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Regular Session, 2014
SENATE BILL NO. 12
BY SENATORS GALLOT, DORSEY-COLOMB, PEACOCK, GARY SMI TH AND
THOMPSON
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. 14:91.6(A) and 91.8, R.S. 26:901, 902(1), 905(B), 909(A)(2),2
910, 910.1, the introductory paragraph of 911(A) and (A)(1) and (2), the introductory3
paragraph of 917(A) and (C), and 932(6), and R.S. 47:851(C)(2), and to enact R.S.4
14:91.6(B)(6) and (7), relative to alternative nicotine products and vapor products;5
to prohibit the sale or other distribution of alternative nicotine products and vapor6
pens to persons under the age of eighteen years; to provide relative to definitions;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:91.6(A) and 91.8 are hereby amended and reenacted and R.S.10
14:91.6(B)(6) and (7) are hereby enacted to read as follows:11
§91.6. Unlawful distribution of sample tobacco products, alternative nicotine12
products, or vapor products to persons under age eighteen; penalty13
A. No person shall distribute or cause to be distributed to persons under14
eighteen years of age a promotional sample of any tobacco product, alternative15
nicotine product, or vapor product.16
B. For purposes of this Section, the following definitions apply: 17 SB NO. 12
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* * *1
(6) "Alternative nicotine product" means any non-combustible product2
containing nicotine that is intended for human consumption, whether chewed,3
absorbed, dissolved, or ingested by any other means. "Alternative nicotine4
product" does not include any:5
(a) Tobacco product.6
(b) Vapor product.7
(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).8
(d) Device pursuant to 21 U.S.C. 321(h).9
(e) Combination product described in 21 U.S.C. 353(g).10
(7) "Vapor product" means any non-combustible product containing11
nicotine or other substances that employs a heating element, power source,12
electronic circuit, or other electronic, chemical or mechanical means, regardless13
of shape or size, that can be used to produce vapor from nicotine in a solution14
or other form. "Vapor product" includes any electronic cigarette, electronic15
cigar, electronic cigarillo, electronic pipe, or similar product or device and any16
vapor cartridge or other container of nicotine in a solution or other form that17
is intended to be used with or in an electronic cigarette, electronic cigar,18
electronic cigarillo, electronic pipe, or similar product or device. "Vapor19
product" does not include any:20
(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).21
(b) Device pursuant to 21 U.S.C. 321(h).22
(c) Combination product described in 21 U.S.C. 353(g).23
* * *24
§91.8. Unlawful sale, purchase, or possession of tobacco, alternative nicotine25
product, or vapor product; signs required; penalties26
A. This Section shall be known and may be cited as the "Prevention of Youth27
Access to Tobacco Law".28
B. It is the intent of the legislature that enforcement of this Section shall be29 SB NO. 12
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implemented in an equitable manner throughout the state. For the purpose of1
equitable and uniform implementation and application of state and local laws and2
regulations, the provisions of this Section shall supersede existing or subsequently3
adopted local ordinances or regulations which relate to the sale, promotion, and4
distribution of tobacco products, alternative nicotine product, or vapor product.5
It is the intent of the legislature that this Section shall be equitably enforced so as to6
ensure the eligibility for and receipt of any federal funds or grants the state now7
receives or may receive relating to the provisions of this Section.8
C. It is unlawful for any manufacturer, distributor, retailer, or other person9
knowingly to sell or distribute any tobacco product, alternative nicotine product,10
or vapor product to a person under the age of eighteen. However, it shall not be11
unlawful for a person under the age of eighteen to accept receipt of a tobacco12
product, alternative nicotine product, or vapor product from an employer when13
required in the performance of such person's duties. At the point of purchase, a sign14
in type not less than 30-point type shall be displayed that reads "LOUISIANA LAW15
PROHIBITS THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE16
NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER17
AGE 18".18
D. It is unlawful for a vending machine operator to place in use a vending19
machine to vend any tobacco product, alternative nicotine product, or vapor20
product automatically, unless the machine displays a sign or sticker in not less than21
