Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Alexis C. Stangl
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 2027 - E-Cigarettes
 
Author: Senator Kathy Sheran
 
Prepared By:
 
Date: March 6, 2014



 

SF 2027 creates regulations for tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products.

Section 1 (144.414, subd. 4) modifies the definition of “smoking” for purposes of the Clean Indoor Air Act to include inhaling or exhaling vapor from any heated cigar, cigarette, or pipe, or any other heated tobacco or plant product or electronic delivery device.  The definition is also modified to include holding a heated cigar, cigarette, pipe or electronic delivery device intended for inhalation.

Section 2 (144.4165) prohibits inhaling or exhaling vapor from an electronic delivery device in a public school.

Section 3 (461.12) modifies municipal license requirements of tobacco, tobacco-related devices, and similar products.

Subdivision 1 authorizes a town board or governing body of a home rule charter, statutory city, county board and the state agricultural society to license and regulate the retail sales of electronic delivery devices and nicotine and lobelia delivery products.

Subdivision 2 applies the existing administrative penalties to a licensee or an employee of a licensee who sells electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 18.

Subdivision 3 applies the existing administrative penalties to individuals who sell electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 18.

Subdivision 4 requires  a licensing authority to consult with interested educators, parents, children, and representatives or the court system to develop alternative penalties for minors who purchase or possess electronic delivery devices, or nicotine or lobelia delivery products.

Subdivision 5 requires the licensing authorities to conduct unannounced compliance checks at each location where tobacco- related devices, electronic delivery devices, or nicotine or lobelia delivery products are sold.

Subdivision 6 extends the affirmative defense that the licensee or individual making a sale to someone under the age of 18 relied in good faith upon proof of age to the charge of selling electronic delivery devices, or nicotine or lobelia delivery products to someone under the age of 18.

Section 4 (461.18) modifies the ban of self-service sales.

Subdivision 1 prohibits a person from offering for sale electronic delivery devices or nicotine or lobelia delivery products in open displays which are accessible to the public without the intervention of a store employee unless the store receives at least 90 percent of their revenue from tobacco and tobacco-related devices and the retailer ensures that no person under the age of 18 is present or permitted to enter at any time.

Subdivision 2 prohibits a person from selling electronic delivery devices, or nicotine or lobelia delivery products from a vending machine, unless the vending machine is in a facility that cannot be entered at any time by a person under the age of 18.

Section 5 (461.19) permits a local ordinance to provide more restrictive regulation of sales of tobacco-related devices, electronic delivery devices, and nicotine and lobelia products.

Section 6 (609.685) amends the criminal code provision addressing the sale of tobacco to children.

Subdivision 1 includes in the definition of “tobacco-related devices” other devices intentionally designed or intended to be used in a manner that enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.  Also includes in the definition of ”electronic delivery devices” any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product.

Subdivision 1a extends the applicable penalty to anyone who sells tobacco-related devices or electronic delivery devices to a person under the age of 18.

Subdivision 2 extends the applicable penalty for the first violation and subsequent violations to anyone who furnishes electronic delivery devices to a person who is under the age of 18, and to a person under the age of 18 who uses a driver’s license or any other type of false identification that misrepresents the person’s age to purchase or attempt to purchase electronic delivery devices.

Subdivision 3 extends the penalty for possession to include the possession of tobacco-related devices or electronic delivery devices.

Subdivision 5 specifics that the penalties do not apply to a person who is under the age of 18 who purchases electronic delivery devices while under the direct supervision of an adult for training, education, research, or enforcement purposes.

Section 7 (609.6855) amends the criminal code provision addressing the sale of nicotine delivery products to children. Excludes electronic delivery devices, which are addressed in section 6.

KC:dv

 

 

 

 

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 03/06/2014
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn