HLS 19RS-123 ENGROSSED
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) through (E), R.S. 26:793(C)(1), 910,
3 910.1(A), 911(A)(1), and 917, and R.S. 47:851(C)(2) and to repeal R.S. 14:91.8(F),
4 relative to offenses affecting general morality; to provide relative to the unlawful
5 distribution or sale of tobacco, alternative nicotine, or vapor products; to raise the
6 minimum age of persons relative to the distribution or sale of any tobacco,
7 alternative nicotine, or vapor product; to require unannounced compliance checks;
8 to increase the age of persons permitted to receive tobacco products from vending
9 machines; to increase the age of persons permitted to receive tobacco products from
10 self-serve displays; to require identification under certain circumstances; and to
11 provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 14:91.6(A) and 91.8(C) through (E) are hereby amended and
14reenacted to read as follows:
15 §91.6. Unlawful distribution of sample tobacco products, alternative nicotine
16 products, or vapor products to persons under age eighteen twenty-one;
17 penalty
18 A. No person shall distribute or cause to be distributed to persons under
19 eighteen twenty-one years of age a promotional sample of any tobacco product,
20 alternative nicotine product, or vapor product.
21 * * *
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1 §91.8. Unlawful sale, purchase, or possession of tobacco, alternative nicotine
2 product products, or vapor product products; signs required; penalties
3 * * *
4 C. It is unlawful for any manufacturer, distributor, retailer, or other person
5 knowingly to sell or distribute any tobacco product, alternative nicotine product, or
6 vapor product to a person under the age of eighteen twenty-one. However, it shall
7 not be unlawful for a person under the age of eighteen twenty-one to accept receipt
8 of a tobacco product, alternative nicotine product, or vapor product from an
9 employer when required in the performance of such person's duties. At the point of
10 purchase sale, a sign, in not less than 30-point type, shall be displayed in a manner
11 conspicuous to both employees and consumers, within six feet of each register and
12 any other location where tobacco products, alternative nicotine products, or vapor
13 products are available for purchase, that reads "LOUISIANA LAW PROHIBITS
14 THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE
15 PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER AGE 18 21". The
16 sign shall also include a notice that displays the telephone number for the Louisiana
17 Tobacco Quitline (1-800-QUIT-NOW) and the website for the Louisiana Tobacco
18 Quitline (www.quitwithusla.org), as determined by the state department of health
19 Louisiana Department of Health.
20 D. It is unlawful for a vending machine operator to place in use a vending
21 machine to vend any tobacco product, alternative nicotine product, or vapor product
22 automatically, unless the machine displays a sign or sticker in not less than 22-point
23 type on the front of the machine stating, "LOUISIANA LAW PROHIBITS THE
24 SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR
25 VAPOR PRODUCTS TO PERSONS UNDER AGE 18 21". The sign shall also
26 include a notice that displays the telephone number for the Louisiana Tobacco
27 Quitline (1-800-QUIT-NOW) and the website for the Louisiana Tobacco Quitline
28 (www.quitwithusla.org), as determined by the state department of health Louisiana
29 Department of Health.
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1 E. It is unlawful for any person under the age of eighteen twenty-one to buy
2 be sold any tobacco product, alternative nicotine product, or vapor product.
3 * * *
4 Section 2. R.S. 26:793(C)(1), 910, 910.1(A), 911(A)(1), and 917 are hereby
5amended and reenacted to read as follows:
6 §793. Violations by employee; employer liability
7 * * *
8 C.(1) In order to ensure compliance with laws prohibiting the sale or service
9 of alcoholic beverages, tobacco, alternative nicotine, or vapor products to underage
10 persons, the commissioner shall at least once annually conduct random, unannounced
11 inspections compliance checks at locations where alcoholic beverages, tobacco, or
12 alternative nicotine, or vapor products are sold, served, or distributed. Persons under
13 over the age of eighteen or twenty-one may shall be enlisted by employees of the
14 office of alcohol and tobacco control to test compliance, but such persons may be
15 used only if the testing is conducted under the direct supervision of such employees
16 and written parental consent has been provided if the person is under the age of
17 eighteen. Any person under the age of eighteen or twenty-one shall either carry the
18 person's own identification showing the person's correct date of birth or shall carry
19 no identification. A person under the age of eighteen or twenty-one who carries
20 identification shall, on request, present it to any seller or server of alcoholic
21 beverages, tobacco, or alternative nicotine or vapor products. In addition, any person
22 under the age of eighteen or twenty-one enlisted under this Subsection shall
23 truthfully answer any questions about the person's age. Except where expressly
24 authorized in writing by the commissioner in furtherance of the objectives of this
25 Section, any other use of persons under the age of eighteen or twenty-one to test
26 compliance with the provisions of this Section or any other prohibition of like or
27 similar import shall be unlawful and the person or persons responsible for such use
28 shall be subject to the penalties prescribed in this Title or R.S. 14:91.6, 91.8(H), 92,
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1 or 93.11. Unannounced follow-up compliance checks of all noncompliant retailers
2 are required within three months of any violation of this Chapter or the Prevention
3 of Youth Access to Tobacco Law. The results of all compliance checks shall be
4 made publicly available.
