2020 -- S 2537

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LC004488

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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: Senators Coyne, Ruggerio, Lombardo, Gallo, and Sosnowski

     Date Introduced: February 25, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-9-13, 11-9-13.4, 11-9-13.5, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-

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9-13.10, 11-9-13.11, and 11-9-13.13 of the General Laws in Chapter 11-9 entitled "Children" are

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hereby amended to read as follows:

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

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Posting notice of law. Purchase, sale or delivery of tobacco products to persons under twenty-

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one -- Posting notice of law.

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

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

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tobacco in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as

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

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size or composition, cigarillos and tiparillos, pipe tobacco, chewing tobacco, electronic nicotine-

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

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

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tobacco products are sold, including sales through cigarette vending machines, shall post notice of

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this law conspicuously in the place of business in letters at least three-eighths of an inch (3/8")

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high.

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     11-9-13.4. Definitions.

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     As used in this chapter:

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

 

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

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Health that is similar in appearance or characteristics to the temburni or tender leaf, and (ii) does

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not contain a smoke filtering device.

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

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

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     (4) "Department of behavioral healthcare, developmental disabilities and hospitals " means

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the state of Rhode Island behavioral healthcare, developmental disabilities and hospitals

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department, its employees, agents or assigns.

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

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employees, agents, or assigns.

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

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"electronic nicotine-delivery system license."

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

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"electronic nicotine-delivery system license."

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

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retail dealer to sell tobacco products within the state.

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

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at retail.

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

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retail as issued by the department of taxation.

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

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tobacco, pouch tobacco, or smokeless tobacco.

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     (12) "Tobacco product(s)" means any product containing tobacco, including bidi cigarettes,

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

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smoking, sniffing, chewing, or spitting of the product. any product made or derived from tobacco

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that is intended for human consumption, including any component, part, or accessory of a tobacco

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product (except for raw materials other than tobacco used in manufacturing a component, part, or

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accessory of a tobacco product). "Tobacco product(s)" also means electronic nicotine-delivery

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systems and liquids used in electronic nicotine-delivery systems, whether or not they contain

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nicotine. "Tobacco product(s)" does not include drugs, devices, or combination products authorized

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for sale by the United States Food and Drug Administration as those terms are defined in the Federal

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Food, Drug and Cosmetic Act.

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

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

 

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

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

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

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

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wrapper is wholly or in greater part made of tobacco and such roll weighs over three (3) pounds

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per thousand (1,000).

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     (15) "Electronic nicotine-delivery system" means an electronic device that may be used to

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

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

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

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of such device.

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     11-9-13.5. Responsibility for tobacco or health issues.

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     The Rhode Island department of behavioral healthcare, developmental disabilities and

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hospitals shall develop, monitor and aggressively enforce health rules and regulations pertaining to

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stopping the illegal sale of tobacco products and electronic nicotine-delivery systems to children

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persons under twenty-one (21).

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

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disabilities and hospitals.

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

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

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

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on issues pertaining to stopping children's persons under twenty-one (21) access to tobacco

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products and electronic nicotine-delivery system dealers systems.

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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guardian for persons under eighteen (18) years of age, may purchase, with impunity from

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prosecution, tobacco products and electronic nicotine-delivery system for the purposes of law

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enforcement or government research involving monitoring compliance with this chapter, provided

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that the underage individuals are supervised by an adult law enforcement official. Any individual

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participating in an unannounced compliance check of over-the-counter or vending machine sales,

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must state his or her accurate age if asked by the sales representative of the retail establishment

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being checked.

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

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department of behavioral healthcare, developmental disabilities and hospitals shall maintain

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

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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-

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

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

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

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disabilities and hospitals shall report to the owner of each retail establishment checked or mail-

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

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

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systems vending machine sale, and if a citation was issued for any violation found.

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

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detailed in this chapter.

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

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relating to this chapter.

