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Regular Session, 2014 ENROLLED
SENATE BILL NO. 12
BY SENATORS GALLOT, DORSEY-COLOMB, PEACOCK, GARY SMI TH AND
THOMPSON AND REPRESENTATI VE COX
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
* * *18
(6) "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 of the following:22
(a) Tobacco product.23
(b) Vapor product.24
ACT No. 278 SB NO. 12 ENROLLED
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(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).1
(d) Device pursuant to 21 U.S.C. 321(h).2
(e) Combination product described in 21 U.S.C. 353(g).3
(7) "Vapor product" means any non-combustible product containing4
nicotine or other substances that employs a heating element, power source,5
electronic circuit, or other electronic, chemical or mechanical means, regardless6
of shape or size, that can be used to produce vapor from nicotine in a solution7
or other form. "Vapor product" includes any electronic cigarette, electronic8
cigar, electronic cigarillo, electronic pipe, or similar product or device and any9
vapor cartridge or other container of nicotine in a solution or other form that10
is intended to be used with or in an electronic cigarette, electronic cigar,11
electronic cigarillo, electronic pipe, or similar product or device. "Vapor12
product" does not include any of the following:13
(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).14
(b) Device pursuant to 21 U.S.C. 321(h).15
(c) Combination product described in 21 U.S.C. 353(g).16
* * *17
§91.8. Unlawful sale, purchase, or possession of tobacco, alternative nicotine18
product, or vapor product; signs required; penalties19
A. This Section shall be known and may be cited as the "Prevention of Youth20
Access to Tobacco Law".21
B. It is the intent of the legislature that enforcement of this Section shall be22
implemented in an equitable manner throughout the state. For the purpose of23
equitable and uniform implementation and application of state and local laws and24
regulations, the provisions of this Section shall supersede existing or subsequently25
adopted local ordinances or regulations which relate to the sale, promotion, and26
distribution of tobacco products, alternative nicotine product, or vapor product.27
It is the intent of the legislature that this Section shall be equitably enforced so as to28
ensure the eligibility for and receipt of any federal funds or grants the state now29
receives or may receive relating to the provisions of this Section.30 SB NO. 12 ENROLLED
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C. It is unlawful for any manufacturer, distributor, retailer, or other person1
knowingly to sell or distribute any tobacco product , alternative nicotine product,2
or vapor product to a person under the age of eighteen. However, it shall not be3
unlawful for a person under the age of eighteen to accept receipt of a tobacco4
product, alternative nicotine product, or vapor product from an employer when5
required in the performance of such person's duties. At the point of purchase, a sign6
in type not less than 30-point type shall be displayed that reads "LOUISIANA LAW7
PROHIBITS THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE8
NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER9
AGE 18".10
D. It is unlawful for a vending machine operator to place in use a vending11
machine to vend any tobacco product, alternative nicotine product, or vapor12
product automatically, unless the machine displays a sign or sticker in not less than13
22-point type on the front of the machine stating, "LOUISIANA LAW PROHIBITS14
THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE15
PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER AGE 18", or16
words of similar meaning.17
E. It is unlawful for any person under the age of eighteen to buy any tobacco18
product, alternative nicotine product, or vapor product.19
F.(1) It is unlawful for any person under the age of eighteen to possess any20
tobacco product, alternative nicotine product, or vapor product.21
(2) However, it shall not be unlawful for a person under the age of eighteen22
to possess a tobacco product, alternative nicotine product, or vapor product under23
any of the following circumstances:24
(a) When a person under eighteen years of age is accompanied by a parent,25
spouse, or legal guardian twenty-one years of age or older.26
(b) In private residences.27
(c) When the tobacco product, alternative nicotine product, or vapor28
product is handled during the course and scope of his employment and required in29
the performance of such person's duties.30 SB NO. 12 ENROLLED
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G. For purposes of this Section, the following definitions apply:1
(1) "Tobacco product" means any cigar, cigarette, smokeless tobacco, or2
smoking tobacco.3
(2) "Cigar" means any roll of tobacco for smoking, irrespective of size or4
shape, and irrespective of the tobacco being flavored, adulterated, or mixed with any5
other ingredients, where such roll has a wrapper made chiefly of tobacco.6
(3) "Cigarette" means any roll for smoking made wholly or in part of7
tobacco, irrespective of size or shape and irrespective of the tobacco being flavored,8
