Bill Text: VA HB218 | 2014 | Regular Session | Prefiled
Bill Title: Tobacco products; purchase, etc., of nicotine vapor products by minors, penalty.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Passed) 2014-03-31 - Governor: Acts of Assembly Chapter text (CHAP0394) [HB218 Detail]
Download: Virginia-2014-HB218-Prefiled.html
14100803D Be it enacted by the General Assembly of Virginia: 1. That §18.2-371.2 of the Code of Virginia is amended and reenacted as follows: §18.2-371.2. Prohibiting purchase or possession of tobacco products by minors or sale of tobacco products to minors. A. No person shall sell to, distribute to, purchase for or
knowingly permit the purchase by any person less than 18 years of age, knowing
or having reason to believe that such person is less than 18 years of age, any
tobacco product Tobacco products may be sold from a vending machine only if the machine is (i) posted with a notice, in a conspicuous manner and place, indicating that the purchase or possession of tobacco products by minors is unlawful and (ii) located in a place which is not open to the general public and is not generally accessible to minors. An establishment which prohibits the presence of minors unless accompanied by an adult is not open to the general public. B. No person less than 18 years of age shall attempt to purchase,
purchase or possess any tobacco product C. No person shall sell a tobacco product This subsection shall not apply to mail order or Internet sales, provided that the person offering the tobacco product for sale through mail order or the Internet (i) prior to the sale of the tobacco product verifies that the purchaser is at least 18 years of age through a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification and (ii) uses a method of mailing, shipping, or delivery that requires the purchaser's signature before the tobacco product will be released to the purchaser. D. A violation of subsection A or C by an individual or by a
separate retail establishment that involves a tobacco product other than a bidi A violation of subsection A or C by an individual or by a
separate retail establishment that involves the sale, distribution or purchase
of a bidi A violation of subsection B Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any law-enforcement officer may issue a summons for a violation of subsection A, B, or C. E. 1. Cigarettes shall be sold only in sealed packages
provided by the manufacturer, with the required health warning. The proprietor
of every retail establishment 2. For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations. 3. Any attorney for the county, city or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $100. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city or town which instituted the action. F. Nothing in this section shall be construed to create a private cause of action. G. Agents of the Virginia Alcoholic Beverage Control Board designated pursuant to §4.1-105 may issue a summons for any violation of this section. H. As used in this section: "Bidi" 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 a bidi
or beedie "Tobacco product" means any product that is made or derived from tobacco and includes cigarettes, vapor products, cigars, bidis, and wrappings. "Tobacco product" does not include any product that is regulated by the U.S. Food and Drug Administration (FDA) under Chapter V (21 U.S.C. § 351 et seq.) of the federal Food, Drug, and Cosmetic Act. "Vapor product" means any 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 nicotine solution, and includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, and cartridge or other container of a nicotine solution. "Vapor product" does not include any product that is regulated by the FDA under Chapter V (21 U.S.C. §351 et seq.) of the federal Food, Drug, and Cosmetic Act. "Wrappings" includes papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar. |