Bill Text: AZ SB1147 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed
Bill Title: Tobacco products; vapor products
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-15 - House Committee of the Whole action: Do Pass Amended [SB1147 Detail]
Download: Arizona-2019-SB1147-Engrossed.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SENATE BILL 1147 |
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AN ACT
AMENDING SECTIONS 13-3622, 15-712, 36-798, 36-798.01, 36-798.02, 36-798.03 AND 36-798.05, ARIZONA REVISED STATUTES; AMENDING TITLE 36, CHAPTER 6, ARTICLE 14, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 36-798.07, 36‑798.08 AND 36-798.09; RELATING TO TOBACCO AND NICOTINE 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. Furnishing, illegally accepting or receiving or obtaining tobacco products, e‑liquids, alternative nicotine products, vapor products or tobacco or shisha instruments or paraphernalia; underage persons; military personnel; classification; penalties; exceptions; definitions
A. A person who knowingly sells, gives or furnishes a tobacco product, an e‑liquid, a vapor product, an alternative nicotine product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco, e‑liquids, alternative nicotine products or shisha, including a hookah or waterpipe, to a minor person who is under twenty-one years of age is guilty of a petty offense.
B. A minor person who is under twenty‑one years of age and who buys, or has in his the person's possession or knowingly accepts or receives from any other person, a tobacco product, an e‑liquid, an alternative nicotine product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco, e‑liquids, alternative nicotine products or shisha, including a hookah or waterpipe, is guilty of a petty offense subject to a civil penalty of not less than $100 or shall perform not less than thirty hours of community restitution, and if the offense involves any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco, e‑liquids, alternative nicotine products or shisha, shall pay a fine the person is subject to a civil penalty of not less than one hundred dollars $100 or shall perform not less than thirty hours of community restitution.
C. A minor person who is under twenty‑one years of age and who misrepresents the minor's person's age or military status to any other person by means of a written instrument of identification with the intent to induce the other person to sell, give or furnish a tobacco product, an e‑liquid, an alternative nicotine product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco, e‑liquids, alternative nicotine products 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 $500.
D. 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, e‑liquids, alternative nicotine products or shisha, including a hookah or waterpipe, that is given to or possessed by a minor person who is under twenty‑one years of age if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor person who is under twenty‑one years of age to smoke or ingest tobacco, e‑liquids, alternative nicotine products or shisha.
E. Subsections A and B of this section do not apply to a person who possesses, buys or receives or who sells, gives or furnishes a tobacco product, e‑liquid, alternative nicotine product or vapor product to either:
1. A member or former member of the Armed forces of the United States who is at least eighteen years of age and who presents an identification card issued by the armed forces of the United States as proof of age.
2. A person who is at least eighteen years of age on October 1, 2019.
E. F. For the purposes of this section:
1. "Alternative nicotine product":
(a) Means any noncombustible product that contains nicotine and that is intended for human consumption, whether chewed, absorbed, dissolved, ingested or consumed by any other means.
(b) Does not include any e-liquid, vapor product, tobacco product or shisha or any product regulated as a drug or device by the United States food and drug administration under subchapter V of the federal food, drug, and cosmetic act.
2. "E‑liquid" means a substance that meets all of the following:
(a) may or may not contain nicotine.
(b) Does not contain cannabidiol or cannabis.
(c) Is intended to be vaporized and inhaled using a vapor product.
1. 3. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
2. 4. "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. 5. "Vapor product":
(a) 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 either:
(i) A powered vaporizer that employs a mechanical heating element, battery or circuit, regardless of shape or size, and that converts an e‑liquid to a vapor intended for inhalation.
(ii) A noncombustible product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, and that can be used to produce vapor from an e‑liquid.
(b) Does not include any product that is regulated by the United States food and drug administration under chapter subchapter V of the federal food, drug, and cosmetic act.
Sec. 2. Section 15-712, Arizona Revised Statutes, is amended to read:
15-712. Instruction on alcohol, tobacco, e‑liquids, alternative nicotine products, vapor products, narcotic drugs, marijuana, date rape drugs and other dangerous drugs; chemical abuse prevention programs; definitions
A. Instruction on the nature and harmful effects of alcohol, tobacco, e‑liquids, alternative nicotine products, vapor products, narcotic drugs, marijuana, date rape drugs and other dangerous drugs on the human system and instruction on the laws related to the control of these substances and the nonuse and prevention of use and abuse of alcohol, tobacco, e‑liquids, alternative nicotine products, vapor products, narcotic drugs, marijuana, date rape drugs and other dangerous drugs may be included in the courses of study in common and high schools, with emphasis on grades four through nine. Instruction on the nature and harmful effects of alcohol, tobacco, e‑liquids, alternative nicotine products, vapor products, narcotic drugs, marijuana, date rape drugs and other dangerous drugs on a human fetus may be included in the courses of study in grades six through twelve. The instruction may be integrated into existing health, science, citizenship or similar studies and shall meet the criteria for chemical abuse prevention education programs developed pursuant to subsection C of this section.
