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Regular Session, 2014
SENATE BILL NO. 12
BY SENATOR GALLOT
ENVIRONMENTAL HEALTH. Provides for alternative nicotine products. (gov sig)
AN ACT1
To amend and reenact R.S. 14:91.8 and R.S. 26:910 and 910.1(A) and to enact R.S.2
14:91.6(B)(6) and (7) and R.S. 26:901(28) and (29), relative to alternative nicotine3
products; to provide for the definition of alternative nicotine product; to provide for4
the definition of e-cigarette; to provide for an effective date; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:91.8 is hereby amended and reenacted, and R.S. 14:91.6(B)(6)8
and (7) are hereby enacted to read as follows:9
§91.6. Unlawful distribution of sample tobacco products or alternative nicotine10
products to persons under age eighteen; penalty11
* * *12
B. For purposes of this Section, the following definitions apply:13
* * *14
(6)"Alternative nicotine product" means a product, including an15
electronic cigarette, that consists of or contains nicotine that can be ingested16
into the body by chewing, absorbing, dissolving, or inhaling, or by any other17 SB NO. 12
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means. "Alternative nicotine product" does not include:1
(a) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).2
(b) A device pursuant to 21 U.S.C. 321(h).3
(c) A combination product described in 21 U.S.C. 353(g).4
(7) "Electronic cigarette" means a product or device that produces a5
vapor that delivers nicotine or other substances to the person inhaling from the6
device to simulate smoking and is likely to be offered to or purchased by7
consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or8
electronic pipe. "Electronic cigarette" does not include:9
(a) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).10
(b) A device pursuant to 21 U.S.C. 321(h).11
(c) A combination product described in 21 U.S.C. 353(g).12
* * *13
§91.8. Unlawful sale, purchase, or possession of tobacco or alternative nicotine14
product; signs required; penalties15
A. This Section shall be known and may be cited as the "Prevention of Youth16
Access to Tobacco and Alternative Nicotine Products Law".17
B. It is the intent of the legislature that enforcement of this Section shall be18
implemented in an equitable manner throughout the state. For the purpose of19
equitable and uniform implementation and application of state and local laws and20
regulations, the provisions of this Section shall supersede existing or subsequently21
adopted local ordinances or regulations which relate to the sale, promotion, and22
distribution of tobacco products or alternative nicotine products. It is the intent23
of the legislature that this Section shall be equitably enforced so as to ensure the24
eligibility for and receipt of any federal funds or grants the state now receives or may25
receive relating to the provisions of this Section.26
C. It is unlawful for any manufacturer, distributor, retailer, or other person27
knowingly to sell or distribute any tobacco product or any alternative nicotine28
product to a person under the age of eighteen. However, it shall not be unlawful for29 SB NO. 12
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a person under the age of eighteen to accept receipt of a tobacco product or an1
alternative nicotine product from an employer when required in the performance2
of such person's duties. At the point of purchase, a sign in type not less than 30-point3
type shall be displayed that reads "LOUISIANA LAW PROHIBITS THE SALE OF4
TOBACCO OR ALTERNATIVE NICOTINE PRODUCT TO PERSONS5
UNDER AGE 18".6
D. It is unlawful for a vending machine operator to place in use a vending7
machine to vend any tobacco product or any alternative nicotine product8
automatically, unless the machine displays a sign or sticker in not less than 22-point9
type on the front of the machine stating, "LOUISIANA LAW PROHIBITS THE10
SALE OF TOBACCO OR ALTERNATIVE NICOTINE PRODUCT TO11
PERSONS UNDER AGE 18", or words of similar meaning.12
E. It is unlawful for any person under the age of eighteen to buy any tobacco13
product or any alternative nicotine product.14
F.(1) It is unlawful for any person under the age of eighteen to possess any15
tobacco product or any alternative nicotine product.16
(2) However, it shall not be unlawful for a person under the age of eighteen17
to possess a tobacco product or any alternative nicotine product under any of the18
following circumstances:19
(a) When a person under eighteen years of age is accompanied by a parent,20
spouse, or legal guardian twenty-one years of age or older.21
(b) In private residences.22
(c) When the tobacco product or the alternative nicotine product is23
handled during the course and scope of his employment and required in the24
performance of such person's duties.25
G. For purposes of this Section, the following definitions apply:26
(1) "Tobacco product" means any cigar, cigarette, smokeless tobacco, or27
smoking tobacco.28
(2) "Cigar" means any roll of tobacco for smoking, irrespective of size or29 SB NO. 12
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shape, and irrespective of the tobacco being flavored, adulterated, or mixed with any1
other ingredients, where such roll has a wrapper made chiefly of tobacco.2
(3) "Cigarette" means any roll for smoking made wholly or in part of3
tobacco, irrespective of size or shape and irrespective of the tobacco being flavored,4
adulterated, or mixed with any other ingredient, where such roll has a wrapper or5
cover made of paper, or any other material, except where such wrapper is wholly or6
in greater part made of tobacco.7
(4) "Smokeless tobacco" means any finely cut, ground, powdered, or leaf8
tobacco that is intended to be placed in the oral or nasal cavity.9
(5) "Smoking tobacco" means granulated, plug cut, crimp cut, ready rubbed,10
and any other kind and form of tobacco prepared in such manner as to be suitable for11
smoking in a pipe or cigarette.12
(6)"Alternative nicotine product" means a product, including an13
electronic cigarette, that consists of or contains nicotine that can be ingested14
into the body by chewing, absorbing, dissolving, or inhaling, or by any other15
means. "Alternative nicotine product" does not include:16
(a) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).17
(b) A device pursuant to 21 U.S.C. 321(h).18
(c) A combination product described in 21 U.S.C. 353(g).19
(7) "Electronic cigarette" means a product or device that produces a20
vapor that delivers nicotine or other substances to the person inhaling from the21
