Bill Text: MN SF2027 | 2013-2014 | 88th Legislature | Introduced
Bill Title: E-cigarettes regulations
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2014-05-05 - Second reading [SF2027 Detail]
Download: Minnesota-2013-SF2027-Introduced.html
1.2relating to health; regulating e-cigarettes;amending Minnesota Statutes 2012,
1.3sections 144.413, subdivision 4; 144.4165; 461.12; 461.18; 461.19; 609.685;
1.4609.6855.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 144.413, subdivision 4, is amended to read:
1.7 Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke or vapor from
1.8any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or
1.9plant product or electronic delivery device, as defined in section 609.685. Smoking also
1.10includescarrying holding a lighted or heated cigar, cigarette, pipe, or any other lighted or
1.11heated tobacco or plant product or electronic delivery device intended for inhalation.
1.12 Sec. 2. Minnesota Statutes 2012, section 144.4165, is amended to read:
1.13144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
1.14No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
1.15product, or inhale or exhale vapor from an electronic delivery device, in a public school,
1.16as defined in section120A.05, subdivisions 9, 11, and 13 . This prohibition extends to all
1.17facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
1.18leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of
1.19tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For
1.20purposes of this section, an Indian is a person who is a member of an Indian tribe as
1.21defined in section260.755 subdivision 12 .
2.1 Sec. 3. Minnesota Statutes 2012, section 461.12, is amended to read:
2.2461.12 MUNICIPALTOBACCO LICENSE OF TOBACCO,
2.3TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
2.4 Subdivision 1. Authorization. A town board or the governing body of a home
2.5rule charter or statutory city may license and regulate the retail sale of tobaccoand,
2.6 tobacco-related devices, and electronic delivery devices as defined in section609.685,
2.7subdivision 1 , and nicotine and lobelia delivery products as described in section 609.6855,
2.8and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
2.9The county board shall license and regulate the sale of tobaccoand, tobacco-related
2.10devices, electronic delivery devices, and nicotine and lobelia products in unorganized
2.11territory of the county except on the State Fairgrounds and in a town or a home rule charter
2.12or statutory city if the town or city does not license and regulate retail sales of tobacco
2.13sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
2.14delivery products. The State Agricultural Society shall license and regulate the sale of
2.15tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
2.16delivery products on the State Fairgrounds. Retail establishments licensed by a town or
2.17city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and
2.18lobelia delivery products are not required to obtain a second license for the same location
2.19under the licensing ordinance of the county.
2.20 Subd. 2. Administrative penalties; licensees. If a licensee or employee of a
2.21licensee sells tobaccoor, tobacco-related devices, electronic delivery devices, or nicotine
2.22or lobelia delivery products to a person under the age of 18 years, or violates any other
2.23provision of this chapter, the licensee shall be charged an administrative penalty of $75.
2.24An administrative penalty of $200 must be imposed for a second violation at the same
2.25location within 24 months after the initial violation. For a third violation at the same
2.26location within 24 months after the initial violation, an administrative penalty of $250
2.27must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
2.28electronic delivery devices, or nicotine or lobelia delivery products at that location must be
2.29suspended for not less than seven days. No suspension or penalty may take effect until the
2.30licensee has received notice, served personally or by mail, of the alleged violation and an
2.31opportunity for a hearing before a person authorized by the licensing authority to conduct
2.32the hearing. A decision that a violation has occurred must be in writing.
2.33 Subd. 3. Administrative penalty; individuals. An individual who sells tobacco
2.34or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
2.35products to a person under the age of 18 years must be charged an administrative penalty
2.36of $50. No penalty may be imposed until the individual has received notice, served
3.1personally or by mail, of the alleged violation and an opportunity for a hearing before a
3.2person authorized by the licensing authority to conduct the hearing. A decision that a
3.3violation has occurred must be in writing.
