Louisiana 2021 2021 Regular Session

Louisiana House Bill HB473 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 403 (HB 473) 2021 Regular Session	Mincey
Prior law prohibited the distribution of promotional samples of any tobacco product,
alternative nicotine product, or vapor product to persons under the age of 18.
New law raises the minimum age from 18 to 21 years.
Prior law prohibited 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.
New 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.
New law provides for legislative facts and findings.
Prior law further required signs at points of sale and on vending machines for tobacco
products.
New 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.
Prior law prohibited any person under the age of 18 from buying any tobacco product,
alternative nicotine product, or vapor product.
New law changes prior law by prohibiting the sale of any tobacco product, alternative
nicotine product, or vapor product to persons under the age of 21.
Prior law prohibited 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 was over 21 years old, or in a private residence, or when the product was
handled in the course and scope of employment and required in the performance of such
person's duties.
New law changes the age to 21.
Prior law required the commissioner of alcohol and tobacco control to annually conduct
random, unannounced inspections at locations where tobacco products were sold and
distributed.  Authorized the office of alcohol and tobacco control to enlist persons under the
age of 18 to test compliance if the testing was under the direct supervision of employees of
the office of alcohol and tobacco control and written parental consent was provided.
New law changes prior law allowing 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 new law.
Prior law allowed the purchase of tobacco products from vending machines and self-service
displays by persons 18 years of age or older.
New law changes prior law by raising the minimum age from 18 to 21 years of age.
Prior law prohibited the sale of tobacco products to anyone under the age of 18.
New law amends prior law by raising the minimum age from 18 to 21 years of age for
persons who may be sold tobacco products.  New law adds to prior law by requiring that all
persons engaging in the sale of tobacco products check the identification of any person
attempting to purchase such product. Prior law required 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".
New law updates the wording on signs required to be posted to reflect the minimum age
change from 18 to 21. 
Effective August 1, 2021.
(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), and 917(A)(intro. para.), and R.S. 47:851(C)(2);
Adds R.S. 26:901.1)