device to simulate smoking and is likely to be offered to or purchased by22
consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or23
electronic pipe. "Electronic cigarette" does not include:24
(a) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).25
(b) A device pursuant to 21 U.S.C. 321(h).26
(c) A combination product described in 21 U.S.C. 353(g).27
H.(1) A person who violates the provisions of this Section by selling or28
buying tobacco products or alternative nicotine products shall be fined not more29 SB NO. 12
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than fifty dollars for the first violation. The penalties for subsequent violations shall1
be a fine of not more than one hundred dollars for the second violation, a fine of not2
more than two hundred fifty dollars for the third violation, and a fine of not more3
than four hundred dollars for any violation thereafter.4
(2) A person who violates the provisions of this Section by possessing5
tobacco products or alternative nicotine products shall be fined not more than fifty6
dollars for each violation.7
I. A violation of the signage requirement of Subsection C of this Section8
shall be deemed to be a violation by the owner of the establishment where the9
violation occurred. A violation of the signage requirement of Subsection D of this10
Section shall be deemed to be a violation by the owner of the vending machine. For11
the first such violation, the owner shall be fined not more than fifty dollars. The12
penalties for subsequent violations shall be a fine of not more than one hundred13
dollars for the second violation, a fine of not more than two hundred fifty dollars for14
the third violation, and a fine of not more than five hundred dollars for any violation15
thereafter.16
J. The law enforcement agency issuing the citation or making the arrest or17
the clerk of the court in which a prosecution is initiated, as the case may be, shall18
notify the commissioner of the office of alcohol and tobacco control of the action and19
the final disposition of the matter.20
Section 2. R.S. 26:910 and 910.1(A) are hereby amended and reenacted, and R.S.21
26:901(28) and (29) are hereby enacted to read as follows:22
§901. Definitions23
As used in this Chapter, the following terms have the meaning ascribed to24
them in this Section, unless the context clearly indicates otherwise:25
* * *26
(28)"Alternative nicotine product" means a product, including an27
electronic cigarette, that consists of or contains nicotine that can be ingested28
into the body by chewing, absorbing, dissolving, or inhaling, or by any other29 SB NO. 12
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means. "Alternative nicotine product" does not include:1
(a) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).2
(b) A device pursuant to 21 U.S.C. 321(h).3
(c) A combination product described in 21 U.S.C. 353(g).4
(29) "Electronic cigarette" means a product or device that produces a5
vapor that delivers nicotine or other substances to the person inhaling from the6
device to simulate smoking and is likely to be offered to or purchased by7
consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or8
electronic pipe. "Electronic cigarette" does not include:9
(a) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).10
(b) A device pursuant to 21 U.S.C. 321(h).11
(c) A combination product described in 21 U.S.C. 353(g).12
* * *13
§910. Vending machines14
In order to prevent persons under eighteen years of age from purchasing or15
receiving tobacco products or alternative nicotine products from vending16
machines, the sale or delivery of tobacco products or alternative nicotine products17
through a vending machine is prohibited unless either:18
(1) The machine is located in an establishment to which persons under the19
age of eighteen are denied access.20
(2) The machine is located in facilities where the dealer ensures that no21
person younger than eighteen years of age is present or permitted to enter at any time22
and the machine is located within the unobstructed line of sight of a dealer or a23
dealer's agent or employee who is responsible for preventing persons younger than24
eighteen years of age from purchasing tobacco products or alternative nicotine25
products through that machine.26
§910.1. Self-service displays27
A. In order to prevent persons under eighteen years of age from purchasing28
or receiving tobacco products or alternative nicotine products from self-service29 SB NO. 12
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displays, the sale or delivery of tobacco products through a self-service display is1
prohibited unless the machine is a vending machine that complies with the terms and2
provisions of R.S. 26:910.3
* * *4
Section 3. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Present law provides for the unlawful distribution of sample tobacco products. Proposed law
adds alternative nicotine products to the present law.
Proposed law defines alternative nicotine product to mean a product, including an electronic
cigarette, that consists of or contains nicotine that can be ingested into the body by chewing,
absorbing, dissolving, or inhaling, or by any other means. Alternative nicotine product does
not include:
(1)A product that is a drug pursuant to 21 U.S.C. 321(g)(1).
(2)A device pursuant to 21 U.S.C. 321(h).
(3)A combination product described in 21 U.S.C. 353(g).
Proposed law defines electronic cigarette to mean a product or device that produces a vapor
that delivers nicotine or other substances to the person inhaling from the device to simulate
smoking and is likely to be offered to or purchased by consumers as an electronic cigarette,
electronic cigar, electronic cigarillo, or electronic pipe. Electronic cigarette does not
include:
(1)A product that is a drug pursuant to 21 U.S.C. 321(g)(1).
(2)A device pursuant to 21 U.S.C. 321(h).
(3)A combination product described in 21 U.S.C. 353(g).
Present law provides for the unlawful sale, purchase, or possession of tobacco. Proposed
law adds alternative nicotine products to the present law.
Present law provides 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 SB NO. 12
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eighteen 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 adds alternative nicotine products to the present law.
Present law provides 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 adds alternative nicotine products to the present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:91.8 and R.S. 26:910 and 910.1(A); adds R.S. 14:91.6(B)(6) and (7) and
R.S. 26:901(28) and (29))