3.4 Subd. 4. Minors. The licensing authority shall consult with interested educators,
3.5parents, children, and representatives of the court system to develop alternative penalties
3.6for minors who purchase, possess, and consume tobaccoor, tobacco-related devices,
3.7electronic delivery devices, or nicotine or lobelia delivery products. The licensing
3.8authority and the interested persons shall consider a variety of options, including, but
3.9not limited to, tobacco free education programs, notice to schools, parents, community
3.10service, and other court diversion programs.
3.11 Subd. 5. Compliance checks. A licensing authority shall conduct unannounced
3.12compliance checks at least once each calendar year at each location where tobaccois,
3.13tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
3.14are sold to test compliance withsection sections 609.685 and 609.6855. Compliance
3.15checks must involve minors over the age of 15, but under the age of 18, who, with the prior
3.16written consent of a parent or guardian, attempt to purchase tobaccoor, tobacco-related
3.17devices, electronic delivery devices, or nicotine or lobelia delivery products under the
3.18direct supervision of a law enforcement officer or an employee of the licensing authority.
3.19 Subd. 6. Defense. It is an affirmative defense to the charge of selling tobacco
3.20or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
3.21products to a person under the age of 18 years in violation of subdivision 2 or 3 that the
3.22licensee or individual making the sale relied in good faith upon proof of age as described
3.23in section340A.503, subdivision 6 .
3.24 Subd. 7. Judicial review. Any person aggrieved by a decision under subdivision
3.252 or 3 may have the decision reviewed in the district court in the same manner and
3.26procedure as provided in section462.361 .
3.27 Subd. 8. Notice to commissioner. The licensing authority under this section shall,
3.28within 30 days of the issuance of a license, inform the commissioner of revenue of the
3.29licensee's name, address, trade name, and the effective and expiration dates of the license.
3.30The commissioner of revenue must also be informed of a license renewal, transfer,
3.31cancellation, suspension, or revocation during the license period.
3.32 Sec. 4. Minnesota Statutes 2012, section 461.18, is amended to read:
3.33461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
3.34 Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale
3.35tobacco or tobacco-related devices, or electronic delivery devices as defined in section
4.1609.685, subdivision 1
, or nicotine or lobelia delivery products as described in section
4.2609.6855, in open displays which are accessible to the public without the intervention
4.3of a store employee.
4.4(b) [Expired August 28, 1997]
4.5(c) [Expired]
4.6(d) This subdivision shall not apply to retail stores which derive at least 90 percent
4.7of their revenue from tobacco and tobacco-relatedproducts devices and where the retailer
4.8ensures that no person younger than 18 years of age is present, or permitted to enter, at
4.9any time.
4.10 Subd. 2. Vending machine sales prohibited. No person shall sell tobacco products,
4.11electronic delivery devices, or nicotine or lobelia delivery products from vending
4.12machines. This subdivision does not apply to vending machines in facilities that cannot be
4.13entered at any time by persons younger than 18 years of age.
4.14 Subd. 3. Federal regulations for cartons, multipacks. Code of Federal
4.15Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
4.16and other multipack units.
4.17 Sec. 5. Minnesota Statutes 2012, section 461.19, is amended to read:
4.18461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
4.19Sections461.12 to
461.18 do not preempt a local ordinance that provides for more
4.20restrictive regulation of sales of tobaccosales, tobacco-related devices, electronic delivery
4.21devices, and nicotine and lobelia products. A governing body shall give notice of its
4.22intention to consider adoption or substantial amendment of any local ordinance required
4.23under section461.12 or permitted under this section. The governing body shall take
4.24reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
4.25known address of each licensee or person required to hold a license under section461.12 .
4.26The notice shall state the time, place, and date of the meeting and the subject matter of
4.27the proposed ordinance.
4.28 Sec. 6. Minnesota Statutes 2012, section 609.685, is amended to read:
4.29609.685 SALE OF TOBACCO TO CHILDREN.
4.30 Subdivision 1. Definitions. For the purposes of this section, the following terms
4.31shall have the meanings respectively ascribed to them in this section.
