Bill Text: MI SB0668 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Tobacco; retail sales; electronic cigarette; prohibit sale of to minors. Amends title & secs. 1 & 4 of 1915 PA 31 (MCL 722.641 & 722.644). TIE BAR WITH: SB 0667'13
Spectrum: Slight Partisan Bill (Republican 15-9)
Status: (Vetoed) 2014-12-31 - Vetoed By Governor 01/16/2015 [SB0668 Detail]
Download: Michigan-2013-SB0668-Engrossed.html
SB-0668, As Passed Senate, March 6, 2014
SUBSTITUTE FOR
SENATE BILL NO. 668
A bill to amend 1915 PA 31, entitled
"Youth tobacco act,"
by amending the title and sections 1 and 4 (MCL 722.641 and
722.644), as amended by 2006 PA 236.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to prohibit the selling, giving, or furnishing of
tobacco products, vapor products, and alternative nicotine products
to minors; to prohibit the purchase, possession, or use of tobacco
products, vapor products, and alternative nicotine products by
minors; to regulate the retail sale of tobacco products, vapor
products, and alternative nicotine products; to prescribe
penalties; and to prescribe the powers and duties of certain state
agencies and departments.
Sec. 1. (1) A person shall not sell, give, or furnish a
tobacco product, vapor product, or alternative nicotine product to
a minor, including, but not limited to, through a vending machine.
A person who violates this subsection or subsection (8) is guilty
of a misdemeanor punishable by a fine of not more than $50.00 for
each violation.
(2) A person who sells tobacco products, vapor products, or
alternative nicotine products at retail shall post, in a place
close to the point of sale and conspicuous to both employees and
customers, a sign produced by the department of community health
that includes the following statement:
"The
purchase of a tobacco products product, vapor product, or
alternative nicotine product by a minor under 18 years of age and
the
provision of a tobacco products product, vapor product, or
alternative nicotine product to a minor are prohibited by law. A
minor
who unlawfully purchasing purchases or using uses a tobacco
products
product, vapor product, or
alternative nicotine product is
subject to criminal penalties.".
(3) If the sign required under subsection (2) is more than 6
feet from the point of sale, it shall be 5-1/2 inches by 8-1/2
inches and the statement required under subsection (2) shall be
printed in 36-point boldfaced type. If the sign required under
subsection (2) is 6 feet or less from the point of sale, it shall
be 2 inches by 4 inches and the statement required under subsection
(2) shall be printed in 20-point boldfaced type.
(4) The department of community health shall produce the sign
required under subsection (2) and have adequate copies of the sign
ready for distribution to licensed wholesalers, secondary
wholesalers, and unclassified acquirers of tobacco products and to
persons who sell vapor products or alternative nicotine products at
retail free of charge. Licensed wholesalers, secondary wholesalers,
and unclassified acquirers of tobacco products shall obtain copies
of the sign from the department of community health and distribute
them free of charge, upon request, to persons who sell tobacco
products and who are subject to subsection (2). The department of
community health shall provide copies of the sign free of charge,
upon request, to persons subject to subsection (2) who do not
purchase their supply of tobacco products from wholesalers,
secondary wholesalers, and unclassified acquirers of tobacco
products licensed under the tobacco products tax act, 1993 PA 327,
MCL 205.421 to 205.436, and to persons who sell vapor products or
alternative nicotine products at retail.
(5) It is an affirmative defense to a charge under subsection
(1) that the defendant had in force at the time of arrest and
continues to have in force a written policy to prevent the sale of
tobacco products, vapor products, or alternative nicotine products,
as applicable, to persons under 18 years of age and that the
defendant enforced and continues to enforce the policy. A defendant
who proposes to offer evidence of the affirmative defense described
in
this subsection shall file and serve notice of the defense, in
writing,
upon with the court and serve a copy of the notice on the
prosecuting
attorney. The defendant shall
serve the notice shall be
served
not less than 14 days before the
date set for trial.
(6) A prosecuting attorney who proposes to offer testimony to
rebut the affirmative defense described in subsection (5) shall
file
and serve a notice of rebuttal, in writing, upon with the
court and serve a copy of the notice on the defendant. The
prosecuting
attorney shall serve the notice shall
be served not
less
than 7 days before the date set for trial and shall contain
include in the notice the name and address of each rebuttal
witness.
(7) Subsection (1) does not apply to the handling or
transportation of a tobacco product, vapor product, or alternative
nicotine
product by a minor under the terms of that
the minor's
employment.
(8) Before selling, offering for sale, giving, or furnishing a
vapor product or alternative nicotine product to an individual, a
person shall verify that the individual is at least 18 years of age
by doing 1 of the following:
(a) If the individual appears to be under 27 years of age,
examining a government-issued photographic identification that
establishes that the individual is at least 18 years of age.
(b) For sales made by the internet or other remote sales
method, performing an age verification through an independent,
third-party age verification service that compares information
available from a commercially available database, or aggregate of
databases, that are regularly used by government agencies and
businesses for the purpose of age and identity verification to the
personal information entered by the individual during the ordering
process that establishes that the individual is 18 years of age or
older.
Sec. 4. As used in this act:
(a) "Alternative nicotine product" means a noncombustible
product containing nicotine that is intended for human consumption,
whether chewed, absorbed, dissolved, or ingested by any other
means. Alternative nicotine product does not include a tobacco
product, a vapor product, or a 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, 21 USC
351 to 360eee-4.
(b) (a)
"Minor" means an
individual under who is
less than 18
years of age.
(c) "Person who sells vapor products or alternative nicotine
products at retail" means a person whose ordinary course of
business consists, in whole or in part, of the retail sale of vapor
products or alternative nicotine products.
(d) (b)
"Person who sells tobacco
products at retail" means a
person whose ordinary course of business consists, in whole or in
part, of the retail sale of tobacco products subject to state sales
tax.
(e) (c)
"Public place" means a
public street, sidewalk, or
park or any area open to the general public in a publicly owned or
operated building or public place of business.
(f) (d)
"Tobacco product" means a
product that contains
tobacco and is intended for human consumption, including, but not
limited to, cigarettes, noncigarette smoking tobacco, or smokeless
tobacco, as those terms are defined in section 2 of the tobacco
products tax act, 1993 PA 327, MCL 205.422, and cigars. Tobacco
product does not include a vapor product, an alternative nicotine
product, or a 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, 21 USC 351 to 360eee-4.
(g) (e)
"Use a tobacco product, vapor product, or alternative
nicotine product" means to smoke, chew, suck, inhale, or otherwise
consume a tobacco product, vapor product, or alternative nicotine
product.
(h) "Vapor product" means a noncombustible product containing
nicotine that employs a heating element, power source, electronic
circuit, or other electronic, chemical, or mechanical means,
regardless of shape or size, that can be used to produce vapor from
nicotine in a solution or other form. Vapor product includes an
electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product or device and a vapor cartridge
or other container of nicotine in a solution or other form that is
intended to be used with or in an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or
device. Vapor product does not include a 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, 21
USC 351 to 360eee-4.
Enacting section 1. This amendatory act takes effect 60 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 667 of the 97th Legislature is enacted into
law.
