New Jersey-2024-A1810-Introduced

An Act concerning flavored cigarettes non-premium cigars, and oral nicotine pouches, and amending P.L.2008, c.91.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2008, c.91 (C.2A:170-51.6) is amended to read as follows:

2. a. No [person] retailer, either directly or indirectly by an agent or employee, or by a vending machine owned by the [person] retailer or located in the [person's] retailer's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person an oral nicotine pouch, a non-premium cigar, or a cigarette, or any component part thereof, which contains a natural or artificial constituent or additive that causes the oral nicotine pouch, non-premium cigar, or cigarette or any smoke emanating from [that] the cigarette or [product] non-premium cigar to have a characterizing flavor other than tobacco[, clove or menthol]. In no event shall an oral nicotine pouch, a non-premium cigar, or a cigarette or any component part thereof be construed to have a characterizing flavor based solely on the use of additives or flavorings, or the provision of an ingredient list made available by any means.

As used in this section:

(1) "characterizing flavor other than tobacco[, clove or menthol]" means that: the oral nicotine pouch , non-premium cigar, or cigarette, or any smoke emanating from [that product] the cigarette or non-premium cigar, imparts a distinguishable flavor, taste or aroma other than tobacco[, clove or menthol] prior to or during consumption, excluding a naturally occurring flavor that has not been added to the oral nicotine pouch, non-premium cigar, or cigarette or any component part thereof during the manufacture or distribution of the oral nicotine pouch, non-premium cigar, or cigarette, and including, but not limited to, any menthol, mint, wintergreen, clove, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice flavoring; or the oral nicotine pouch, non-premium cigar, or cigarette or any component part thereof is advertised or marketed as having or producing any such flavor, taste or aroma;

(2) "cigarette" means (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and (b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subparagraph (a) of this paragraph (2); [and]

(3) "component part thereof" includes, but is not limited to, the tobacco, paper, roll or filter, or any other matter or substance which can be smoked;

(4) "oral nicotine pouch" means a tobacco free pouch intended for oral use that contains nicotine; and

(5) "non-premium cigar" means any mechanically manufactured or mass-produced roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, irrespective of size, shape, or flavoring, which may or may not have a characterizing flavor other than tobacco, and which may or may not contain a mouthpiece or tip.

b. A [person] retailer who violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.

c. In addition to the provisions of subsection b. of this section, upon the recommendation of the municipality, following a hearing by the municipality, the Division of Taxation in the Department of the Treasury may suspend or, after a second or subsequent violation of the provisions of subsection a. of this section, revoke the license of a retail dealer issued under section 202 of P.L.1948, c.65 (C.54:40A-4). The licensee shall be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation, which may provide for a monetary penalty in lieu of a suspension.

(cf: P.L.2008, c.91, s.2)

2. This act shall take effect on the 60th day after enactment.

STATEMENT

This bill extends the current ban on the sale of flavored cigarettes to include menthol cigarettes, which were exempted from
the flavored cigarette ban when it was first enacted in 2008. The bill also bans flavored oral nicotine pouches and non-premium cigars, as those terms are defined in the bill. The bill additionally makes the prohibitions and the penalties under the flavored cigarette ban applicable to retailers, rather than individuals.

The revision to the flavor ban means that a retailer is not to, either directly or indirectly by an agent or employee, or by a vending machine owned by the retailer or located in the retailer's establishment, sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person an oral nicotine pouch, a non-premium cigar, or a cigarette, or any component part thereof, which contains a natural or artificial constituent or additive that causes the oral nicotine pouch, non-premium cigar, or cigarette, or any smoke emanating from the cigarette or non-premium cigar, to have a characterizing flavor other than tobacco. In no event is an oral nicotine pouch, a non-premium cigar, or a cigarette or any component part thereof to be construed to have a characterizing flavor based solely on the use of additives or flavorings, or the provision of an ingredient list made available by any means.

The existing penalties under the flavored cigarette bill will continue to apply, such that a retailer who makes a prohibited sale will be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. In addition, upon the recommendation of the municipality in which the violation occurred, following a hearing by the municipality, the Division of Taxation in the Department of the Treasury may suspend or, after a second or subsequent violation, revoke the retailer's tobacco retailer license. The licensee will also be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation, which may provide for a monetary penalty in lieu of a suspension.