AB65,6 23Section 6. 134.66 (2) (cm) 1m. of the statutes is amended to read:
AB65,4,424 134.66 (2) (cm) 1m. A retailer or vending machine operator may not sell
25cigarettes, vapor products, or tobacco products from a vending machine unless the

1vending machine is located in a place where the retailer or vending machine operator
2ensures that no person younger than 18 years of age is present or permitted to enter
3unless he or she is accompanied by his or her parent or guardian or by his or her
4spouse who has attained the age of 18 years.
AB65,7 5Section 7. 134.66 (2m) (a) of the statutes is amended to read:
AB65,4,206 134.66 (2m) (a) Except as provided in par. (b), at the time that a retailer hires
7or contracts with an agent, employee, or independent contractor whose duties will
8include the sale of cigarettes, vapor products, or tobacco products, the retailer shall
9provide the agent, employee, or independent contractor with training on compliance
10with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for
11a violation of sub. (2) (a) or (am). The department of health services shall make
12available to any retailer on request a training program developed or approved by that
13department that provides the training required under this paragraph. A retailer
14may comply with this paragraph by providing the training program developed or
15approved by the department of health services or by providing a comparable training
16program approved by that department. At the completion of the training, the retailer
17and the agent, employee, or independent contractor shall sign a form provided by the
18department of health services verifying that the agent, employee, or independent
19contractor has received the training, which the retailer shall retain in the personnel
20file of the agent, employee, or independent contractor.
AB65,8 21Section 8. 134.66 (3) (intro.) of the statutes is amended to read:
AB65,5,222 134.66 (3) Defense; sale to minor. (intro.) Proof of all of the following facts
23by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or
24independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber,
25or an agent or employee of an independent contractor who sells cigarettes, vapor

1products,
or tobacco products to a person under the age of 18 is a defense to any
2prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):
AB65,9 3Section 9. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
4statutes is amended to read:
AB65,5,55 CHAPTER 254
AB65,5,96 SUBCHAPTER IX
7 SALE OR GIFT OF CIGARETTES,
8 NICOTINE PRODUCTS, VAPOR PRODUCTS,
9OR TOBACCO PRODUCTS TO MINORS
AB65,10 10Section 10. 254.911 (11) of the statutes is created to read:
AB65,5,1111 254.911 (11) “Vapor product” has the meaning given in s. 134.66 (1) (jm).
AB65,11 12Section 11. 254.916 (2) (intro.) of the statutes is amended to read:
AB65,5,1613 254.916 (2) (intro.) With the permission of his or her parent or guardian, a
14person under 18 years of age, but not under 15 years of age, may buy, attempt to buy
15or possess any cigarette, nicotine product, vapor product, or tobacco product if all of
16the following are true:
AB65,12 17Section 12. 254.92 (title) of the statutes is amended to read:
AB65,5,20 18254.92 (title) Purchase or possession of cigarettes or, nicotine
19products, vapor products, or
tobacco products by person under 18
20prohibited.
AB65,13 21Section 13. 254.92 (1) of the statutes is amended to read:
AB65,5,2422 254.92 (1) No person under 18 years of age may falsely represent his or her age
23for the purpose of receiving any cigarette, nicotine product, vapor product, or tobacco
24product.
AB65,14 25Section 14. 254.92 (2) of the statutes is amended to read:
AB65,6,3
1254.92 (2) No person under 18 years of age may purchase, attempt to purchase,
2or possess any cigarette, nicotine product, vapor product, or tobacco product except
3as follows:
AB65,6,64 (a) A person under 18 years of age may purchase or possess cigarettes, nicotine
5products, vapor product, or tobacco products for the sole purpose of resale in the
6course of employment during his or her working hours if employed by a retailer.
AB65,6,107 (b) A person under 18 years of age, but not under 15 years of age, may purchase,
8attempt to purchase or possess cigarettes, nicotine products, vapor products, or
9tobacco products in the course of his or her participation in an investigation under
10s. 254.916 that is conducted in accordance with s. 254.916 (3).
AB65,15 11Section 15. 254.92 (2m) (intro.) of the statutes is amended to read:
AB65,6,1412 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or
13nicotine products, or vapor products on behalf of, or to provide to, any person who is
14under 18 years of age. Any person who violates this subsection may be:
AB65,16 15Section 16. 254.92 (3) of the statutes is amended to read:
AB65,6,1816 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product,
17vapor product, or tobacco product that has been sold to and is in the possession of a
18person under 18 years of age.
AB65,17 19Section 17. Initial applicability.
AB65,6,2320 (1) This act first applies to sales or the provision of vapor products to persons
21under the age of 18 and to purchases, attempts to purchase, and false
22representations of age for the purpose of receiving any vapor product by persons
23under the age of 18 on the effective date of this subsection.
AB65,18 24Section 18. Effective date.
AB65,7,2
1(1) This act takes effect on the first day of the 7th month beginning after
2publication.
AB65,7,33 (End)
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