LRBs0257/1
MCP&SWB:cjs&skw
2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 422
February 10, 2020 - Offered by Representative Spiros.
AB422-ASA1,1,7 1An Act to amend 134.66 (2) (a), (am), (b) and (cm) 1m., 134.66 (3), 139.345 (3)
2(a) (intro.), 139.345 (3) (b) 2., 139.345 (7) (a), subchapter IX (title) of chapter 254
3[precedes 254.911], 254.916 (2) (intro.), 254.916 (3) (a), (b), (c) and (d), 254.916
4(3) (f) 2., 254.92 (title), 254.92 (1), 254.92 (2), 254.92 (2m) (intro.) and 254.92 (3);
5and to create 254.916 (2) (d) of the statutes; relating to: raising the legal age
6for sale, purchase, and possession of cigarettes and nicotine and tobacco
7products, 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 the minimum age for purchasing a tobacco product
under the federal Food, Drug, and Cosmetic Act, which is currently 21. 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.
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 the
minimum age for purchasing a tobacco product under the federal Food, Drug, and
Cosmetic Act, which is currently 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 retailer or vending machine operator from selling cigarettes or tobacco
or nicotine products from a vending machine unless the retailer or 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 the minimum age for purchasing a tobacco product under the federal Food,
Drug, and Cosmetic Act, which is currently 21.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB422-ASA1,1 1Section 1 . 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended
2to read:
AB422-ASA1,3,23 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
4subjobber, no agent, employee or independent contractor of a retailer, direct
5marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
6of an independent contractor may sell or provide for nominal or no consideration
7cigarettes, nicotine products, or tobacco products to any person under the age of 18
8minimum age for purchasing a tobacco product under the federal Food, Drug, and
9Cosmetic Act
, except as provided in s. 254.92 (2) (a). A vending machine operator is
10not liable under this paragraph for the purchase of cigarettes, nicotine products, or
11tobacco products from his or her vending machine by a person under the age of 18

1minimum age for purchasing a tobacco product under the federal Food, Drug, and
2Cosmetic Act
if the vending machine operator was unaware of the purchase.
AB422-ASA1,3,143 (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber,
4no agent, employee or independent contractor of a retailer, direct marketer,
5manufacturer, distributor, jobber or subjobber and no agent or employee of an
6independent contractor may provide for nominal or no consideration cigarettes,
7nicotine products, or tobacco products to any person except in a place where no
8person younger than 18 years of age the minimum age for purchasing a tobacco
9product under the federal Food, Drug, and Cosmetic Act
is present or permitted to
10enter unless the person who is younger than 18 years of age the minimum age for
11purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act
is
12accompanied by his or her parent or guardian or by his or her spouse who has
13attained the age of 18 years minimum age for purchasing a tobacco product under
14the federal Food, Drug, and Cosmetic Act
.
AB422-ASA1,3,1915 (b) 1. A retailer shall post a sign in areas within his or her premises where
16cigarettes or tobacco products are sold to consumers stating that the sale of any
17cigarette or tobacco product to a person under the age of 18 minimum age for
18purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act
is
19unlawful under this section and s. 254.92.
AB422-ASA1,3,2420 2. A vending machine operator shall attach a notice in a conspicuous place on
21the front of his or her vending machines stating that the purchase of any cigarette
22or tobacco product by a person under the age of 18 minimum age for purchasing a
23tobacco product under the federal Food, Drug, and Cosmetic Act
is unlawful under
24s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
AB422-ASA1,4,8
1(cm) 1m. A retailer or vending machine operator may not sell cigarettes or
2tobacco products from a vending machine unless the vending machine is located in
3a place where the retailer or vending machine operator ensures that no person
4younger than 18 years of age the minimum age for purchasing a tobacco product
5under the federal Food, Drug, and Cosmetic Act
is present or permitted to enter
6unless he or she is accompanied by his or her parent or guardian or by his or her
7spouse who has attained the age of 18 years minimum age for purchasing a tobacco
8product under the federal Food, Drug, and Cosmetic Act
.
AB422-ASA1,2 9Section 2 . 134.66 (3) of the statutes is amended to read:
AB422-ASA1,4,1610 134.66 (3) Defense; sale to minor. Proof of all of the following facts by a
11retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or
12independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber,
13or an agent or employee of an independent contractor who sells cigarettes or tobacco
14products to a person under the age of 18 minimum age for purchasing a tobacco
15product under the federal Food, Drug, and Cosmetic Act
is a defense to any
16prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):
AB422-ASA1,4,1917 (a) That the purchaser falsely represented that he or she had attained the age
18of 18
minimum age for purchasing a tobacco product under the federal Food, Drug,
19and Cosmetic Act
and presented an identification card.
AB422-ASA1,4,2320 (b) That the appearance of the purchaser was such that an ordinary and
21prudent person would believe that the purchaser had attained the age of 18
22minimum age for purchasing a tobacco product under the federal Food, Drug, and
23Cosmetic Act
.
AB422-ASA1,5,224 (c) That the sale was made in good faith, in reasonable reliance on the
25identification card and appearance of the purchaser and in the belief that the

