| 1 | | - | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Public Health and Welfare By: Senator(s) Bryan Senate Bill 2691 (As Sent to Governor) AN ACT TO AMEND SECTIONS 97-32-5, 97-32-11 AND 97-32-15, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE OF TOBACCO OR TOBACCO PRODUCTS TO THOSE UNDER 21 YEARS OF AGE; TO AMEND SECTION 97-32-23, MISSISSIPPI CODE OF 1972, TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 97-32-5, Mississippi Code of 1972, is amended as follows: 97-32-5. It shall be unlawful for any person, or retailer, to sell, barter, deliver or give tobacco products to any individual under * * * eighteen (18) twenty-one (21) years of age unless the individual under * * * eighteen (18) twenty-one (21) years of age holds a retailer's license to sell tobacco under Section 27-69-1 et seq. * * *, Mississippi Code of 1972. It shall be an absolute affirmative defense that the person selling, bartering, delivering or giving tobacco products over the counter in a retail establishment to an individual under * * * eighteen (18) twenty-one (21) years of age in violation of this article had requested and examined a government-issued photographic identification from such person establishing his age as at least * * * eighteen (18) twenty-one (21) years prior to selling such person a tobacco product. The failure of a seller, barterer, deliverer or giver of tobacco products over the counter in a retail establishment to request and examine photographic identification from a person under * * * eighteen (18) twenty-one (21) years of age prior to the sale of a tobacco product to such person if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product to be over the age of * * * eighteen (18) twenty-one (21) years, shall be construed against the seller, barterer, deliverer or giver and form a conclusive basis for the seller's violation of this section. It shall be an absolute affirmative defense that the person or entity giving tobacco products through the mail to an individual under * * * eighteen (18) twenty-one (21) years of age in violation of this article had requested and received documentary or written evidence from such person purportedly establishing his age to be at least * * * eighteen (18) twenty-one (21) years of age. Any person who violates this section shall be liable as follows: For a first conviction, a fine of Fifty Dollars ($50.00); for a second conviction, a fine of Seventy-five Dollars ($75.00); and for all subsequent convictions, a fine of One Hundred Fifty Dollars ($150.00) shall be imposed. Any person found in violation of this section shall be issued a citation and the holder of the retailer permit shall be sent notification of this citation by registered mail by the law enforcement agency issuing the citation. Notification shall include the opportunity for hearing before the appropriate court. For a first conviction, the retailer shall be sent a warning letter informing him of the retailer's responsibility in the selling of tobacco products. For a second conviction, the retailer, or retailer's designee, shall be required to enroll in and complete a "Retailer Tobacco Education Program." For a third or subsequent violation of this section by any retailer, within one (1) year of the two (2) prior violations, any retailer's permit issued pursuant to Section 27-69-1 et seq., * * * Mississippi Code of 1972, may be revoked or suspended for a period of at least one (1) year after notice and opportunity for hearing. If said permit is revoked by the Department of Revenue, the retailer may not reapply for a permit to sell tobacco for a period of six (6) months. For the purposes of this section, "subsequent violations" are those committed at the same place of business. It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this article are enforced. It shall not be considered a violation of this section on the part of any law enforcement officer or person under * * * eighteen (18) twenty-one (21) years of age for any law enforcement officer of this state to use persons under * * * eighteen (18) twenty-one (21) years of age to purchase or attempt to purchase tobacco products for the purpose of monitoring compliance with this section, as long as those persons are supervised by duly authorized law enforcement agency officials. Any law enforcement agency conducting enforcement efforts undertaken pursuant to this article shall prepare a report as prescribed by the Attorney General which includes the number of unannounced inspections conducted by the agency, a summary of enforcement actions taken pursuant to this article, the name and permit number of the retailer pursuant to Section 27-69-1 et seq., * * * Mississippi Code of 1972, and final judicial disposition on all enforcement actions. Reports shall be forwarded to the Office of the Attorney General within twenty (20) working days of the final judicial disposition. On notification from local law enforcement that a retailer has violated this article so as to warrant a revocation of the retailer's permit, the Attorney General shall notify in writing the Department of Revenue within twenty (20) working days. In accordance with the procedures of Section 27-69-9, * * * Mississippi Code of 1972, the Department of Revenue shall initiate revocation procedures of the retailer's permit. The Office of the Attorney General shall provide legal assistance in revocation procedures when requested by the Department of Revenue. SECTION 2. Section 97-32-11, Mississippi Code of 1972, is amended as follows: 97-32-11. Point of sale warning signs are required, and each seller shall place and maintain in legible condition, at each point of sale of tobacco products to consumers, a sign no smaller than eight and one-half (8-1/2) by eleven (11) inches or ninety-three (93) square inches stating: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF * * * 18 21 YEARS. PROOF OF AGE REQUIRED." Any person who violates this section shall be punished by a penalty of not more than One Hundred Dollars ($100.00). SECTION 3. Section 97-32-15, Mississippi Code of 1972, is amended as follows: 97-32-15. It shall be unlawful for any person to sell tobacco products through a vending machine, unless the vending machine is located in an establishment to which individuals under the age of * * * eighteen (18) twenty-one (21) years are denied access or are required to be accompanied by an adult. A person who violates this section shall be punished by a penalty of not more than Two Hundred Fifty Dollars ($250.00). SECTION 4. Section 97-32-23, Mississippi Code of 1972, is amended as follows: 97-32-23. It shall be unlawful to publish the name or identity of any person under the age of * * * eighteen (18) twenty-one (21) years who is convicted or adjudicated of any violation of this article. SECTION 5. This act shall take effect and be in force from and after its passage. |
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| 1 | + | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Public Health and Welfare By: Senator(s) Bryan Senate Bill 2691 (As Passed the Senate) AN ACT TO AMEND SECTIONS 97-32-5, 97-32-11 AND 97-32-15, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE OF TOBACCO OR TOBACCO PRODUCTS TO THOSE UNDER 21 YEARS OF AGE; TO AMEND SECTION 97-32-23, MISSISSIPPI CODE OF 1972, TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 97-32-5, Mississippi Code of 1972, is amended as follows: 97-32-5. It shall be unlawful for any person, or retailer, to sell, barter, deliver or give tobacco products to any individual under * * * eighteen (18) twenty-one (21) years of age unless the individual under * * * eighteen (18) twenty-one (21) years of age holds a retailer's license to sell tobacco under Section 27-69-1 et seq. * * *, Mississippi Code of 1972. It shall be an absolute affirmative defense that the person selling, bartering, delivering or giving tobacco products over the counter in a retail establishment to an individual under * * * eighteen (18) twenty-one (21) years of age in violation of this article had requested and examined a government-issued photographic identification from such person establishing his age as at least * * * eighteen (18) twenty-one (21) years prior to selling such person a tobacco product. The failure of a seller, barterer, deliverer or giver of tobacco products over the counter in a retail establishment to request and examine photographic identification from a person under * * * eighteen (18) twenty-one (21) years of age prior to the sale of a tobacco product to such person if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product to be over the age of * * * eighteen (18) twenty-one (21) years, shall be construed against the seller, barterer, deliverer or giver and form a conclusive basis for the seller's violation of this section. It shall be an absolute affirmative defense that the person or entity giving tobacco products through the mail to an individual under * * * eighteen (18) twenty-one (21) years of age in violation of this article had requested and received documentary or written evidence from such person purportedly establishing his age to be at least * * * eighteen (18) twenty-one (21) years of age. Any person who violates this section shall be liable as follows: For a first conviction, a fine of Fifty Dollars ($50.00); for a second conviction, a fine of Seventy-five Dollars ($75.00); and for all subsequent convictions, a fine of One Hundred Fifty Dollars ($150.00) shall be imposed. Any person found in violation of this section shall be issued a citation and the holder of the retailer permit shall be sent notification of this citation by registered mail by the law enforcement agency issuing the citation. Notification shall include the opportunity for hearing before the appropriate court. For a first conviction, the retailer shall be sent a warning letter informing him of the retailer's responsibility in the selling of tobacco products. For a second conviction, the retailer, or retailer's designee, shall be required to enroll in and complete a "Retailer Tobacco Education Program." For a third or subsequent violation of this section by any retailer, within one (1) year of the two (2) prior violations, any retailer's permit issued pursuant to Section 27-69-1 et seq., * * * Mississippi Code of 1972, may be revoked or suspended for a period of at least one (1) year after notice and opportunity for hearing. If said permit is revoked by the Department of Revenue, the retailer may not reapply for a permit to sell tobacco for a period of six (6) months. For the purposes of this section, "subsequent violations" are those committed at the same place of business. It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this article are enforced. It shall not be considered a violation of this section on the part of any law enforcement officer or person under * * * eighteen (18) twenty-one (21) years of age for any law enforcement officer of this state to use persons under * * * eighteen (18) twenty-one (21) years of age to purchase or attempt to purchase tobacco products for the purpose of monitoring compliance with this section, as long as those persons are supervised by duly authorized law enforcement agency officials. Any law enforcement agency conducting enforcement efforts undertaken pursuant to this article shall prepare a report as prescribed by the Attorney General which includes the number of unannounced inspections conducted by the agency, a summary of enforcement actions taken pursuant to this article, the name and permit number of the retailer pursuant to Section 27-69-1 et seq., * * * Mississippi Code of 1972, and final judicial disposition on all enforcement actions. Reports shall be forwarded