SB524: Bill Text

2025 - 2026 LEGISLATURE

LRB-4838/1

JAM:skw

2025 SENATE BILL 524

October 9, 2025 - Introduced by Senators James, Marklein, Carpenter and Wanggaard, cosponsored by Representatives Mursau, Hurd, Arney, Dittrich, Gundrum, Gustafson, Johnson, Maxey, Miresse, Nedweski, O'Connor, Palmeri, Sinicki, Snyder, Stroud and Piwowarczyk. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.

SB524,1,12 An Act to repeal 134.66 (4) (b); to renumber 134.66 (4) (a) 2.; to renumber and amend 134.66 (4) (a) 1., 134.66 (4) (a) 3. and 134.66 (4) (a) 4.; to amend 134.65 (1a) (b), 134.66 (title), 134.66 (1) (g), 134.66 (2) (a), (am), (b) and (cm) 1m., 134.66 (2m) (a), 134.66 (3) (intro.), (a), (b) and (c), 139.30 (10), 139.345 (3) (a) (intro.), 139.345 (3) (b) 2., 139.345 (7) (a), subchapter IX (title) of chapter 254 [precedes 254.911], 254.911 (8), 254.911 (9), 254.911 (10), 254.916 (1) (a), 254.916 (2) (intro.), 254.916 (11), 254.92 (title), 254.92 (1), 254.92 (2), 254.92 (2m) (intro.) and 254.92 (3); to create 134.66 (1) (bm), 254.911 (1m) and 254.916 (2) (d) of the statutes; relating to: raising the legal age for sale, purchase, and possession of cigarettes and nicotine and tobacco products; providing a legal age for sale, purchase, and possession of electronic vaping devices; and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill changes the age for purchasing cigarettes, tobacco products, or nicotine products from 18 to 21, and imposes the same minimum age for purchasing electronic vaping devices. Under current law, nicotine products are products that contain nicotine and that are not tobacco products, cigarettes, or products that have been approved by the federal Food and Drug Administration for sale as a smoking cessation product. Tobacco products include products such as cigars, chewing tobacco, and smoking tobacco. Electronic vaping devices are defined under current law to mean devices that may be used to deliver substances for inhalation regardless of whether the substance contains nicotine, and includes e-cigarettes, e-cigars, e-pipes, vape pens, and e-hookahs. The definition also includes components of such devices and the substances that may be aerosolized or vaporized by devices, but does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration. This bill changes the definition of “electronic vaping device” to specify that the aforementioned “drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration” means those that the U.S. FDA authorizes for the treatment of nicotine addiction or tobacco cessation.

Currently, no person under the age of 18 may purchase, attempt to purchase, possess, or falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product with certain limited exceptions. Current law also prohibits any person from purchasing cigarettes, tobacco products, or nicotine products on behalf of a person who is under the age of 18 and subjects that purchaser to a penalty. Current law also prohibits a person from delivering a package of cigarettes unless the person making the delivery verifies that the person receiving the package is at least 18 years of age. The bill changes these ages from 18 to 21. The bill similarly prohibits the purchase of electronic vaping devices by or on behalf of a person who is under the age of 21.

Current law prohibits a retailer, manufacturer, distributor, jobber, subjobber, or independent contractor or an employee or agent of any of these persons from selling or providing cigarettes or tobacco or nicotine products to an individual who is under the age of 18 and from providing cigarettes or tobacco or nicotine products to any person for free unless the cigarettes or products are provided in a place where persons under 18 years of age are generally not permitted to enter. Current law also prohibits a vending machine operator from selling cigarettes or tobacco products from a vending machine unless the vending machine operator ensures that no person under 18 years of age is present on or permitted to enter the premises where the machine is located. The bill changes these ages from 18 to 21, and similarly prohibits the sale or provision of nicotine products or electronic vaping devices from a vending machine to a person who is under 21.

Under current law, a retailer or vending machine operator of cigarette or tobacco products must post notices stating that the sale of cigarettes or tobacco to a person under a certain age is unlawful, and a person who violates the requirement is required to forfeit no more than $25. The bill repeals that forfeiture penalty.

Current law exempts a vending machine operator from liability related to the sale of certain tobacco and nicotine products to minors if the vending machine operator is unaware of the minor’s purchase of the product. The bill repeals this exemption from liability.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB524,1 Section 1. 134.65 (1a) (b) of the statutes is amended to read:

SB524,2,14 134.65 (1a) (b) “Electronic vaping device” means a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic vaping device” includes a component, part, or accessory of the device, and includes a liquid or other substance that may be aerosolized or vaporized by such device, regardless of whether the liquid or other substance contains nicotine. “Electronic vaping device” does not include a battery or battery charger when sold separately. “Electronic vaping device” does not include drugs, devices, or combination products, as those terms are defined in the federal Food, Drug, and Cosmetic Act, that are authorized for sale by the U.S. food and drug administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act for the treatment of nicotine addiction or tobacco cessation.

