Senate Engrossed State of Arizona Senate Fifty-first Legislature First Regular Session 2013 CHAPTER 245 SENATE BILL 1209 AN ACT AMENDING SECTION 13-3622, TOBACCO-DERIVED PRODUCTS. ARIZONA REVISED STATUTES; (TEXT OF BILL BEGINS ON NEXT PAGE) - i - RELATING TO S.B. 1209 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-3622, Arizona Revised Statutes, is amended to read: 13-3622. Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to minor; minor accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product, vapor product or tobacco or shisha instruments or paraphernalia by underage person; classification; definitions A. A person who knowingly sells, gives or furnishes a tobacco product, A VAPOR PRODUCT or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor is guilty of a petty offense. B. A minor who buys, or has in his possession or knowingly accepts or receives from any person, a tobacco product, A VAPOR PRODUCT or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, is guilty of a petty offense, and if the offense involves any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, shall pay a fine of not less than one hundred dollars or perform not less than thirty hours of community restitution. C. A minor who misrepresents the minor's age to any person by means of a written instrument of identification with the intent to induce the person to sell, give or furnish a tobacco product, A VAPOR PRODUCT or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, in violation of subsection A or B of this section is guilty of a petty offense and, notwithstanding section 13-802, shall pay a fine of not more than five hundred dollars. D. This section does not apply to any of the following: 1. Cigars, cigarettes or cigarette papers, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, if it is used or intended to be used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise. 2. Any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor to smoke or ingest tobacco or shisha. - 1 - S.B. 1209 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 E. For the purposes of this section: 1. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener. 2. "Tobacco product" means any of the following: (a) Cigars. (b) Cigarettes. (c) Cigarette papers of any kind. (d) Smoking tobacco of any kind. (e) Chewing tobacco of any kind. 3. "VAPOR PRODUCT" MEANS A 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 LIQUID NICOTINE SOLUTION CONTAINED IN CARTRIDGES. VAPOR PRODUCT DOES NOT INCLUDE ANY PRODUCT THAT IS REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION UNDER CHAPTER V OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT. APPROVED BY THE GOVERNOR JUNE 20, 2013. FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 21, 2013. - 2 -