B. At the request of a school district, the department of education shall provide technical assistance to school districts that choose to implement programs to prevent chemical abuse.
C. The department of education and the department of health services, in consultation with the committee established pursuant to section 41‑617, shall establish an interagency committee to coordinate their assistance to school districts.
D. The state board of education may accept gifts and grants and shall distribute them and monies appropriated for chemical abuse prevention programs to school districts to assist with the costs of programs designed to prevent chemical abuse by pupils in kindergarten programs and grades one through twelve. School districts which that have approved chemical abuse prevention policies and procedures as prescribed in section 15‑345 are eligible for a maximum of one dollar $1 for each pupil or one thousand dollars $1,000, whichever is more. If sufficient monies are not available to meet all requests, the state board shall determine which school districts to fund based on need, availability of other programs or sources of revenue and the likelihood of the school district's proposed program successfully meeting needs identified by the school district. A school district shall include the monies it receives for chemical abuse prevention programs under this section in the special projects section of the budget as provided in section 15‑903, subsection F.
E. For the purpose of this section:
1. "Alternative nicotine product" has the same meaning prescribed in section 36‑798.
2. "Dangerous drug" has the same meaning prescribed in section 13‑3401.
1. 3. "Date rape drug" means a drug prescribed listed in section 13‑3401, paragraph 30, subdivisions (f) through (m).
4. "E‑liquid" has the same meaning prescribed in section 36‑798.
5. "Marijuana" has the same meaning prescribed in section 13-3401.
2. 6. "Narcotic drug", "marijuana" and "dangerous drug" have has the same meaning prescribed in section 13‑3401.
7. "Vapor product":
(a) Means either:
(i) A powered vaporizer that employs a mechanical heating element, battery or circuit, regardless of shape or size, and that converts an e‑liquid to a vapor intended for inhalation.
(ii) A noncombustible product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, and that can be used to produce vapor from an e‑liquid.
(b) Does not include any product that is regulated by the United States food and drug administration under subchapter V of the federal food, drug, and cosmetic act.
Sec. 3. Section 36-798, Arizona Revised Statutes, is amended to read:
36-798. Definitions
In this article, unless the context otherwise requires:
1. "Alternative nicotine product":
(a) Means any noncombustible product that contains nicotine and that is intended for human consumption, whether chewed, absorbed, dissolved, ingested or consumed by any other means.
(b) Does not include any e-liquid, vapor product, tobacco product or shisha or any product regulated as a drug or device by the United States food and drug administration under subchapter V of the food, drug, and cosmetic act.
1. 2. "Bar" means that portion of any premises licensed under section 4‑209, subsection B, paragraph 6, 7, 11, 12 or 14 that is primarily used for the selling, consumption consuming or serving of alcoholic beverages and that is not primarily used for the consumption of consuming food on the premises.
2. 3. "Beedies" or "bidis" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis.
3. 4. "Cigar" means a roll of tobacco or any lawful substitute for tobacco that is wrapped in tobacco.
4. 5. "Cigarette" means a roll of tobacco or any lawful substitute for tobacco that is wrapped in paper or in any substance other than tobacco.
5. "Minor" means a person who is under eighteen years of age.
6. "Delivery sale"
(a) Means a sale, whether from a person in this state or outside of this state, of an e-liquid, vapor product or alternative nicotine product to a purchaser in this state in which the purchaser submits the order for the sale through one of the following methods and after which the e‑liquid, vapor product or alternative nicotine product is shipped through a delivery service:
(i) By telephone.
(ii) Over the internet.
(iii) Through the mail or another delivery system.
(b) Does not include a sale to a manufacturer, distributor or retailer of an e-liquid, vapor product or alternative nicotine product that is not for personal consumption.
7. "Delivery service" means a person, including the United States postal service, that is engaged in delivering letters, packages or containers.
8. "E‑liquid" means a substance that meets all of the following:
(a) may or may not contain nicotine.
(b) Does not contain cannabidiol or cannabis.
(c) Is intended to be vaporized and inhaled using a vapor product.
9. "Humidor" means a humidity‑controlled room or cabinet used for storing cigars or pipe tobacco.
10. "Retailer" means a person, other than a manufacturer or distributor, that in the ordinary course of the person's regular trade or business:
(a) Acquires any form of an e-liquid, vapor product or alternative nicotine product for the purpose of resale to a consumer.