22-point type on the front of the machine stating, "LOUISIANA LAW PROHIBITS22
THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE23
PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER AGE 18", or24
words of similar meaning.25
E. It is unlawful for any person under the age of eighteen to buy any tobacco26
product, alternative nicotine product, or vapor product.27
F.(1) It is unlawful for any person under the age of eighteen to possess any28
tobacco product, alternative nicotine product, or vapor product.29 SB NO. 12
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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 vapor7
product is handled during the course and scope of his employment and required in8
the 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.12
(2) "Cigar" means any roll of tobacco for smoking, irrespective of size or13
shape, and irrespective of the tobacco being flavored, adulterated, or mixed with any14
other ingredients, where such roll has a wrapper made chiefly of tobacco.15
(3) "Cigarette" means any roll for smoking made wholly or in part of16
tobacco, irrespective of size or shape and irrespective of the tobacco being flavored,17
adulterated, or mixed with any other ingredient, where such roll has a wrapper or18
cover made of paper, or any other material, except where such wrapper is wholly or19
in greater part made of tobacco.20
(4) "Smokeless tobacco" means any finely cut, ground, powdered, or leaf21
tobacco that is intended to be placed in the oral or nasal cavity.22
(5) "Smoking tobacco" means granulated, plug cut, crimp cut, ready rubbed,23
and any other kind and form of tobacco prepared in such manner as to be suitable for24
smoking in a pipe or cigarette.25
(6) "Alternative nicotine product" means any non-combustible product26
containing nicotine that is intended for human consumption, whether chewed,27
absorbed, dissolved, or ingested by any other means. "Alternative nicotine28
product" does not include any:29 SB NO. 12
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(a) Tobacco product.1
(b) Vapor product.2
(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).3
(d) Device pursuant to 21 U.S.C. 321(h).4
(e) Combination product described in 21 U.S.C. 353(g).5
(7) "Vapor product" means any non-combustible product containing6
nicotine or other substances that employs a heating element, power source,7
electronic circuit, or other electronic, chemical or mechanical means, regardless8
of shape or size, that can be used to produce vapor from nicotine in a solution9
or other form. "Vapor product" includes any electronic cigarette, electronic10
cigar, electronic cigarillo, electronic pipe, or similar product or device and any11
vapor cartridge or other container of nicotine in a solution or other form that12
is intended to be used with or in an electronic cigarette, electronic cigar,13
electronic cigarillo, electronic pipe, or similar product or device. "Vapor14
product" does not include any:15
(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).16
(b) Device pursuant to 21 U.S.C. 321(h).17
(c) Combination product described in 21 U.S.C. 353(g).18
H.(1) A person who violates the provisions of this Section by selling or19
buying tobacco products, alternative nicotine products, or vapor products shall20
be fined not more than fifty dollars for the first violation. The penalties for21
subsequent violations shall be a fine of not more than one hundred dollars for the22
second violation, a fine of not more than two hundred fifty dollars for the third23
violation, and a fine of not more than four hundred dollars for any violation24
thereafter.25
(2) A person who violates the provisions of this Section by possessing26
tobacco products, alternative nicotine products, or vapor products shall be fined27
not more than fifty dollars for each violation.28
I. A violation of the signage requirement of Subsection C of this Section29 SB NO. 12
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shall be deemed to be a violation by the owner of the establishment where the1
violation occurred. A violation of the signage requirement of Subsection D of this2
Section shall be deemed to be a violation by the owner of the vending machine. For3
the first such violation, the owner shall be fined not more than fifty dollars. The4
penalties for subsequent violations shall be a fine of not more than one hundred5
dollars for the second violation, a fine of not more than two hundred fifty dollars for6
the third violation, and a fine of not more than five hundred dollars for any violation7
thereafter.8
J. The law enforcement agency issuing the citation or making the arrest or9
the clerk of the court in which a prosecution is initiated, as the case may be, shall10