1purchaser had attained the age of 18 minimum age for purchasing a tobacco product
2under the federal Food, Drug, and Cosmetic Act
.
AB422-ASA1,3 3Section 3 . 139.345 (3) (a) (intro.) of the statutes is amended to read:
AB422-ASA1,5,74 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the
5consumer is at least 18 years of age the minimum age for purchasing a tobacco
6product under the federal Food, Drug, and Cosmetic Act
by any of the following
7methods:
AB422-ASA1,4 8Section 4 . 139.345 (3) (b) 2. of the statutes is amended to read:
AB422-ASA1,5,139 139.345 (3) (b) 2. That the consumer understands that no person who is under
1018 years of age the minimum age for purchasing a tobacco product under the federal
11Food, Drug, and Cosmetic Act
may purchase or possess cigarettes or falsely
12represent his or her age for the purpose of receiving cigarettes, as provided under s.
13254.92.
AB422-ASA1,5 14Section 5 . 139.345 (7) (a) of the statutes is amended to read:
AB422-ASA1,5,2415 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct
16marketing to a consumer in this state unless the person making the delivery receives
17a government issued identification card from the person receiving the package and
18verifies that the person receiving the package is at least 18 years of age the minimum
19age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act
.
20If the person receiving the package is not the person to whom the package is
21addressed, the person delivering the package shall have the person receiving the
22package sign a statement that affirms that the person to whom the package is
23addressed is at least 18 years of age the minimum age for purchasing a tobacco
24product under the federal Food, Drug, and Cosmetic Act
.
AB422-ASA1,6
1Section 6. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
2statutes is amended to read:
AB422-ASA1,6,33 CHAPTER 254
AB422-ASA1,6,74 SUBCHAPTER IX
5 SALE OR GIFT OF CIGARETTES,
6 NICOTINE PRODUCTS,
OR TOBACCO
7 PRODUCTS TO MINORS
AB422-ASA1,7 8Section 7 . 254.916 (2) (intro.) of the statutes is amended to read:
AB422-ASA1,6,139 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A
10person under 18 years of age the minimum age for purchasing a tobacco product
11under the federal Food, Drug, and Cosmetic Act
, but not under 15 years of age, may
12buy, attempt to buy, or possess any cigarette, nicotine product, or tobacco product if
13all of the following are true:
AB422-ASA1,8 14Section 8 . 254.916 (2) (d) of the statutes is created to read:
AB422-ASA1,6,1615 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained
16permission from his or her parent or guardian to participate in the investigation.
AB422-ASA1,9 17Section 9 . 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
AB422-ASA1,6,2118 254.916 (3) (a) If questioned about his or her age during the course of an
19investigation, the minor person under the minimum age for purchasing a tobacco
20product under the federal Food, Drug, and Cosmetic Act used in the investigation

