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Regular Session, 2014
HOUSE BILL NO. 1264 (Substitute for House Bill No. 208 by Representative Hoffman)
BY REPRESENTATIVE HOFFMANN
REVENUE DEPARTMENT: Prohibits the sale of electronic cigarettes and vapor products
to persons under the age of eighteen
AN ACT1
To amend and reenact R.S. 14:91.6(A) and 91.8(B), (C), (D), (E), (F)(1) and2
(2)(introductory paragraph) and (c), and (H), R.S. 26:901, 902(1), 905(B), 909(A)(2),3
910, 910.1, 911(A)(introductory paragraph), (1) and (2), 917(A)(introductory4
paragraph) and (C), and 932(6), and R.S. 47:851(C)(2), and to enact R.S.5
14:91.6(B)(6) and (7) and 91.8(G)(6) and (7), relative to alternative nicotine products6
and vapor products; to prohibit the sale or other distribution of alternative nicotine7
products and vapor pens to persons under the age of eighteen years; to provide8
relative to definitions; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 14:91.6(A) and 91.8(B), (C), (D), (E), (F)(1) and (2)(introductory11
paragraph) and (c), and (H) are hereby amended and reenacted and R.S. 14:91.6(B)(6) and12
(7) and 91.8(G)(6) and (7) are hereby enacted to read as follows:13
§91.6. Unlawful distribution of sample tobacco products, alternative nicotine14
products, or vapor products to persons under age eighteen; penalty15
A. No person shall distribute or cause to be distributed to persons under16
eighteen years of age a promotional sample of any tobacco product , alternative17
nicotine product, or vapor product.18
B. For purposes of this Section, the following definitions apply: 19
* * *20
(6) "Alternative nicotine product" means any non-combustible product21
containing nicotine that is intended for human consumption, whether chewed,22 HLS 14RS-3119 REENGROSSED
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absorbed, dissolved, or ingested by any other means. "Alternative nicotine product"1
does not include any:2
(a) Tobacco product.3
(b) Vapor product.4
(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).5
(d) Device pursuant to 21 U.S.C. 321(h).6
(e) Combination product described in 21 U.S.C. 353(g).7
(7) "Vapor product" means any non-combustible product containing nicotine8
or other substances that employs a heating element, power source, electronic circuit,9
or other electronic, chemical or mechanical means, regardless of shape or size, that10
can be used to produce vapor from nicotine in a solution or other form. "Vapor11
product" includes any electronic cigarette, electronic cigar, electronic cigarillo,12
electronic pipe, or similar product or device and any vapor cartridge or other13
container of nicotine in a solution or other form that is intended to be used with or14
in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or15
similar product or device. "Vapor product" does not include any:16
(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).17
(b) Device pursuant to 21 U.S.C. 321(h).18
(c) Combination product described in 21 U.S.C. 353(g).19
* * *20
§91.8. Unlawful sale, purchase, or possession of tobacco, alternative nicotine21
products, or vapor products; signs required; penalties22
* * *23
B. It is the intent of the legislature that enforcement of this Section shall be24
implemented in an equitable manner throughout the state. For the purpose of25
equitable and uniform implementation and application of state and local laws and26
regulations, the provisions of this Section shall supersede existing or subsequently27
adopted local ordinances or regulations which relate to the sale, promotion, and28
distribution of tobacco products, alternative nicotine products, or vapor products.29 HLS 14RS-3119 REENGROSSED
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It is the intent of the legislature that this Section shall be equitably enforced so as to1
ensure the eligibility for and receipt of any federal funds or grants the state now2
receives or may receive relating to the provisions of this Section.3
C. It is unlawful for any manufacturer, distributor, retailer, or other person4
knowingly to sell or distribute any tobacco product, alternative nicotine product, or5
vapor product to a person under the age of eighteen. However, it shall not be6
unlawful for a person under the age of eighteen to accept receipt of a tobacco7
product, alternative nicotine product, or vapor product from an employer when8
required in the performance of such person's duties. At the point of purchase, a sign9
in type not less than 30-point type shall be displayed that reads "LOUISIANA LAW10
PROHIBITS THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE11
NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER AGE12
18".13
D. It is unlawful for a vending machine operator to place in use a vending14
machine to vend any tobacco product, alternative nicotine product, or vapor product15
automatically, unless the machine displays a sign or sticker in not less than 22-point16
type on the front of the machine stating, "LOUISIANA LAW PROHIBITS THE17
SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR18
VAPOR PRODUCTS TO PERSONS UNDER AGE 18", or words of similar19
meaning.20
E. It is unlawful for any person under the age of eighteen to buy any tobacco21