notify the commissioner of the office of alcohol and tobacco control of the action and11
the final disposition of the matter.12
Section 2. R.S. 26:901, 902(1), 905(B), 909(A)(2), 910, 910.1, the introductory13
paragraph of 911(A) and (A)(1) and (2), the introductory paragraph of 917(A) and (C), and14
932(6) are hereby amended and reenacted to read as follows:15
§901. Definitions16
As used in this Chapter, the following terms have the meaning ascribed to17
them in this Section, unless the context clearly indicates otherwise:18
(1) "Alternative nicotine product" means any non-combustible product19
containing nicotine that is intended for human consumption, whether chewed,20
absorbed, dissolved, or ingested by any other means. "Alternative nicotine21
product" does not include any:22
(a) Tobacco product.23
(b) Vapor product.24
(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).25
(d) Device pursuant to 21 U.S.C. 321(h).26
(e) Combination product described in 21 U.S.C. 353(g).27
(2) "Brand family" has the meaning as set forth in R.S. 13:5072(1).28
(2)(3) "Cigar" includes any roll of tobacco for smoking, irrespective of size29 SB NO. 12
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or shape, and irrespective of the tobacco being flavored, adulterated, or mixed with1
any other ingredients, where such roll has a wrapper made chiefly of tobacco.2
(3)(4) "Cigarette" includes 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)(5) "Commissioner" means the commissioner of alcohol and tobacco8
control.9
(5)(6) "Dealer" includes every person who manufactures or purchases cigars,10
cigarettes, or other tobacco products for distribution or resale in this state. The term11
also means any person who imports cigars, cigarettes, or other tobacco products from12
any state or foreign country for distribution, sale, or consumption in this state.13
(6)(7) "Exporter license" means the stamping agent designation as set forth14
in R.S. 26:902(5)(b).15
(7)(8) "Facility" means a part or portion of an establishment which is16
designed so as to impede a minor's access to a vending machine by walls or other17
separation in combination with signs designed to notify the public that persons under18
the age of eighteen are prohibited from the area.19
(8)(9) A "knowing violation or failure" is a knowing or intentional engaging20
in conduct without a good faith belief that the conduct was consistent with the21
provisions of this Chapter.22
(9)(10) "Manufacturer" means anyone engaged in the manufacture,23
production, or foreign importation of tobacco products who sells to wholesalers.24
(10)(11) "Person" means any natural person, trustee, company, partnership,25
corporation, or other legal entity.26
(11)(12) "Place of business" means the place where the tobacco orders,27
alternative nicotine products orders, or vapor products orders are received, or28
where the taxable tobacco articles are sold, or if sold by a retail dealer upon a29 SB NO. 12
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railroad train or on or from any other vehicle, the vehicle on which or from which1
the taxable articles or alternative nicotine products or vapor products are sold by2
the retail dealer. It also includes the establishment where vending machines are3
located.4
(12)(13) "Purchase" means acquisition in any manner, for any consideration.5
The term shall include transporting or receiving product in connection with a6
purchase.7
(13)(14) "Retail dealer" includes every dealer other than a wholesale dealer,8
or manufacturer who sells or offers for sale cigars, cigarettes, or other tobacco9
products, alternative nicotine products, or vapor products, irrespective of quantity10
or the number of sales.11
(14)(15) "Sale" or "sell" means any transfer, exchange, or barter in any12
manner or by any means for any consideration. The term shall include distributing13
or shipping product in connection with a sale. References to a sale "in" or "into" a14
state refer to the state of the destination point of the product in the sale, without15
regard to where title was transferred. References to sale "from" a state refer to the16
sale of cigarettes that are located in that state to the destination in question without17
regard to where title was transferred.18
(15)(16) "Sales entity affiliate" means an entity that sells cigarettes that it19
acquires directly from a manufacturer or importer and is affiliated with that20
manufacturer or importer as established by documentation received directly from21
that manufacturer or importer to the satisfaction of the attorney general. Entities are22
affiliated with each other if one, directly or indirectly through one or more23