adulterated, or mixed with any other ingredient, where such roll has a wrapper or9
cover made of paper, or any other material, except where such wrapper is wholly or10
in greater part made of tobacco.11
(4) "Smokeless tobacco" means any finely cut, ground, powdered, or leaf12
tobacco that is intended to be placed in the oral or nasal cavity.13
(5) "Smoking tobacco" means granulated, plug cut, crimp cut, ready rubbed,14
and any other kind and form of tobacco prepared in such manner as to be suitable for15
smoking in a pipe or cigarette.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 nicotine19
product" does not include any:20
(a) Tobacco product.21
(b) Vapor product.22
(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).23
(d) Device pursuant to 21 U.S.C. 321(h).24
(e) Combination product described in 21 U.S.C. 353(g).25
(7) "Vapor product" means any non-combustible product containing26
nicotine or other substances that employs a heating element, power source,27
electronic circuit, or other electronic, chemical or mechanical means, regardless28
of shape or size, that can be used to produce vapor from nicotine in a solution29
or other form. "Vapor product" includes any electronic cigarette, electronic30 SB NO. 12 ENROLLED
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cigar, electronic cigarillo, electronic pipe, or similar product or device and any1
vapor cartridge or other container of nicotine in a solution or other form that2
is intended to be used with or in an electronic cigarette, electronic cigar,3
electronic cigarillo, electronic pipe, or similar product or device. "Vapor4
product" does not include any of the following:5
(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).6
(b) Device pursuant to 21 U.S.C. 321(h).7
(c) Combination product described in 21 U.S.C. 353(g).8
H.(1) A person who violates the provisions of this Section by selling or9
buying tobacco products, alternative nicotine products, or vapor products shall10
be fined not more than fifty dollars for the first violation. The penalties for11
subsequent violations shall be a fine of not more than one hundred dollars for the12
second violation, a fine of not more than two hundred fifty dollars for the third13
violation, and a fine of not more than four hundred dollars for any violation14
thereafter.15
(2) A person who violates the provisions of this Section by possessing16
tobacco products, alternative nicotine products, or vapor products shall be fined17
not more than fifty dollars for each violation.18
I. A violation of the signage requirement of Subsection C of this Section19
shall be deemed to be a violation by the owner of the establishment where the20
violation occurred. A violation of the signage requirement of Subsection D of this21
Section shall be deemed to be a violation by the owner of the vending machine. For22
the first such violation, the owner shall be fined not more than fifty dollars. The23
penalties for subsequent violations shall be a fine of not more than one hundred24
dollars for the second violation, a fine of not more than two hundred fifty dollars for25
the third violation, and a fine of not more than five hundred dollars for any violation26
thereafter.27
J. The law enforcement agency issuing the citation or making the arrest or28
the clerk of the court in which a prosecution is initiated, as the case may be, shall29
notify the commissioner of the office of alcohol and tobacco control of the action and30 SB NO. 12 ENROLLED
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the final disposition of the matter.1
Section 2. R.S. 26:901, 902(1), 905(B), 909(A)(2), 910, 910.1, the introductory2
paragraph of 911(A) and (A)(1) and (2), the introductory paragraph of 917(A) and (C), and3
932(6) are hereby amended and reenacted to read as follows:4
§901. Definitions5
As used in this Chapter, the following terms have the meaning ascribed to6
them in this Section, unless the context clearly indicates otherwise:7
(1) "Alternative nicotine product" means any non-combustible product8
containing nicotine that is intended for human consumption, whether chewed,9
absorbed, dissolved, or ingested by any other means. "Alternative nicotine10
product" does not include any of the following:11
(a) Tobacco product.12
(b) Vapor product.13
(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).14
(d) Device pursuant to 21 U.S.C. 321(h).15
(e) Combination product described in 21 U.S.C. 353(g).16
(2) "Brand family" has the meaning as set forth in R.S. 13:5072(1).17
(2)(3) "Cigar" includes any roll of tobacco for smoking, irrespective of size18
or shape, and irrespective of the tobacco being flavored, adulterated, or mixed with19
any other ingredients, where such roll has a wrapper made chiefly of tobacco.20
(3)(4) "Cigarette" includes any roll for smoking made wholly or in part of21
tobacco, irrespective of size or shape and irrespective of the tobacco being flavored,22
adulterated, or mixed with any other ingredient, where such roll has a wrapper or23
cover made of paper, or any other material except where such wrapper is wholly or24
in greater part made of tobacco.25
(4)(5) "Commissioner" means the commissioner of alcohol and tobacco26
control.27
(5)(6) "Dealer" includes every person who manufactures or purchases cigars,28
