Amendment SSA1-SB364

SB364-SSA1,4,7 (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, nicotine products, or tobacco products, or vapor products to any person except in a place where no person younger than 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act is present or permitted to enter unless the person who is younger than 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

SB364-SSA1,4,12 (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes or, tobacco products , or vapor products are sold to consumers stating that the sale of any cigarette or, tobacco product, or vapor product to a person under the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act is unlawful under this section and s. 254.92.

SB364-SSA1,4,18 2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or, tobacco product, or vapor product by a person under the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act is unlawful under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.

SB364-SSA1,5,2 (cm) 1m. A retailer or vending machine operator may not sell cigarettes or, tobacco products, or vapor products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

SB364-SSA1,5 Section 5 . 134.66 (2m) (a) of the statutes is amended to read:

SB364-SSA1,5,18 134.66 (2m) (a) Except as provided in par. (b), at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes, vapor products, or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for a violation of sub. (2) (a) or (am). The department of health services shall make available to any retailer on request a training program developed or approved by that department that provides the training required under this paragraph. A retailer may comply with this paragraph by providing the training program developed or approved by the department of health services or by providing a comparable training program approved by that department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the department of health services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor.

SB364-SSA1,6 Section 6 . 134.66 (3) of the statutes is amended to read:

SB364-SSA1,6,2 134.66 (3) Defense; sale to minor. Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes or, tobacco products, or vapor products to a person under the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act is a defense to any prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):

SB364-SSA1,6,5 (a) That the purchaser falsely represented that he or she had attained the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act and presented an identification card.

SB364-SSA1,6,9 (b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

SB364-SSA1,6,13 (c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

SB364-SSA1,7 Section 7 . 139.345 (3) (a) (intro.) of the statutes is amended to read:

SB364-SSA1,6,18 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the consumer is at least 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act by any of the following methods:

SB364-SSA1,8 Section 8 . 139.345 (3) (b) 2. of the statutes is amended to read:

SB364-SSA1,6,24 139.345 (3) (b) 2. That the consumer understands that no person who is under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may purchase or possess cigarettes or falsely represent his or her age for the purpose of receiving cigarettes, as provided under s. 254.92.

SB364-SSA1,9 Section 9 . 139.345 (7) (a) of the statutes is amended to read:

SB364-SSA1,7,10 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct marketing to a consumer in this state unless the person making the delivery receives a government issued identification card from the person receiving the package and verifies that the person receiving the package is at least 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act. If the person receiving the package is not the person to whom the package is addressed, the person delivering the package shall have the person receiving the package sign a statement that affirms that the person to whom the package is addressed is at least 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

SB364-SSA1,10 Section 10 . Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:

SB364-SSA1,7,13 CHAPTER 254

SB364-SSA1,7,14 SUBCHAPTER IX

SB364-SSA1,7,15 SALE OR GIFT OF CIGARETTES,

SB364-SSA1,7,16 NICOTINE PRODUCTS, vapor

SB364-SSA1,7,17 products, OR TOBACCO

SB364-SSA1,7,18 PRODUCTS TO MINORS

SB364-SSA1,11 Section 11 . 254.911 (11) of the statutes is created to read:

SB364-SSA1,7,20 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).

SB364-SSA1,12 Section 12 . 254.916 (2) (intro.) of the statutes is amended to read:

SB364-SSA1,8,2 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act, but not under 15 years of age, may buy, attempt to buy, or possess any cigarette, nicotine product, or tobacco product, or vapor product if all of the following are true:

SB364-SSA1,13 Section 13 . 254.916 (2) (d) of the statutes is created to read:

SB364-SSA1,8,5 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained permission from his or her parent or guardian to participate in the investigation.

SB364-SSA1,14 Section 14 . 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:

SB364-SSA1,8,10 254.916 (3) (a) If questioned about his or her age during the course of an investigation, the minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used in the investigation shall state his or her true age.

SB364-SSA1,8,13 (b) A minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may not be used for the purposes of an investigation at a retail outlet at which the minor person is a regular customer.

SB364-SSA1,8,16 (c) The appearance of a minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may not be materially altered so as to indicate greater age.

SB364-SSA1,8,22 (d) A photograph or videotape of the minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used in the investigation shall be made before or after the investigation or series of investigations on the day of the investigation or series of investigations. If a prosecution results from an investigation, the photograph or videotape shall be retained until the final disposition of the case.

SB364-SSA1,15 Section 15 . 254.916 (3) (f) 2. of the statutes is amended to read:

SB364-SSA1,9,3 254.916 (3) (f) 2. The age of the minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used in the investigation.

SB364-SSA1,16 Section 16 . 254.92 (title) of the statutes is amended to read:

SB364-SSA1,9,7 254.92 (title) Purchase or possession of cigarettes or, tobacco products, nicotine products, or vapor products by person under 18 certain age prohibited.

SB364-SSA1,17 Section 17 . 254.92 (1) of the statutes is amended to read:

SB364-SSA1,9,12 254.92 (1) No person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product, or vapor product.

SB364-SSA1,18 Section 18 . 254.92 (2) of the statutes is amended to read:

SB364-SSA1,9,17 254.92 (2) No person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may purchase, attempt to purchase, or possess any cigarette, nicotine product, or tobacco product, or vapor product except as follows:

SB364-SSA1,9,22 (a) A person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may purchase or possess cigarettes, nicotine products, or tobacco products , or vapor products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.

SB364-SSA1,9,25 (b) A person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco products, or vapor products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).

SB364-SSA1,19 Section 19 . 254.92 (2m) (intro.) of the statutes is amended to read:

SB364-SSA1,10,8 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or nicotine products, or vapor products on behalf of, or to provide to, any person who is under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act. Any person who violates this subsection may be:

SB364-SSA1,20 Section 20 . 254.92 (3) of the statutes is amended to read:

SB364-SSA1,10,13 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product, or tobacco product, or vapor product that has been sold to and is in the possession of a person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

SB364-SSA1,21 Section 21 . Initial applicability.

SB364-SSA1,10,22 (1) This act first applies to purchases, attempts to purchase, possession, and false representations of age for the purpose of receiving any cigarette, nicotine product, tobacco product, or vapor product by persons under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act on the effective date of this subsection and to sales or the provision of cigarettes, nicotine products, tobacco products, or vapor products to persons under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act on the effective date of this subsection.

SB364-SSA1,10,23 (End)