14 LC 28 7064ERS/AP House Bill 251 (AS PASSED HOUSE AND SENATE) By: Representative Powell of the 32nd A BILL TO BE ENTITLED AN ACT 1 To amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, 2 relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related 3 objects, so as to provide definitions; to provide for the regulation of alternative nicotine 4 products and vapor products; to provide for related matters; to provide an effective date; to 5 repeal conflicting laws; and for other purposes. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 7 SECTION 1. 8 Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale 9 or distribution to, or possession by, minors of cigarettes and tobacco related objects, is 10 amended by revising Code Section 16-12-170, relating to definitions, as follows: 11 "16-12-170. 12 As used in this article, the term: 13 (1) 'Alternative nicotine product' means any noncombustible product containing nicotine 14 that is intended for human consumption, whether chewed, absorbed, dissolved, or 15 ingested by any other means. The term 'alternative nicotine product' shall not include any 16 tobacco product, vapor product, or any product regulated as a drug or device by the 17 United States Food and Drug Administration under Chapter V of the Food, Drug, and 18 Cosmetic Act. 19 (1)(2) 'Cigar wraps' means individual cigar wrappers, known as wraps, blunt wraps, or 20 roll your own cigar wraps, that consist in whole or in part of reconstituted tobacco leaf 21 or flavored tobacco leaf. 22 (2)(3) 'Cigarette' means roll for smoking made wholly or in part of tobacco when the 23 cover of the roll is paper or any substance other than tobacco 'Cigarettes' means any type 24 of tobacco or tobacco product. H. B. 251 -1- 14 LC 28 7064ERS/AP 25 (3)(4) 'Community service' means a public service which a minor might appropriately 26 be required to perform, as determined by the court, as punishment for certain offenses 27 provided for in this article. 28 (4)(5) 'Minor' means any person who is under the age of 18 years. 29 (5)(6) 'Person' means any natural person or any firm, partnership, company, corporation, 30 or other entity. 31 (6)(7) 'Proper identification' means any document issued by a governmental agency 32 containing a description of the person, such person's photograph, or both, and giving such 33 person's date of birth and includes, without being limited to, a passport, military 34 identification card, driver's license, or an identification card authorized under Code 35 Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth 36 certificate. 37 (8) 'Tobacco product' means any cigars, little cigars, granulated, plug cut, crimp cut, 38 ready rubbed, and other smoking tobacco; snuff or snuff powder; cavendish; plug and 39 twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, 40 cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in 41 such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both 42 for chewing and smoking. The term 'tobacco product' shall not include any alternative 43 nicotine product, vapor product, or product regulated as a drug or device by the United 44 States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic 45 Act. 46 (7)(9) 'Tobacco related objects' means any papers, wrappers, or other products, devices, 47 or substances, including cigar wraps, which are used for the purpose of making cigarettes 48 or tobacco products in any form whatsoever. 49 (10) 'Vapor product' means any noncombustible product containing nicotine that 50 employs a heating element, power source, electronic circuit, or other electronic, chemical, 51 or mechanical means, regardless of shape or size, that can be used to produce vapor from 52 nicotine in a solution or other form. The term 'vapor product' shall include any electronic 53 cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or 54 device and any vapor cartridge or other container of nicotine in a solution or other form 55 that is intended to be used with or in an electronic cigarette, electronic cigar, electronic 56 cigarillo, electronic pipe, or similar product or device. The term 'vapor product' shall not 57 include any product regulated as a drug or device by the United States Food and Drug 58 Administration under Chapter V of the Food, Drug, and Cosmetic Act." H. B. 251 -2- 14 LC 28 7064ERS/AP 59 SECTION 2. 60 Said article is further amended by revising Code Section 16-12-171, relating to prohibited 61 acts, as follows: 62 "16-12-171. 