Gallot (SB 12) Act No. 278
Prior law prohibited the distribution of sample tobacco products to persons under the age of
18 years. New law retains prior law and adds alternative nicotine products to the prior law
prohibition.
New 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 of the following:
(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))
New 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. New 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
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.
New law provides that "vapor product" does not include any of the following:
(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))
Prior law prohibited the sale of tobacco to or the purchase or possession of tobacco by any
person under the age of 18 years. New law retains prior law and adds alternative nicotine
products and vapor products to the prior law prohibition.
Prior law provided 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 of the following applies:
(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.
New law retains prior law and adds alternative nicotine products and vapor products to the
coverage of prior law.
Prior law provided 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 prior law.
New law retains prior law and adds alternative nicotine products and vapor products to the
coverage of prior law. Prior law provided 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. New law retains prior law and adds alternative
nicotine products and vapor products to the coverage of prior law.
Prior law provided relative to the sale of tobacco products through vending machines and
self-service displays. New law retains prior law and adds alternative nicotine products and
vapor products to the coverage of prior law.
Prior law defined "retail tobacco business" as a bona fide retail dealer engaged in the sale of
tobacco products and accessories for retail sale where 50% or more of the total sales for the
preceding 12 months, excluding fuel sales, were tobacco products, including cigarettes.
New law retains prior law and adds alternative nicotine products and vapor products to the
definition of retail tobacco business.
Prior law defined "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 50% or more of the total purchases for the preceding 12
months were purchases of tobacco products, excluding cigarettes. New law retains prior law
and also excludes alternative nicotine products and vapor products from the definition of
"tobacconist at a particular outlet".
Prior law prohibited 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. Prior law further prohibited such persons from violating prior law relative to
the unlawful distribution of tobacco products to minors. New law retains prior law and adds
alternative nicotine products and vapor products to the coverage of prior law.
Prior law provided 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. New law retains prior law and adds the sale of alternative
nicotine products and vapor products to the coverage of prior law.
Prior law provided 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. New law retains prior law and adds alternative
nicotine products and vapor products to the definition of "server".
Prior law provided relative to dealers receiving unstamped and/or nontax paid cigarettes,
cigars, and smoking tobaccos required to file monthly reports and maintain records. Prior
law further provided that vending machine operators must affix a sticker in a prominent place
on each machine, in print not smaller than 22-two point, stating that "Louisiana Law
Prohibits the Purchase of Tobacco Products by Anyone Under Age 17". New law adds
alternative nicotine products and vapor products to the coverage of prior law and changes the
age to be stated in the sticker from 17 years to 18 years.
New law otherwise retains prior law.
Effective upon signature of the governor (May 28, 2014).
(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))