Louisiana 2014 2014 Regular Session

Louisiana House Bill HB835 Introduced / Bill

                    HLS 14RS-1342	ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 835
BY REPRESENTATIVE HARRIS
CRIME:  Provides for alternative nicotine products and vapor products
AN ACT1
To amend and reenact R.S. 14:91.6(A) and (B)(1) and 91.8(B), (C), (D), (E), (F), (G)(1), and2
(H), R.S. 17:240(A) and (B)(1), R.S. 26:901, 909(A)(2), 910, 910.1, 911(A)(1) and3
(2), and 917(A) and (C), and R.S. 47:851(C)(2) and to enact R.S. 14:91.6(B)(6) and4
(7) and 91.8(G)(6) and (7), relative to alternative nicotine products and vapor5
products; to prohibit the sale, purchase, or possession of alternative nicotine products6
and vapor products by minors; to prohibit the placement of alternative nicotine7
products and vapor products in vending machines in certain circumstances; to8
provide for definitions; to provide for the applicability of criminal penalties; to9
provide for an effective date; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1.  R.S. 14:91.6(A) and (B)(1) and 91.8 are hereby amended and reenacted12
and R.S. 14:91.6(B)(6) and (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; penalty 15
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 HLS 14RS-1342	ORIGINAL
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(1) "Tobacco product" means any cigar, cigarette, smokeless tobacco, or1
smoking tobacco.  "Tobacco product" does not include any alternative nicotine2
product, vapor product, or product regulated as a drug or device by the United States3
Food and Drug Administration under Chapter V of the Federal Food, Drug, and4
Cosmetic Act.5
*          *          *6
(6) "Alternative nicotine product" means any non-combustible product7
containing nicotine that is intended for human consumption, whether chewed,8
absorbed, dissolved, or ingested by any other means. "Alternative nicotine product"9
does not include any tobacco product, vapor product, or any product regulated as a10
drug or device by the United States Food and Drug Administration under Chapter V11
of the Federal Food, Drug, and Cosmetic Act.12
(7) "Vapor product" means any non-combustible product containing nicotine13
that employs a heating element, power source, electronic circuit, or other electronic,14
chemical or mechanical means, regardless of shape or size, that can be used to15
produce vapor from nicotine in a solution or other form. "Vapor product" includes16
any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or17
similar product or device and any vapor cartridge or other container of nicotine in18
a solution or other form that is intended to be used with or in an electronic cigarette,19
electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.20
"Vapor product" does not include any product regulated as a drug or device by the21
United States Food and Drug Administration under Chapter V of the Federal Food,22
Drug, and Cosmetic Act.23
*          *          *24
§91.8. Unlawful sale, purchase, or possession of tobacco products, alternative25
nicotine products, or vapor products; signs required; penalties26
*          *          *27
B. It is the intent of the legislature that enforcement of this Section shall be28
implemented in an equitable manner throughout the state.  For the purpose of29 HLS 14RS-1342	ORIGINAL
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equitable and uniform implementation and application of state and local laws and1
regulations, the provisions of this Section shall supersede existing or subsequently2
adopted local ordinances or regulations which relate to the sale, promotion, and3
distribution of tobacco products, alternative nicotine products, or vapor products.4
It is the intent of the legislature that this Section shall be equitably enforced so as to5
ensure the eligibility for and receipt of any federal funds or grants the state now6
receives or may receive relating to the provisions of this Section.7
C. It is unlawful for any manufacturer, distributor, retailer, or other person8
knowingly to sell or distribute any tobacco product, alternative nicotine product, or9
vapor product to a person under the age of eighteen.  However, it shall not be10
unlawful for a person under the age of eighteen to accept receipt of a tobacco11
product, alternative nicotine product, or vapor product from an employer when12
required in the performance of such person's duties. At the point of purchase, a sign13
in type not less than 30-point type shall be displayed that reads "LOUISIANA LAW14
PROHIBITS THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE15
NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER AGE16
18".17
D. It is unlawful for a vending machine operator to place in use a vending18
machine to vend any tobacco product, alternative nicotine product, or vapor product19