63 (a)(1) It shall be unlawful for any person knowingly to: 64 (A) Sell or barter, directly or indirectly, any cigarettes, tobacco products, or tobacco 65 related objects, alternative nicotine products, or vapor products to a minor; 66 (B) Purchase any cigarettes, tobacco products, or tobacco related objects, alternative 67 nicotine products, or vapor products for any minor unless the minor for whom the 68 purchase is made is the child of the purchaser; or 69 (C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes, 70 tobacco products, or tobacco related objects, alternative nicotine products, or vapor 71 products. 72 (2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply 73 with respect to sale of cigarettes, tobacco products, or tobacco related objects, 74 alternative nicotine products, or vapor products by a person when such person has been 75 furnished with proper identification showing that the person to whom the cigarettes, 76 tobacco products, or tobacco related objects, alternative nicotine products, or vapor 77 products are sold is 18 years of age or older. 78 (B) In any case where a reasonable or prudent person could reasonably be in doubt as 79 to whether or not the person to whom cigarettes, tobacco products, or tobacco related 80 objects, alternative nicotine products, or vapor products are to be sold or otherwise 81 furnished is actually 18 years of age or older, it shall be the duty of the person selling 82 or otherwise furnishing such cigarettes, tobacco products, or tobacco related objects, 83 alternative nicotine products, or vapor products to request to see and to be furnished 84 with proper identification as provided for in subsection (b) of this Code section in order 85 to verify the age of such person. The failure to make such request and verification in 86 any case where the person to whom the cigarettes, tobacco products, or tobacco related 87 objects, alternative nicotine products, or vapor products are sold or otherwise furnished 88 is less than 18 years of age may be considered by the trier of fact in determining 89 whether the person selling or otherwise furnishing such cigarettes, tobacco products, 90 or tobacco related objects, alternative nicotine products, or vapor products did so 91 knowingly. 92 (3) Any person who violates this subsection shall be guilty of a misdemeanor. 93 (b)(1) It shall be unlawful for any minor to: 94 (A) Purchase, attempt to purchase, or possess for personal use any cigarettes, tobacco 95 products, or tobacco related objects, alternative nicotine products, or vapor products. H. B. 251 -3- 14 LC 28 7064ERS/AP 96 This subparagraph shall not apply to possession of cigarettes, tobacco products, or 97 tobacco related objects, alternative nicotine products, or vapor products by a minor 98 when a parent or guardian of such minor gives the cigarettes, tobacco products, or 99 tobacco related objects, alternative nicotine products, or vapor products to the minor 100 and possession is in the home of the parent or guardian and such parent or guardian is 101 present; or 102 (B) Misrepresent such minor's identity or age or use any false identification for the 103 purpose of purchasing or procuring any cigarettes, tobacco products, or tobacco related 104 objects, alternative nicotine products, or vapor products. 105 (2) A minor who commits an offense provided for in paragraph (1) of this subsection 106 may be punished as follows: 107 (A) By requiring the performance of community service not exceeding 20 hours; 108 (B) By requiring attendance at a publicly or privately sponsored lecture or discussion 109 on the health hazards of smoking or tobacco use, provided such lecture or discussion 110 is offered without charge to the minor; or 111 (C) By a combination of the punishments described in subparagraphs (A) and (B) of 112 this paragraph." 113 SECTION 3. 114 Said article is further amended by revising subsection (a) of Code Section 16-12-172, relating 115 to posting signs in places of business, as follows: 116 "(a) Any person owning or operating a place of business in which cigarettes, tobacco 117 products, or tobacco related objects are sold or offered for sale shall post in a conspicuous 118 place a sign which shall contain the following statement: 119 'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO 120 RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR 121 PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.' 122 Such sign shall be printed in letters of at least one-half inch in height." 123 SECTION 4. 124 Said article is further amended by revising Code Section 16-12-173, relating to sales from 125 vending machines, as follows: 126 "16-12-173. 