| 1 | 1 | | HOUSE BILL NO. 5198 A bill to amend 1915 PA 31, entitled "Youth tobacco act," (MCL 722.641 to 722.645) by amending the title, as amended by 2019 PA 18, and by adding section 2e. the people of the state of michigan enact: TITLE An act to prohibit the selling, giving, or furnishing of tobacco products, vapor products, and alternative nicotine products to minors; to prohibit the purchase, possession, or use of tobacco products, vapor products, and alternative nicotine products by minors; to regulate the retail sale of tobacco products, vapor products, alternative nicotine products, and liquid nicotine containers; to prohibit certain practices that relate to the distribution and sale of certain vapor products; to authorize the seizure, forfeiture, and destruction of certain vapor products; to prescribe penalties and civil sanctions; and to prescribe the powers and duties of certain state and local agencies and departments. Sec. 2e. (1) A person shall not advertise, distribute, market, offer for sale, or sell a vapor product by using either of the following: (a) In a trademark of the product or in the product's advertising, branding, design, marketing, or packaging, the terms "cake", "candy", "cupcake", "pastry", or "pie"; a variation of 1 or more of those terms; or any other term that references a type or brand of cake, candy, cupcake, pastry, or pie, including, but not limited to, a type or brand of cake, candy, cupcake, pastry, or pie that does not include the terms "cake", "candy", "cupcake", "pastry", or "pie" in its name or any of its slogans. (b) In a trademark of the product or in the product's advertising, branding, design, marketing, packaging, or trade dress, a depiction or signifier of any of the following: (i) A food, or a brand of food, marketed to minors, including, but not limited to, any of the following: (A) A cereal. (B) A cookie, ice cream, sherbet, sorbet, or other dessert. (C) A flavored beverage, juice, or other soft drink. (ii) A character, personality, or symbol known to appeal to minors, including, but not limited to, any of the following: (A) A celebrity. (B) A character in a comic book, movie, television show, or video game. (C) A unicorn or any other mythical creature. (iii) School supplies primarily used by minors, including, but not limited to, any of the following: (A) Erasers. (B) Highlighters. (C) Ink pens. (D) Pencils. (2) A person that violates subsection (1) is guilty of a misdemeanor punishable by a fine as follows: (a) For a first violation, not more than $100.00. (b) For a second violation, not more than $500.00. (c) For a third or subsequent violation, not more than $2,500.00. (3) A vapor product advertised, distributed, marketed, offered for sale, or sold in violation of subsection (1) is contraband subject to seizure, forfeiture, and destruction by an entity described in subsection (4) in a manner consistent with section 9 of the tobacco products tax act, 1993 PA 327, MCL 205.429. (4) One or more of the following entities may conduct a compliance check to ensure a person's compliance with this section: (a) The department of attorney general. (b) The department of state police. (c) A law enforcement agency of a county, city, village, or township. Enacting section 1. This amendatory act takes effect July 1, 2024. |
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| 25 | 25 | | HOUSE BILL NO. 5198 |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1915 PA 31, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Youth tobacco act," |
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| 32 | 32 | | |
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| 33 | 33 | | (MCL 722.641 to 722.645) by amending the title, as amended by 2019 PA 18, and by adding section 2e. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | TITLE |
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| 38 | 38 | | |
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| 39 | 39 | | An act to prohibit the selling, giving, or furnishing of tobacco products, vapor products, and alternative nicotine products to minors; to prohibit the purchase, possession, or use of tobacco products, vapor products, and alternative nicotine products by minors; to regulate the retail sale of tobacco products, vapor products, alternative nicotine products, and liquid nicotine containers; to prohibit certain practices that relate to the distribution and sale of certain vapor products; to authorize the seizure, forfeiture, and destruction of certain vapor products; to prescribe penalties and civil sanctions; and to prescribe the powers and duties of certain state and local agencies and departments. |
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| 40 | 40 | | |
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| 41 | 41 | | Sec. 2e. (1) A person shall not advertise, distribute, market, offer for sale, or sell a vapor product by using either of the following: |
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| 42 | 42 | | |
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| 43 | 43 | | (a) In a trademark of the product or in the product's advertising, branding, design, marketing, or packaging, the terms "cake", "candy", "cupcake", "pastry", or "pie"; a variation of 1 or more of those terms; or any other term that references a type or brand of cake, candy, cupcake, pastry, or pie, including, but not limited to, a type or brand of cake, candy, cupcake, pastry, or pie that does not include the terms "cake", "candy", "cupcake", "pastry", or "pie" in its name or any of its slogans. |
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| 44 | 44 | | |
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| 45 | 45 | | (b) In a trademark of the product or in the product's advertising, branding, design, marketing, packaging, or trade dress, a depiction or signifier of any of the following: |
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| 46 | 46 | | |
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| 47 | 47 | | (i) A food, or a brand of food, marketed to minors, including, but not limited to, any of the following: |
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| 48 | 48 | | |
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| 49 | 49 | | (A) A cereal. |
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| 50 | 50 | | |
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| 51 | 51 | | (B) A cookie, ice cream, sherbet, sorbet, or other dessert. |
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| 52 | 52 | | |
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| 53 | 53 | | (C) A flavored beverage, juice, or other soft drink. |
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| 54 | 54 | | |
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| 55 | 55 | | (ii) A character, personality, or symbol known to appeal to minors, including, but not limited to, any of the following: |
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| 56 | 56 | | |
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| 57 | 57 | | (A) A celebrity. |
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| 58 | 58 | | |
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| 59 | 59 | | (B) A character in a comic book, movie, television show, or video game. |
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| 60 | 60 | | |
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| 61 | 61 | | (C) A unicorn or any other mythical creature. |
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| 62 | 62 | | |
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| 63 | 63 | | (iii) School supplies primarily used by minors, including, but not limited to, any of the following: |
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| 64 | 64 | | |
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| 65 | 65 | | (A) Erasers. |
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| 66 | 66 | | |
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| 67 | 67 | | (B) Highlighters. |
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| 68 | 68 | | |
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| 69 | 69 | | (C) Ink pens. |
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| 70 | 70 | | |
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| 71 | 71 | | (D) Pencils. |
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| 72 | 72 | | |
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| 73 | 73 | | (2) A person that violates subsection (1) is guilty of a misdemeanor punishable by a fine as follows: |
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| 74 | 74 | | |
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| 75 | 75 | | (a) For a first violation, not more than $100.00. |
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| 76 | 76 | | |
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| 77 | 77 | | (b) For a second violation, not more than $500.00. |
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| 78 | 78 | | |
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| 79 | 79 | | (c) For a third or subsequent violation, not more than $2,500.00. |
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| 80 | 80 | | |
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| 81 | 81 | | (3) A vapor product advertised, distributed, marketed, offered for sale, or sold in violation of subsection (1) is contraband subject to seizure, forfeiture, and destruction by an entity described in subsection (4) in a manner consistent with section 9 of the tobacco products tax act, 1993 PA 327, MCL 205.429. |
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| 82 | 82 | | |
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| 83 | 83 | | (4) One or more of the following entities may conduct a compliance check to ensure a person's compliance with this section: |
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| 84 | 84 | | |
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| 85 | 85 | | (a) The department of attorney general. |
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| 86 | 86 | | |
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| 87 | 87 | | (b) The department of state police. |
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| 88 | 88 | | |
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| 89 | 89 | | (c) A law enforcement agency of a county, city, village, or township. |
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| 90 | 90 | | |
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| 91 | 91 | | Enacting section 1. This amendatory act takes effect July 1, 2024. |
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