product, alternative nicotine product, or vapor product.22
F.(1) It is unlawful for any person under the age of eighteen to possess any23
tobacco product, alternative nicotine product, or vapor product.24
(2) However, it shall not be unlawful for a person under the age of eighteen25
to possess a tobacco product, alternative nicotine product, or vapor product under26
any of the following circumstances:27
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(c) When the tobacco product, alternative nicotine product, or vapor product1
is handled during the course and scope of his employment and required in the2
performance of such person's duties.3
G. For purposes of this Section, the following definitions apply:4
* * *5
(6) "Alternative nicotine product" means any non-combustible product6
containing nicotine that is intended for human consumption, whether chewed,7
absorbed, dissolved, or ingested by any other means. "Alternative nicotine product"8
does not include any:9
(a) Tobacco product.10
(b) Vapor product.11
(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).12
(d) Device pursuant to 21 U.S.C. 321(h).13
(e) Combination product described in 21 U.S.C. 353(g).14
(7) "Vapor product" means any non-combustible product containing nicotine15
or other substances that employs a heating element, power source, electronic circuit,16
or other electronic, chemical or mechanical means, regardless of shape or size, that17
can be used to produce vapor from nicotine in a solution or other form. "Vapor18
product" includes any electronic cigarette, electronic cigar, electronic cigarillo,19
electronic pipe, or similar product or device and any vapor cartridge or other20
container of nicotine in a solution or other form that is intended to be used with or21
in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or22
similar product or device. "Vapor product" does not include any:23
(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).24
(b) Device pursuant to 21 U.S.C. 321(h).25
(c) Combination product described in 21 U.S.C. 353(g).26
H.(1) A person who violates the provisions of this Section by selling or27
buying tobacco products, alternative nicotine products, or vapor products shall be28
fined not more than fifty dollars for the first violation. The penalties for subsequent29 HLS 14RS-3119 REENGROSSED
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violations shall be a fine of not more than one hundred dollars for the second1
violation, a fine of not more than two hundred fifty dollars for the third violation, and2
a fine of not more than four hundred dollars for any violation thereafter.3
(2) A person who violates the provisions of this Section by possessing4
tobacco products, alternative nicotine products, or vapor products shall be fined not5
more than fifty dollars for each violation.6
* * *7
Section 2. R.S. 26:901, 902(1), 905(B), 909(A)(2), 910, 910.1, 911(A)(introductory8
paragraph), (1) and (2), 917(A)(introductory paragraph) and (C), and 932(6), are hereby9
amended and reenacted to read as follows:10
§901. Definitions11
As used in this Chapter, the following terms have the meaning ascribed to12
them in this Section, unless the context clearly indicates otherwise:13
(1) "Alternative nicotine product" means any non-combustible product14
containing nicotine that is intended for human consumption, whether chewed,15
absorbed, dissolved, or ingested by any other means. "Alternative nicotine product"16
does not include any:17
(a) Tobacco product.18
(b) Vapor product.19
(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).20
(d) Device pursuant to 21 U.S.C. 321(h).21
(e) Combination product described in 21 U.S.C. 353(g).22
(2) "Brand family" has the meaning as set forth in R.S. 13:5072(1).23
(2)(3) "Cigar" includes any roll of tobacco for smoking, irrespective of size24
or shape, and irrespective of the tobacco being flavored, adulterated, or mixed with25
any other ingredients, where such roll has a wrapper made chiefly of tobacco.26
(3)(4) "Cigarette" includes any roll for smoking made wholly or in part of27
tobacco, irrespective of size or shape and irrespective of the tobacco being flavored,28
adulterated, or mixed with any other ingredient, where such roll has a wrapper or29 HLS 14RS-3119 REENGROSSED
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cover made of paper, or any other material except where such wrapper is wholly or1
in greater part made of tobacco.2
(4)(5) "Commissioner" means the commissioner of alcohol and tobacco3
control.4
(5)(6) "Dealer" includes every person who manufactures or purchases cigars,5
cigarettes, or other tobacco products for distribution or resale in this state. The term6
also means any person who imports cigars, cigarettes, or other tobacco products from7
any state or foreign country for distribution, sale, or consumption in this state.8
(6)(7) "Exporter license" means the stamping agent designation as set forth9
in R.S. 26:902(5)(b) 26:902(2).10
(7)(8) "Facility" means a part or portion of an establishment which is11
designed so as to impede a minor's access to a vending machine by walls or other12
separation in combination with signs designed to notify the public that persons under13
the age of eighteen are prohibited from the area.14
