Senate Bill #263 (2021)

AN ACT RELATING TO CRIMINAL OFFENSES -- CHILDREN

Raises the legal age for individuals to be sold or delivered certain tobacco products, including electronic nicotine-delivery systems products from eighteen (18) years of age to twenty-one (21) years of age.

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  • 2021 – S 0263
  • 2021 – S 0263 SUBSTITUTE A
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  • LC000958
  • LC000958/SUB A/2
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2021
  • ____________
  • A N A C T
  • RELATING TO CRIMINAL OFFENSES – CHILDREN
  • Introduced By: Senators Coyne, Ruggerio, Gallo, Lombardo, Goodwin, McCaffrey,
  • Sosnowski, Miller, Lombardi, and DiMario
  • Sosnowski, Miller, F Lombardi, and DiMario
  • Date Introduced: February 10, 2021
  • Referred To: Senate Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Sections 11-9-13, 11-9-13.4, 11-9-13.5, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11- 9-13.10, 11-9-13.11 and 11-9-13.13 of the General Laws in Chapter 11-9 entitled "Children" are hereby amended to read as follows:
  • 11-9-13. Purchase, sale or delivery of tobacco products to persons under eighteen – Posting notice of law Sale or delivery of tobacco products to persons under twenty one – posting notice of law.
  • No person under eighteen (18) years of age shall purchase, nor shall any person sell, give, or deliver to any person under eighteen (18) twenty-one (21) years of age, any tobacco product in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as "blunts," unflavored "blunts," flavored and unflavored blunt wraps, cigarette rolling papers of any size or composition, cigarillos and tiparillos, pipe tobacco, chewing tobacco, electronic nicotine-delivery systems, electronic nicotine-delivery system liquids, liquid nicotine containers, or snuff. Any person, firm, or corporation that owns, manages, or operates a place of business in which tobacco products are sold, including sales through cigarette vending machines, shall post notice of this law conspicuously in the place of business in letters at least three-eighths of an inch (3/8") high.
  • 11-9-13.4. Definitions.
  • As used in this chapter:
  • (1)"Bidi cigarette" means anyproduct that (i) containstobaccothat is wrapped intemburni or tender leaf, or that is wrapped in any other material identified by rules of the Department of Health that is similar in appearance or characteristics to the temburni or tender leaf, and (ii) does not contain a smoke filtering device.
  • SECTION 1. Sections 11-9-13, 11-9-13.2, 11-9-13.4, 11-9-13.5, 11-9-13.6, 11-9-13.7, 11- 9-13.8, 11-9-13.8.1, 11-9-13.10, 11-9-13.11 and 11-9-13.13 of the General Laws in Chapter 11-9 entitled "Children" are hereby amended to read as follows:
  • 11-9-13. Purchase, sale or delivery of tobacco products to persons under eighteen – Posting notice of law Sale or delivery of tobacco products, including electronic nicotine delivery system products to individuals under twenty-one (21) – posting notice of law.
  • No person under eighteen (18) years of age shall purchase, nor shall any person sell, give, or deliver to any person individual under eighteen (18) twenty-one (21) years of age, any tobacco product in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as "blunts," unflavored "blunts," flavored and unflavored blunt wraps, cigarette rolling papers of any size or composition, cigarillos and tiparillos, pipe tobacco, chewing tobacco, snuff, electronic nicotine-delivery systems system products, or snuff any and all products as defined in § 44-20-1. Any person, firm, or corporation that owns, manages, or operates a place of business in which tobacco products are sold, including sales through cigarette tobacco product vending machines, shall post notice of this law conspicuously in the place of business in letters at least three-eighths of an inch (3/8") high.
  • 11-9-13.2. Short title.
  • Sections 11-9-13.2 – 11-9-13.19 shall be cited as "An Act to Stop the Illegal Sale of Tobacco Products to Children Individuals Under Twenty-One (21) Years of Age".
  • 11-9-13.4. Definitions.
  • As used in this chapter:
  • (1)"Bidi cigarette" means anyproduct that (i) containstobaccothat is wrapped intemburni or tender leaf, or that is wrapped in any other material identified by rules of the Department of Health that is similar in appearance or characteristics to the temburni or tender leaf, and (ii) does not contain a smoke filtering device.
  • (2) "Court" means any appropriate district court of the state of Rhode Island.
  • (3) "Dealer" is synonymous with the term "retail tobacco products dealer."
  • (4) "Department of behavioral healthcare, developmental disabilities and hospitals" means the state of Rhode Island behavioral healthcare, developmental disabilities and hospitals department, its employees, agents or assigns.
  • (5) "Department of taxation" means the state of Rhode Island taxation division, its employees, agents, or assigns.
  • (6) "License" is synonymous with the term "retail tobacco products dealer license" or "electronic nicotine-delivery system license."
  • (7) "License holder" is synonymous with the term "retail tobacco products dealer" or "electronic nicotine-delivery system license."