automatically, unless the machine displays a sign or sticker in not less than 22-point20
type on the front of the machine stating, "LOUISIANA LAW PROHIBITS THE21
SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR22
VAPOR PRODUCTS TO PERSONS UNDER AGE 18", or words of similar23
meaning.24
E. It is unlawful for any person under the age of eighteen to buy any tobacco25
product, alternative nicotine product, or vapor product.26
F.(1)  It is unlawful for any person under the age of eighteen to possess any27
tobacco product, alternative nicotine product, or vapor product.28 HLS 14RS-1342	ORIGINAL
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(2) However, it shall not be unlawful for a person under the age of eighteen1
to possess a tobacco product, alternative nicotine product, or vapor product under2
any of the following circumstances:3
(a)  When a person under eighteen years of age is accompanied by a parent,4
spouse, or legal guardian twenty-one years of age or older.5
(b)  In private residences.6
(c) When the tobacco product, alternative nicotine product, or vapor product7
is handled during the course and scope of his employment and required in the8
performance of such person's duties.9
G.  For purposes of this Section, the following definitions apply:10
(1) "Tobacco product" means any cigar, cigarette, smokeless tobacco, or11
smoking tobacco.  "Tobacco product" does not include any alternative nicotine12
product, vapor product, or product regulated as a drug or device by the United States13
Food and Drug Administration under Chapter V of the Federal Food, Drug, and14
Cosmetic Act.15
*          *          *16
(6) "Alternative nicotine product" means any non-combustible product17
containing nicotine that is intended for human consumption, whether chewed,18
absorbed, dissolved, or ingested by any other means. "Alternative nicotine product"19
does not include any tobacco product, vapor product, or any product regulated as a20
drug or device by the United States Food and Drug Administration under Chapter V21
of the Federal Food, Drug, and Cosmetic Act.22
(7) "Vapor product" means any non-combustible product containing nicotine23
that employs a heating element, power source, electronic circuit, or other electronic,24
chemical or mechanical means, regardless of shape or size, that can be used to25
produce vapor from nicotine in a solution or other form. "Vapor product" includes26
any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or27
similar product or device and any vapor cartridge or other container of nicotine in28
a solution or other form that is intended to be used with or in an electronic cigarette,29 HLS 14RS-1342	ORIGINAL
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electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.1
"Vapor product" does not include any product regulated as a drug or device by the2
United States Food and Drug Administration under Chapter V of the Federal Food,3
Drug, and Cosmetic Act.4
H.(1) A person who violates the provisions of this Section by selling or5
buying tobacco products, alternative nicotine products, or vapor products shall be6
fined not more than fifty dollars for the first violation. The penalties for subsequent7
violations shall be a fine of not more than one hundred dollars for the second8
violation, a fine of not more than two hundred fifty dollars for the third violation, and9
a fine of not more than four hundred dollars for any violation thereafter.10
(2) A person who violates the provisions of this Section by possessing11
tobacco products, alternative nicotine products, or vapor products shall be fined not12
more than fifty dollars for each violation.13
*          *          *14
Section 2. R.S. 17:240(A) and (B)(1) are hereby amended and reenacted to read as15
follows:16
§240. Prohibition against use of tobacco, alternative nicotine products, and vapor17
products in schools; prohibition against smoking on school bus; rules and18
regulations 19
A. For purposes of this Section the following terms shall have the following20
meanings unless the context clearly indicates otherwise:21
(1)  "Alternative nicotine product" means any non-combustible product22
containing nicotine that is intended for human consumption, whether chewed,23
absorbed, dissolved, or ingested by any other means. "Alternative nicotine product"24
does not include any tobacco product, vapor product, or any product regulated as a25
drug or device by the United States Food and Drug Administration under Chapter V26
of the Federal Food, Drug, and Cosmetic Act.27 HLS 14RS-1342	ORIGINAL
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(2) "School building" means any building located on the property of any1
elementary or secondary school, state schools for the deaf, blind, spastic, and2
cerebral palsied and schools in Special School District No. 1.3
