Louisiana 2021 2021 Regular Session

Louisiana House Bill HB473 Comm Sub / Analysis

                    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 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)