to the Office of the Attorney General within twenty (20) working days of the final judicial disposition. On notification from local law enforcement that a retailer has violated this article so as to warrant a revocation of the retailer's permit, the Attorney General shall notify in writing the Department of Revenue within twenty (20) working days. In accordance with the procedures of Section 27-69-9, * * * Mississippi Code of 1972, the Department of Revenue shall initiate revocation procedures of the retailer's permit. The Office of the Attorney General shall provide legal assistance in revocation procedures when requested by the Department of Revenue. SECTION 2. Section 97-32-11, Mississippi Code of 1972, is amended as follows: 97-32-11. Point of sale warning signs are required, and each seller shall place and maintain in legible condition, at each point of sale of tobacco products to consumers, a sign no smaller than eight and one-half (8-1/2) by eleven (11) inches or ninety-three (93) square inches stating: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF * * * 18 21 YEARS. PROOF OF AGE REQUIRED." Any person who violates this section shall be punished by a penalty of not more than One Hundred Dollars ($100.00). SECTION 3. Section 97-32-15, Mississippi Code of 1972, is amended as follows: 97-32-15. It shall be unlawful for any person to sell tobacco products through a vending machine, unless the vending machine is located in an establishment to which individuals under the age of * * * eighteen (18) twenty-one (21) years are denied access or are required to be accompanied by an adult. A person who violates this section shall be punished by a penalty of not more than Two Hundred Fifty Dollars ($250.00). SECTION 4. Section 97-32-23, Mississippi Code of 1972, is amended as follows: 97-32-23. It shall be unlawful to publish the name or identity of any person under the age of * * * eighteen (18) twenty-one (21) years who is convicted or adjudicated of any violation of this article. SECTION 5. This act shall take effect and be in force from and after its passage. |
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| 14 | 14 | | |
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| 15 | 15 | | AN ACT TO AMEND SECTIONS 97-32-5, 97-32-11 AND 97-32-15, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE OF TOBACCO OR TOBACCO PRODUCTS TO THOSE UNDER 21 YEARS OF AGE; TO AMEND SECTION 97-32-23, MISSISSIPPI CODE OF 1972, TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. |
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| 16 | 16 | | |
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| 17 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 18 | 18 | | |
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| 19 | 19 | | SECTION 1. Section 97-32-5, Mississippi Code of 1972, is amended as follows: |
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| 20 | 20 | | |
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| 21 | 21 | | 97-32-5. It shall be unlawful for any person, or retailer, to sell, barter, deliver or give tobacco products to any individual under * * * eighteen (18) twenty-one (21) years of age unless the individual under * * * eighteen (18) twenty-one (21) years of age holds a retailer's license to sell tobacco under Section 27-69-1 et seq. * * *, Mississippi Code of 1972. |
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| 22 | 22 | | |
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| 23 | 23 | | It shall be an absolute affirmative defense that the person selling, bartering, delivering or giving tobacco products over the counter in a retail establishment to an individual under * * * eighteen (18) twenty-one (21) years of age in violation of this article had requested and examined a government-issued photographic identification from such person establishing his age as at least * * * eighteen (18) twenty-one (21) years prior to selling such person a tobacco product. The failure of a seller, barterer, deliverer or giver of tobacco products over the counter in a retail establishment to request and examine photographic identification from a person under * * * eighteen (18) twenty-one (21) years of age prior to the sale of a tobacco product to such person if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product to be over the age of * * * eighteen (18) twenty-one (21) years, shall be construed against the seller, barterer, deliverer or giver and form a conclusive basis for the seller's violation of this section. |
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| 24 | 24 | | |
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| 25 | 25 | | It shall be an absolute affirmative defense that the person or entity giving tobacco products through the mail to an individual under * * * eighteen (18) twenty-one (21) years of age in violation of this article had requested and received documentary or written evidence from such person purportedly establishing his age to be at least * * * eighteen (18) twenty-one (21) years of age. |
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| 26 | 26 | | |
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| 27 | 27 | | Any person who violates this section shall be liable as follows: For a first conviction, a fine of Fifty Dollars ($50.00); for a second conviction, a fine of Seventy-five Dollars ($75.00); and for all subsequent convictions, a fine of One Hundred Fifty Dollars ($150.00) shall be imposed. |
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| 28 | 28 | | |