5 * * *
6 §910. Vending machines
7 In order to prevent persons under eighteen twenty-one years of age from
8 purchasing or receiving tobacco products, alternative nicotine products, or vapor
9 products from vending machines, the sale or delivery of such products through a
10 vending machine is prohibited unless either of the following apply:
11 (1) The machine is located in an establishment to which persons under the
12 age of eighteen twenty-one are denied access.
13 (2) The machine is located in facilities where the dealer ensures that no
14 person younger than eighteen twenty-one years of age is present or permitted to enter
15 at any time and the machine is located within the unobstructed line of sight of a
16 dealer or a dealer's agent or employee who is responsible for preventing persons
17 younger than eighteen twenty-one years of age from purchasing tobacco products,
18 alternative nicotine products, or vapor products through that machine.
19 §910.1. Self-service displays
20 A. In order to prevent persons under eighteen twenty-one years of age from
21 purchasing or receiving tobacco products, alternative nicotine products, or vapor
22 products from self-service displays, the sale or delivery of such products through a
23 self-service display is prohibited unless the machine is a vending machine as defined
24 in R.S. 26:910 that complies with the terms and provisions of that Section.
25 * * *
26 §911. Acts prohibited
27 A. No person, agent, associate, employee, representative, or servant of any
28 person shall permit any of the following acts to be done on or about any premises
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1 which sells or offers for sale tobacco products, alternative nicotine products, or vapor
2 products:
3 (1) Sell or serve tobacco products, alternative nicotine products, or vapor
4 products over-the-counter in a retail establishment to any person under the age of
5 eighteen twenty-one. All persons engaging in the retail sale of tobacco products,
6 alternative nicotine products, or vapor products shall check the identification of
7 tobacco purchasers to establish the age of the purchaser if the person appears to be
8 under the age of thirty. A person shall verify age by submitting unless such person
9 submits a driver's license, selective service card, or other lawful identification which
10 on its face establishes the age of the person as eighteen twenty-one years or older and
11 there is no reason to doubt the authenticity or correctness of the identification.
12 * * *
13 §917. Violations by employee; employer liability
14 A. Sale of tobacco products, alternative nicotine products, or vapor products
15 to a minor person under twenty-one years of age by a retail dealer's agent, associate,
16 employee, representative, or servant shall be considered an act of the retail dealer for
17 purposes of suspension, revocation, or assessment of civil penalties. unless all of the
18 following conditions exist:
19 (1) The employer requires employees to attend a commissioner-approved
20 seller training program.
21 (2) The employee actually attends the training program.
22 (3) The employer does not directly or indirectly encourage the employee to
23 violate the prohibited sales provisions of this Chapter.
24 B. The commissioner shall establish by administrative rule the minimum
25 requirements for an approved seller training program. Upon submission of an
26 application which establishes the course curriculum the commissioner may approve
27 seller training programs with the minimum requirements. Training courses may be
28 approved which are offered through private seminars or by accredited colleges or
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1 universities. The commissioner may charge an application fee in such amount as is
2 necessary to defray the expense of processing the application.
3 C. The provisions of Subsection A of this Section shall not apply if a retail
4 dealer, or lawful retailer of alternative nicotine products or vapor products, as
5 applicable, within one hundred eighty days from the hiring of an agent, associate,
6 employee, representative, or servant can prove that he has made application to have
7 the employee attend a training program or the retail dealer or lawful retailer, as
8 applicable, has received an extension of time in which to comply from the
9 commissioner because of unavailability of a training program.
10 Section 3. R.S. 47:851(C)(2) is hereby amended and reenacted to read as
11 follows:
12 §851. Monthly reports required; dealers receiving unstamped cigarettes, cigars, and
13 smoking tobaccos; dealers receiving certain items for which taxes are not
14 paid; vending machine restrictions
15 * * *
16 C. Vending machine operators.
17 * * *
18 (2) In accordance with R.S. 14:91.8(D), vending machine operators shall
19 affix a sign or sticker in not less than 22-point type on the front of each machine
20 stating, "LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS,
21 ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO
22 PERSONS UNDER AGE 18 21".
23 * * *
24 Section 4. R.S. 14:91.8(F) is hereby repealed in its entirety.
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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 Engrossed 2019 Regular Session Hoffmann
Abstract: Raises the minimum age for the distribution or sale of tobacco, alternative
nicotine products, 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.