(b) Transfers an e-liquid, vapor product or alternative nicotine product to a consumer for monies or other consideration.
6. 11. "Retail tobacco vendor" means a person who that possesses tobacco or tobacco products for the purpose of selling them for consumption and not for resale.
7. 12. "Smokeless tobacco" includes shredded tobacco, snuff, cavendish and plug, twist and other tobacco products that are intended for oral use but not for smoking.
8. 13. "Smoking tobacco" includes any tobacco or tobacco product, other than cigarettes and cigars, that is intended to be smoked.
9. 14. "Tobacco products" includes cigarettes, cigarette papers, cigars, smokeless tobacco and smoking tobacco.
15. "Vapor product":
(a) Means either:
(i) A powered vaporizer that employs a mechanical heating element, battery or circuit, regardless of shape or size, and that converts an e‑liquid to a vapor intended for inhalation.
(ii) A noncombustible product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, and that can be used to produce vapor from an e‑liquid.
(b) Does not include any product that is regulated by the United States food and drug administration under subchapter V of the federal food, drug, and cosmetic act.
10. 16. "Vending machine" means any mechanical, electrical or electronic device that, on insertion of money, tokens or any other form of payment, automatically dispenses tobacco products.
Sec. 4. Section 36-798.01, Arizona Revised Statutes, is amended to read:
36-798.01. Selling or giving beedies or bidis; violation; classification
A. It is unlawful for a retail tobacco vendor to sell, furnish, give or provide beedies or bidis to a minor person who is under twenty‑one years of age in this state.
B. Any person who violates this section is guilty of a class 3 misdemeanor.
Sec. 5. Section 36-798.02, Arizona Revised Statutes, is amended to read:
36-798.02. Vending machine sales of tobacco and tobacco products; signage; violation; classification
A. except as provided in subsection B of this section, a person shall not sell or distribute tobacco products, through a vending machine unless the vending machine is located in e‑liquids, vapor products or alternative nicotine products either:
1. At a retail establishment in this state by any means other than vendor‑assisted sales in which the customer has no direct access to the product except through the ASSISTANCE OF the seller.
2. From self‑service displays or vending machines.
B. Subsection A of this section does not apply to:
1. Retail establishments if persons who are under twenty‑one years of age are not allowed in the establishment and the prohibition is posted clearly on all entrances.
2. Sales authorized under sections 36‑798.06 and 36‑798.07.
3. A retail tobacco store as defined in section 36‑601.01.
4. A self‑service humidor.
1. 5. A bar Bars.
2. 6. An Employee lounge area areas that is are not open to the public and if the business in which the lounge area is located does not employ minors persons who are under twenty‑one years of age.
B. C. A sign measuring at least eighty square inches shall be obviously affixed to the front of each vending machine. The sign shall state in block letters, that it is illegal for a minor person who is under twenty‑one years of age to purchase cigarettes, or tobacco products, e‑liquids, vapor products or alternative nicotine products and, upon on conviction, a fine of up to three hundred dollars $300 may be imposed.
C. D. This article does not invalidate an ordinance of or prohibit the adoption of an ordinance by a county, city or town to further restrict the location of vending machines or specify different wording for the vending machines machine signs as required by subsection B C of this section.
D. E. A person who violates this section is guilty of a petty offense.
Sec. 6. Section 36-798.03, Arizona Revised Statutes, is amended to read:
36-798.03. Tobacco products, e‑liquids, vapor products and alternative nicotine products; prohibition at schools and school‑related areas; exception; violation; classification
A. The use and possession of tobacco products, e‑liquids, vapor products and alternative nicotine products are prohibited on school grounds, inside school buildings, in school parking lots or playing fields, in school buses or vehicles or at off‑campus school sponsored events. For the purposes of this subsection, "school" means any public, charter or private school where children attend classes in kindergarten programs or grades one through twelve.
B. Subsection A of this section does not apply to an adult a person who is twenty‑one years of age or older and who employs tobacco products, e‑liquids, vapor products or alternative nicotine products as a necessary component of a school sanctioned school-sanctioned tobacco, e‑liquid, vapor product or alternative nicotine product prevention or cessation program established pursuant to section 15‑712.
C. A person who violates this section is guilty of a petty offense.
Sec. 7. Section 36-798.05, Arizona Revised Statutes, is amended to read:
36-798.05. Unsolicited delivery of tobacco products; violation; classification; civil penalties; definitions
A. It is unlawful for a person to deliver or cause to be delivered to any residence in this state any tobacco products unsolicited by at least one adult person who is twenty‑one years of age or older and who resides at that address.