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| 29 | 29 | | Any person found in violation of this section shall be issued a citation and the holder of the retailer permit shall be sent notification of this citation by registered mail by the law enforcement agency issuing the citation. Notification shall include the opportunity for hearing before the appropriate court. For a first conviction, the retailer shall be sent a warning letter informing him of the retailer's responsibility in the selling of tobacco products. For a second conviction, the retailer, or retailer's designee, shall be required to enroll in and complete a "Retailer Tobacco Education Program." |
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| 30 | 30 | | |
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| 31 | 31 | | For a third or subsequent violation of this section by any retailer, within one (1) year of the two (2) prior violations, any retailer's permit issued pursuant to Section 27-69-1 et seq., * * * Mississippi Code of 1972, may be revoked or suspended for a period of at least one (1) year after notice and opportunity for hearing. If said permit is revoked by the Department of Revenue, the retailer may not reapply for a permit to sell tobacco for a period of six (6) months. For the purposes of this section, "subsequent violations" are those committed at the same place of business. |
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| 32 | 32 | | |
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| 33 | 33 | | It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this article are enforced. |
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| 34 | 34 | | |
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| 35 | 35 | | It shall not be considered a violation of this section on the part of any law enforcement officer or person under * * * eighteen (18) twenty-one (21) years of age for any law enforcement officer of this state to use persons under * * * eighteen (18) twenty-one (21) years of age to purchase or attempt to purchase tobacco products for the purpose of monitoring compliance with this section, as long as those persons are supervised by duly authorized law enforcement agency officials. |
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| 36 | 36 | | |
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| 37 | 37 | | Any law enforcement agency conducting enforcement efforts undertaken pursuant to this article shall prepare a report as prescribed by the Attorney General which includes the number of unannounced inspections conducted by the agency, a summary of enforcement actions taken pursuant to this article, the name and permit number of the retailer pursuant to Section 27-69-1 et seq., * * * Mississippi Code of 1972, and final judicial disposition on all enforcement actions. Reports shall be forwarded to the Office of the Attorney General within twenty (20) working days of the final judicial disposition. |
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| 38 | 38 | | |
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| 39 | 39 | | On notification from local law enforcement that a retailer has violated this article so as to warrant a revocation of the retailer's permit, the Attorney General shall notify in writing the Department of Revenue within twenty (20) working days. |
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| 40 | 40 | | |
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| 41 | 41 | | In accordance with the procedures of Section 27-69-9, * * * Mississippi Code of 1972, the Department of Revenue shall initiate revocation procedures of the retailer's permit. The Office of the Attorney General shall provide legal assistance in revocation procedures when requested by the Department of Revenue. |
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| 42 | 42 | | |
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| 43 | 43 | | SECTION 2. Section 97-32-11, Mississippi Code of 1972, is amended as follows: |
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| 44 | 44 | | |
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| 45 | 45 | | 97-32-11. Point of sale warning signs are required, and each seller shall place and maintain in legible condition, at each point of sale of tobacco products to consumers, a sign no smaller than eight and one-half (8-1/2) by eleven (11) inches or ninety-three (93) square inches stating: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF * * * 18 21 YEARS. PROOF OF AGE REQUIRED." |
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| 46 | 46 | | |
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| 47 | 47 | | Any person who violates this section shall be punished by a penalty of not more than One Hundred Dollars ($100.00). |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 3. Section 97-32-15, Mississippi Code of 1972, is amended as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | 97-32-15. It shall be unlawful for any person to sell tobacco products through a vending machine, unless the vending machine is located in an establishment to which individuals under the age of * * * eighteen (18) twenty-one (21) years are denied access or are required to be accompanied by an adult. A person who violates this section shall be punished by a penalty of not more than Two Hundred Fifty Dollars ($250.00). |
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| 52 | 52 | | |
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| 53 | 53 | | SECTION 4. Section 97-32-23, Mississippi Code of 1972, is amended as follows: |
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| 54 | 54 | | |
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| 55 | 55 | | 97-32-23. It shall be unlawful to publish the name or identity of any person under the age of * * * eighteen (18) twenty-one (21) years who is convicted or adjudicated of any violation of this article. |
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| 56 | 56 | | |
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| 57 | 57 | | SECTION 5. This act shall take effect and be in force from and after its passage. |
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