(8)(9) A "knowing violation or failure" is a knowing or intentional engaging15
in conduct without a good faith belief that the conduct was consistent with the16
provisions of this Chapter.17
(9)(10) "Manufacturer" means anyone engaged in the manufacture,18
production, or foreign importation of tobacco products who sells to wholesalers.19
(10)(11) "Person" means any natural person, trustee, company, partnership,20
corporation, or other legal entity.21
(11)(12) "Place of business" means the place where the tobacco orders,22
alternative nicotine products orders, or vapor products orders are received, or where23
the taxable tobacco articles are sold, or if sold by a retail dealer upon a railroad train24
or on or from any other vehicle, the vehicle on which or from which the taxable25
articles or alternative nicotine products or vapor products are sold by the retail26
dealer. It also includes the establishment where vending machines are located.27 HLS 14RS-3119 REENGROSSED
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(12)(13) "Purchase" means acquisition in any manner, for any consideration.1
The term shall include transporting or receiving product in connection with a2
purchase.3
(13)(14) "Retail dealer" includes every dealer other than a wholesale dealer,4
or manufacturer who sells or offers for sale cigars, cigarettes, or other tobacco5
products, alternative nicotine products, or vapor products, irrespective of quantity or6
the number of sales.7
(14)(15) "Sale" or "sell" means any transfer, exchange, or barter in any8
manner or by any means for any consideration. The term shall include distributing9
or shipping product in connection with a sale. References to a sale "in" or "into" a10
state refer to the state of the destination point of the product in the sale, without11
regard to where title was transferred. References to sale "from" a state refer to the12
sale of cigarettes that are located in that state to the destination in question without13
regard to where title was transferred.14
(15)(16) "Sales entity affiliate" means an entity that sells cigarettes that it15
acquires directly from a manufacturer or importer and is affiliated with that16
manufacturer or importer as established by documentation received directly from17
that manufacturer or importer to the satisfaction of the attorney general. Entities are18
affiliated with each other if one, directly or indirectly through one or more19
intermediaries, controls or is controlled by or is under common control with the20
other.21
(16)(17) "Secretary" means the secretary of the Department of Revenue and22
includes any of his duly authorized assistants.23
(17)(18) "Self-service display" means any display that contains tobacco24
products, alternative nicotine products, or vapor products, and is located in an area25
openly accessible to the retail dealer's customers and from which such customers can26
readily access tobacco products, alternative nicotine products, or vapor products27
without the assistance of a salesperson. A display case that holds tobacco products,28 HLS 14RS-3119 REENGROSSED
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alternative nicotine products, or vapor products behind locked doors does not1
constitute a self-service display for purposes of this Chapter.2
(18)(19) "Smokeless tobacco" means any finely cut, ground, powdered, or3
leaf tobacco that is intended to be placed in the oral or nasal cavity.4
(19)(20) "Smoking tobacco" includes granulated, plug cut, crimp cut, ready5
rubbed, and any other kind and form of tobacco prepared in such manner as to be6
suitable for smoking in pipe or cigarette.7
(20)(21) "Stamp" means the impression, device, stamp, label, or print8
manufactured or printed as prescribed by the secretary by the use of which the tax9
levied hereunder is paid. By way of extension, and not limitation, the term "stamp"10
means any impression or character affixed to or which shall be stamped upon11
commodities by metered stamping machine or device by use of which the tax levied12
hereunder is paid.13
(21)(22) "Stamping agent" means a dealer that is authorized to affix tax14
stamps to packages or other containers of cigarettes under R.S. 47:843 et seq. or any15
dealer that is required to pay the excise tax or tobacco tax imposed pursuant to R.S.16
47:841 et seq. on cigarettes.17
(22)(23) "State directory" or "directory" means the directory compiled by the18
attorney general under R.S. 13:5073, or, in the case of reference to another state's19
directory, the directory compiled under the similar law in that other state.20
(23)(24) "Tobacconist" means any bona fide tobacco retailer engaged in21
receiving bulk smoking tobacco for the purpose of blending such tobacco for retail22
sale at a particular retail outlet where fifty percent or more of the total purchases for23
the preceding twelve months were purchases of tobacco products, excluding24
cigarettes.25
(24)(25) "Tobacco product" means any cigar, cigarette, smokeless tobacco,26
or smoking tobacco.27
(26) "Vapor product" means any non-combustible product containing28
nicotine or other substances that employs a heating element, power source, electronic29 HLS 14RS-3119 REENGROSSED