127 (a)(1) Any person who maintains in such person's place of business a vending machine 128 which dispenses cigarettes, tobacco products, or tobacco related objects, alternative 129 nicotine products, or vapor products shall place or cause to be placed in a conspicuous 130 place on such vending machine a sign containing the following statement: H. B. 251 -4- 14 LC 28 7064ERS/AP 131 'THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, OR TOBACCO 132 RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR 133 PRODUCTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER 18 134 YEARS OF AGE IS PROHIBITED BY LAW.' 135 (2) Any person who maintains in such person's place of business a vending machine 136 which dispenses cigarettes, tobacco products, or tobacco related objects, alternative 137 nicotine products, or vapor products shall not dispense any nontobacco other type of 138 product, other than matches, in such vending machine. 139 (b) Any person who fails to comply with the requirements of subsection (a) of this Code 140 section shall be guilty of a misdemeanor; provided, however, for a first offense, the 141 sentence shall be a fine not to exceed $300.00. 142 (c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person 143 knowingly to allow a minor to operate a vending machine which dispenses cigarettes, 144 tobacco products, or tobacco related objects, alternative nicotine products, or vapor 145 products. 146 (d) 147 Section 16-12-171 shall apply to the operation by a minor of a vending machine which 148 dispenses cigarettes, tobacco products, or tobacco related objects, alternative nicotine 149 products, or vapor products. The offenses provided for by paragraph (1) of subsection (b) of Code 150 (e)(1) The sale or offering for sale of cigarettes, tobacco products, or tobacco related 151 objects, alternative nicotine products, or vapor products from vending machines shall not 152 be permitted except: 153 (A) In locations which are not readily accessible to minors, including but not limited 154 to: 155 (i) Factories, businesses, offices, and other places which are not open to the general 156 public; 157 (ii) Places open to the general public which do not admit minors; and 158 (iii) Places where alcoholic beverages are offered for sale; 159 (B) In areas which are in the immediate vicinity, plain view, and under the continuous 160 supervision of the proprietor of the establishment or an employee who will observe the 161 purchase of cigarettes, tobacco products, and tobacco related objects, alternative 162 nicotine products, and vapor products from the vending machine; and 163 (C) In rest areas adjacent to roads and highways of the state. 164 (2) Violation of this subsection shall be punished as provided in subsection (b) of this 165 Code section for violation of subsection (a) of this Code section." H. B. 251 -5- 14 LC 28 7064ERS/AP 166 SECTION 5. 167 Said article is further amended by revising subsection (a) of Code Section 16-12-174, relating 168 to distribution of tobacco product samples, as follows: 169 "(a) As used in this Code section, the term 'tobacco product sample' means a cigarette, 170 tobacco product, alternative nicotine product, or vapor product distributed to members of 171 the general public at no cost for purposes of promoting the product." 172 SECTION 6. 173 Said article is further amended by revising subsection (b) of Code Section 16-12-175, 174 relating to enforcement actions, collection and report of fines, inspections by law 175 enforcement agencies, and annual report, as follows: 176 "(b) The state revenue commissioner, acting through special agents or enforcement 177 officers, shall annually conduct random, unannounced inspections at locations where 178 cigarettes, tobacco products, alternative nicotine products, or vapor products are sold or 179 distributed to ensure compliance with this article. Persons under the age of 18 years may 180 be enlisted to test compliance with this article; provided, however, that such persons may 181 be used to test compliance with this article only if the testing is conducted under the direct 182 supervision of such special agents or enforcement officers and written parental consent has 183 been provided. Any other use of persons under the age of 18 years to test compliance with 184 this article or any other prohibition of like or similar import shall be unlawful and the 185 person or persons responsible for such use shall be subject to the penalties prescribed in 186 this article. The state revenue commissioner shall prepare annually for submission by the 187 Governor to the secretary of the United States Department of Health and Human Services 188 the report required by section 1926 of subpart I of part B of Title XIX of the federal Public 189 Health Service Act, 42 U.S.C. 300x-26." 190 191 192 193 SECTION 7. This Act shall become effective on July 1, 2014. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. H. B. 251 -6-