Proposed law raises the minimum age from 18 to 21 years and removes the requirement for
knowledge in the sale or distribution of any tobacco product, alternative nicotine product,
or vapor product to persons under the age of 21.
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 requires signs at the point of sale to be placed in a manner conspicuous to both
employees and consumers, within 6 feet of each register and any other location where
tobacco products, alternative nicotine products, or vapor products are available for purchase.
Present law prohibits any person under the age of 18 from buying any tobacco product,
alternative nicotine product, or vapor product.
Proposed law changes present law by prohibiting the sale of any tobacco product, alternative
nicotine product, or vapor product to persons under the age of 21.
Present law prohibits any person under the age of 18 from possessing any tobacco product,
alternative nicotine product, or vapor product.
Proposed law repeals present law.
Present law requires the commissioner of alcohol and tobacco control to annually conduct
random, unannounced inspections at locations where tobacco products are sold and
distributed. The office of alcohol and tobacco control may enlist persons under the age of
18 to test compliance if the testing is under the direct supervision of employees of the office
of alcohol and tobacco control and written parental consent has been provided.
Proposed law changes present law by requiring that compliance checks, instead of
inspections, take place at least once annually. Persons under the age of 21 shall be enlisted
to test compliance. Further requires unannounced follow-up compliance checks of all
noncompliant retailers within 3 months of any violation of present law. The results of those
compliance checks are required to be made publicly available.
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Present law allows for the purchase of tobacco products from vending machines by persons
18 years of age or older.
Proposed law amends present law by raising the minimum age from 18 to 21 years of
persons who can purchase or receive tobacco products, alternative nicotine products, or
vapor products from vending machines.
Present law allows for the purchase of tobacco products from self-service displays by
persons 18 years of age or older.
Proposed law amends present law by raising the minimum age from 18 to 21 years of
persons who can purchase or receive tobacco products, alternative nicotine products, or
vapor products from self-service displays.
Present law prohibits the sale of tobacco products to anyone under the age of 18.
Proposed law amends present law by raising the minimum age from 18 to 21 years of
persons who may be sold tobacco products. Proposed law adds to present law by requiring
that all persons engaging in the sale of tobacco products check the identification of any
person attempting to purchase such product who appears under the age of 30.
Present law allows a retail dealer to meet certain conditions that would mitigate the
consequences suffered if that retailer is found to be in violation of present law. Present law
also requires the commissioner to establish by administrative rules the minimum
requirements for an approved seller training program. Present law also exempts a retailer
agent from the penalties of a violation if, within 180 days from the hiring of an agent, the
retailer can prove that he has made an application to have the employee attend a training
program.
Proposed law repeals present law.
Present law requires that signs at points of sale and on vending machines for tobacco
products reflect "LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS
TO PERSONS UNDER AGE 18".
Proposed law updates the wording on signs required to be posted on vending machines to
reflect the minimum age change from 18 to 21.
(Amends R.S. 14:91.6(A) and 91.8(C)-(E), R.S. 26:793(C)(1), 910, 910.1(A), 911(A)(1), and
917, and R.S. 47:851(C)(2); Repeals R.S. 14:91.8(F))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Revise present law by eliminating the words "purchase or possession".
2. Revise present law by removing the requirement that a manufacturer, distributor,
or retailer have actual knowledge that they are selling or distributing a tobacco
product, alternative nicotine product, or vapor product to a person under the age
of 21.
3. Revise present law by requiring the posting of signs at the point of sale instead
of at the point of purchase.
4. Add additional posting requirements for signs prohibiting the sale of tobacco
products, alternative nicotine products, or vapor products.
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5. Repeal provision that makes it unlawful for a person under the age of 18 to
possess tobacco products, alternative nicotine products, or vapor products.
6. Add to the powers of the commissioner of alcohol and tobacco control by
requiring unannounced follow-up compliance checks within 3 months of any
violation and mandate that the results of such check be made publicly available.
7. Raise the minimum age from 18 to 21 years of persons enlisted by employees of
the office of alcohol and tobacco control to test compliance.
8. Raise the minimum age from 18 to 21 years for any person purchasing tobacco
products or alternative nicotine products from vending machines and self-service
displays.
9. Require retailers to check the identification of anyone attempting to purchase
tobacco products or alternative nicotine products who appear to be under the age
of 30.
10.Repeal conditions under which the sale of tobacco products to a minor by a retail
dealer's agent, associate, employee, representative, or servant can be considered
the act of the retail dealer for the purposes of suspension, revocation, or
assessment of civil penalties.
11.Update the wording on signs required to be posted on vending machines to
reflect the minimum age change from 18 to 21 years.
12.Make technical changes.
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