intermediaries, controls or is controlled by or is under common control with the24
other.25
(16)(17) "Secretary" means the secretary of the Department of Revenue and26
includes any of his duly authorized assistants.27
(17)(18) "Self-service display" means any display that contains tobacco28
products, alternative nicotine products, or vapor products, and is located in an29 SB NO. 12
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area openly accessible to the retail dealer's customers and from which such1
customers can readily access tobacco products, alternative nicotine products, or2
vapor products without the assistance of a salesperson. A display case that holds3
tobacco products, alternative nicotine products, or vapor products behind locked4
doors does not constitute a self-service display for purposes of this Chapter.5
(18)(19) "Smokeless tobacco" means any finely cut, ground, powdered, or6
leaf tobacco that is intended to be placed in the oral or nasal cavity.7
(19)(20) "Smoking tobacco" includes granulated, plug cut, crimp cut, ready8
rubbed, and any other kind and form of tobacco prepared in such manner as to be9
suitable for smoking in pipe or cigarette.10
(20)(21) "Stamp" means the impression, device, stamp, label, or print11
manufactured or printed as prescribed by the secretary by the use of which the tax12
levied hereunder is paid. By way of extension, and not limitation, the term "stamp"13
means any impression or character affixed to or which shall be stamped upon14
commodities by metered stamping machine or device by use of which the tax levied15
hereunder is paid.16
(21)(22) "Stamping agent" means a dealer that is authorized to affix tax17
stamps to packages or other containers of cigarettes under R.S. 47:843 et seq. or any18
dealer that is required to pay the excise tax or tobacco tax imposed pursuant to R.S.19
47:841 et seq. on cigarettes.20
(22)(23) "State directory" or "directory" means the directory compiled by the21
attorney general under R.S. 13:5073, or, in the case of reference to another state's22
directory, the directory compiled under the similar law in that other state.23
(23)(24) "Tobacconist" means any bona fide tobacco retailer engaged in24
receiving bulk smoking tobacco for the purpose of blending such tobacco for retail25
sale at a particular retail outlet where fifty percent or more of the total purchases for26
the preceding twelve months were purchases of tobacco products, excluding27
cigarettes.28
(24)(25) "Tobacco product" means any cigar, cigarette, smokeless tobacco,29 SB NO. 12
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or smoking tobacco.1
(26) "Vapor product" means any non-combustible product containing2
nicotine or other substances that employs a heating element, power source,3
electronic circuit, or other electronic, chemical or mechanical means, regardless4
of shape or size, that can be used to produce vapor from nicotine in a solution5
or other form. "Vapor product" includes any electronic cigarette, electronic6
cigar, electronic cigarillo, electronic pipe, or similar product or device and any7
vapor cartridge or other container of nicotine in a solution or other form that8
is intended to be used with or in an electronic cigarette, electronic cigar,9
electronic cigarillo, electronic pipe, or similar product or device. "Vapor10
product" does not include any:11
(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).12
(b) Device pursuant to 21 U.S.C. 321(h).13
(c) Combination product described in 21 U.S.C. 353(g).14
(25)(27) "Vending machine" means any mechanical, electric, or electronic15
self-service device which, upon insertion of money, tokens, or any other form of16
payment, automatically dispenses tobacco products, alternative nicotine products,17
or vapor products.18
(26)(28) "Vending machine operator" means any person who controls the use19
of one or more vending machines as to the supply of cigarettes or any tobacco20
products in the machine or the receipts from cigarettes vended through such21
machines.22
(27)(29) "Wholesale dealer" means a dealer whose principal business is that23
of a wholesaler, who sells cigarettes, cigars, or other tobacco products to retail24
dealers for purpose of resale, who is a bona fide wholesaler, and fifty percent of25
whose total tobacco sales are to retail stores other than its own or its subsidiaries26
within Louisiana. Wholesale dealer shall include any person in the state who27
acquires cigarettes solely for the purpose of resale in vending machines, provided28
such person services fifty or more cigarette vending machines in Louisiana other29 SB NO. 12
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than his own, and a Louisiana dealer who was affixing cigarette and tobacco stamps1