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circuit, or other electronic, chemical or mechanical means, regardless of shape or1
size, that can be used to produce vapor from nicotine in a solution or other form.2
"Vapor product" includes any electronic cigarette, electronic cigar, electronic3
cigarillo, electronic pipe, or similar product or device and any vapor cartridge or4
other container of nicotine in a solution or other form that is intended to be used with5
or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or6
similar product or device. "Vapor product" does not include any:7
(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).8
(b) Device pursuant to 21 U.S.C. 321(h).9
(c) Combination product described in 21 U.S.C. 353(g).10
(25)(27) "Vending machine" means any mechanical, electric, or electronic11
self-service device which, upon insertion of money, tokens, or any other form of12
payment, automatically dispenses tobacco products, alternative nicotine products, or13
vapor products.14
(26)(28) "Vending machine operator" means any person who controls the use15
of one or more vending machines as to the supply of cigarettes or any tobacco16
products in the machine or the receipts from cigarettes vended through such17
machines.18
(27)(29) "Wholesale dealer" means a dealer whose principal business is that19
of a wholesaler, who sells cigarettes, cigars, or other tobacco products to retail20
dealers for purpose of resale, who is a bona fide wholesaler, and fifty percent of21
whose total tobacco sales are to retail stores other than its own or its subsidiaries22
within Louisiana. Wholesale dealer shall include any person in the state who23
acquires cigarettes solely for the purpose of resale in vending machines, provided24
such person services fifty or more cigarette vending machines in Louisiana other25
than his own, and a Louisiana dealer who was affixing cigarette and tobacco stamps26
as of January 1, 1974.27 HLS 14RS-3119 REENGROSSED
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§902. Permits1
The commissioner shall issue as authorized by this Section the following2
types of permits and shall adopt rules and regulations that specify the identifying3
information that is required to appear on the face of each type of permit:4
(1) Retail Dealer Permit. A retail dealer permit shall be issued to a dealer5
other than a wholesale dealer or vending machine operator for each retail outlet6
where cigars, cigarettes, or other tobacco products, alternative nicotine products, or7
vapor products are offered for sale either over the counter or by vending machine.8
* * *9
§905. Renewal of a permit10
* * *11
B. If a dealer fails to file an application and pay the permit fees by the date12
established by the commissioner, there shall be added to the fee, in addition to other13
penalties provided in this Chapter, a delinquency penalty of twenty-five percent if14
the failure is not more than thirty days, with an additional twenty-five percent for15
each additional thirty days or fraction thereof during which the failure continues. If16
the dealer fails to make his application by the date established by the commissioner,17
the commissioner may, without notice or hearing, suspend his right to possess or sell18
tobacco products, alternative nicotine products, and vapor products.19
* * *20
§909. General requirements of eligibility21
A. The commissioner may suspend a permit previously issued or may refuse22
to grant a permit if, after a hearing and by a preponderance of the evidence, it is23
proven that the permittee, or an employee or agent thereof, or applicant either:24
* * *25
(2) Has violated the terms and provisions of R.S. 14:91.6 relative to the26
unlawful distribution of tobacco products, alternative nicotine products, or vapor27
products.28
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§910. Vending machines1
In order to prevent persons under eighteen years of age from purchasing or2
receiving tobacco products, alternative nicotine products, or vapor products from3
vending machines, the sale or delivery of tobacco such products through a vending4
machine is prohibited unless either:5
(1) The machine is located in an establishment to which persons under the6
age of eighteen are denied access.7
(2) The machine is located in facilities where the dealer ensures that no8
person younger than eighteen years of age is present or permitted to enter at any9
time, and the machine is located within the unobstructed line of sight of a dealer or10
a dealer's agent or employee who is responsible for preventing persons younger than11
eighteen years of age from purchasing tobacco products, alternative nicotine12
products, or vapor products through that machine.13
§910.1. Self-service displays14
A. In order to prevent persons under eighteen years of age from purchasing15
or receiving tobacco products, alternative nicotine products, or vapor products from16
self-service displays, the sale or delivery of tobacco such products through a self-17
service display is prohibited unless the machine is a vending machine as defined in18
R.S. 26:910 that complies with the terms and provisions of R.S. 26:910 that Section.19
B.(1) The provisions of this Section shall not apply to a tobacconist at a20