(2)(3) "Smoking" means possession of a lighted cigar, cigarette, pipe, or any4
other lighted tobacco product.5
(4) "Vapor product" means any non-combustible product containing nicotine6
that employs a heating element, power source, electronic circuit, or other electronic,7
chemical or mechanical means, regardless of shape or size, that can be used to8
produce vapor from nicotine in a solution or other form. "Vapor product" includes9
any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or10
similar product or device and any vapor cartridge or other container of nicotine in11
a solution or other form that is intended to be used with or in an electronic cigarette,12
electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.13
"Vapor product" does not include any product regulated as a drug or device by the14
United States Food and Drug Administration under Chapter V of the Federal Food,15
Drug, and Cosmetic Act.16
B.(1) Notwithstanding any other provision of law, no person under eighteen17
years of age shall smoke, chew, use, or otherwise consume any tobacco or tobacco18
product, alternative nicotine product, or vapor product in or on the grounds of any19
public or private elementary or secondary school building, preschool, or day care20
facility.21
*          *          *22
Section 3. R.S. 26:901, 909(A)(2), 910, 910.1, 911(A)(1) and (2), and 917(A) and23
(C) are hereby amended and reenacted to read as follows:24
§901.  Definitions25
As used in this Chapter, the following terms have the meaning ascribed to26
them in this Section, unless the context clearly indicates otherwise:27
(1)  "Alternative nicotine product" means any non-combustible product28
containing nicotine that is intended for human consumption, whether chewed,29 HLS 14RS-1342	ORIGINAL
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absorbed, dissolved, or ingested by any other means. "Alternative nicotine product"1
does not include any tobacco product, vapor product, or any product regulated as a2
drug or device by the United States Food and Drug Administration under Chapter V3
of the Federal Food, Drug, and Cosmetic Act.4
(2) "Brand family" has the meaning as set forth in R.S. 13:5072(1).5
(2)(3) "Cigar" includes any roll of tobacco for smoking, irrespective of size6
or shape, and irrespective of the tobacco being flavored, adulterated, or mixed with7
any other ingredients, where such roll has a wrapper made chiefly of tobacco.8
(3)(4) "Cigarette" includes any roll for smoking made wholly or in part of9
tobacco, irrespective of size or shape and irrespective of the tobacco being flavored,10
adulterated, or mixed with any other ingredient, where such roll has a wrapper or11
cover made of paper, or any other material except where such wrapper is wholly or12
in greater part made of tobacco.13
(4)(5) "Commissioner" means the commissioner of alcohol and tobacco14
control.15
(5)(6) "Dealer" includes every person who manufactures or purchases cigars,16
cigarettes, or other tobacco products for distribution or resale in this state. The term17
also means any person who imports cigars, cigarettes, or other tobacco products from18
any state or foreign country for distribution, sale, or consumption in this state.19
(6)(7) "Exporter license" means the stamping agent designation as set forth20
in R.S. 26:902(5)(b).21
(7)(8) "Facility" means a part or portion of an establishment which is22
designed so as to impede a minor's access to a vending machine by walls or other23
separation in combination with signs designed to notify the public that persons under24
the age of eighteen are prohibited from the area.25
(8)(9) A "knowing violation or failure" is a knowing or intentional engaging26
in conduct without a good faith belief that the conduct was consistent with the27
provisions of this Chapter.28 HLS 14RS-1342	ORIGINAL
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(9)(10) "Manufacturer" means anyone engaged in the manufacture,1
production, or foreign importation of tobacco products who sells to wholesalers.2
(10)(11) "Person" means any natural person, trustee, company, partnership,3
corporation, or other legal entity.4
(11)(12) "Place of business" means the place where the tobacco orders are5
received, or where the taxable tobacco articles are sold, or if sold by a retail dealer6
upon a railroad train or on or from any other vehicle, the vehicle on which or from7
which the taxable articles are sold by the retail dealer. It also includes the8
establishment where vending machines are located.9
(12)(13) "Purchase" means acquisition in any manner, for any consideration.10
The term shall include transporting or receiving product in connection with a11
purchase.12
(13)(14) "Retail dealer" includes every dealer other than a wholesale dealer,13
or manufacturer who sells or offers for sale cigars, cigarettes, or other tobacco14
