ARIZONA HOUSE OF REPRESENTATIVES

HB 2109: tobacco possession; sale; age; signage.
PRIME SPONSOR: Representative Boyer, LD 20 BILL STATUS: Commerce Health: DP 8-1-0-0

Abstract

Relating to the legal age for purchasing tobacco.

Provisions

1. Raises the legal age for purchasing or possessing tobacco products or beedies (bidis) to 21 years of age. (Sec. 1, 3-5)

2. Stipulates that any person who sells, gives or furnishes a tobacco product to a person who is under twenty-one years of age is guilty of a strict liability offense. (A.R.S. § 13-202)(Sec. 1)

3. Removes the exemption for hookahs and water pipes:

a. Used in connection with a bona fide religious practice or ceremonial exercise; and

b. That is given as a gift or souvenir and not used to smoke or ingest tobacco. (Sec. 1)

4. Expands the definition of tobacco product to include:

a. Any product made or derived from tobacco that is intended for human consumption whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested;

b. Shisha, snuff, or snus;

c. An electronic smoking device; or

d. Any component, accessory, instrument or paraphernalia that is used in the consumption of a tobacco product. (Sec. 1, 2)

5. Exempts drugs, devices or combination products that are authorized for sale by the FDA from the definition of tobacco product. (Sec. 1, 2)

6. Defines electronic smoking device as any device that can be used to deliver aerosolized or vaporized nicotine.

a. Removes current definition of vapor product. (Sec. 1,2)

7. Prohibits sale of tobacco products through a vending machine located in an employee lounge area if the business employs any individual who is under twenty-one years of age. (Sec. 4)

8. Prohibits delivery of tobacco products to a residence unless solicited by an individual who is at least twenty-one years of age and who resides at that address. (Sec. 5)

9. Requires retail tobacco vendors to post a sign of specified dimensions stating that a person who is under twenty-one years of age may not purchase tobacco products. (Sec. 6)

Current Law

A.R.S. § 13-3622 states that a person who knowingly sells, gives, or furnishes a tobacco product, vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha to a person who is under 18 years of age is guilty of a petty offense. It also exempts any instrument or paraphernalia from the legal possession requirements if it is given to or possessed by a person who is under 18 years of age and was a gift or souvenir and is not used or intended to be used by the minor to smoke or ingest tobacco or shisha or if the instrument or paraphernalia is used in connection with a bona fide religious practice or ceremonial exercise. Tobacco product is defined as cigars and cigarettes as well as cigarette papers, smoking tobacco and chewing tobacco of any kind. Vapor product is defined as a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit that can be used to heat a liquid nicotine solution contained in cartridges.

A.R.S. § 36-798.01 states that a retail tobacco vendor who sells, furnishes, gives or provides beedies or bidis to a person who is under 18 years of age is guilty of a class 3 misdemeanor.

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Fifty-third Legislature                  HB 2109

Second Regular Session                               Version 2: Commerce

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