particular outlet or a retail tobacco business.21
(2) "Retail tobacco business" for purposes of this Section means a bona fide22
retail dealer engaged in the sale of tobacco products and accessories for retail sale23
where fifty percent or more of the total sales for the preceding twelve months,24
excluding fuel sales, were tobacco products, including cigarettes, alternative nicotine25
products, or vapor products.26
(3) "Tobacconist at a particular outlet" for purposes of this Section means27
a bona fide retail dealer engaged in receiving bulk smoking tobacco for the purpose28
of blending such tobacco for retail sale at a particular retail outlet where fifty percent29 HLS 14RS-3119 REENGROSSED
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or more of the total purchases for the preceding twelve months were purchases of1
tobacco products, excluding cigarettes, alternative nicotine products, or vapor2
products.3
§911. Acts prohibited4
A. No person, agent, associate, employee, representative, or servant of any5
person shall permit any of the following acts to be done on or about any premises6
which sells or offers for sale tobacco products, alternative nicotine products, or vapor7
products:8
(1) Sell or serve tobacco products, alternative nicotine products, or vapor9
products over-the-counter in a retail establishment to any person under the age of10
eighteen unless such person submits a driver's license, selective service card, or other11
lawful identification which on its face establishes the age of the person as eighteen12
years or older and there is no reason to doubt the authenticity or correctness of the13
identification.14
(2) Violate the terms and provisions of R.S. 14:91.6 relative to the unlawful15
distribution of tobacco products, alternative nicotine products, or vapor products.16
* * *17
§917. Violations by employee; employer liability18
A. Sale of tobacco products, alternative nicotine products, or vapor products19
to a minor by a retail dealer's agent, associate, employee, representative, or servant20
shall be considered an act of the retail dealer for purposes of suspension, revocation,21
or assessment of civil penalties unless all of the following conditions exist:22
* * *23
C. The provisions of Subsection A of this Section shall not apply if a retail24
dealer, or lawful retailer of alternative nicotine products or vapor products, as25
applicable, within one hundred eighty days from the hiring of an agent, associate,26
employee, representative, or servant can prove that he has made application to have27
the employee attend a training program or the retail dealer or lawful retailer, as28 HLS 14RS-3119 REENGROSSED
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applicable, has received an extension of time in which to comply from the1
commissioner because of unavailability of a training program.2
* * *3
§932. Definitions4
For purposes of this Chapter, the following terms have the respective5
meanings ascribed to them in this Chapter, unless a different meaning clearly appears6
from the context:7
* * *8
(6) "Server" means any employee of a vendor, other than security personnel,9
who is authorized to sell or serve alcoholic beverages, or tobacco products,10
alternative nicotine products, or vapor products in the normal course of his or her11
employment or deals with customers who purchase or consume alcoholic beverages12
or tobacco products. "Server" shall not include individuals employed on a temporary13
or casual basis by a bona fide hotel or motel for banquets, catering, or other special14
events.15
* * *16
Section 3. R.S. 47:851(C)(2) is hereby amended and reenacted to read as follows:17
§851. Dealers receiving unstamped and/or nontax paid cigarettes, cigars, and18
smoking tobaccos required to file monthly reports and maintain records;19
vending machine restrictions20
* * *21
C.22
* * *23
(2) In accordance with state law prohibiting minors from purchasing tobacco24
products R.S. 14:91.8(D), vending machine operators shall affix a sticker in a25
prominent place on each machine, in print not smaller than twenty-two point, sign26
or sticker in not less than 22-point type on the front of each machine stating,27
"Louisiana Law Prohibits the Purchase of Tobacco Products by Anyone Under Age28
17" "LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS,29 HLS 14RS-3119 REENGROSSED
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ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO1
PERSONS UNDER AGE 18".2
* * *3
Section 4. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HB No. 1264
Abstract: Prohibits the sale of electronic cigarettes and vapor products to persons under the
age of eighteen.
Present law prohibits the distribution of sample tobacco products to persons under the age
of 18 years.
Proposed law retains present law and adds alternative nicotine products to the present law
prohibition.
Proposed law defines "alternative nicotine product" as any non-combustible product
containing nicotine that is intended for human consumption, whether chewed, absorbed,
dissolved, or ingested by any other means, but does not include any:
(1)Tobacco product.
(2)Vapor product.
(3)Product that is a drug pursuant to federal law (21 U.S.C. 321(g)(1)).