as of January 1, 1974.2
§902. Permits3
The commissioner shall issue as authorized by this Section the following4
types of permits and shall adopt rules and regulations that specify the identifying5
information that is required to appear on the face of each type of permit:6
(1) Retail Dealer Permit. A retail dealer permit shall be issued to a dealer7
other than a wholesale dealer or vending machine operator for each retail outlet8
where cigars, cigarettes, or other tobacco products, alternative nicotine products,9
or vapor products are offered for sale either over the counter or by vending10
machine.11
* * *12
§905. Renewal of a permit13
* * *14
B. If a dealer fails to file an application and pay the permit fees by the date15
established by the commissioner, there shall be added to the fee, in addition to other16
penalties provided in this Chapter, a delinquency penalty of twenty-five percent if17
the failure is not more than thirty days, with an additional twenty-five percent for18
each additional thirty days or fraction thereof during which the failure continues. If19
the dealer fails to make his application by the date established by the commissioner,20
the commissioner may, without notice or hearing, suspend his right to possess or sell21
tobacco products, alternative nicotine products, and vapor products.22
* * *23
§909. General requirements of eligibility24
A. The commissioner may suspend a permit previously issued or may refuse25
to grant a permit if, after a hearing and by a preponderance of the evidence, it is26
proven that the permittee, or an employee or agent thereof, or applicant either:27
* * *28
(2) Has violated the terms and provisions of R.S. 14:91.6 relative to the29 SB NO. 12
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unlawful distribution of tobacco products, alternative nicotine products, or vapor1
products.2
* * *3
§910. Vending machines4
In order to prevent persons under eighteen years of age from purchasing or5
receiving tobacco products, alternative nicotine products, or vapor products from6
vending machines, the sale or delivery of tobacco such products through a vending7
machine is prohibited unless either:8
(1) The machine is located in an establishment to which persons under the9
age of eighteen are denied access.10
(2) The machine is located in facilities where the dealer ensures that no11
person younger than eighteen years of age is present or permitted to enter at any time12
and the machine is located within the unobstructed line of sight of a dealer or a13
dealer's agent or employee who is responsible for preventing persons younger than14
eighteen years of age from purchasing tobacco products, alternative nicotine15
products, or vapor products through that machine.16
§910.1. Self-service displays17
A. In order to prevent persons under eighteen years of age from purchasing18
or receiving tobacco products, alternative nicotine products, or vapor products19
from self-service displays, the sale or delivery of tobacco such products through a20
self-service display is prohibited unless the machine is a vending machine as defined21
in R.S. 26:910 that complies with the terms and provisions of R.S. 26:910 that22
Section.23
B.(1) The provisions of this Section shall not apply to a tobacconist at a24
particular outlet or a retail tobacco business.25
(2) "Retail tobacco business" for purposes of this Section means a bona fide26
retail dealer engaged in the sale of tobacco products and accessories for retail sale27
where fifty percent or more of the total sales for the preceding twelve months,28
excluding fuel sales, were tobacco products, including cigarettes, alternative29 SB NO. 12
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nicotine products, or vapor products.1
(3) "Tobacconist at a particular outlet" for purposes of this Section means2
a bona fide retail dealer engaged in receiving bulk smoking tobacco for the purpose3
of blending such tobacco for retail sale at a particular retail outlet where fifty percent4
or more of the total purchases for the preceding twelve months were purchases of5
tobacco products, excluding cigarettes, alternative nicotine products, or vapor6
products.7
§911. Acts prohibited8
A. No person, agent, associate, employee, representative, or servant of any9
person shall permit any of the following acts to be done on or about any premises10
which sells or offers for sale tobacco products, alternative nicotine products, or11
vapor products:12
(1) Sell or serve tobacco products, alternative nicotine products, or vapor13
products over-the-counter in a retail establishment to any person under the age of14
