Bill Text: OR SB435 | 2011 | Regular Session | Introduced

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Bill Title: Relating to samples of tobacco products.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB435 Detail]

Download: Oregon-2011-SB435-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1445

                         Senate Bill 435

Sponsored by Senator MONNES ANDERSON, Representative TOMEI
  (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits distribution of free samples of tobacco products.
  Punishes, for violation by distributing free samples of tobacco
products to person under 21 years of age, by one year's
imprisonment, $6,250 fine, or both.
  Imposes civil penalty for violation by distributing free
samples of tobacco products to person 21 years of age or older.

                        A BILL FOR AN ACT
Relating to samples of tobacco products; creating new provisions;
  and amending ORS 180.486.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section, 'tobacco products
' means:
  (a) Any form of tobacco intended for or prepared in a manner
that is suitable for chewing or smoking;
  (b) Tobacco water; or
  (c) Electronic cigarettes.
  (2) A person may not distribute free samples of tobacco
products in this state. + }
  SECTION 2.  { + (1) Violation of section 1 of this 2011 Act by
distributing free samples of tobacco products to a person under
21 years of age is a Class A misdemeanor.
  (2)(a) For each violation of section 1 of this 2011 Act by
distributing free samples of tobacco products to a person who is
21 years of age or older, the Director of Human Services may
impose a civil penalty of not more than $1,250.
  (b) Civil penalties under this subsection shall be imposed as
provided in ORS 183.745.
  (c) Civil penalties recovered under this subsection shall be
paid into the State Treasury and credited to the General
Fund. + }
  SECTION 3. ORS 180.486 is amended to read:
  180.486. (1) A person may not:
  (a) Sell, offer for sale or possess for sale in this state
smokeless tobacco products of a tobacco product manufacturer that
is not included in the directory developed under ORS 180.477;
  (b) Sell, offer for sale or possess for sale in this state
smokeless tobacco products of a tobacco product manufacturer that
the person acquired at a time when the tobacco product

manufacturer was not included in the directory developed under
ORS 180.477;
  (c) Possess in this state for sale in another jurisdiction
smokeless tobacco products of a tobacco product manufacturer that
the person acquired at a time when the tobacco product
manufacturer was not included in the directory developed under
ORS 180.477 and was not in compliance with the Smokeless Tobacco
Master Settlement Agreement qualifying statute in the other
jurisdiction or with statutes that supplement the qualifying
statute in that jurisdiction; or
  (d) Distribute, in this state, free samples of smokeless
tobacco products  { - : - }
    { - (A) To persons under 21 years of age; or - }
    { - (B) In any area, unless access by persons under 21 years
of age to that area is prohibited - } .
  (2) A person who sells, offers for sale, distributes, acquires,
holds, owns, possesses, transports, imports or causes to be
imported smokeless tobacco products that the person knows or
should know are intended for sale or distribution in violation of
subsection (1) of this section commits a Class A misdemeanor.
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