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Engrossed House Bill (H)

DIGEST

Regulation of tobacco products. For purposes of IC 7.1 and the provisions of IC 35 concerning sales and distribution of tobacco products to minors, defines "tobacco product" as any of the following: (1) A product containing tobacco or nicotine, including a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus. (2) An electronic smoking device that may or may not contain nicotine, including an electronic cigarette, cigar, pipe, hookah, vape pen, and cartridge. (3) E-liquid that may or may not contain nicotine. (4) Any component or part of those items that may or may not contain nicotine, including filters, rolling Regulation of tobacco products. For purposes of IC 7.1 and the provisions of IC 35 concerning sales and distribution of tobacco products to minors, defines "tobacco product" as any of the following: (1) A product containing tobacco or nicotine, including a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus. (2) An electronic smoking device that may or may not contain nicotine, including an electronic cigarette, cigar, pipe, hookah, vape pen, and cartridge. (3) E-liquid that may or may not contain nicotine. (4) Any component or part of those items that may or may not contain nicotine, including filters, rolling papers, blunt or hemp wraps, and pipes. Requires a person to be at least 21 years of age to purchase tobacco products or to hold a tobacco sales certificate (certificate) to sell tobacco products. Requires a seller of tobacco products to verify the age of a purchaser who appears to be less than 30 years of age (instead of 27 years of age) by checking a government issued identification. Makes a certificate expire annually (instead of every three years). Prohibits the issuance of a certificate within three years of the revocation of a previous certificate for that location. Increases the civil penalties for a retailer that sells tobacco products to a person under 21 years of age and provides the following: (1) Requires suspension of the certificate for a retail establishment that has two or three violations within three years. (2) Requires revocation of a certificate for a retail establishment that has four violations within three years. Provides that a retailer that has four violations in three years (instead of six violations in 180 days) commits habitual sale of a tobacco product, a Class B infraction. Provides that the primary activity of a "tobacco business" is the sale of tobacco products. Prohibits a tobacco business from locating within 1,000 feet (instead of 200 feet) of a school after June 30, 2020, unless the tobacco business was in operation before: (1) July 1, 2020; or (2) the school located near the tobacco business. Requires a person to be 21 years of age (instead of 18 years of age) to enter certain businesses where smoking is permitted. Requires a vending machine that sells tobacco products to be located in an area where only persons who are at least 21 years of age are permitted. Provides that a person who is a nonmanagement level employee of a retailer who sells tobacco products to a person less than 21 years of age may be allowed to complete an education program for retailers instead of paying a civil penalty. Provides that a person who: (1) is not a retailer or employee; (2) is at least 21 years of age; and (3) purchases a tobacco product for a person who is less than 21 years of age; may be assessed a civil penalty of not more than fifty dollars ($50). Prohibits a person who is less than 21 years of age from purchasing, accepting, or possessing a tobacco product. Provides that it is a Class B infraction if a person knowingly sells a tobacco product that contains vitamin E acetate. ... View more