(4)Device pursuant to federal law (21 U.S.C. 321(h)).
(5)Combination product described in federal law (21 U.S.C. 353(g)).
Proposed law defines "vapor product" as any non-combustible product containing nicotine
or other substances 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. Proposed law further provides that
"vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product or device and 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.
Proposed law provides that "vapor product" does not include any: HLS 14RS-3119 REENGROSSED
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(1)Product that is a drug pursuant to federal law (21 U.S.C. 321(g)(1)).
(2)Device pursuant to federal law (21 U.S.C. 321(h)).
(3)Combination product described in federal law (21 U.S.C. 353(g)).
Present law prohibits the sale of tobacco to or the purchase or possession of tobacco by any
person under the age of 18 years.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the present law prohibition.
Present law provides that, in order to prevent persons under 18 years of age from purchasing
or receiving tobacco products from vending machines, the sale or delivery of tobacco
products through a vending machine is prohibited unless either:
(1)The machine is located in an establishment to which persons under the age of 18 are
denied access.
(2)The machine is located in facilities where the dealer ensures that no person younger
than 18 years of age is present or permitted to enter at any time, and the machine is
located within the unobstructed line of sight of a dealer or a dealer's agent or
employee who is responsible for preventing persons younger than 18 years of age
from purchasing tobacco products through that machine.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law provides that, in order to prevent persons under 18 years of age from purchasing
or receiving tobacco products from self-service displays, the sale or delivery of tobacco
products through a self-service display is prohibited unless the machine is a vending
machine that complies with the terms and provisions of present law.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law provides relative to retail dealer permits and the renewal of retail dealer permits
for the sale of cigars, cigarettes, and other tobacco products that are offered for sale either
over the counter or by vending machine.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law provides relative to the sale of tobacco products through vending machines and
self-service displays.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law defines "retail tobacco business" as a bona fide retail dealer engaged in the sale
of tobacco products and accessories for retail sale where fifty percent or more of the total
sales for the preceding 12 months, excluding fuel sales, were tobacco products, including
cigarettes.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the definition of retail tobacco business. HLS 14RS-3119 REENGROSSED
HB NO. 1264
Page 16 of 16
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law defines "tobacconist at a particular outlet" as a bona fide retail dealer engaged
in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale
at a particular retail outlet where fifty percent or more of the total purchases for the
preceding 12 months were purchases of tobacco products, excluding cigarettes.
Proposed law retains present law and also excludes alternative nicotine products and vapor
products from the definition of "tobacconist at a particular outlet".
Present law prohibits any person, agent, associate, employee, representative, or servant of
any person from selling or serving tobacco products over-the-counter in a retail
establishment to any person under the age of 18 years unless such person submits a driver's
license, selective service card, or other lawful identification that on its face establishes the
age of the person as 18 years or older and there is no reason to doubt the authenticity or
correctness of the identification. Present law further prohibits such persons from violating
present law relative to the unlawful distribution of tobacco products to minors.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law provides that the sale of tobacco products to a minor by a retail dealer's agent,
associate, employee, representative, or servant is considered an act of the retail dealer except
under certain circumstances.
Proposed law retains present law and adds the sale of alternative nicotine products and vapor
products to the coverage of present law.
Present law provides that "server" means any employee of a vendor, other than security
personnel, who is authorized to sell or serve alcoholic beverages or tobacco products in the
normal course of his or her employment or deals with customers who purchase or consume
alcoholic beverages or tobacco products.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the definition of "server".
Present law provides relative to dealers receiving unstamped and/or nontax paid cigarettes,
cigars, and smoking tobaccos required to file monthly reports and maintain records. Present
law further provides that vending machine operators must affix a sticker in a prominent place
on each machine, in print not smaller than twenty-two point, stating that "Louisiana Law
Prohibits the Purchase of Tobacco Products by Anyone Under Age 17".
Proposed law adds alternative nicotine products and vapor products to the coverage of
present law and changes the age to be stated in the sticker from 17 years to 18 years.
Proposed law otherwise retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S.14:91.6(A) and 91.8(B),(C),(D), (E), (F)(1) and (2)(intro. para.) and (c), and
(H), R.S. 26:901, 902(1), 905(B), 909(A)(2), 910, 910.1, 911(A)(intro. para.), (1) and (2),
917(A)(intro. para.) and (C), and 932(6), and R.S. 47:851(C)(2); Adds R.S. 14:91.6(B)(6)
and (7)and 91.8(G)(6) and (7))