HLS 21RS-634 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 473
BY REPRESENTATIVE MINCEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TOBACCO/TOBACCO PRODUCTS: Provides relative to the age limitations to purchase
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), R.S. 26:793(C)(1), 910, 910.1(A), 911(A)(1), 917(A)(introductory
4 paragraph), and R.S. 47:851(C)(2), and to enact R.S. 26:901.1, relative to tobacco
5 products; to provide relative to alternative nicotine products and vapor products; to
6 provide relative to the unlawful distribution, sale, and possession; to raise the
7 minimum age of persons for sale, purchase, and possession; to provide for legislative
8 facts and findings; to require unannounced compliance checks; to require
9 identification under certain circumstances; to provide relative to vending machines
10 and self-service displays; to provide for violations; and to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 14:91.6(A) and 91.8(C), (D), (E), and (F)(1) and (2)(introductory
13paragraph) are hereby amended and reenacted to read as follows:
14 §91.6. Unlawful distribution of sample tobacco products, alternative nicotine
15 products, or vapor products to persons under age eighteen twenty-one;
16 penalty
17 A. No person shall distribute or cause to be distributed to persons under
18 eighteen twenty-one years of age a promotional sample of any tobacco product,
19 alternative nicotine product, or vapor product.
20 * * *
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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 consumer, within any location where tobacco
12 products, alterative nicotine products, vapor products, or vapor paraphernalia and
13 devices are available for purchase, that reads "LOUISIANA LAW PROHIBITS THE
14 SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR
15 VAPOR PRODUCTS, OR VAPOR PARAPHERNALIA AND DEVICES TO
16 PERSONS UNDER AGE 18 21". The sign shall also include a notice that displays
17 the telephone number for the Louisiana Tobacco Quitline (1-800-QUIT-NOW) and
18 the website for the Louisiana Tobacco Quitline (www.quitwithusla.org), as
19 determined by the state department of health 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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HB NO. 473
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 F.(1) It is unlawful for any person under the age of eighteen twenty-one to
4 possess any tobacco product, alternative nicotine product, or vapor product.
5 (2) However, it shall not be unlawful for a person under the age of eighteen
6 twenty-one to possess a tobacco product, alternative nicotine product, or vapor
7 product under any of the following circumstances:
8 * * *
9 Section 2. R.S. 26:793(C)(1), 910, 910.1(A), 911(A)(1), and 917(A)(introductory
10paragraph) are hereby amended and reenacted and R.S. 26:901.1 is hereby enacted to read
11as follows:
12 §793. Additional powers of the commissioner
13 * * *
14 C.(1) In order to ensure compliance with laws prohibiting the sale or service
15 of alcoholic beverages, tobacco, alternative nicotine, or vapor products to underage
16 persons, the commissioner shall at least once annually conduct random, unannounced
17 inspections compliance checks at locations where alcoholic beverages, tobacco, or
18 alternative nicotine, or vapor products are sold, served, or distributed. Persons under
19 over the age of eighteen or sixteen and under the age of twenty-one may shall be
20 enlisted by employees of the office of alcohol and tobacco control to test compliance,
21 but such persons may be used only if the testing is conducted under the direct
22 supervision of such employees and written parental consent has been provided if the
23 person is under the age of eighteen. Any person under the age of eighteen or twenty-
24 one shall either carry the person's own identification showing the person's correct
25 date of birth or shall carry no identification. A person under the age of eighteen or
26 twenty-one who carries identification shall, on request, present it to any seller or
27 server of alcoholic beverages, tobacco, or alternative nicotine or vapor products. In
28 addition, any person under the age of eighteen or twenty-one enlisted under this
29 Subsection shall truthfully answer any questions about the person's age. Except
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1 where expressly authorized in writing by the commissioner in furtherance of the
2 objectives of this Section, any other use of persons under the age of eighteen or
3 twenty-one to test compliance with the provisions of this Section or any other
4 prohibition of like or similar import shall be unlawful and the person or persons
5 responsible for such use shall be subject to the penalties prescribed in this Title or
6 R.S. 14:91.6, 91.8(H), 92, or 93.11. Unannounced follow-up compliance checks of
7 all noncompliant retailers are required within three months of any violation of this
8 Chapter. The results of all compliance checks shall be made publicly available.
9 * * *
10 §901.1 Facts and findings
11 A. The federal Further Consolidated Appropriations Act of 2020 (P.L. 116-
12 94) raised the federal minimum age for sale of tobacco products from eighteen years
13 old to twenty-one years old. The Section of that Act providing for this change
14 became known as "Tobacco 21" or "T21". The new federal minimum age of sale of
15 tobacco and tobacco products was effective immediately and applies to all retail
16 establishments and persons with no exceptions.
17 B.(1) Federal enforcement of the federal change in age is through the federal
18 block grant program for mental health and substance abuse. In 1992, Congress
19 enacted the Alcohol, Drug Abuse, and Mental Health Administration Reorganization
20 Act (P.L. 102-321), which included an amendment (Section 1926 known as the
21 Synar Amendment) aimed at decreasing youth access to tobacco. This amendment
22 requires states to enact and enforce laws regarding tobacco and tobacco product sales
23 in compliance with federal law in order to receive their full Substance Abuse
24 Prevention and Treatment Block Grant (SABG) award.
25 (2) T21 contained a transition period of three years from the date of
26 enactment before dollars may be withheld from a SABG award to a state for
27 noncompliance. The Act requires states to document and report to the secretary of
28 the federal Department of Health and Human Services efforts made to come into
29 compliance with federal law.
