibiting the sale of tobacco and

electronic nicotine-delivery system products to persons under the age of twenty-one (21) years.

In the event of any question as to the applicability with federal regulations, §§ 11-9-13, 11-9-

13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-9-13.10, 11-9-13.11, and 11-9-14 shall be deemed and

interpreted to conform with applicable federal requirements to obtain federal funding regarding

tobacco, the use and cessation of tobacco, and electronic nicotine-delivery system products.

     SECTION 3. 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 -- CHILDREN

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     This act would raise the legal age for persons to purchase or be sold or delivered certain

tobacco products, electronic nicotine delivery systems and liquid nicotine containers from

eighteen (18) years of age to twenty-one (21) years of age.

     This act would take effect upon passage.

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