21shall state his or her true age.
AB422-ASA1,6,2422 (b) A minor person under the minimum age for purchasing a tobacco product
23under the federal Food, Drug, and Cosmetic Act
may not be used for the purposes of
24an investigation at a retail outlet at which the minor person is a regular customer.
AB422-ASA1,7,3
1(c) The appearance of a minor person under the minimum age for purchasing
2a tobacco product under the federal Food, Drug, and Cosmetic Act
may not be
3materially altered so as to indicate greater age.
AB422-ASA1,7,94 (d) A photograph or videotape of the minor person under the minimum age for
5purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used
6in the investigation
shall be made before or after the investigation or series of
7investigations on the day of the investigation or series of investigations. If a
8prosecution results from an investigation, the photograph or videotape shall be
9retained until the final disposition of the case.
AB422-ASA1,10 10Section 10 . 254.916 (3) (f) 2. of the statutes is amended to read:
AB422-ASA1,7,1311 254.916 (3) (f) 2. The age of the minor person under the minimum age for
12purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used
13in the investigation
.
AB422-ASA1,11 14Section 11 . 254.92 (title) of the statutes is amended to read:
AB422-ASA1,7,16 15254.92 (title) Purchase or possession of cigarettes or tobacco or
16nicotine
products by person under 18 certain age prohibited.
AB422-ASA1,12 17Section 12 . 254.92 (1) of the statutes is amended to read:
AB422-ASA1,7,2118 254.92 (1) No person under 18 years of age the minimum age for purchasing
19a tobacco product under the federal Food, Drug, and Cosmetic Act
may falsely
20represent his or her age for the purpose of receiving any cigarette, nicotine product,
21or tobacco product.
AB422-ASA1,13 22Section 13 . 254.92 (2) of the statutes is amended to read:
AB422-ASA1,8,223 254.92 (2) No person under 18 years of age the minimum age for purchasing
24a tobacco product under the federal Food, Drug, and Cosmetic Act
may purchase,

1attempt to purchase, or possess any cigarette, nicotine product, or tobacco product
2except as follows:
AB422-ASA1,8,63 (a) A person under 18 years of age the minimum age for purchasing a tobacco
4product under the federal Food, Drug, and Cosmetic Act
may purchase or possess
5cigarettes, nicotine products, 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.
AB422-ASA1,8,117 (b) A person under 18 years of age the minimum age for purchasing a tobacco
8product under the federal Food, Drug, and Cosmetic Act
, but not under 15 years of
9age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or
10tobacco products in the course of his or her participation in an investigation under
11s. 254.916 that is conducted in accordance with s. 254.916 (3).
AB422-ASA1,14 12Section 14 . 254.92 (2m) (intro.) of the statutes is amended to read:
AB422-ASA1,8,1613 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or
14nicotine products on behalf of, or to provide to, any person who is under 18 years of
15age
the minimum age for purchasing a tobacco product under the federal Food, Drug,
16and Cosmetic Act
. Any person who violates this subsection may be:
AB422-ASA1,15 17Section 15 . 254.92 (3) of the statutes is amended to read:
AB422-ASA1,8,2118 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product,
19or tobacco product that has been sold to and is in the possession of a person under
2018 years of age the minimum age for purchasing a tobacco product under the federal
21Food, Drug, and Cosmetic Act
.
AB422-ASA1,16 22Section 16 . Initial applicability.
AB422-ASA1,9,423 (1) This act first applies to purchases, attempts to purchase, possession, and
24false representations of age for the purpose of receiving any cigarette, nicotine
25product, or tobacco product by persons under the minimum age for purchasing a

1tobacco product under the federal Food, Drug, and Cosmetic Act on the effective date
2of this subsection and to sales or the provision of cigarettes or nicotine or tobacco
3products to persons under the minimum age for purchasing a tobacco product under
4the federal Food, Drug, and Cosmetic Act on the effective date of this subsection.
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