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1 (3) T21 provides for the United States Food and Drug Administration to
2 continue to conduct random and unannounced compliance check inspections on
3 tobacco product retailers to determine a retailer's compliance with federal law and
4 regulations. While T21 did not provide for a grace period or transition period for
5 tobacco retailers, the United States Food and Drug Administration has agreed to
6 continue to use minors under the age of eighteen for undercover buy inspections in
7 its compliance check program.
8 C.(1) In addition to the federal mandate, there is a growing body of evidence
9 about health problems related to tobacco and vapor use by youth.
10 (2) In 2016, the Substance Abuse and Mental Health Service Administration
11 conducted a national survey on drug use and health which showed that about ninety-
12 five percent of adult smokers began smoking before turning twenty-one years of age
13 and nearly eighty percent of them were daily smokers by the age of twenty-one. This
14 is significant because in 2014 the Surgeon General released a report entitled The
15 Health Consequences of Smoking: 50 Years of Progress which recognized that
16 adolescence and young adulthood are critical periods of growth and exposure to
17 nicotine can have lasting, negative consequences on brain development.
18 (3) Both the United States Food and Drug Administration and the United
19 States Centers for Disease Control and Prevention are working to investigate the
20 distressing incidents of severe respiratory illness and deaths associated with use of
21 vaping products and have issued consumer warnings and alerts on the matter. The
22 warnings and alerts include a recommendation that vaping products should never be
23 used by youth.
24 * * *
25 §910. Vending machines
26 A. In order to prevent persons under eighteen twenty-one years of age from
27 purchasing or receiving tobacco products, alternative nicotine products, or vapor
28 products from vending machines, the sale or delivery of such products through a
29 vending machine is prohibited unless either of the following apply:
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1 (1) The machine is located in an establishment to which persons under the
2 age of eighteen twenty-one are denied access.
3 (2) The machine is located in facilities where the dealer ensures that no
4 person younger than eighteen twenty-one years of age is present or permitted to enter
5 at any time and the machine is located within the unobstructed line of sight of a
6 dealer or a dealer's agent or employee who is responsible for preventing persons
7 younger than eighteen twenty-one years of age from purchasing tobacco products,
8 alternative nicotine products, or vapor products through that machine.
9 §910.1. Self-service displays
10 A. In order to prevent persons under eighteen twenty-one years of age from
11 purchasing or receiving tobacco products, alternative nicotine products, or vapor
12 products from self-service displays, the sale or delivery of such products through a
13 self-service display is prohibited unless the machine is a vending machine as defined
14 in R.S. 26:910 that complies with the terms and provisions of that Section.
15 * * *
16 §911. Acts prohibited
17 A. No person, agent, associate, employee, representative, or servant of any
18 person shall permit any of the following acts to be done on or about any premises
19 which sells or offers for sale tobacco products, alternative nicotine products, or vapor
20 products:
21 (1) Sell or serve tobacco products, alternative nicotine products, or vapor
22 products over-the-counter in a retail establishment to any person under the age of
23 eighteen unless such person submits twenty-one. All persons engaging in the retail
24 sale of tobacco products, alternative nicotine products, or vapor products shall check
25 the identification of tobacco purchasers to establish the age of the purchaser if the
26 person appears to be under the age of thirty. A person shall verify age by submitting
27 a driver's license, selective service card, or other lawful identification which on its
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1 face establishes the age of the person as eighteen twenty-one years or older and there
2 is no reason to doubt the authenticity or correctness of the identification.
3 * * *
4 §917. Violations by employee; employer liability
5 A. Sale of tobacco products, alternative nicotine products, or vapor products
6 to a minor person under twenty-one years of age by a retail dealer's agent, associate,
7 employee, representative, or servant shall be considered an act of the retail dealer for
8 purposes of suspension, revocation, or assessment of civil penalties unless all of the
9 following conditions exist:
10 * * *
11 Section 3. R.S. 47:851(C)(2) is hereby amended and reenacted to read as follows:
12 §851. Monthly reports required; dealers receiving unstamped cigarettes, cigars, and
13 smoking tobaccos; dealers receiving certain items for which taxes are not paid;
14 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 * * *
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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 473 Original 2021 Regular Session Mincey
Abstract: Raises the minimum age for the prohibition of the distribution or sale of tobacco,
alternative nicotine products, or vapor products from persons under the age of 18 to
those under the age of 21.
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.
Proposed law provides for legislative facts and findings.
Present law further requires signs at points of sale and on vending machines for tobacco
products.
Proposed law requires signs at the point of sale to be placed in a manner conspicuous to both
employees and consumers, within any 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, unless accompanied by a parent, spouse, or
legal guardian who is over 21 years old, or in a private residence, or when the product is
handled in the course and scope of employment and required in the performance of such
person's duties.
Proposed law changes the age to 21.
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 compliance checks, instead of inspections,
and requires that they take place at least once annually. Also, allows persons between the age
of 16 and 21 to be enlisted to test compliance. Further requires unannounced follow-up
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compliance checks of all noncompliant retailers within three months of any violation of
proposed law. The results of compliance checks are required to be made publicly available.
Present law allows for the purchase of tobacco products from vending machines and self-
service displays by persons 18 years of age or older.
Proposed law changes present law by raising the minimum age from 18 to 21 years of age.
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 age
for 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 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 to reflect the minimum age
change from 18 to 21.
(Amends R.S. 14:91.6(A) and 91.8(C), (D), (E), and (F)(1) and (2)(intro. para.), R.S.
26:793(C)(1), 910, 910.1(A), 911(A)(1), 917(A)(into. para.), and R.S. 47:851(C)(2); Adds
R.S. 26:901.1)
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