HB1541 (2010) Detail

Prohibiting the sale of e-cigarettes to minors.


CHAPTER 113

HB 1541-FN – FINAL VERSION

03Mar2010… 0476h

05May2010… 1745eba

2010 SESSION

10-2206

05/09

HOUSE BILL 1541-FN

AN ACT prohibiting the sale of e-cigarettes to minors.

SPONSORS: Rep. DiPentima, Rock 16; Rep. Merrick, Coos 2; Rep. Kotowski, Merr 9; Rep. Donovan, Sull 4; Rep. Pilliod, Belk 5; Sen. Gilmour, Dist 12

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill prohibits the sale of e-cigarettes and liquid nicotine to minors.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Mar2010… 0476h

05May2010… 1745eba

10-2206

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT prohibiting the sale of e-cigarettes to minors.

Be it Enacted by the Senate and House of Representatives in General Court convened:

113:1 New Paragraph; Youth Access to Tobacco Products; Definition of E-Cigarette. Amend RSA 126-K:2 by inserting after paragraph II the following new paragraph:

II-a. “E-cigarette” means any electronic smoking device composed of a mouthpiece, a heating

element, a battery, and electronic circuits that provides a vapor of pure nicotine mixed with propylene glycol to the user as the user simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name.

113:2 New Paragraph; Definition of Liquid Nicotine Added. Amend RSA 126-K:2 by inserting after paragraph III the following new paragraph:

III-a. “Liquid nicotine” means any liquid product composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes.

113:3 Proof of Age of Purchaser. Amend the introductory paragraph of RSA 126-K:3, I to read as follows:

I. For the purposes of this chapter, any person responsible for monitoring sales from a tobacco vending machine or any person making the sale of tobacco products, e-cigarettes, or liquid nicotine which vending machine or other sale is to be made to any person who does not appear to be at least 18 years of age, shall require the purchaser to furnish any of the following documentation that such person is 18 years of age or over:

113:4 Proof of Age of Purchaser. Amend the introductory paragraph of RSA 126-K:3, III to read as follows:

III. The establishment of all of the following facts by a person responsible for monitoring sales from a vending machine or a person or sampler making a sale or distribution of tobacco products, e-cigarettes, or liquid nicotine to a person under 18 years of age shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:

113:5 Sale and Distribution of E-Cigarettes to Minors Prohibited. Amend the section heading of RSA 126-K:4 and RSA 126-K:4, I to read as follows:

126-K:4 Sale and Distribution of Tobacco Products, E-cigarettes, or Liquid Nicotine to Minors Prohibited.

I. No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, or liquid nicotine to a minor. The prohibition established by this paragraph shall not be deemed to prohibit minors employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or liquid nicotine during the duration of their employment.

113:6 Distribution of Free Samples. Amend RSA 126-K:5, I and II to read as follows:

I. No person may distribute or offer to distribute samples of tobacco products, e-cigarettes, or liquid nicotine in a public place. This prohibition shall not apply to sampling:

(a) In an area to which minors are denied access.

(b) In a store to which a retailer's license has been issued.

(c) At factory sites, construction sites, conventions, trade shows, fairs, or motorsport facilities in areas to which minors are denied access.

II. The commission shall adopt rules, pursuant to RSA 541-A, concerning the distribution of free samples of tobacco products, e-cigarettes, or liquid nicotine to prevent their distribution to minors.

113:7 Possession and Use of E-Cigarettes by Minors. Amend the section heading of RSA 126-K:6 and RSA 126-K:6, I and II to read as follows:

126-K:6 Possession and Use of Tobacco Products, E-cigarettes, or Liquid Nicotine by Minors.

I. No person under 18 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, or liquid nicotine.

II. The prohibition on possession of tobacco products, e-cigarettes, or liquid nicotine shall not be deemed to prohibit minors employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or liquid nicotine during the duration of their employment.

113:8 Use of E-Cigarettes on Public Educational Facility Grounds Prohibited. Amend RSA 126-K:7 to read as follows:

126-K:7 Use of Tobacco Products, E-cigarettes, or Liquid Nicotine on Public Educational Facility Grounds Prohibited.

I. No person shall use any tobacco product, e-cigarette, or liquid nicotine in any public educational facility or on the grounds of any public educational facility.

II. Any person who violates this section shall be guilty of a violation and, notwithstanding RSA 651:2, shall be punished by a fine not to exceed $100 for each offense.

113:9 Special Provisions. Amend RSA 126-K:8, I to read as follows:

I. No person shall sell, give, or furnish tobacco products, e-cigarettes, or liquid nicotine to a minor who has a note from an adult requesting such sale, gift, or delivery.

113:10 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 1, 2010

Effective Date: July 31, 2010