4.32(a) "Tobacco" means cigarettes and any product containing, made, or derived from
4.33tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
4.34dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
5.1part, or accessory of a tobacco product; including but not limited to cigars; cheroots;
5.2stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
5.3snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
5.4shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
5.5forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
5.6United States Food and Drug Administration for sale as a tobacco-cessation product, as a
5.7tobacco-dependence product, or for other medical purposes, and is being marketed and
5.8sold solely for such an approved purpose.
5.9(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or
5.10other devices intentionally designed or intended to be used in a manner which enables
5.11the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
5.12Tobacco-related devices include components of tobacco-related devices which may be
5.13marketed or sold separately.
5.14(c) "Electronic delivery device" means any product containing or delivering nicotine,
5.15lobelia, or any other substance intended for human consumption that can be used by a
5.16person to simulate smoking in the delivery of nicotine or any other substance through
5.17inhalation of vapor from the product. Electronic delivery device includes any component
5.18part of a product, whether or not marketed or sold separately. Electronic delivery device
5.19does not include any product that has been approved or certified by the United States Food
5.20and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
5.21product, or for other medical purposes, and is marketed and sold for such an approved
5.22purpose.
5.23 Subd. 1a. Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or
5.24electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor
5.25for the first violation. Whoever violates this subdivision a subsequent time within five
5.26years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
5.27(b) It is an affirmative defense to a charge under this subdivision if the defendant
5.28proves by a preponderance of the evidence that the defendant reasonably and in good faith
5.29relied on proof of age as described in section340A.503, subdivision 6 .
5.30 Subd. 2. Other offenses. (a) Whoever furnishes tobaccoor, tobacco-related
5.31devices, or electronic delivery devices to a person under the age of 18 years is guilty of a
5.32misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
5.33guilty of a gross misdemeanor.
5.34(b) A person under the age of 18 years who purchases or attempts to purchase
5.35tobaccoor, tobacco-related devices, or electronic delivery devices and who uses a driver's
6.1license, permit, Minnesota identification card, or any type of false identification to
6.2misrepresent the person's age, is guilty of a misdemeanor.
6.3 Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2,
6.4whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
6.5purchase tobaccoor tobacco related, tobacco-related devices, or electronic delivery
6.6devices and is under the age of 18 years is guilty of a petty misdemeanor.
6.7 Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede
6.8or preclude the continuation or adoption of any local ordinance which provides for more
6.9stringent regulation of the subject matter in subdivisions 1 to 3.
6.10 Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish
6.11tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
6.12traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
6.13is a person who is a member of an Indian tribe as defined in section260.755, subdivision 12 .
6.14(b) The penalties in this section do not apply to a person under the age of 18 years
6.15who purchases or attempts to purchase tobaccoor, tobacco-related devices, or electronic
6.16delivery devices while under the direct supervision of a responsible adult for training,
6.17education, research, or enforcement purposes.
6.18 Subd. 6. Seizure of false identification. A retailer may seize a form of identification
6.19listed in section340A.503, subdivision 6 , if the retailer has reasonable grounds to believe
6.20that the form of identification has been altered or falsified or is being used to violate any
6.21law. A retailer that seizes a form of identification as authorized under this subdivision
6.22shall deliver it to a law enforcement agency within 24 hours of seizing it.
6.23 Sec. 7. Minnesota Statutes 2012, section 609.6855, is amended to read:
6.24609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
6.25 Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of
6.2618 years a product containing or delivering nicotine or lobelia intended for human
6.27consumption, or any part of such a product, that is not tobacco or an electronic delivery
6.28device as defined by section609.685 , is guilty of a misdemeanor for the first violation.
6.29Whoever violates this subdivision a subsequent time within five years of a previous
6.30conviction under this subdivision is guilty of a gross misdemeanor.
6.31(b) It is an affirmative defense to a charge under this subdivision if the defendant
6.32proves by a preponderance of the evidence that the defendant reasonably and in good faith
6.33relied on proof of age as described in section340A.503, subdivision 6 .