B. A person who knowingly violates subsection A of this section is guilty of a class 2 misdemeanor.
C. A person who violates subsection A of this section is subject to a civil penalty in an amount of not to exceed five thousand dollars $5,000 for each violation. Each delivery of a tobacco product shall constitute constitutes a separate violation.
D. The attorney general may bring an action to recover civil penalties and as determined by the court, taxable costs, such other fees and expenses reasonably incurred and reasonable attorney fees, in the name of the state for a violation of this section. All civil penalties recovered shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund and all other monies recovered shall be deposited, pursuant to sections 35‑146 and 35‑147, in the antitrust enforcement revolving fund established by section 41‑191.02.
E. In For the purposes of this section, unless the context otherwise requires:
1. "Knowingly" has the same meaning prescribed in section 13‑105.
2. "Person" means an individual, partnership, firm, association, corporation, limited liability company, limited liability partnership, joint venture, or other entity, other than an individual or entity engaged in the delivery of items for hire.
Sec. 8. Title 36, chapter 6, article 14, Arizona Revised Statutes, is amended by adding sections 36-798.07, 36-798.08 and 36-798.09, to read:
36-798.07. Delivery sales of e‑liquids, vapor products and alternative nicotine products; requirements; violation; classification; civil penalty
A. A person may not make a delivery sale of an e-liquid, vapor product or alternative nicotine product to a person who is under twenty‑one years of age.
B. A person may not mail, ship or otherwise cause to be delivered any e-liquid, vapor product or alternative nicotine product in connection with a delivery sale unless, before the sale to the purchaser, both of the following occur:
1. The seller verifies by an independent third party that the purchaser is at least twenty‑one years of age through a commercially available database, or aggregate of databases, that is regularly used by governments and businesses for the purposes of age and identity verification.
2. The seller is fully paid for the purchase and accepts payment from the purchaser by any of the following methods:
(a) A check drawn on an account in the purchaser's name.
(b) A credit card issued in the purchaser's name.
(c) A debit card issued in the purchaser's name.
C. A seller may ship e-liquids, vapor products or alternative nicotine products only to a consumer for personal consumption.
D. A seller taking a delivery sale order may request the purchaser's e‑mail address.
E. A person who knowingly violates subsection A or B of this section is guilty of a class 2 misdemeanor.
F. A person who violates subsection A or B of this section shall pay a civil penalty of not more than $5,000 for each violation. Each delivery of an e-liquid, vapor product or alternative nicotine product constitutes a separate violation.
36-798.08. Retail sales; requirements; notice; violation; classification
A. A retailer shall not sell, offer to sell, furnish or give tobacco products, e-liquids, vapor products or alternative nicotine products unless the retailer prominently displays a sign that reads as follows:
It is illegal for a person who is under twenty‑one years of age to purchase cigarettes, tobacco products, e‑liquids, vapor products and alternative nicotine products.
Warning: E-liquids, Vapor products and alternative nicotine products may contain nicotine and are not intended for use by anyone under the legal purchasing age or by women who are pregnant, may become pregnant or are breastfeeding.
B. A retailer may not sell, offer to sell, furnish or give tobacco products, e‑liquids, vapor products or alternative nicotine products to a person who reasonably appears to be under twenty‑seven years of age without first examining the person's government‑issued photographic identification, as prescribed in section 4‑241, subsection K, to establish that the person either:
1. Is at least twenty‑one years of age.
2. Is at least eighteen years of age and is a member or former member of the armed forces of the United States.
3. Was at least eighteen years of age on October 1, 2019.
C. A person who violates this section is guilty of a petty offense.
36-798.09. State preemption
A. The regulation of the sale and marketing of tobacco products, e‑liquids, vapor products and alternative nicotine products is a matter of statewide concern and is not subject to further regulation by a city, town or county in this state, except as provided in subsection B of this section. This article preempts any rule, regulation, code or ordinance adopted or modified to be more restrictive after May 1, 2019 by any city, town or county in this state regarding the sale or marketing of tobacco products, e-liquids, vapor products or alternative nicotine products.
B. This section does not prohibit:
1. A city, town, county, school district, charter school or stadium district from regulating the sale, marketing or use of tobacco products, e‑liquids, vapor products and alternative nicotine products on property that is owned, leased or operated by the city, town, county, school district, charter school or stadium district in this state.
2. A city, town or county from imposing zoning requirements relating to the location of retail stores selling tobacco products, e‑liquids, vapor products and alternative nicotine products.
Sec. 9. Retroactivity
Section 36-798.09, Arizona Revised Statutes, as added by this act, applies retroactively to from and after April 30, 2019.
