HB 1351

Bill Subjects

Abstract

For purposes of IC 7.1 and the provisions of IC 35 concerning sales and distribution of tobacco delivery systems to minors, defines "tobacco delivery systems" 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. Requires a person to be at least 21 years of age to purchase a tobacco delivery system or to hold a tobacco sales certificate (certificate) to sell a tobacco delivery system. 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 a tobacco delivery system 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 for three years 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 delivery system, a Class B infraction. Requires a seller of e-liquid 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. Provides that the primary activity of a "tobacco business" is the sale of tobacco delivery systems. 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 a tobacco delivery system 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 a tobacco delivery system to a person less than 21 years of age may be allowed to complete an education program for retailers in lieu 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 delivery system for a person who is less than 21 years of age; may be assessed a civil penalty of not more than $50. Provides that a person who knowingly or intentionally sells an e-liquid or an electronic cigarette that contains: (1) a concentration of nicotine that is more than 20 milligrams per milliliter; or (2) vitamin E acetate; commits a Class C misdemeanor. Repeals a statute that makes it a Class C infraction for a person under 18 years of age to purchase or possess a tobacco product for personal use.