products, irrespective of quantity or the number of sales.15
(14)(15) "Sale" or "sell" means any transfer, exchange, or barter in any16
manner or by any means for any consideration.  The term shall include distributing17
or shipping product in connection with a sale.  References to a sale "in" or "into" a18
state refer to the state of the destination point of the product in the sale, without19
regard to where title was transferred.  References to sale "from" a state refer to the20
sale of cigarettes that are located in that state to the destination in question without21
regard to where title was transferred.22
(15)(16) "Sales entity affiliate" means an entity that sells cigarettes that it23
acquires directly from a manufacturer or importer and is affiliated with that24
manufacturer or importer as established by documentation received directly from25
that manufacturer or importer to the satisfaction of the attorney general. Entities are26
affiliated with each other if one, directly or indirectly through one or more27
intermediaries, controls or is controlled by or is under common control with the28
other.29 HLS 14RS-1342	ORIGINAL
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(16)(17) "Secretary" means the secretary of the Department of Revenue and1
includes any of his duly authorized assistants.2
(17)(18) "Self-service display" means any display that contains tobacco3
products, alternative nicotine products, ro vapor products and is located in an area4
openly accessible to the retail dealer's customers of the retail dealer, or to customers5
of any person engaged in the lawful sale at retail of alternative nicotine products or6
vapor products, and from which such customers can readily access tobacco products,7
alternative nicotine products, or vapor products without the assistance of a8
salesperson. A display case that holds tobacco products , alternative nicotine9
products, or vapor products behind locked doors does not constitute a self-service10
display for purposes of this Chapter.11
(18)(19) "Smokeless tobacco" means any finely cut, ground, powdered, or12
leaf tobacco that is intended to be placed in the oral or nasal cavity.13
(19)(20) "Smoking tobacco" includes granulated, plug cut, crimp cut, ready14
rubbed, and any other kind and form of tobacco prepared in such manner as to be15
suitable for smoking in pipe or cigarette.16
(20)(21) "Stamp" means the impression, device, stamp, label, or print17
manufactured or printed as prescribed by the secretary by the use of which the tax18
levied hereunder is paid. By way of extension, and not limitation, the term "stamp"19
means any impression or character affixed to or which shall be stamped upon20
commodities by metered stamping machine or device by use of which the tax levied21
hereunder is paid.22
(21)(22) "Stamping agent" means a dealer that is authorized to affix tax23
stamps to packages or other containers of cigarettes under R.S. 47:843 et seq. or any24
dealer that is required to pay the excise tax or tobacco tax imposed pursuant to R.S.25
47:841 et seq. on cigarettes.26
(22)(23) "State directory" or "directory" means the directory compiled by the27
attorney general under R.S. 13:5073, or, in the case of reference to another state's28
directory, the directory compiled under the similar law in that other state.29 HLS 14RS-1342	ORIGINAL
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(23)(24) "Tobacco product" means any cigar, cigarette, smokeless tobacco,1
or smoking tobacco.  "Tobacco product" does not include any alternative nicotine2
product, vapor product, or product regulated as a drug or device by the United States3
Food and Drug Administration under Chapter V of the Federal Food, Drug and4
Cosmetic Act.5
(24)(25) "Tobacconist" means any bona fide tobacco retailer engaged in6
receiving bulk smoking tobacco for the purpose of blending such tobacco for retail7
sale at a particular retail outlet where fifty percent or more of the total purchases for8
the preceding twelve months were purchases of tobacco products, excluding9
cigarettes.10
(26)  "Vapor product" means any non-combustible product containing11
nicotine that employs a heating element, power source, electronic circuit, or other12
electronic, chemical or mechanical means, regardless of shape or size, that can be13
used to produce vapor from nicotine in a solution or other form.  "Vapor product"14
includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic15
pipe, or similar product or device and any vapor cartridge or other container of16
nicotine in a solution or other form that is intended to be used with or in an electronic17
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or18
device. "Vapor product" does not include any product regulated as a drug or device19
by the United States Food and Drug Administration under Chapter V of the Federal20
Food, Drug, and Cosmetic Act.21
