HLS 19RS-123 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 38
BY REPRESENTATIVE HOFFMANN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Raises the minimum age relative to the distribution, sale, purchase, or possession
of tobacco products, alternative nicotine products, or vapor products
1 AN ACT
2To amend and reenact R.S. 14:91.6(A) and 91.8(C), (D), (E), and (F)(1) and (2)(introductory
3 paragraph) and (a), relative to offenses affecting general morality; to provide relative
4 to the unlawful distribution, sale, purchase, or possession of tobacco, alternative
5 nicotine, or vapor products; to raise the minimum age of persons relative to the
6 distribution, sale, purchase, or possession of any tobacco, alternative nicotine, or
7 vapor product; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 14:91.6(A) and 91.8(C), (D), (E), and (F)(1) and (2)(introductory
10paragraph) and (a) are hereby amended and reenacted to read as follows:
11 §91.6. Unlawful distribution of sample tobacco products, alternative nicotine
12 products, or vapor products to persons under age eighteen twenty-one;
13 penalty
14 A. No person shall distribute or cause to be distributed to persons under
15 eighteen twenty-one years of age a promotional sample of any tobacco product,
16 alternative nicotine product, or vapor product.
17 * * *
18 §91.8. Unlawful sale, purchase, or possession of tobacco, alternative nicotine
19 product products, or vapor product products; signs required; penalties
20 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-123 ORIGINAL
HB NO. 38
1 C. It is unlawful for any manufacturer, distributor, retailer, or other person
2 knowingly to sell or distribute any tobacco product, alternative nicotine product, or
3 vapor product to a person under the age of eighteen twenty-one. However, it shall
4 not be unlawful for a person under the age of eighteen twenty-one to accept receipt
5 of a tobacco product, alternative nicotine product, or vapor product from an
6 employer when required in the performance of such person's duties. At the point of
7 purchase, a sign, in not less than 30-point type, shall be displayed that reads
8 "LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS,
9 ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO
10 PERSONS UNDER AGE 18 21". The sign shall also include a notice that displays
11 the telephone number for the Louisiana Tobacco Quitline (1-800-QUIT-NOW) and
12 the website for the Louisiana Tobacco Quitline (www.quitwithusla.org), as
13 determined by the state department of health Louisiana Department of Health.
14 D. It is unlawful for a vending machine operator to place in use a vending
15 machine to vend any tobacco product, alternative nicotine product, or vapor product
16 automatically, unless the machine displays a sign or sticker in not less than 22-point
17 type on the front of the machine stating, "LOUISIANA LAW PROHIBITS THE
18 SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR
19 VAPOR PRODUCTS TO PERSONS UNDER AGE 18 21". The sign shall also
20 include a notice that displays the telephone number for the Louisiana Tobacco
21 Quitline (1-800-QUIT-NOW) and the website for the Louisiana Tobacco Quitline
22 (www.quitwithusla.org), as determined by the state department of health Louisiana
23 Department of Health.
24 E. It is unlawful for any person under the age of eighteen twenty-one to buy
25 any tobacco product, alternative nicotine product, or vapor product.
26 F.(1) It is unlawful for any person under the age of eighteen twenty-one to
27 possess any tobacco product, alternative nicotine product, or vapor product.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 38
1 (2) However, it shall not be unlawful for a person under the age of eighteen
2 twenty-one to possess a tobacco product, alternative nicotine product, or vapor
3 product under any of the following circumstances:
4 (a) When a person under eighteen twenty-one years of age is accompanied
5 by a parent, spouse, or legal guardian twenty-one years of age or older.
6 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 38 Original 2019 Regular Session Hoffmann
Abstract: Raises the minimum age for the distribution, sale, purchase, or possession of
tobacco, alternative nicotine, or vapor products from persons under the age of 18 to
those under 21 years of age.
Present law prohibits the distribution of promotional samples of any tobacco product,
alternative nicotine product, or vapor product to persons under the age of 18.
Proposed law raises the minimum age from 18 to 21 years.
Present law prohibits manufacturers, distributors, retailers, or other persons from selling or
distributing any tobacco product, alternative nicotine product, or vapor product to persons
under the age of 18. Present law further requires signs at points of sale and on vending
machines for tobacco products stating, "LOUISIANA LAW PROHIBITS THE SALE OF
TOBACCO PRODUCTS TO PERSONS UNDER AGE 18" .
Proposed law raises the minimum age from 18 to 21 years.
Present law prohibits any person under the age of 18 from buying and possessing any
tobacco product, alternative nicotine product, or vapor product.
Proposed law raises the minimum age from 18 to 21 years.
(Amends R.S. 14:91.6(A) and 91.8(C), (D), (E), and (F)(1) and (2)(intro. para.) and (a))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.