Bill Text: NC S530 | 2013-2014 | Regular Session | Amended
Bill Title: Prohibit E-Cigarette Sales to Minors
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-06-19 - Ch. SL 2013-165 [S530 Detail]
Download: North_Carolina-2013-S530-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 2
SENATE BILL 530
Health Care Committee Substitute Adopted 5/2/13
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Short Title: Prohibit E‑Cigarette Sales to Minors. |
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Sponsors: |
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Referred to: |
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April 1, 2013
A BILL TO BE ENTITLED
AN ACT to prohibit the distribution of tobacco‑derived products and vapor products to minors.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑313 reads as rewritten:
"Article 39.
"Protection of Minors.
"§ 14‑313.
Youth access to tobacco products.products, tobacco‑derived
products, vapor products, and cigarette wrapping papers.
(a) Definitions. – The following definitions apply in this section:
(1) Distribute. – To sell, furnish, give, or provide
tobacco products, tobacco‑derived products, or vapor products, including
tobacco productsamples, or cigarette wrapping papers to the ultimate
consumer.
(2) Proof of age. – A drivers license or other photographic identification that includes the bearer's date of birth that purports to establish that the person is 18 years of age or older.
(3) Sample. – A tobacco product product,
tobacco‑derived product, or vapor product distributed to members of
the general public at no cost for the purpose of promoting the product.
(3a) Tobacco‑derived product. – Any noncombustible product derived from tobacco that contains nicotine and is intended for human consumption, whether chewed, absorbed, dissolved, ingested, or by other means. This term does not include a vapor product or any product regulated by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act.
(4) Tobacco product. – Any product that contains tobacco and is intended for human consumption. The term does not include a tobacco‑derived product or a vapor product.
(5) Vapor product. – Any noncombustible product containing nicotine that employs a mechanical heating element, battery, or electronic circuit, regardless of shape or size and that can be used to heat a liquid nicotine solution contained in a vapor cartridge. The term includes an electronic cigarette, electronic cigar, electronic cigarillo, and electronic pipe. The term does not include any product regulated by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act.
(b) Sale or distribution to persons under the age of
18 years. – If any person shall distribute, or aid, assist, or abet any other
person in distributing tobacco products products, tobacco‑derived
products, vapor products, components of vapor products, or cigarette
wrapping papers to any person under the age of 18 years, or if any person shall
purchase tobacco products products, tobacco‑derived products,
vapor products, components of vapor products, or cigarette wrapping papers
on behalf of a person, less thanperson under the age of 18 years,
the person shall be guilty of a Class 2 misdemeanor; provided, however, that it
shall not be unlawful to distribute tobacco products products, tobacco‑derived
products, vapor products, components of vapor products, or cigarette
wrapping papers to an employee when required in the performance of the employee's
duties. Retail distributors of tobacco products products, tobacco‑derived
products, vapor products, components of vapor products, or cigarette wrapping
papers shall prominently display near the point of sale a sign in letters
at least five‑eighths of an inch high which states the following:
N.C. LAW STRICTLY PROHIBITS
THE PURCHASE OF TOBACCO PRODUCTSPRODUCTS,
TOBACCO‑DERIVED PRODUCTS, VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS.
BY PERSONS UNDER THE AGE OF 18.
PROOF OF AGE REQUIRED.
Failure to post the required sign shall be an infraction punishable by a fine of twenty‑five dollars ($25.00) for the first offense and seventy‑five dollars ($75.00) for each succeeding offense.
A person engaged in the sale of tobacco products products,
tobacco‑derived products, vapor products, components of vapor products, or
cigarette wrapping papers shall demand proof of age from a prospective
purchaser if the person has reasonable grounds to believe that the prospective
purchaser is under 18 years of age. Failure to demand proof of age as required
by this subsection is a Class 2 misdemeanor if in fact the prospective
purchaser is under 18 years of age. Retail distributors of tobacco products products,
tobacco‑derived products, vapor products, components of vapor products, or
cigarette wrapping papers shall train their sales employees in the
requirements of this law. Proof of any of the following shall be a defense to
any action brought under this subsection:
(1) The defendant demanded, was shown, and reasonably relied upon proof of age in the case of a retailer, or any other documentary or written evidence of age in the case of a nonretailer.
(2) The defendant relied on the electronic system established and operated by the Division of Motor Vehicles pursuant to G.S. 20‑37.02.
(3) The defendant relied on a biometric identification system that demonstrated (i) the purchaser's age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller's agent a drivers license, a special identification card issued under G.S. 20‑377.7, a military identification card, or a passport showing the purchaser's date of birth and bearing a physical description of the person named on the card.
