Bill Text: AZ HB2648 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: Vapor products; marketing; labeling; minors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-12 - Referred to House GHE Committee [HB2648 Detail]
Download: Arizona-2015-HB2648-Introduced.html
|
REFERENCE TITLE: vapor products; marketing; labeling; minors |
|
State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
|
|
HB 2648 |
|
|
|
Introduced by Representative Saldate
|
AN ACT
amending section 13‑3622, Arizona Revised Statutes; relating to vapor products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3622, Arizona Revised Statutes, is amended to read:
13-3622. Tobacco products, vapor products or tobacco or shisha instruments or paraphernalia; furnishing to minor; minor accepting, receiving or illegally obtaining; marketing, advertising, manufacturing or selling vapor products; classification; definitions
A. A person who knowingly sells, gives or furnishes a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor is guilty of a petty offense.
B. A minor who buys, or has in his possession or knowingly accepts or receives from any person, a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, is guilty of a petty offense, and if the offense involves any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, shall pay a fine of not less than one hundred dollars or perform not less than thirty hours of community restitution.
C. A minor who misrepresents the minor's age to any person by means of a written instrument of identification with the intent to induce the person to sell, give or furnish a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, in violation of subsection A or B of this section is guilty of a petty offense and, notwithstanding section 13-802, shall pay a fine of not more than five hundred dollars.
D. A person who markets or advertises a vapor product in a manner that specifically appeals to minors is guilty of a petty offense.
E. A person who manufactures or sells a vapor product that does not have a warning label describing the health dangers posed to minors who use a vapor product or that has a label or packaging with graphics or text that attempts to confuse the vapor product with a toy or candy is guilty of a petty offense.
D. F. This section does not apply to any of the following:
1. Cigars, cigarettes or cigarette papers, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, if it is used or intended to be used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise.
2. Any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor to smoke or ingest tobacco or shisha.
E. G. For the purposes of this section:
1. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
2. "Tobacco product" means any of the following:
(a) Cigars.
(b) Cigarettes.
(c) Cigarette papers of any kind.
(d) Smoking tobacco of any kind.
(e) Chewing tobacco of any kind.
3. "Vapor product" means a noncombustible tobacco derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. Vapor product does not include any product that is regulated by the United States food and drug administration under chapter V of the federal food, drug and cosmetic act.
