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S.F. No. 463 - Raising the age for purchasing tobacco to 21 (First Engrossment)
 
Author: Senator Carla J. Nelson
 
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
 
Date: February 25, 2020



 

S.F. 463 increases the age of a person who is permitted to purchase tobacco, tobacco products, electronic delivery devices, and nicotine and lobelia delivery products from 18 to 21 years of age. This bill also makes a number of modifications to penalties and sales of tobacco, tobacco products, and electronic delivery products. It also prohibits the use of tobacco, tobacco products, and electronic delivery devices in charter schools and requires locations to place signs indicating that it is illegal for an individual under the age of 21 to purchase these products.

Section 1 (144.4165) prohibits inhaling or exhaling aerosol in a public or charter school and adds charter schools to the prohibition of the use of tobacco, or inhaling or exhaling aerosol or vapor from an electric delivery system in schools.

Section 2 (144.4167) specifies that the clean indoor air act does not prohibit the heating and activation of tobacco in a tobacco products shop and specifies that the definition of a tobacco products shop is an establishment that cannot be entered at any time by persons younger than 21 years of age and that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco related devises and electronic delivery devices.

Section 3 (171.171) changes the age in this section specifying that the license of a person who knowingly permits a person under the age of 21 to use a person’s license to purchase tobacco, a tobacco related device, an electronic delivery device or a nicotine or lobelia delivery product.

Section 4 (461.12, subdivision 2) modifies the administrative penalties for selling and furnishing tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 to a penalty of $300 for the first violation and $600 for the second violation at the same location within 36 months after the initial violation and for the third or any subsequent violation at the same location within 36 months an administration penalty of $1000 and the authority to sell tobacco at that location must be suspended for not more than seven days and may be revoked.

Section 5 (461.12, subdivision 3) specifies that an individual who sells, gives or otherwise furnishes tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 may be charged with an administrative penalty of $50.

Section 6 (461.12, subdivision 4) specifies that the licensing authority to consult with educators, parents, guardians, persons under the age of 21 and representatives of the court system to develop alternative penalties for persons under the age of 21 who purchase or attempt to purchase tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products using a driver’s license, permit, Minnesota identification card or any type of false identification to misrepresent the person’s age. Clarifies that the licensing authority must consider a variety of alternative civil penalties including tobacco free education, tobacco cessation programs, notice to schools and parents or guardians, community service and court diversion programs.

Section 7 (461.12, subdivision 5) states that compliance checks must involve persons at least 17 years of age but under the age of 21, with the written consent of the parent or guardian if the person is under the age of 18. Specifies that these age requirements do no affect the age requirements in federal law for persons participating in federally requierd compliance checks. Requires the licensing authority to report each violation found in retail compliance checks to the commissioner of human services within 30 days from the date of the inspection and specifies what must be contained in the report.

Section 8 (461.12, subdivision 6) changes the age in this section stating that it is an affirmative defense to the charges of selling tobacco to a person under the age of 21 if the person making the sale relied in good faith upon proof of age.

Section 9 (461.18) changes the language to conform to the age change in the sale of tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products. It also adds electronic delivery devices to the items that can be sold in a tobacco products store.

Section 10 (461.22) subdivision 1 requires all locations where tobacco, tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products are sold to display a sign in plain view that selling these products to any person under the age of 21 is illegal and subject to penalties. Specifies that the sign must also provide notice that all persons responsible for selling these products must verify the age of any person under the age of 30.

Subdivision 2 requires a retail seller of tobacco products to certify that a person seeking to but tobacco or a related item is at least 21 years of age.  Specifies that it is not a defense of a violation that a person looked 30 years of age or older.

Section 11 (609.685) adds the inhalation of aerosol to the definitions of tobacco related devices and electronic delivery device, and also adds to the definition of electronic delivery device that it includes devices that are manufactured, marketed, or sold as electric cigarettes, electronic cigars, electronic pipes, vape pens, modes, tank systems or any other product name or descriptor.  Changes the penalty from a misdemeanor to a petty misdemeanor for the first violation if a person gives or furnishes tobacco or related items to a person under the age of 21.  Changes the penalty from a misdemeanor to an alternative civil penalty.  Updates references and changes the term retailer to licensee.

Section 12 (609.6855) changes the penalty from a misdemeanor to a petty misdemeanor for the first violation of a person gives or furnishes a product containing or delivering nicotine or lobelia to a  person under the age of 21.  Permits a product containing or delivering nicotine or lobelia or any part of the product that is not tobacco or an electronic delivery device to be sole to a person under the age of 21 if the product is a drug, device or combination product authorized for sale by the FDA.  Also changes the penalty from a misdemeanor to an alternative civil penalty of a person under the age of 21 buys or attempts to buy a nicotine or lobelia delivery product.  Specifies that no penalty shall apply if a person under the age of 21 purchases or attempts to purchase these products while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.  Also, specifies alternative penalties  for persons under the age of 21 who violate this section.

 
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