cigarettes, or other tobacco products for distribution or resale in this state. The term29
also means any person who imports cigars, cigarettes, or other tobacco products from30 SB NO. 12 ENROLLED
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any state or foreign country for distribution, sale, or consumption in this state.1
(6)(7) "Exporter license" means the stamping agent designation as set forth2
in R.S. 26:902(5)(b)(2)(a).3
(7)(8) "Facility" means a part or portion of an establishment which is4
designed so as to impede a minor's access to a vending machine by walls or other5
separation in combination with signs designed to notify the public that persons under6
the age of eighteen are prohibited from the area.7
(8)(9) A "knowing violation or failure" is a knowing or intentional engaging8
in conduct without a good faith belief that the conduct was consistent with the9
provisions of this Chapter.10
(9)(10) "Manufacturer" means anyone engaged in the manufacture,11
production, or foreign importation of tobacco products who sells to wholesalers.12
(10)(11) "Person" means any natural person, trustee, company, partnership,13
corporation, or other legal entity.14
(11)(12) "Place of business" means the place where the tobacco orders,15
alternative nicotine products orders, or vapor products orders are received, or16
where the taxable tobacco articles are sold, or if sold by a retail dealer upon a17
railroad train or on or from any other vehicle, the vehicle on which or from which18
the taxable articles or alternative nicotine products or vapor products are sold by19
the retail dealer. It also includes the establishment where vending machines are20
located.21
(12)(13) "Purchase" means acquisition in any manner, for any consideration.22
The term shall include transporting or receiving product in connection with a23
purchase.24
(13)(14) "Retail dealer" includes every dealer other than a wholesale dealer,25
or manufacturer who sells or offers for sale cigars, cigarettes, or other tobacco26
products, alternative nicotine products, or vapor products, irrespective of quantity27
or the number of sales.28
(14)(15) "Sale" or "sell" means any transfer, exchange, or barter in any29
manner or by any means for any consideration. The term shall include distributing30 SB NO. 12 ENROLLED
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or shipping product in connection with a sale. References to a sale "in" or "into" a1
state refer to the state of the destination point of the product in the sale, without2
regard to where title was transferred. References to sale "from" a state refer to the3
sale of cigarettes that are located in that state to the destination in question without4
regard to where title was transferred.5
(15)(16) "Sales entity affiliate" means an entity that sells cigarettes that it6
acquires directly from a manufacturer or importer and is affiliated with that7
manufacturer or importer as established by documentation received directly from8
that manufacturer or importer to the satisfaction of the attorney general. Entities are9
affiliated with each other if one, directly or indirectly through one or more10
intermediaries, controls or is controlled by or is under common control with the11
other.12
(16)(17) "Secretary" means the secretary of the Department of Revenue and13
includes any of his duly authorized assistants.14
(17)(18) "Self-service display" means any display that contains tobacco15
products, alternative nicotine products, or vapor products, and is located in an16
area openly accessible to the retail dealer's customers and from which such17
customers can readily access tobacco products, alternative nicotine products, or18
vapor products without the assistance of a salesperson. A display case that holds19
tobacco products, alternative nicotine products, or vapor products behind locked20
doors does not constitute a self-service display for purposes of this Chapter.21
(18)(19) "Smokeless tobacco" means any finely cut, ground, powdered, or22
leaf tobacco that is intended to be placed in the oral or nasal cavity.23
(19)(20) "Smoking tobacco" includes granulated, plug cut, crimp cut, ready24
rubbed, and any other kind and form of tobacco prepared in such manner as to be25
suitable for smoking in pipe or cigarette.26
(20)(21) "Stamp" means the impression, device, stamp, label, or print27
manufactured or printed as prescribed by the secretary by the use of which the tax28
levied hereunder is paid. By way of extension, and not limitation, the term "stamp"29
means any impression or character affixed to or which shall be stamped upon30 SB NO. 12 ENROLLED
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commodities by metered stamping machine or device by use of which the tax levied1
hereunder is paid.2
(21)(22) "Stamping agent" means a dealer that is authorized to affix tax3
stamps to packages or other containers of cigarettes under R.S. 47:843 et seq. or any4
dealer that is required to pay the excise tax or tobacco tax imposed pursuant to R.S.5
47:841 et seq. on cigarettes.6
(22)(23) "State directory" or "directory" means the directory compiled by the7
attorney general under R.S. 13:5073, or, in the case of reference to another state's8
