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Under current law, the Department of Health Services, a local health
department, a state agency, or a state or local law enforcement agency is authorized
conduct unannounced investigations of retail outlets where cigarettes or tobacco
products are sold to survey overall levels of compliance with the prohibitions against
selling cigarettes or tobacco products to minors. Under this bill, an authorized entity
may also investigate retail outlets where nicotine products are sold to survey overall
levels of compliance with the prohibitions against selling nicotine products to
minors.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB93-ASA1, s. 1 1Section 1. 134.66 (title) of the statutes is amended to read:
AB93-ASA1,2,3 2134.66 (title) Restrictions on sale or gift of cigarettes or nicotine or
3tobacco products.
AB93-ASA1, s. 2 4Section 2. 134.66 (1) (f) of the statutes is created to read:
AB93-ASA1,2,65 134.66 (1) (f) "Nicotine product" means a product that contains nicotine and is
6not any of the following:
AB93-ASA1,2,77 1. A tobacco product.
AB93-ASA1,2,88 2. A cigarette.
AB93-ASA1,2,119 3. A product that has been approved by the U.S. food and drug administration
10for sale as a smoking cessation product or for another medical purpose and is being
11marketed and sold solely for such an approved purpose.
AB93-ASA1, s. 3 12Section 3. 134.66 (2) (a) of the statutes is amended to read:
AB93-ASA1,3,9
1134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
2subjobber, no agent, employee or independent contractor of a retailer, direct
3marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
4of an independent contractor may sell or provide for nominal or no consideration
5cigarettes, nicotine products, or tobacco products to any person under the age of 18,
6except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under
7this paragraph for the purchase of cigarettes, nicotine products, or tobacco products
8from his or her vending machine by a person under the age of 18 if the vending
9machine operator was unaware of the purchase.
AB93-ASA1, s. 4 10Section 4. 134.66 (2) (am) of the statutes is amended to read:
AB93-ASA1,3,1811 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber,
12subjobber, no agent, employee or independent contractor of a retailer, direct
13marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
14of an independent contractor may provide for nominal or no consideration cigarettes,
15nicotine products,
or tobacco products to any person except in a place where no
16person younger than 18 years of age is present or permitted to enter unless the
17person who is younger than 18 years of age is accompanied by his or her parent or
18guardian or by his or her spouse who has attained the age of 18 years.
AB93-ASA1, s. 5 19Section 5. 254.911 (3m) of the statutes is created to read:
AB93-ASA1,3,2020 254.911 (3m) "Nicotine product" has the meaning given in s. 134.66 (1) (f).
AB93-ASA1, s. 6 21Section 6. 254.911 (5) of the statutes is amended to read:
AB93-ASA1,3,2322 254.911 (5) "Retail outlet" means a place of business from which cigarettes,
23nicotine products,
or tobacco products are sold at retail to consumers.
AB93-ASA1, s. 7 24Section 7. 254.916 (2) (intro.) of the statutes is amended to read:
AB93-ASA1,4,4
1254.916 (2) (intro.) With the permission of his or her parent or guardian, a
2person under 18 years of age, but not under 15 years of age, may buy, attempt to buy
3or possess any cigarette, nicotine product, or tobacco product if all of the following
4are true:
AB93-ASA1, s. 8 5Section 8. 254.92 (1) of the statutes is amended to read:
AB93-ASA1,4,76 254.92 (1) No person under 18 years of age may falsely represent his or her age
7for the purpose of receiving any cigarette, nicotine product, or tobacco product.
AB93-ASA1, s. 9 8Section 9. 254.92 (2) of the statutes is amended to read:
AB93-ASA1,4,109 254.92 (2) No person under 18 years of age may purchase, attempt to purchase,
10or possess any cigarette, nicotine product, or tobacco product except as follows:
AB93-ASA1,4,1311 (a) A person under 18 years of age may purchase or possess cigarettes , nicotine
12products,
or tobacco products for the sole purpose of resale in the course of
13employment during his or her working hours if employed by a retailer.
AB93-ASA1,4,1714 (b) A person under 18 years of age, but not under 15 years of age, may purchase,
15attempt to purchase or possess cigarettes, nicotine products, or tobacco products in
16the course of his or her participation in an investigation under s. 254.916 that is
17conducted in accordance with s. 254.916 (3).
AB93-ASA1, s. 10 18Section 10. 254.92 (2m) (intro.) of the statutes is amended to read:
AB93-ASA1,4,2119 254.92 (2m) (intro.) No person may purchase cigarettes , tobacco products, or
20nicotine products
on behalf of, or to provide to, any person who is under 18 years of
21age. Any person who violates this subsection may be:
AB93-ASA1, s. 11 22Section 11. 254.92 (3) of the statutes is amended to read:
AB93-ASA1,5,3
1254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product,
2or tobacco product that has been sold to and is in the possession of a person under
318 years of age.
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