eighteen unless such person submits a driver's license, selective service card, or other15
lawful identification which on its face establishes the age of the person as eighteen16
years or older and there is no reason to doubt the authenticity or correctness of the17
identification.18
(2) Violate the terms and provisions of R.S. 14:91.6 relative to the unlawful19
distribution of tobacco products, alternative nicotine products, or vapor products.20
* * *21
§917. Violations by employee; employer liability22
A. Sale of tobacco products, alternative nicotine products, or vapor23
products to a minor by a retail dealer's agent, associate, employee, representative,24
or servant shall be considered an act of the retail dealer for purposes of suspension,25
revocation, or assessment of civil penalties unless all of the following conditions26
exist:27
* * *28
C. The provisions of Subsection A of this Section shall not apply if a retail29 SB NO. 12
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dealer, or lawful retailer of alternative nicotine products or vapor products, as1
applicable, within one hundred eighty days from the hiring of an agent, associate,2
employee, representative, or servant can prove that he has made application to have3
the employee attend a training program or the retail dealer or lawful retailer, as4
applicable, has received an extension of time in which to comply from the5
commissioner because of unavailability of a training program.6
* * *7
§932. Definitions8
For purposes of this Chapter, the following terms have the respective9
meanings ascribed to them in this Chapter, unless a different meaning clearly appears10
from the context:11
* * *12
(6) "Server" means any employee of a vendor, other than security personnel,13
who is authorized to sell or serve alcoholic beverages, or tobacco products,14
alternative nicotine products, or vapor products in the normal course of his or her15
employment or deals with customers who purchase or consume alcoholic beverages16
or tobacco products. "Server" shall not include individuals employed on a temporary17
or casual basis by a bona fide hotel or motel for banquets, catering, or other special18
events.19
* * *20
Section 3. R.S. 47:851(C)(2) is hereby amended and reenacted to read as follows:21
§851. Dealers receiving unstamped and/or nontax paid cigarettes, cigars, and22
smoking tobaccos required to file monthly reports and maintain23
records; vending machine restrictions24
* * *25
C. Vending machine operators. 26
* * *27
(2) In accordance with state law prohibiting minors from purchasing tobacco28
products R.S. 14:91.8(D), vending machine operators shall affix a sticker in a29 SB NO. 12
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prominent place on each machine, in print not smaller than twenty-two point, sign1
or sticker in not less than 22-point type on the front of each machine stating,2
"Louisiana Law Prohibits the Purchase of Tobacco Products by Anyone Under Age3
17" "LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO4
PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR5
PRODUCTS TO PERSONS UNDER AGE 18" .6
* * *7
Section 4. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
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 any non-combustible product
containing nicotine that is intended for human consumption, whether chewed, absorbed,
dissolved, or ingested by any other means, but does not include any:
1. Tobacco product
2. Vapor product
3. Product that is a drug pursuant to federal law (21 U.S.C. 321(g)(1))
4. Device pursuant to federal law (21 U.S.C. 321(h))
5. Combination product described in federal law (21 U.S.C. 353(g))
Proposed law defines "vapor product" as any non-combustible product containing nicotine
or other substances that employs a heating element, power source, electronic circuit, or other
electronic, chemical or mechanical means, regardless of shape or size, that can be used to
produce vapor from nicotine in a solution or other form. Proposed law further provides that
"vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product or device and any vapor cartridge or other container of SB NO. 12
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
nicotine in a solution or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
Proposed law provides that "vapor product" does not include any:
(1)Product that is a drug pursuant to federal law (21 U.S.C. 321(g)(1))
(2)Device pursuant to federal law (21 U.S.C. 321(h))
(3)Combination product described in federal law (21 U.S.C. 353(g))
Present law prohibits the sale of tobacco to or the purchase or possession of tobacco by any
person under the age of 18 years.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the present law prohibition.