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

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

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     Signs provided by the department of behavioral healthcare, developmental disabilities and

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

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

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background the following wording in both English and Spanish:

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THE SALE OF CIGARETTES, TOBACCO AND ELECTRONIC NICOTINE-DELIVERY

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SYSTEM PRODUCTS TO PERSONS UNDER THE AGE OF 18 21 IS AGAINST RHODE

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ISLAND LAW (§ 11-9-13.8(1), Rhode Island Statutes) PHOTO ID FOR PROOF OF AGE IS

 

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REQUIRED FOR PURCHASE.

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

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

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

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developmental disabilities and hospitals.

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     (3) Be displayed prominently for public view, wherever tobacco products or electronic

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nicotine-delivery systems are sold at each cash register, each tobacco and/or electronic nicotine-

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delivery systems vending machine, or any other place from which tobacco products or electronic

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nicotine-delivery systems are sold. The signs shall be electronically available in both English and

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Spanish online at the department of behavioral healthcare, developmental disabilities and hospitals'

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website.

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

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

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

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and/or electronic nicotine-delivery system product:

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

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

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

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known as "loosies."

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

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

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

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

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

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

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

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

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Island police department, or their officers or agents, shall bring an action for any violation of this

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section. Every separate, free tobacco product or electronic nicotine-delivery system or coupon or

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voucher redeemable for a free tobacco or electronic nicotine-delivery system or product in violation

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of this section shall constitute a separate offense subject to a fine of five hundred dollars ($500).

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The penalty shall be assessed against the business or individual responsible for initiating the Rhode

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

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

 

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

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

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

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products through the mail -- Conveyance of tobacco products through the mail to persons

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

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     (a) The distribution, or sale or conveyance of tobacco products or electronic nicotine-

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delivery systems to children persons under the age of eighteen (18) twenty-one (21) via the United

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States Postal Service, or by any other public or private postal or package delivery service, shall be

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prohibited.

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

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chewing tobacco, or snuff, or electronic nicotine-delivery systems directly to a consumer via the

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United States Postal Service, or by any other public or private postal or package delivery service,

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including orders placed by mail, telephone, facsimile, or internet, shall: (1) before distributing or

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selling the tobacco product or electronic nicotine-delivery system through any of these means,

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receive both a copy of a valid form of government identification showing date of birth to verify the

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purchaser is age eighteen (18) twenty-one (21) years or over and an attestation from the purchaser

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certifying that the information on the government identification truly and correctly identifies the

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purchaser and the purchaser's current address, and (2) deliver the tobacco product or electronic

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nicotine-delivery system to the address of the purchaser given on the valid form of government

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

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

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signature of an adult a person the age of twenty-one (21) or over at the purchaser's address to deliver

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the package.

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

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distribution, or sale or conveyance of a tobacco product or electronic nicotine-delivery system to a

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child person under eighteen (18) twenty-one (21) years of age via the United States Postal Service,

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or by any other public or private postal or package delivery service, shall be subject to an action

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against the distributor, or seller or conveyor by the attorney general of the state of Rhode Island. A

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minimum fine of one thousand dollars ($1,000) shall be assessed against any distributor, or seller

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or conveyor convicted of distributing, or selling or conveying tobacco products or electronic

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nicotine-delivery systems via the United States postal service, or by any other public or private

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postal or package delivery service, for each delivery, or sale or conveyance of a tobacco product or

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electronic nicotine-delivery system to a child person under eighteen (18) twenty-one (21) years of

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age.

 

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     (d) For the purpose of this section, "distribution," "distributing," "selling" and "sale" do not

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include the acts of the United States Postal Service or other common carrier when engaged in the

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

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

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know of the package's contents.

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     (e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter 20.1

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

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(b) herein or electronic nicotine-delivery systems, but shall not apply to any delivery sale of

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cigarettes.

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     11-9-13.13. Nature and size of penalties.

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     (a) Any person or individual license holder who violates a requirement of §§ 11-9-13.6(2)

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or 11-9-13.7, display of specific signage, shall be subject to a fine in court of not less than thirty-

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five dollars ($35.00), nor more than five hundred dollars ($500), per civil violation.