(25)(27) "Vending machine" means any mechanical, electric, or electronic22
self-service device which, upon insertion of money, tokens, or any other form of23
payment, automatically dispenses tobacco products.24
(26)(28) "Vending machine operator" means any person who controls the use25
of one or more vending machines as to the supply of cigarettes or any tobacco26
products in the machine or the receipts from cigarettes vended through such27
machines.28 HLS 14RS-1342	ORIGINAL
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(27)(29) "Wholesale dealer" means a dealer whose principal business is that1
of a wholesaler, who sells cigarettes, cigars, or other tobacco products to retail2
dealers for purpose of resale, who is a bona fide wholesaler, and fifty percent of3
whose total tobacco sales are to retail stores other than its own or its subsidiaries4
within Louisiana. Wholesale dealer shall include any person in the state who5
acquires cigarettes solely for the purpose of resale in vending machines, provided6
such person services fifty or more cigarette vending machines in Louisiana other7
than his own, and a Louisiana dealer who was affixing cigarette and tobacco stamps8
as of January 1, 1974.9
*          *          *10
§909.  General requirements of eligibility11
A. The commissioner may suspend a permit previously issued or may refuse12
to grant a permit if, after a hearing and by a preponderance of the evidence, it is13
proven that the permittee, or an employee or agent thereof, or applicant either:14
*          *          *15
(2) Has violated the terms and provisions of R.S. 14:91.6 relative to the16
unlawful distribution of tobacco products, alternative nicotine products, or vapor17
products.18
*          *          *19
§910.  Vending machines20
In order to prevent persons under eighteen years of age from purchasing or21
receiving tobacco products, alternative nicotine products, or vapor products from22
vending machines, the sale or delivery of 	tobacco such products through a vending23
machine is prohibited unless either:24
(1) The machine is located in an establishment to which persons under the25
age of eighteen are denied access.26
(2) The machine is located in facilities where the dealer or any person27
engaged in the lawful sale at retail of alternative nicotine products or vapor products,28
ensures that no person younger than eighteen years of age is present or permitted to29 HLS 14RS-1342	ORIGINAL
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enter at any time and the machine is located within the unobstructed line of sight of1
a dealer or a dealer's agent or employee who is responsible for preventing persons2
younger than eighteen years of age from purchasing tobacco products, alternative3
nicotine products, or vapor products through that machine.4
(3) For purposes of this Section, "vending machine" means any mechanical,5
electric, or electronic self-service device which, upon insertion of money, tokens, or6
any other form of payment, automatically dispenses tobacco products, alternative7
nicotine products, or vapor products.8
§910.1.  Self-service displays9
A. In order to prevent persons under eighteen years of age from purchasing10
or receiving tobacco products, alternative nicotine products, or vapor products from11
self-service displays, the sale or delivery of 	tobacco such products through a self-12
service display is prohibited unless the machine is a vending machine as defined in13
R.S. 26:910 that complies with the terms and provisions of R.S. 26:910 that Section.14
B.(1) The provisions of this Section shall not apply to a tobacconist at a15
particular outlet or a retail tobacco business.16
(2) "Retail tobacco business" for purposes of this Section means a bona fide17
retail dealer engaged in the sale of tobacco products and accessories for retail sale18
where fifty percent or more of the total sales for the preceding twelve months,19
excluding fuel sales, were tobacco products, including cigarettes, alternative nicotine20
products, or vapor products.21
(3) "Tobacconist at a particular outlet" for purposes of this Section means22
a bona fide retail dealer engaged in receiving bulk smoking tobacco for the purpose23
of blending such tobacco for retail sale at a particular retail outlet where fifty percent24
or more of the total purchases for the preceding twelve months were purchases of25
tobacco products, excluding cigarettes, alternative nicotine products, or vapor26
products.27
(4) The provisions of this Section shall not apply to a lawful retailer of28
alternative nicotine products or vapor products where fifty percent or more of the29 HLS 14RS-1342	ORIGINAL
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total sales for the preceding twelve months, excluding fuel sales, were alternative1
nicotine products or vapor products.2
§911.  Acts prohibited3
