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Regular Session, 2014
SENATE BILL NO. 12
BY SENATORS GALLOT, DORSEY-COLOMB AND PEACOCK
ENVIRONMENTAL HEALTH. Prohibits the sale of electronic cigarettes and vapor pens
to persons under age 18. (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 offenses affecting the3
health and morals of minors; to prohibit the sale or other distribution of alternative4
nicotine products, electronic cigarettes, and vapor pens to persons under the age of5
eighteen; to provide definitions; and to provide for 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)(a) "Alternative nicotine product" means a product, including an15
electronic cigarette or vaporizer, that consists of or contains nicotine that can16
be ingested into the body by chewing, absorbing, dissolving, or inhaling, or by17 SB NO. 12
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any other means.1
(b) "Alternative nicotine product" does not include:2
(i) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).3
(ii) A device pursuant to 21 U.S.C. 321(h).4
(iii) A combination product described in 21 U.S.C. 353(g).5
(7)(a) "Electronic cigarette" and "vaporizer" mean a product or device6
that produces a vapor, regardless of the means or method by which the vapor7
is produced, that delivers nicotine or other substances to the person inhaling8
from the device to simulate smoking and is likely to be offered to or purchased9
by consumers as an electronic cigarette, electronic cigar, electronic cigarillo,10
electronic pipe, or similar device.11
(b) "Electronic cigarette" and "vaporizer" do not include:12
(i) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).13
(ii) A device pursuant to 21 U.S.C. 321(h).14
(iii) A combination product described in 21 U.S.C. 353(g).15
* * *16
§91.8. Unlawful sale, purchase, or possession of tobacco or alternative nicotine17
product; signs required; penalties18
A. This Section shall be known and may be cited as the "Prevention of Youth19
Access to Tobacco and Alternative Nicotine Products Law".20
B. It is the intent of the legislature that enforcement of this Section shall be21
implemented in an equitable manner throughout the state. For the purpose of22
equitable and uniform implementation and application of state and local laws and23
regulations, the provisions of this Section shall supersede existing or subsequently24
adopted local ordinances or regulations which relate to the sale, promotion, and25
distribution of tobacco products or alternative nicotine products. It is the intent26
of the legislature that this Section shall be equitably enforced so as to ensure the27
eligibility for and receipt of any federal funds or grants the state now receives or may28
receive relating to the provisions of this Section.29 SB NO. 12
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C. It is unlawful for any manufacturer, distributor, retailer, or other person1
knowingly to sell or distribute any tobacco product or any alternative nicotine2
product to a person under the age of eighteen. However, it shall not be unlawful for3
a person under the age of eighteen to accept receipt of a tobacco product or an4
alternative nicotine product from an employer when required in the performance5
of such person's duties. At the point of purchase, a sign in type not less than 30-point6
type shall be displayed that reads "LOUISIANA LAW PROHIBITS THE SALE OF7
TOBACCO OR ALTERNATIVE NICOTINE PRODUCT TO PERSONS8
UNDER AGE 18".9
D. It is unlawful for a vending machine operator to place in use a vending10
machine to vend any tobacco product or any alternative nicotine product11
automatically, unless the machine displays a sign or sticker in not less than 22-point12
type on the front of the machine stating, "LOUISIANA LAW PROHIBITS THE13
SALE OF TOBACCO OR ALTERNATIVE NICOTINE PRODUCT TO14
PERSONS UNDER AGE 18", or words of similar meaning.15
E. It is unlawful for any person under the age of eighteen to buy any tobacco16
product or any alternative nicotine product.17
F.(1) It is unlawful for any person under the age of eighteen to possess any18
tobacco product or any alternative nicotine product.19
(2) However, it shall not be unlawful for a person under the age of eighteen20
to possess a tobacco product or any alternative nicotine product under any of the21
following circumstances:22
(a) When a person under eighteen years of age is accompanied by a parent,23
spouse, or legal guardian twenty-one years of age or older.24
(b) In private residences.25
(c) When the tobacco product or the alternative nicotine product is26
handled during the course and scope of his employment and required in the27
performance of such person's duties.28
G. For purposes of this Section, the following definitions apply:29 SB NO. 12
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(1) "Tobacco product" means any cigar, cigarette, smokeless tobacco, or1
smoking tobacco.2
(2) "Cigar" means any roll of tobacco for smoking, irrespective of size or3
shape, and irrespective of the tobacco being flavored, adulterated, or mixed with any4
other ingredients, where such roll has a wrapper made chiefly of tobacco.5
(3) "Cigarette" means any roll for smoking made wholly or in part of6
tobacco, irrespective of size or shape and irrespective of the tobacco being flavored,7
adulterated, or mixed with any other ingredient, where such roll has a wrapper or8
cover made of paper, or any other material, except where such wrapper is wholly or9
in greater part made of tobacco.10
(4) "Smokeless tobacco" means any finely cut, ground, powdered, or leaf11
tobacco that is intended to be placed in the oral or nasal cavity.12
(5) "Smoking tobacco" means granulated, plug cut, crimp cut, ready rubbed,13
and any other kind and form of tobacco prepared in such manner as to be suitable for14
smoking in a pipe or cigarette.15
(6)(a) "Alternative nicotine product" means a product, including an16
electronic cigarette or vaporizer, that consists of or contains nicotine that can17
be ingested into the body by chewing, absorbing, dissolving, or inhaling, or by18
any other means.19
(b) "Alternative nicotine product" does not include:20
(i) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).21
(ii) A device pursuant to 21 U.S.C. 321(h).22
(iii) A combination product described in 21 U.S.C. 353(g).23
(7)(a) "Electronic cigarette" and "vaporizer" mean a product or device24