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     (b) The license holder is responsible for all violations of this section that occur at the

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location for which the license is issued. Any license holder who or that violates the prohibition of

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§ 11-9-13.8(1) and/or (2) or § 11-9-13.20 shall be subject to civil fines as follows:

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     (1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six-

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month (36) period;

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     (2) A fine of five hundred dollars ($500) for the second violation within any thirty-six-

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month (36) period;

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     (3) A fine of one thousand dollars ($1,000) and a fourteen-day (14) suspension of the

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license to sell tobacco products or electronic nicotine-delivery systems for the third violation within

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any thirty-six-month (36) period;

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     (4) A fine of one thousand five hundred dollars ($1,500) and a ninety-day (90) suspension

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of the license to sell tobacco products or electronic nicotine-delivery systems for each violation in

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excess of three (3).

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     (c) Any person who or that violates a prohibition of § 11-9-13.8(3), sale of single cigarettes;

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or § 11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a penalty of five hundred

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dollars ($500) for each violation.

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     (d) The department of taxation and/or the department of health shall not issue a license to

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any individual, business, firm, association, or corporation, the license of which has been revoked

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or suspended; to any corporation, an officer of which has had his or her license revoked or

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suspended; or to any individual who is, or has been, an officer of a corporation the license of which

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has been revoked or suspended so long as such revocations or suspensions are in effect.

 

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     (e) The court shall may suspend the imposition of a license suspension of the license

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secured from the Rhode Island tax administrator or department of health for a violation of

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subsections (b)(3) and (b)(4) of this section if the court finds that the license holder has taken

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measures to prevent the sale of tobacco products and/or electronic nicotine-delivery systems to

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minors an underage person and the license holder can demonstrate to the court that those measures

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have been taken and that employees have received training. No person shall sell tobacco products

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and/or electronic nicotine-delivery system products at retail without first being trained in the legal

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sale of tobacco and/or electronic nicotine-delivery system products systems. Training shall teach

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employees what constitutes a tobacco product and/or electronic nicotine-delivery system product;

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legal age of purchase sale; acceptable identification; how to refuse a direct sale to a minor an

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underage person or secondary sale to an adult a person twenty-one (21) years or older; and all

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applicable laws on tobacco sales and distribution. Dealers shall maintain records indicating that the

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provisions of this section were reviewed with all employees who conduct, or will conduct, tobacco

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product and/or electronic nicotine-delivery systems sales. Each employee who sells or will sell

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tobacco products and/or electronic nicotine-delivery system products shall sign an

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acknowledgement form attesting that the provisions of this section were reviewed with him or her.

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Each form shall be maintained by the retailer for as long as the employee is so employed and for

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no less than one year after termination of employment. The measures to prevent the sale of tobacco

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products and/or electronic nicotine-delivery systems to minors underage persons shall be defined

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by the department of behavioral healthcare, developmental disabilities and hospitals in rules and

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regulations.

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

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adding thereto the following section:

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

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     (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,

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

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

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

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

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

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the event of any question as to the applicability with federal regulations, §§ 11-9-13, 11-9-13.4, 11-

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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

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to conform with applicable federal requirements to obtain federal funding regarding tobacco, the

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

 

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     SECTION 3. Section 11-9-14 of the General Laws in Chapter 11-9 entitled "Children" is

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hereby repealed.

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     11-9-14. Use of tobacco by minors.

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     No person under eighteen (18) years of age shall use or possess, when such possession is

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clearly visible, tobacco in any public street, place, or resort, any tobacco and/or electronic nicotine

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delivery system in any form whatsoever. Any person under eighteen (18) years of age violating the

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provisions of this section shall be required to perform up to thirty (30) hours of community service

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or shall be required to enter into a tobacco treatment program, approved by any local substance

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

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     SECTION 4. This act shall take effect upon passage.

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LC004488

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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

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

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

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     This act would take effect upon passage.

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