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***THIS IS A TEMPLATE AND MAY REQUIRE SIGNIFICANT MODIFICATION TO BE
INCORPORATED IN ANY SPECIFIC STATE STATUTES.
YTP TEMPLATE
SEC 1. DEFINITIONS
1. Distribute. – To sell, furnish, give, or provide tobacco products, tobacco-derived
products, vapor products 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, tobacco-derived product or vapor product distributed to
members of the general public at no cost for the purpose of promoting the product.
4. Tobacco-derived product. – Any non-combustible product derived from tobacco that
contains nicotine and is intended for human consumption, whether chewed, absorbed,
dissolved or ingested by any other means, but not including a vapor product or any
product regulated by the United States Food and Drug Administration under Chapter V of
the Food, Drug and Cosmetic Act.
5. Tobacco product. – Any product that contains tobacco and is intended for human
consumption, but not including a tobacco-derived product or a vapor product.
6. Vapor product. – Any non-combustible tobacco-derived product containing nicotine,
such as an electronic cigarette, that employs a mechanical heating element, battery or
electronic circuit, regardless of shape or size, that can be used to heat a liquid nicotine
solution contained in a vapor cartridge. “Vapor product” includes any vapor cartridge that
can be used with or in a vapor product and containing liquid nicotine solution, but does not
include any product regulated by the United States Food and Drug Administration under Chapter
V of the Food, Drug and Cosmetic Act.

SEC 2. SALE OR DISTRIBUTION TO PERSONS UNDER 18 YEARS OF AGE.
If any person shall distribute, or aid, assist, or abet any other person in distributing
tobacco products, tobacco-derived products, vapor products or cigarette wrapping papers to any
person under 18 years of age, or if any person shall purchase tobacco products, tobacco-derived
products, vapor products or cigarette wrapping papers on behalf of a person under 18 years of
age, the person shall be guilty of a [MISDEMEANOR]; provided, however, that it shall not be
unlawful to distribute tobacco products, tobacco-derived products, vapor products or cigarette
wrapping papers to an employee when required in the performance of the employee's duties.
Retail distributors of tobacco products, tobacco-derived products, vapor products or cigarette
wrapping papers shall prominently display near the point of sale a sign in letters at least fiveeighths of an inch high which states the following:
[STATE] LAW STRICTLY PROHIBITS
THE PURCHASE OF TOBACCO PRODUCTS,
TOBACCO-DERIVED PRODUCTS, VAPOR PRODUCTS
AND CIGARETTE WRAPPING PAPERS
BY PERSONS UNDER THE AGE OF 18.
PROOF OF AGE REQUIRED.
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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, tobacco-derived products, 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 [MISDEMEANOR] if in
fact the prospective purchaser is under 18 years of age. Retail distributors of tobacco products,
tobacco-derived products, 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 a biometric identification system that demonstrated
a. the purchaser's age to be at least the required age for the purchase and
b. the purchaser had previously registered with the seller or seller's agent a drivers
license, 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.
SEC 3. DISTRIBUTION THROUGH VENDING MACHINES.
Tobacco products, tobacco-derived products or vapor products shall not be distributed in
vending machines; provided, however, vending machines distributing tobacco, tobacco-derived
products or 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 [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. Any person distributing tobacco products, tobacco-derived products or vapor
products through vending machines in violation of this subsection after [DATE] shall be guilty
of a [MISDEMEANOR].
SEC 4. INTERNET SALES.
A person engaged in the sale of tobacco products, tobacco-derived products or 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
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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
or vapor products is 18 years of age or older.
SEC 5. PURCHASE OR POSSESSION BY PERSONS UNDER 18 YEARS OF AGE.
If any person under 18 years of age purchases or possesses, or attempts to purchase or
possess, tobacco products, tobacco-derived products, 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 products,
tobacco-derived products, vapor products or cigarette wrapping papers, the person shall be guilty
of a [MISDEMEANOR].
SEC 6. SEND OR ASSIST PERSON UNDER 18 YEARS OF AGE TO PURCHASE OR
RECEIVE.
If any person shall send a person under 18 years of age to purchase, acquire, receive, or
attempt to purchase, acquire, or receive tobacco products, tobacco-derived products, vapor
products or cigarette wrapping papers, or if any person shall aid or abet a person who is under 18
years of age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive
tobacco products, tobacco-derived products, vapor products or cigarette wrapping papers, the
person shall be guilty of a [MISDEMEANOR]; provided, however, persons under 18 years of
age 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 [ENFORCEMENT AGENCY] shall have the authority,
pursuant to a written plan prepared by the [HEAD OF THE ENFORCEMENT AGENCY], 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 18 years of age, and preparing any report to the extent
required by section 1926 of the federal Public Health Service Act (42 USC § 300x-26).
SEC 7. STATEWIDE UNIFORMITY.
It is the intent of the General Assembly to prescribe this uniform system for the
regulation of tobacco 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 this Act. To ensure uniformity, no political
subdivisions, boards, or agencies of the State nor any political subdivision thereof, may enact
ordinances, rules or regulations concerning the sale, distribution, display or promotion of (i)
tobacco products, tobacco-derived products, vapor products or cigarette wrapping papers on or
after [DATE]. This subsection does not apply to the regulation of vending machines, nor does it
prohibit the [HEAD OF TAXING AGENCY] from adopting rules with respect to the
administration of the tobacco products taxes levied in this State.

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