6.34(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
6.35lobelia intended for human consumption, or any part of such a product, that is not tobacco
7.1 or an electronic delivery device as defined by section609.685 , may be sold to persons
7.2under the age of 18 if the product has been approved or otherwise certified for legal sale
7.3by the United States Food and Drug Administration for tobacco use cessation, harm
7.4reduction, or for other medical purposes, and is being marketed and sold solely for that
7.5approved purpose.
7.6 Subd. 2. Other offense. A person under the age of 18 years who purchases or
7.7attempts to purchase a product containing or delivering nicotine or lobelia intended for
7.8human consumption, or any part of such a product, that is not tobacco or an electronic
7.9delivery device as defined by section609.685 , and who uses a driver's license, permit,
7.10Minnesota identification card, or any type of false identification to misrepresent the
7.11person's age, is guilty of a misdemeanor.
7.12 Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and
7.132, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
7.14a product containing or delivering nicotine or lobelia intended for human consumption, or
7.15any part of such a product, that is not tobacco or an electronic delivery device as defined
7.16by section609.685 , is guilty of a petty misdemeanor.
1.3sections 144.413, subdivision 4; 144.4165; 461.12; 461.18; 461.19; 609.685;
1.4609.6855.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 144.413, subdivision 4, is amended to read:
1.7 Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke or vapor from
1.8any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or
1.9plant product or electronic delivery device, as defined in section 609.685. Smoking also
1.10includes
1.11heated tobacco or plant product or electronic delivery device intended for inhalation.
1.12 Sec. 2. Minnesota Statutes 2012, section 144.4165, is amended to read:
1.13144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
1.14No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
1.15product, or inhale or exhale vapor from an electronic delivery device, in a public school,
1.16as defined in section
1.17facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
1.18leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of
1.19tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For
1.20purposes of this section, an Indian is a person who is a member of an Indian tribe as
1.21defined in section
2.1 Sec. 3. Minnesota Statutes 2012, section 461.12, is amended to read:
2.2461.12 MUNICIPAL
2.3TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
2.4 Subdivision 1. Authorization. A town board or the governing body of a home
2.5rule charter or statutory city may license and regulate the retail sale of tobacco
2.6 tobacco-related devices, and electronic delivery devices as defined in section
2.7subdivision 1
2.8and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
2.9The county board shall license and regulate the sale of tobacco
2.10devices, electronic delivery devices, and nicotine and lobelia products in unorganized
2.11territory of the county except on the State Fairgrounds and in a town or a home rule charter
2.12or statutory city if the town or city does not license and regulate retail sales of tobacco
2.13
2.14delivery products. The State Agricultural Society shall license and regulate the sale of
2.15tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
2.16delivery products on the State Fairgrounds. Retail establishments licensed by a town or
2.17city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and
2.18lobelia delivery products are not required to obtain a second license for the same location
2.19under the licensing ordinance of the county.
2.20 Subd. 2. Administrative penalties; licensees. If a licensee or employee of a
2.21licensee sells tobacco
2.22or lobelia delivery products to a person under the age of 18 years, or violates any other
2.23provision of this chapter, the licensee shall be charged an administrative penalty of $75.
2.24An administrative penalty of $200 must be imposed for a second violation at the same
2.25location within 24 months after the initial violation. For a third violation at the same
2.26location within 24 months after the initial violation, an administrative penalty of $250
2.27must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
2.28electronic delivery devices, or nicotine or lobelia delivery products at that location must be
2.29suspended for not less than seven days. No suspension or penalty may take effect until the
2.30licensee has received notice, served personally or by mail, of the alleged violation and an
2.31opportunity for a hearing before a person authorized by the licensing authority to conduct
2.32the hearing. A decision that a violation has occurred must be in writing.
2.33 Subd. 3. Administrative penalty; individuals. An individual who sells tobacco
2.34
2.35products to a person under the age of 18 years must be charged an administrative penalty
2.36of $50. No penalty may be imposed until the individual has received notice, served
3.1personally or by mail, of the alleged violation and an opportunity for a hearing before a
3.2person authorized by the licensing authority to conduct the hearing. A decision that a
3.3violation has occurred must be in writing.