directory, the directory compiled under the similar law in that other state.9
(23)(24) "Tobacconist" means any bona fide tobacco retailer engaged in10
receiving bulk smoking tobacco for the purpose of blending such tobacco for retail11
sale at a particular retail outlet where fifty percent or more of the total purchases for12
the preceding twelve months were purchases of tobacco products, excluding13
cigarettes.14
(24)(25) "Tobacco product" means any cigar, cigarette, smokeless tobacco,15
or smoking tobacco.16
(26) "Vapor product" means any non-combustible product containing17
nicotine or other substances that employs a heating element, power source,18
electronic circuit, or other electronic, chemical or mechanical means, regardless19
of shape or size, that can be used to produce vapor from nicotine in a solution20
or other form. "Vapor product" includes any electronic cigarette, electronic21
cigar, electronic cigarillo, electronic pipe, or similar product or device and any22
vapor cartridge or other container of nicotine in a solution or other form that23
is intended to be used with or in an electronic cigarette, electronic cigar,24
electronic cigarillo, electronic pipe, or similar product or device. "Vapor25
product" does not include any of the following:26
(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).27
(b) Device pursuant to 21 U.S.C. 321(h).28
(c) Combination product described in 21 U.S.C. 353(g).29
(25)(27) "Vending machine" means any mechanical, electric, or electronic30 SB NO. 12 ENROLLED
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self-service device which, upon insertion of money, tokens, or any other form of1
payment, automatically dispenses tobacco products, alternative nicotine products,2
or vapor products.3
(26)(28) "Vending machine operator" means any person who controls the use4
of one or more vending machines as to the supply of cigarettes or any tobacco5
products in the machine or the receipts from cigarettes vended through such6
machines.7
(27)(29) "Wholesale dealer" means a dealer whose principal business is that8
of a wholesaler, who sells cigarettes, cigars, or other tobacco products to retail9
dealers for purpose of resale, who is a bona fide wholesaler, and fifty percent of10
whose total tobacco sales are to retail stores other than its own or its subsidiaries11
within Louisiana. Wholesale dealer shall include any person in the state who12
acquires cigarettes solely for the purpose of resale in vending machines, provided13
such person services fifty or more cigarette vending machines in Louisiana other14
than his own, and a Louisiana dealer who was affixing cigarette and tobacco stamps15
as of January 1, 1974.16
§902. Permits17
The commissioner shall issue as authorized by this Section the following18
types of permits and shall adopt rules and regulations that specify the identifying19
information that is required to appear on the face of each type of permit:20
(1) Retail Dealer Permit. A retail dealer permit shall be issued to a dealer21
other than a wholesale dealer or vending machine operator for each retail outlet22
where cigars, cigarettes, or other tobacco products, alternative nicotine products,23
or vapor products are offered for sale either over the counter or by vending24
machine.25
* * *26
§905. Renewal of a permit27
* * *28
B. If a dealer fails to file an application and pay the permit fees by the date29
established by the commissioner, there shall be added to the fee, in addition to other30 SB NO. 12 ENROLLED
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penalties provided in this Chapter, a delinquency penalty of twenty-five percent if1
the failure is not more than thirty days, with an additional twenty-fi ve percent for2
each additional thirty days or fraction thereof during which the failure continues. If3
the dealer fails to make his application by the date established by the commissioner,4
the commissioner may, without notice or hearing, suspend his right to possess or sell5
tobacco products, alternative nicotine products, and vapor products.6
* * *7
§909. General requirements of eligibility8
A. The commissioner may suspend a permit previously issued or may refuse9
to grant a permit if, after a hearing and by a preponderance of the evidence, it is10
proven that the permittee, or an employee or agent thereof, or applicant either:11
* * *12
(2) Has violated the terms and provisions of R.S. 14:91.6 relative to the13
unlawful distribution of tobacco products, alternative nicotine products, or vapor14
products.15
* * *16
§910. Vending machines17
In order to prevent persons under eighteen years of age from purchasing or18
receiving tobacco products, alternative nicotine products, or vapor products from19
vending machines, the sale or delivery of tobacco such products through a vending20
machine is prohibited unless either of the following apply:21
(1) The machine is located in an establishment to which persons under the22
age of eighteen are denied access.23
(2) The machine is located in facilities where the dealer ensures that no24
person younger than eighteen years of age is present or permitted to enter at any time25
and the machine is located within the unobstructed line of sight of a dealer or a26
dealer's agent or employee who is responsible for preventing persons younger than27
