HLS 14RS-1342 ORIGINAL Page 1 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 835 Page 2 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 835 Page 3 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 835 Page 4 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 835 Page 5 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 835 Page 6 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 835 Page 7 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 835 Page 8 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 835 Page 9 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 835 Page 10 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 835 Page 11 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 835 Page 12 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 835 Page 13 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 HB NO. 835 Page 14 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 HB NO. 835 Page 15 of 15 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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))