that produces a vapor, regardless of the means or method by which the vapor25
is produced, that delivers nicotine or other substances to the person inhaling26
from the device to simulate smoking and is likely to be offered to or purchased27
by consumers as an electronic cigarette, electronic cigar, electronic cigarillo,28
electronic pipe, or similar device.29 SB NO. 12
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(b) "Electronic cigarette" and "vaporizer" do not include:1
(i) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).2
(ii) A device pursuant to 21 U.S.C. 321(h).3
(iii) A combination product described in 21 U.S.C. 353(g).4
H.(1) A person who violates the provisions of this Section by selling or5
buying tobacco products or alternative nicotine products shall be fined not more6
than fifty dollars for the first violation. The penalties for subsequent violations shall7
be a fine of not more than one hundred dollars for the second violation, a fine of not8
more than two hundred fifty dollars for the third violation, and a fine of not more9
than four hundred dollars for any violation thereafter.10
(2) A person who violates the provisions of this Section by possessing11
tobacco products or alternative nicotine products shall be fined not more than fifty12
dollars for each violation.13
I. A violation of the signage requirement of Subsection C of this Section14
shall be deemed to be a violation by the owner of the establishment where the15
violation occurred. A violation of the signage requirement of Subsection D of this16
Section shall be deemed to be a violation by the owner of the vending machine. For17
the first such violation, the owner shall be fined not more than fifty dollars. The18
penalties for subsequent violations shall be a fine of not more than one hundred19
dollars for the second violation, a fine of not more than two hundred fifty dollars for20
the third violation, and a fine of not more than five hundred dollars for any violation21
thereafter.22
J. The law enforcement agency issuing the citation or making the arrest or23
the clerk of the court in which a prosecution is initiated, as the case may be, shall24
notify the commissioner of the office of alcohol and tobacco control of the action and25
the final disposition of the matter.26
Section 2. R.S. 26:910 and 910.1(A) are hereby amended and reenacted, and R.S.27
26:901(28) and (29) are hereby enacted to read as follows:28
§901. Definitions29 SB NO. 12
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As used in this Chapter, the following terms have the meaning ascribed to1
them in this Section, unless the context clearly indicates otherwise:2
* * *3
(28)(a) "Alternative nicotine product" means a product, including an4
electronic cigarette or vaporizer, that consists of or contains nicotine that can5
be ingested into the body by chewing, absorbing, dissolving, or inhaling, or by6
any other means.7
(b) "Alternative nicotine product" does not include:8
(i) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).9
(ii) A device pursuant to 21 U.S.C. 321(h).10
(iii) A combination product described in 21 U.S.C. 353(g).11
(29)(a) "Electronic cigarette" and "vaporizer" mean a product or device12
that produces a vapor, regardless of the means or method by which the vapor13
is produced, that delivers nicotine or other substances to the person inhaling14
from the device to simulate smoking and is likely to be offered to or purchased15
by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or16
electronic pipe.17
(b) "Electronic cigarette" and "vaporizer" do not include:18
(i) A product that is a drug pursuant to 21 U.S.C. 321(g)(1).19
(ii) A device pursuant to 21 U.S.C. 321(h).20
(iii) A combination product described in 21 U.S.C. 353(g).21
* * *22
§910. Vending machines23
In order to prevent persons under eighteen years of age from purchasing or24
receiving tobacco products or alternative nicotine products from vending25
machines, the sale or delivery of tobacco products or alternative nicotine products26
through a vending machine is prohibited unless either:27
(1) The machine is located in an establishment to which persons under the28
age of eighteen are denied access.29 SB NO. 12
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(2) The machine is located in facilities where the dealer ensures that no1
person younger than eighteen years of age is present or permitted to enter at any time2
and the machine is located within the unobstructed line of sight of a dealer or a3
dealer's agent or employee who is responsible for preventing persons younger than4
eighteen years of age from purchasing tobacco products or alternative nicotine5
products through that machine.6
§910.1. Self-service displays7
A. In order to prevent persons under eighteen years of age from purchasing8
or receiving tobacco products or alternative nicotine products from self-service9
displays, the sale or delivery of tobacco products through a self-service display is10
prohibited unless the machine is a vending machine that complies with the terms and11
provisions of R.S. 26:910.12
* * *13
Section 3. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Alden A. Clement, Jr.
DIGEST
Gallot (SB 12)
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 a product, including an electronic
cigarette or vaporizer, that consists of or contains nicotine that can be ingested into the body
by chewing, absorbing, dissolving, or inhaling, or by any other means. Proposed law further
provides that "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). SB NO. 12
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(3)A combination product described in 21 U.S.C. 353(g).
Proposed law defines "electronic cigarette" and "vaporizer" as a product or device that
produces a vapor, regardless of the means or method by which the vapor is produced, 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, electronic pipe, or similar device. Proposed law further
provides that "electronic cigarette" and "vaporizer" do 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 prohibits the sale of tobacco to or the purchase or possession of tobacco by
persons under the age of 18 years.
Proposed law retains present law and adds alternative nicotine 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 to 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 to 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Adds vaporizers to the alternative nicotine products covered by proposed
law.