(b1) Vending machines.Distribution of tobacco
products, tobacco‑derived products, or vapor products. – Tobacco products
products, tobacco‑derived products, vapor products, or components
of vapor products shall not be distributed in vending machines; provided,
however, vending machines distributing tobacco products products,
tobacco‑derived products, vapor products, or components of vapor products
are permitted (i) in any establishment which is open only to persons 18
years of age and older; or (ii) in any establishment if the vending machine is
under the continuous control of the owner or licensee of the premises or an
employee thereof and can be operated only upon activation by the owner,
licensee, or employee prior to each purchase and the vending machine is not
accessible to the public when the establishment is closed. The owner, licensee,
or employee shall demand proof of age from a prospective purchaser if the person
has reasonable grounds to believe that the prospective purchaser is under 18
years of age. Failure to demand proof of age as required by this subsection is
a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of
age. Proof that the defendant demanded, was shown, and reasonably relied upon
proof of age shall be a defense to any action brought under this subsection.
Vending machines distributing tobacco products in establishments not meeting
the above conditions shall be removed prior to December 1, 1997. Vending
machines distributing tobacco‑derived products, vapor products, or
components of vapor products in establishments not meeting the above conditions
shall be removed prior to December 1, 2013. Any person distributing tobacco
products products, tobacco‑derived products, vapor products, or
components of vapor products through vending machines in violation of this
subsection shall be guilty of a Class 2 misdemeanor.
(b2) Internet sales of tobacco products, tobacco‑derived products, or vapor products. – A person engaged in the sale of tobacco products, tobacco‑derived products, vapor products, or components of vapor products through the Internet or other remote sales methods shall perform an age verification through an independent, third‑party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process to establish that the individual ordering the tobacco products, tobacco‑derived products, vapor products, or components of vapor products is 18 years of age or older.
(c) Purchase by persons under the age of 18 years. –
If any person under the age of 18 years purchases or accepts receipt, or
attempts to purchase or accept receipt, of tobacco products products,
tobacco‑derived products, vapor products, components of vapor products, or
cigarette wrapping papers, or presents or offers to any person any purported
proof of age which is false, fraudulent, or not actually his or her own, for the
purpose of purchasing or receiving any tobacco product products, tobacco‑derived
products, vapor products, components of vapor products, or cigarette
wrapping papers, the person shall be guilty of a Class 2 misdemeanor.misdemeanor;
provided, however, that it shall not be unlawful for an employee to purchase or
accept receipt of tobacco products, tobacco‑derived products, vapor
products, components of vapor products, or cigarette wrapping papers when
required in the performance of the employee's duties.
(d) Send or assistSending or assisting
person less than 18 years to purchase or receive tobacco product.products,
tobacco‑derived products, vapor products, or cigarette wrapping papers.
– If any person shall send a person less than 18 years of age to purchase,
acquire, receive, or attempt to purchase, acquire, or receive tobacco products
products, tobacco‑derived products, vapor products, components of
vapor products, or cigarette wrapping papers, or if any person shall aid or
abet a person who is less than 18 years of age in purchasing, acquiring, or
receiving or attempting to purchase, acquire, or receive tobacco products products,
tobacco‑derived products, vapor products, components of vapor products, or
cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor;
provided, however, persons under the age of 18 may be enlisted by police or
local sheriffs' departments to test compliance if the testing is under the
direct supervision of that law enforcement department and written parental consent
is provided; provided further, that the Department of Health and Human Services
shall have the authority, pursuant to a written plan prepared by the Secretary
of Health and Human Services, to use persons under 18 years of age in annual,
random, unannounced inspections, provided that prior written parental consent
is given for the involvement of these persons and that the inspections are
conducted for the sole purpose of preparing a scientifically and
methodologically valid statistical study of the extent of success the State has
achieved in reducing the availability of tobacco products to persons under the
age of 18, and preparing any report to the extent required by section 1926 of
the federal Public Health Service Act (42 USC § 300x‑26).
(e) Statewide uniformity. – It is the intent of the
General Assembly to prescribe this uniform system for the regulation of tobacco
products products, tobacco‑derived products, vapor products, and
cigarette wrapping papers to ensure the eligibility for and receipt of any
federal funds or grants that the State now receives or may receive relating to
the provisions of G.S. 14‑313. To ensure uniformity, no political
subdivisions, boards, or agencies of the State nor any county, city,
municipality, municipal corporation, town, township, village, nor any
department or agency thereof, may enact ordinances, rules or regulations
concerning the sale, distribution, display or promotion of (i) tobacco
products or cigarette wrapping papers on or after September 1, 1995.1995,
or (ii) tobacco‑derived products or vapor products on or after December
1, 2013. This subsection does not apply to the regulation of vending
machines, nor does it prohibit the Secretary of Revenue from adopting rules
with respect to the administration of the tobacco products taxes levied under
Article 2A of Chapter 105 of the General Statutes.
(f) Deferred prosecution. – Notwithstanding G.S. 15A‑1341(a1), any person charged with a misdemeanor under this section shall be qualified for deferred prosecution pursuant to Article 82 of Chapter 15A of the General Statutes provided the defendant has not previously been placed on probation for a violation of this section and so states under oath."
SECTION 2. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.
SECTION 3. This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.
