New Jersey Assembly Bill A2797

New Jersey 2022-2023 Regular Session

• Introduced: 2/28/22
• Refer: 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.