3.4 Subd. 4. Minors. The licensing authority shall consult with interested educators,
3.5parents, children, and representatives of the court system to develop alternative penalties
3.6for minors who purchase, possess, and consume tobacco
3.7electronic delivery devices, or nicotine or lobelia delivery products. The licensing
3.8authority and the interested persons shall consider a variety of options, including, but
3.9not limited to, tobacco free education programs, notice to schools, parents, community
3.10service, and other court diversion programs.
3.11 Subd. 5. Compliance checks. A licensing authority shall conduct unannounced
3.12compliance checks at least once each calendar year at each location where tobacco
3.13tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
3.14are sold to test compliance with
3.15checks must involve minors over the age of 15, but under the age of 18, who, with the prior
3.16written consent of a parent or guardian, attempt to purchase tobacco
3.17devices, electronic delivery devices, or nicotine or lobelia delivery products under the
3.18direct supervision of a law enforcement officer or an employee of the licensing authority.
3.19 Subd. 6. Defense. It is an affirmative defense to the charge of selling tobacco
3.20
3.21products to a person under the age of 18 years in violation of subdivision 2 or 3 that the
3.22licensee or individual making the sale relied in good faith upon proof of age as described
3.23in section
3.24 Subd. 7. Judicial review. Any person aggrieved by a decision under subdivision
3.252 or 3 may have the decision reviewed in the district court in the same manner and
3.26procedure as provided in section
3.27 Subd. 8. Notice to commissioner. The licensing authority under this section shall,
3.28within 30 days of the issuance of a license, inform the commissioner of revenue of the
3.29licensee's name, address, trade name, and the effective and expiration dates of the license.
3.30The commissioner of revenue must also be informed of a license renewal, transfer,
3.31cancellation, suspension, or revocation during the license period.
3.32 Sec. 4. Minnesota Statutes 2012, section 461.18, is amended to read:
3.33461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
3.34 Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale
3.35tobacco or tobacco-related devices, or electronic delivery devices as defined in section
4.2609.6855, in open displays which are accessible to the public without the intervention
4.3of a store employee.
4.4(b) [Expired August 28, 1997]
4.5(c) [Expired]
4.6(d) This subdivision shall not apply to retail stores which derive at least 90 percent
4.7of their revenue from tobacco and tobacco-related
4.8ensures that no person younger than 18 years of age is present, or permitted to enter, at
4.9any time.
4.10 Subd. 2. Vending machine sales prohibited. No person shall sell tobacco products,
4.11electronic delivery devices, or nicotine or lobelia delivery products from vending
4.12machines. This subdivision does not apply to vending machines in facilities that cannot be
4.13entered at any time by persons younger than 18 years of age.
4.14 Subd. 3. Federal regulations for cartons, multipacks. Code of Federal
4.15Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
4.16and other multipack units.
4.17 Sec. 5. Minnesota Statutes 2012, section 461.19, is amended to read:
4.18461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
4.19Sections
4.20restrictive regulation of sales of tobacco
4.21devices, and nicotine and lobelia products. A governing body shall give notice of its
4.22intention to consider adoption or substantial amendment of any local ordinance required
4.23under section
4.24reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
4.25known address of each licensee or person required to hold a license under section
4.26The notice shall state the time, place, and date of the meeting and the subject matter of
4.27the proposed ordinance.
4.28 Sec. 6. Minnesota Statutes 2012, section 609.685, is amended to read:
4.29609.685 SALE OF TOBACCO TO CHILDREN.
4.30 Subdivision 1. Definitions. For the purposes of this section, the following terms
4.31shall have the meanings respectively ascribed to them in this section.
4.32(a) "Tobacco" means cigarettes and any product containing, made, or derived from
4.33tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
4.34dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
5.1part, or accessory of a tobacco product
5.2stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
5.3snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
5.4shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
5.5forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
5.6United States Food and Drug Administration for sale as a tobacco-cessation product, as a
5.7tobacco-dependence product, or for other medical purposes, and is being marketed and
5.8sold solely for such an approved purpose.