eighteen years of age from purchasing tobacco products, alternative nicotine28
products, or vapor products through that machine.29
§910.1. Self-service displays30 SB NO. 12 ENROLLED
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A. In order to prevent persons under eighteen years of age from purchasing1
or receiving tobacco products, alternative nicotine products, or vapor products2
from self-service displays, the sale or delivery of tobacco such products through a3
self-service display is prohibited unless the machine is a vending machine as defined4
in R.S. 26:910 that complies with the terms and provisions of R.S. 26:910 that5
Section.6
B.(1) The provisions of this Section shall not apply to a tobacconist at a7
particular outlet or a retail tobacco business.8
(2) "Retail tobacco business" for purposes of this Section means a bona fide9
retail dealer engaged in the sale of tobacco products and accessories for retail sale10
where fifty percent or more of the total sales for the preceding twelve months,11
excluding fuel sales, were tobacco products, including cigarettes, alternative12
nicotine products, or vapor products.13
(3) "Tobacconist at a particular outlet" for purposes of this Section means14
a bona fide retail dealer engaged in receiving bulk smoking tobacco for the purpose15
of blending such tobacco for retail sale at a particular retail outlet where fifty percent16
or more of the total purchases for the preceding twelve months were purchases of17
tobacco products, excluding cigarettes, alternative nicotine products, or vapor18
products.19
§911. Acts prohibited20
A. No person, agent, associate, employee, representative, or servant of any21
person shall permit any of the following acts to be done on or about any premises22
which sells or offers for sale tobacco products, alternative nicotine products, or23
vapor products:24
(1) Sell or serve tobacco products, alternative nicotine products, or vapor25
products over-the-counter in a retail establishment to any person under the age of26
eighteen unless such person submits a driver's license, selective service card, or other27
lawful identification which on its face establishes the age of the person as eighteen28
years or older and there is no reason to doubt the authenticity or correctness of the29
identification.30 SB NO. 12 ENROLLED
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(2) Violate the terms and provisions of R.S. 14:91.6 relative to the unlawful1
distribution of tobacco products, alternative nicotine products, or vapor products.2
* * *3
§917. Violations by employee; employer liability4
A. Sale of tobacco products, alternative nicotine products, or vapor5
products to a minor by a retail dealer's agent, associate, employee, representative,6
or servant shall be considered an act of the retail dealer for purposes of suspension,7
revocation, or assessment of civil penalties unless all of the following conditions8
exist:9
* * *10
C. The provisions of Subsection A of this Section shall not apply if a retail11
dealer, or lawful retailer of alternative nicotine products or vapor products, as12
applicable, within one hundred eighty days from the hiring of an agent, associate,13
employee, representative, or servant can prove that he has made application to have14
the employee attend a training program or the retail dealer or lawful retailer, as15
applicable, has received an extension of time in which to comply from the16
commissioner because of unavailability of a training program.17
* * *18
§932. Definitions19
For purposes of this Chapter, the following terms have the respective20
meanings ascribed to them in this Chapter, unless a different meaning clearly appears21
from the context:22
* * *23
(6) "Server" means any employee of a vendor, other than security personnel,24
who is authorized to sell or serve alcoholic beverages, or tobacco products,25
alternative nicotine products, or vapor products in the normal course of his or her26
employment or deals with customers who purchase or consume alcoholic beverages27
or tobacco products. "Server" shall not include individuals employed on a temporary28
or casual basis by a bona fide hotel or motel for banquets, catering, or other special29
events.30 SB NO. 12 ENROLLED
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* * *1
Section 3. R.S. 47:851(C)(2) is hereby amended and reenacted to read as follows:2
§851. Dealers receiving unstamped and/or nontax paid cigarettes, cigars, and3
smoking tobaccos required to file monthly reports and maintain4
records; vending machine restrictions5
* * *6
C. Vending machine operators. 7
* * *8
(2) In accordance with state law prohibiting minors from purchasing tobacco9
products R.S. 14:91.8(D), vending machine operators shall affix a sticker in a10
prominent place on each machine, in print not smaller than twenty-two point, sign11
or sticker in not less than 22-point type on the front of each machine stating,12
"Louisiana Law Prohibits the Purchase of Tobacco Products by Anyone Under Age13
17" "LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO14
PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR15
PRODUCTS TO PERSONS UNDER AGE 18" .16
* * *17
Section 4. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: