Bill Text: NJ S1942 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits sale of tobacco products and electronic smoking devices at certain pharmacies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1942 Detail]
Download: New_Jersey-2024-S1942-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Prohibits sale of tobacco products and electronic smoking devices at certain pharmacies.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning tobacco and electronic smoking devices and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person, either directly or indirectly by an agent or employee, or by a vending machine located on the premises, shall sell or offer for sale at a pharmacy practice site that has been issued a permit under P.L.2003, c.280 (C.45:14-40 et seq.), or at a business entity that has a pharmacy practice site located on its premises:
(1) any cigarettes made of tobacco or of any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco; or
(2) any electronic smoking device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device or related product.
b. Nothing in subsection a. of this section shall be construed to prohibit a pharmacy practice site or business entity that has a pharmacy practice site located on its premises from selling or offering for sale smoking cessation products approved by the federal Food and Drug Administration, and nothing in subsection a. of this section shall be construed to prohibit a pharmacy practice site, or a business entity that has a pharmacy practice site located on its premises, that has been issued a medical cannabis dispensary permit pursuant to P.L.2009, c.307 (C.24:6I-1 et al.), from dispensing medical cannabis in any authorized form, as well as paraphernalia and related supplies, to registered qualifying patients.
c. The owner of a pharmacy practice site or a business entity that has a pharmacy practice site located on its premises that violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of
the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
d. In addition to the provisions of subsection c. of this section, a pharmacy practice site at which a violation of subsection a. of this section occurs may be subject to disciplinary action by the Board of Pharmacy, and a business entity that has a pharmacy practice site located on its premises at which a violation of subsection a. of this section occurs may be subject to disciplinary action by an agency, board, office, or other appropriate governmental entity having jurisdiction.
e. The provisions of subsection a. of this section shall not apply to a department store or food retailer that is licensed to operate a pharmacy practice site on its premises or that leases space on its premises to a third party for the operation of a pharmacy practice site.
f. As used in this section:
"Department store" means a retail establishment where foodstuffs, ready-to-wear apparel, and accessories for adults and children, yard goods and household textiles, small household wares, furniture, electrical appliances, and accessories are regularly and customarily sold.
"Food retailer" means a grocery store, supermarket, or retail establishment where groceries and other food stuffs are regularly and customarily sold in a bona fide manner for off-premises consumption, and the sale of groceries and other food stuffs constitutes at least 65 percent of the store's total annual sales.
2. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill will prohibit the sale of all tobacco products and electronic smoking devices, including any cartridge or other component of an electronic smoking device, at pharmacies located in New Jersey, as well as at any business in New Jersey that has a pharmacy located on its premises. The owner of a pharmacy or other business entity that violates this prohibition will be subject to a civil penalty of not less than $250 for a first violation, not less than $500 for a second violation, and $1,000 for a third or subsequent violation. A pharmacy at which a violation occurs may also be subject to disciplinary action by the Board of Pharmacy, and any other business entity at which a violation occurs may also be subject to disciplinary action by an agency, board, office, or other appropriate governmental entity having jurisdiction.
The provisions of the bill will not apply to a department store or food retailer that is licensed to operate as a pharmacy practice site or that leases space on its premises to a third party for the operation of a pharmacy practice site.
The bill defines "department store" to mean a retail establishment where foodstuffs, ready-to-wear apparel, and accessories for adults and children, yard goods and household textiles, small household wares, furniture, electrical appliances, and accessories are regularly and customarily sold. The bill defines "food retailer" to mean a grocery store, supermarket, or retail establishment where groceries and other food stuffs are regularly and customarily sold in a bona fide manner for off-premises consumption, and the sale of groceries and other food stuffs constitutes at least 65 percent of the store's total annual sales.
Nothing in the bill is to be construed to prohibit the sale of smoking cessation products approved by the federal Food and Drug Administration, and nothing in the bill is to prohibit a pharmacy that has been issued a medical cannabis dispensary permit from dispensing medical cannabis in any form, along with paraphernalia and related supplies, to registered qualifying patients.