5.9(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or
5.10other devices intentionally designed or intended to be used in a manner which enables
5.11the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
5.12Tobacco-related devices include components of tobacco-related devices which may be
5.13marketed or sold separately.
5.14(c) "Electronic delivery device" means any product containing or delivering nicotine,
5.15lobelia, or any other substance intended for human consumption that can be used by a
5.16person to simulate smoking in the delivery of nicotine or any other substance through
5.17inhalation of vapor from the product. Electronic delivery device includes any component
5.18part of a product, whether or not marketed or sold separately. Electronic delivery device
5.19does not include any product that has been approved or certified by the United States Food
5.20and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
5.21product, or for other medical purposes, and is marketed and sold for such an approved
5.22purpose.
5.23 Subd. 1a. Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or
5.24electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor
5.25for the first violation. Whoever violates this subdivision a subsequent time within five
5.26years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
5.27(b) It is an affirmative defense to a charge under this subdivision if the defendant
5.28proves by a preponderance of the evidence that the defendant reasonably and in good faith
5.29relied on proof of age as described in section
5.30 Subd. 2. Other offenses. (a) Whoever furnishes tobacco
5.31devices, or electronic delivery devices to a person under the age of 18 years is guilty of a
5.32misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
5.33guilty of a gross misdemeanor.
5.34(b) A person under the age of 18 years who purchases or attempts to purchase
5.35tobacco
6.1license, permit, Minnesota identification card, or any type of false identification to
6.2misrepresent the person's age, is guilty of a misdemeanor.
6.3 Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2,
6.4whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
6.5purchase tobacco
6.6devices and is under the age of 18 years is guilty of a petty misdemeanor.
6.7 Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede
6.8or preclude the continuation or adoption of any local ordinance which provides for more
6.9stringent regulation of the subject matter in subdivisions 1 to 3.
6.10 Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish
6.11tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
6.12traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
6.13is a person who is a member of an Indian tribe as defined in section
6.14(b) The penalties in this section do not apply to a person under the age of 18 years
6.15who purchases or attempts to purchase tobacco
6.16delivery devices while under the direct supervision of a responsible adult for training,
6.17education, research, or enforcement purposes.
6.18 Subd. 6. Seizure of false identification. A retailer may seize a form of identification
6.19listed in section
6.20that the form of identification has been altered or falsified or is being used to violate any
6.21law. A retailer that seizes a form of identification as authorized under this subdivision
6.22shall deliver it to a law enforcement agency within 24 hours of seizing it.
6.23 Sec. 7. Minnesota Statutes 2012, section 609.6855, is amended to read:
6.24609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
6.25 Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of
6.2618 years a product containing or delivering nicotine or lobelia intended for human
6.27consumption, or any part of such a product, that is not tobacco or an electronic delivery
6.28device as defined by section
6.29Whoever violates this subdivision a subsequent time within five years of a previous
6.30conviction under this subdivision is guilty of a gross misdemeanor.
6.31(b) It is an affirmative defense to a charge under this subdivision if the defendant
6.32proves by a preponderance of the evidence that the defendant reasonably and in good faith
6.33relied on proof of age as described in section
6.34(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
6.35lobelia intended for human consumption, or any part of such a product, that is not tobacco
7.1 or an electronic delivery device as defined by section
7.2under the age of 18 if the product has been approved or otherwise certified for legal sale
7.3by the United States Food and Drug Administration for tobacco use cessation, harm
7.4reduction, or for other medical purposes, and is being marketed and sold solely for that
7.5approved purpose.
7.6 Subd. 2. Other offense. A person under the age of 18 years who purchases or
7.7attempts to purchase a product containing or delivering nicotine or lobelia intended for
7.8human consumption, or any part of such a product, that is not tobacco or an electronic
7.9delivery device as defined by section
7.10Minnesota identification card, or any type of false identification to misrepresent the
7.11person's age, is guilty of a misdemeanor.
7.12 Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and
7.132, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
7.14a product containing or delivering nicotine or lobelia intended for human consumption, or
7.15any part of such a product, that is not tobacco or an electronic delivery device as defined
7.16by section