SB524,2 Section 2. 134.66 (title) of the statutes is amended to read:

SB524,2,17 134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, electronic vaping devices, or tobacco products.

SB524,3 Section 3. 134.66 (1) (bm) of the statutes is created to read:

SB524,3,3 134.66 (1) (bm) “Electronic vaping device” has the meaning given in s. 134.65 (1a) (b).

SB524,4 Section 4. 134.66 (1) (g) of the statutes is amended to read:

SB524,3,8 134.66 (1) (g) “Retailer” means any person licensed under s. 134.65 (1d) or any person that sells, exposes for sale, possesses with intent to sell, exchanges, barters, disposes of, or gives away any electronic vaping device to any person not holding a license under s. 134.65, 139.30 to 139.41, or 139.79.

SB524,5 Section 5. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended to read:

SB524,3,19 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or 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 sell or provide for nominal or no consideration cigarettes, nicotine products, or tobacco products, or electronic vaping devices to any person under the age of 18 21, except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products, or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

SB524,4,4 (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 electronic vaping devices to any person except in a place where no person younger than 18 21 years of age is present or permitted to enter unless the person who is younger than 18 21 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 21 years.

SB524,4,9 (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes or, tobacco products, nicotine products, or electronic vaping devices are sold to consumers stating that the sale of any cigarette or, tobacco product, nicotine product, or electronic vaping device to a person under the age of 18 21 is unlawful under this section and s. 254.92.

SB524,4,14 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, nicotine product, or electronic vaping device by a person under the age of 18 21 is unlawful under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.

SB524,4,20 (cm) 1m. A retailer or vending machine operator may not sell cigarettes or, tobacco products, nicotine products, or electronic vaping devices 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 21 years of age 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 21 years.

SB524,6 Section 6. 134.66 (2m) (a) of the statutes is amended to read:

SB524,5,14 134.66 (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 or, tobacco products, nicotine products, or electronic vaping devices, 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. (bm) 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.

SB524,7 Section 7. 134.66 (3) (intro.), (a), (b) and (c) of the statutes are amended to read:

SB524,5,23 134.66 (3) Defense; sale to minor underage individual. (intro.) 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, nicotine products, or electronic vaping devices to a person under the age of 18 21 is a defense to any prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):

SB524,6,2 (a) That the purchaser falsely represented that he or she had attained the age of 18 21 and presented an identification card.

SB524,6,4 (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 30.

SB524,6,7 (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 21.

SB524,8 Section 8. 134.66 (4) (a) 1. of the statutes is renumbered 134.66 (4) (am) and amended to read:

SB524,6,12 134.66 (4) (am) In this paragraph subsection, “violation” means a violation of sub. (2) (a), (am), (cm), or (e) or a local ordinance which strictly conforms to sub. (2) (a), (am), (cm), or (e).

SB524,9 Section 9. 134.66 (4) (a) 2. of the statutes is renumbered 134.66 (4) (bm).

SB524,10 Section 10. 134.66 (4) (a) 3. of the statutes is renumbered 134.66 (4) (cm), and 134.66 (4) (cm) 1., 2. and 3., as renumbered, are amended to read:

SB524,6,17 134.66 (4) (cm) 1. Not more than 3 days, if the court finds that the person committed a violation within 12 24 months after committing one previous violation;

SB524,6,20 2. Not less than 3 days nor more than 10 days, if the court finds that the person committed a violation within 12 24 months after committing 2 other violations; or

SB524,6,23 3. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 24 months after committing 3 or more other violations.

SB524,11 Section 11. 134.66 (4) (a) 4. of the statutes is renumbered 134.66 (4) (dm) and amended to read:

SB524,7,5 134.66 (4) (dm) The court shall promptly mail notice of a suspension under subd. 3. par. (cm) to the department of revenue and to the clerk of each municipality which has issued a license or permit to the person.

SB524,12 Section 12. 134.66 (4) (b) of the statutes is repealed.

SB524,13 Section 13. 139.30 (10) of the statutes is amended to read:

SB524,7,9 139.30 (10) “Retailer” has the meaning given in s. 134.66 (1) (g) means any person licensed under s. 134.65.

SB524,14 Section 14. 139.345 (3) (a) (intro.) of the statutes is amended to read:

SB524,7,12 139.345 (3) (a) (intro.) Verifies the consumer’s name and address and that the consumer is at least 18 21 years of age by any of the following methods:

SB524,15 Section 15. 139.345 (3) (b) 2. of the statutes is amended to read:

SB524,7,16 139.345 (3) (b) 2. That the consumer understands that no person who is under 18 21 years of age may purchase or possess cigarettes or falsely represent his or her age for the purpose of receiving cigarettes, as provided under s. 254.92.

SB524,16 Section 16. 139.345 (7) (a) of the statutes is amended to read:

SB524,8,2 139.345 (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 21 years of age. 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 21 years of age.

SB524,17 Section 17. Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:

SB524,8,5 CHAPTER 254