New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A2797

Introduced
2/28/22  

Caption

Revises requirements for sale of tobacco and vapor products; increases penalties for prohibited sales; increases fees for cigarette and vapor business licensure.

Impact

In addition to raising financial penalties, the bill mandates that retailers must implement electronic age verification systems to prevent sales to individuals under 21. This requirement aims to strengthen compliance and ensure better enforcement of age restrictions. Additionally, the bill imposes stricter restrictions on product display, mandating that tobacco products must be kept out of public reach unless the store only allows patrons over 21 years of age. This change reflects an effort to create an environment that minimizes access to these products among minors.

Summary

Assembly Bill A2797 introduces significant revisions to the sale and regulation of tobacco and vapor products in New Jersey. The bill aims to enhance public health protection by increasing penalties for retailers who violate underage sales laws. Currently, the penalties start at $250 for a first violation, but A2797 proposes to increase this to $500, $1,000 for a second violation, and up to $2,000 for third and subsequent violations. This change is intended to deter retailers from selling tobacco and vapor products to individuals under the age of 21, thereby reducing youth access to these products.

Contention

There are several notable points of contention surrounding the provisions of A2797. Critics pose concerns regarding the increased licensure fees for tobacco retailers, which rise from $50 to $500. This hike could disproportionately affect small business owners and create barriers to entry for new retailers. Furthermore, the bill prohibits selling electronic smoking devices that mimic other products, a move aimed at preventing marketing tactics that target younger consumers. While supporters argue this protects public health, opponents contend it may limit consumer choice and push some sales underground.

Additional_provisions

The bill also requires the establishment of a statewide database to track vapor products sold, ensuring compliance with state laws. This tracking will help identify illicit or unsafe products. Furthermore, the bill includes a provision to increase the regulatory authority of municipal governments, allowing them to impose additional fees on vapor businesses to fund compliance inspections. This dual approach of state regulation combined with local oversight aims to foster a more robust public health landscape.

Companion Bills

NJ S1039

Same As Revises requirements for sale of tobacco and vapor products; increases penalties for prohibited sales; increases fees for cigarette and vapor business licensure.

Previously Filed As

NJ S1039

Revises requirements for sale of tobacco and vapor products; increases penalties for prohibited sales; increases fees for cigarette and vapor business licensure.

NJ A3992

Increases penalties for certain prohibited sales of tobacco and vapor products.

NJ SB00367

An Act Concerning The Sale Of Electronic Nicotine Delivery Systems And Vapor Products And Increasing Penalties For Underage Sales Of Such Systems And Products, Cigarettes And Tobacco Products.

NJ HB07200

An Act Prohibiting The Sale Of Cigarettes, Tobacco Products, Electronic Nicotine Delivery Systems And Vapor Products To Persons Under Age Twenty-one.

NJ SB836

Relating to the prohibited sale of flavored cigarettes, e-cigarettes, and tobacco products and administrative penalties for the prohibited sales.

NJ HB3842

Relating to the prohibited sale of flavored cigarettes, e-cigarettes, and tobacco products and administrative penalties for the prohibited sales.

NJ SB920

Relating to the prohibited sale of flavored cigarettes, e- cigarettes, and tobacco products and administrative penalties for the prohibited sales.

NJ S2569

Limits "tobacco and vapor products sales tax" on cigars to up to $0.50 per cigar.

NJ HB792

Levies an additional tax on cigarettes and tobacco products and levies a tax on certain vapor products and electronic cigarettes

NJ HB2294

Increasing the required age to 21 to purchase or possess cigarettes and tobacco products including electronic cigarettes and establishing unlawful acts under the Kansas cigarette and tobacco products act and penalties for violations thereof.

Similar Bills

NJ S1039

Revises requirements for sale of tobacco and vapor products; increases penalties for prohibited sales; increases fees for cigarette and vapor business licensure.

NJ A4429

Requires licensure for manufacturers, distributors, wholesale dealers, and retail dealers of electronic smoking devices and related products.

HI SB1147

Relating To Tobacco Products.

MD SB1056

Cigarettes, Other Tobacco Products, and Electronic Smoking Devices - Revisions (Tobacco Retail Modernization Act of 2024)

HI SB63

Relating To Electronic Smoking Devices.

HI HB1328

Relating To Electronic Smoking Devices.

MD HB1180

Cigarettes, Other Tobacco Products, and Electronic Smoking Devices - Revisions (Tobacco Retail Modernization Act of 2024)

NJ S2667

Prohibits sale of flavored cigarettes, non-premium cigars, and oral nicotine pouches.