A.  No person, agent, associate, employee, representative, or servant of any4
person shall permit any of the following acts to be done on or about any premises5
which sells or offers for sale tobacco products, alternative nicotine products, or vapor6
products:7
(1) Sell or serve tobacco products, alternative nicotine products, or vapor8
products over-the-counter in a retail establishment to any person under the age of9
eighteen unless such person submits a driver's license, selective service card, or other10
lawful identification which on its face establishes the age of the person as eighteen11
years or older and there is no reason to doubt the authenticity or correctness of the12
identification.13
(2) Violate the terms and provisions of R.S. 14:91.6 relative to the unlawful14
distribution of tobacco products, alternative nicotine products, or vapor products.15
*          *          *16
§917.  Violations by employee; employer liability17
A. Sale of tobacco products to a minor by a retail dealer's agent, associate,18
employee, representative, or servant, or the sale of alternative nicotine products, or19
vapor products to a minor by the agent, associate, employee, representative, or20
servant of a lawful retailer of alternative nicotine products or vapor products, shall21
be considered an act of the retail dealer or lawful retailer, as applicable, for purposes22
of suspension, revocation, as applicable, or assessment of civil penalties unless all23
of the following conditions exist:24
(1) The employer requires employees to attend a commissioner-approved25
seller training program.26
(2)  The employee actually attends the training program.27 HLS 14RS-1342	ORIGINAL
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(3) The employer does not directly or indirectly encourage the employee to1
violate the prohibited sales provisions of this Chapter.2
*          *          *3
C.  The provisions of Subsection A of this Section shall not apply if a retail4
dealer, or lawful retailer of alternative nicotine products or vapor products, as5
applicable, within one hundred eighty days from the hiring of an agent, associate,6
employee, representative, or servant can prove that he has made application to have7
the employee attend a training program or the retail dealer or lawful retailer, as8
applicable, has received an extension of time in which to comply from the9
commissioner because of unavailability of a training program.10
Section 4.  R.S. 47:851(C)(2) is hereby amended and reenacted to read as follows:11
§851.  Dealers receiving unstamped and/or nontax paid cigarettes, cigars, and12
smoking tobaccos required to file monthly reports and maintain records;13
vending machine restrictions14
*          *          *15
C.  Vending machine operators. 16
*          *          *17
(2) In accordance with state law prohibiting minors from purchasing tobacco18
products R.S. 14:91.8(D), vending machine operators shall affix a sticker in a19
prominent place on each machine, in print not smaller than twenty-two point, sign20
or sticker in not less than 22-point type on the front of each machine stating,21
"Louisiana Law Prohibits the Purchase of Tobacco Products by Anyone Under Age22
17" "LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS,23
ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO24
PERSONS UNDER AGE 18".25
*          *          *26
Section 5. This Act shall become effective upon signature by the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If29 HLS 14RS-1342	ORIGINAL
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
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)]
Harris	HB No. 835
Abstract: Provides for the unlawful possession, sales, purchase, and distribution of
alternative nicotine products and vapor products to minors.
Present law provides for the unlawful possession, sales, purchase, and distribution of tobacco
products to minors.
Proposed law adds alternative nicotine products and vapor products to the present law
prohibitions.
Proposed law defines "alternative nicotine product" and "vapor product".
Proposed law excludes alternative nicotine products and vapor products from the definition
of tobacco.
Present law provides that in order to prevent persons under 18 years of age from purchasing
or receiving tobacco products from vending machines or self-service displays, the sale or
delivery of tobacco products through a vending machine or self-service display is prohibited.
Proposed law adds alternative nicotine products and vapor products to the present law
prohibitions.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 14:91.6(A) and (B)(1) and 91.8(B), (C), (D), (E), (F), (G)(1) and (H), R.S.
17:240(A) and (B)(1), R.S. 26:901, 909(A)(2), 910, 910.1, 911(A)(1) and (2), and 917(A)
and (C), and R.S. 47:851(C)(2); Adds R.S. 14:91.6(B)(6) and (7) and 91.8(G)(6) and (7))