Present law provides that, in order to prevent persons under 18 years of age from purchasing
or receiving tobacco products from vending machines, the sale or delivery of tobacco
products through a vending machine is prohibited unless either:
(1)The machine is located in an establishment to which persons under the age of 18 are
denied access.
(2)The machine is located in facilities where the dealer ensures that no person younger
than 18 years of age is present or permitted to enter at any time, and the machine is
located within the unobstructed line of sight of a dealer or a dealer's agent or
employee who is responsible for preventing persons younger than 18 years of age
from purchasing tobacco products through that machine.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law provides that, in order to prevent persons under 18 years of age from purchasing
or receiving tobacco products from self-service displays, the sale or delivery of tobacco
products through a self-service display is prohibited unless the machine is a vending
machine that complies with the terms and provisions of present law.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law provides relative to retail dealer permits and the renewal of retail dealer permits
for the sale of cigars, cigarettes, and other tobacco products that are offered for sale either
over the counter or by vending machine.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law provides relative to the sale of tobacco products through vending machines and
self-service displays.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law defines "retail tobacco business" as a bona fide retail dealer engaged in the sale
of tobacco products and accessories for retail sale where fifty percent or more of the total
sales for the preceding 12 months, excluding fuel sales, were tobacco products, including
cigarettes. SB NO. 12
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words in boldface type and underscored are additions.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the definition of retail tobacco business.
Present law defines "tobacconist at a particular outlet" as a bona fide retail dealer engaged
in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale
at a particular retail outlet where fifty percent or more of the total purchases for the
preceding 12 months were purchases of tobacco products, excluding cigarettes.
Proposed law retains present law and also excludes alternative nicotine products and vapor
products from the definition of "tobacconist at a particular outlet".
Present law prohibits any person, agent, associate, employee, representative, or servant of
any person from selling or serving tobacco products over-the-counter in a retail
establishment to any person under the age of 18 years unless such person submits a driver's
license, selective service card, or other lawful identification that on its face establishes the
age of the person as 18 years or older and there is no reason to doubt the authenticity or
correctness of the identification. Present law further prohibits such persons from violating
present law relative to the unlawful distribution of tobacco products to minors.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the coverage of present law.
Present law provides that the sale of tobacco products to a minor by a retail dealer's agent,
associate, employee, representative, or servant is considered an act of the retail dealer except
under certain circumstances.
Proposed law retains present law and adds the sale of alternative nicotine products and vapor
products to the coverage of present law.
Present law provides that "server" means any employee of a vendor, other than security
personnel, who is authorized to sell or serve alcoholic beverages or tobacco products in the
normal course of his or her employment or deals with customers who purchase or consume
alcoholic beverages or tobacco products.
Proposed law retains present law and adds alternative nicotine products and vapor products
to the definition of "server".
Present law provides relative to dealers receiving unstamped and/or nontax paid cigarettes,
cigars, and smoking tobaccos required to file monthly reports and maintain records. Present
law further provides that vending machine operators must affix a sticker in a prominent place
on each machine, in print not smaller than twenty-two point, stating that "Louisiana Law
Prohibits the Purchase of Tobacco Products by Anyone Under Age 17".
Proposed law adds alternative nicotine products and vapor products to the coverage of
present law and changes the age to be stated in the sticker from 17 years to 18 years.
Proposed law otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:91.6(A) and 91.8, R.S. 26:901, 902(1), 905(B), 909(A)(2), 910, 910.1,
911(A)(intro para), (A)(1) and (2), 917(A)(intro para) and (C), and 932(6), and R.S.
47:851(C)(2); adds R.S. 14:91.6(B)(6) and (7)) SB NO. 12
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words in boldface type and underscored are additions.
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.
Senate Floor Amendments to engrossed bill
1. Changes definition of "alternative nicotine product" and adds definition of
"vapor product."
2. Adds vapor products to list of items covered by proposed law.