259:1 Youth Access to and Use of Tobacco Products; Definitions. Amend RSA 126-K:2, II-a to read as follows:

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.

259:2 Youth Access to and Use of Tobacco Products. 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:

259:3 Youth Access to and Use of Tobacco Products. 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:

259:4 Youth Access to and Use of Tobacco Products. Amend the section heading and paragraph I of RSA 126-K:4 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.

259:5 Youth Access to and Use of Tobacco Products, Devices, E-cigarettes, or E-liquids. Amend the section heading and paragraphs I and II of RSA 126-K:6 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 e-liquids during the duration of their employment.

259:6 Youth Access to and Use of Tobacco Products, E-cigarettes, Devices or E-Liquids on Public Educational Facility Grounds Prohibited. Amend the section heading and paragraph I of RSA 126-K:7 to read as follows:

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

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

259:7 Youth Access to and Use of Tobacco Products. 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 e-liquid to a minor who has a note from an adult requesting such sale, gift, or delivery.

259:8 Indoor Smoking Act; Definitions. Amend RSA 155:65, XV to read as follows:

XV. "Smoking" means having in one's possession a lighted cigarette, cigar, or pipe, or any device designed to produce the effect of smoking, including devices as defined in RSA 126-K:2, II-a.

259:9 Repeal. RSA 126-K:2, III-a, relative to definition of liquid nicotine, is repealed.

259:10 Effective Date. This act shall take effect July 1, 2019.

Approved: July 19, 2019

Effective Date: July 01, 2019

259:1 Youth Access to and Use of Tobacco Products; Definitions. Amend RSA 126-K:2, II-a to read as follows:

II-a. "Device" means any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis. Device may include, but is not limited to, hookah, e-cigarette, e-cigar, e-pipe, vape pen, e-hookah.

II-b. "E-cigarette" means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that may or may not contain nicotine or e-liquid . This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name.

II-c. "E-liquid" means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation.

259:2 Youth Access to and Use of Tobacco Products. 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 e-liquid 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:

259:3 Youth Access to and Use of Tobacco Products. 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 e-liquid to a person under 18 years of age shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:

259:4 Youth Access to and Use of Tobacco Products. Amend the section heading and paragraph I of RSA 126-K:4 to read as follows:

126-K:4 Sale and Distribution of Tobacco Products, E-cigarettes, or E-Liquid 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 e-liquid 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.

259:5 Youth Access to and Use of Tobacco Products, Devices, E-cigarettes, or E-liquids. Amend the section heading and paragraphs I and II of RSA 126-K:6 to read as follows:

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

I. No minor shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, or e-liquid except that a minor who has been issued a registry identification card underRSA 126-X:4 may possess e-liquids containing cannabis and applicable devices .

II. The prohibition on possession of tobacco products, devices, e-cigarettes, or e-liquid 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, devices, e-cigarettes, or e-liquids during the duration of their employment.

259:6 Youth Access to and Use of Tobacco Products, E-cigarettes, Devices or E-Liquids on Public Educational Facility Grounds Prohibited. Amend the section heading and paragraph I of RSA 126-K:7 to read as follows:

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

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

259:7 Youth Access to and Use of Tobacco Products. Amend RSA 126-K:8, I to read as follows:

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

259:8 Indoor Smoking Act; Definitions. Amend RSA 155:65, XV to read as follows:

XV. "Smoking" means having in one's possession a lighted cigarette, cigar, or pipe, or any device designed to produce the effect of smoking, including devices as defined in RSA 126-K:2, II-a.

259:9 Repeal. RSA 126-K:2, III-a, relative to definition of liquid nicotine, is repealed.

259:10 Effective Date. This act shall take effect July 1, 2019.

Approved: July 19, 2019

Effective Date: July 01, 2019