  • (8) "Person" means any individual person, firm, association, or corporation licensed as a retail dealer to sell tobacco products within the state.
  • (9) "Retail tobacco products dealer" means the holder of a license to sell tobacco products at retail.
  • (6) "License" is synonymous with the term "retail tobacco products dealer license" or "electronic nicotine-delivery system license or any license issued under chapter 20 of title 44 or chapter 1 of title 23."
  • (7) "License holder" is synonymous with the term "retail tobacco products dealer" or "electronic nicotine-delivery system license or any licenses issued under chapter 20 of title 44 or chapter 1 of title 23."
  • (8) "Person" means any individual person, firm, fiduciary, partnership, trust, association, or corporation licensed as a retail dealer to sell tobacco products within the state.
  • (9) "Retail tobacco products dealer" means the holder of a license to sell tobacco products at retail and shall include holders of all other licenses issued under chapter 20 of title 44 or chapter 1 of title 23.
  • (10) "Retail tobacco products dealer license" means a license to sell tobacco products at retail as issued by the department of taxation.
  • (11) "Spitting tobacco" also means snuff, powdered tobacco, chewing tobacco, dipping tobacco, pouch tobacco, or smokeless tobacco.
  • (12)"Tobaccoproduct(s)"means anyproductcontainingtobacco,includingbidi cigarettes, as defined in subdivision (1) of this section, that can be used for, but whose use is not limited to, smoking, sniffing, chewing, or spitting of the product any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, electronic nicotine-delivery systems, any substances that may be aerosolized or vaporized by such device, whether or not they contain nicotine.
  • (i)"Tobaccoproduct(s)"doesnotincludedrugs,devices,orcombinationproductsintended to treat tobacco or nicotine dependence that are authorized by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. Nor does it include such authorized drugs, devices or combination products with such treatment purpose by those under age twenty-one (21) if prescribed by a licensed prescriber such as a physician, nurse practitioner or physician assistant.
  • (13) "Underage individual" or "underage individuals" means any child person under the age of eighteen (18) years of age.
  • (12)"Tobaccoproduct(s)"means anyproductcontainingtobacco,includingbidi cigarettes, as defined in subdivision (1) of this section, that can be used for, but whose use is not limited to, smoking, sniffing, chewing, or spitting of the product any product(s) containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a little cigar as defined in § 44-20.2-1, and any and all products as defined in § 44- 20-1, electronicnicotine-deliverysystemproducts, oranyaddedsubstancethat maybe aerosolized, vaporized, or otherwise delivered by such an electronic nicotine-delivery system device, whether or not that substance contains nicotine.
  • (i)"Tobaccoproduct(s)" doesnot includedrugs,devices,orcombinationproductsintended to treat tobacco or nicotine dependence that are authorized by the United States Food and Drug Administration, as those terms are defined in the federal Food, Drug and Cosmetic Act. Nor does it include such authorized drugs, devices or combination products with such treatment purpose by individuals under age twenty-one (21) if prescribed by a licensed prescriber such as a physician, nurse practitioner or physician assistant.
  • (13)"Underage individual" or "underage individuals" meansany child individual under the age of eighteen (18) twenty-one (21) years of age.
  • (14) "Little cigars" means and includes any roll, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of whether the tobacco is flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three (3) four (4) pounds per thousand (1,000).
  • (15) "Electronic nicotine-delivery system" means an electronic device that may be used to simulatesmokinginthedeliveryof nicotineorothersubstancetoapersoninhalingfromthedevice, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other component of such device.
  • (15) "Electronic nicotine-delivery system" means an electronic device that may be used to simulatesmokinginthedeliveryofnicotineorothersubstancetoapersoninhalingfromthedevice, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic little cigars, electronic pipe, or electronic hookah, "heat not burn products," e-liquids, e- liquid products, or and any related device and any cartridge or other component of such device.
  • (16) "Electronic nicotine-delivery system product" means any combination of electronic nicotine-delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid container.Electronicnicotine-deliverysystemproductsshallnotincludehemp-derivedconsumable cannabidiol (CBD) products as defined in § 2-26-3.
  • (17) "E-liquid" and "e-liquid products" means any liquid or substance placed in or sold for use in an electronic nicotine-delivery system which generally utilizes a heating element that aerosolizes, vaporizes, or combusts a liquid or other substance containing nicotine or nicotine derivative:
  • (i) Whether the liquid or substance contains nicotine or a nicotine derivative; or
  • (ii) Whether sold separately or sold in combination with a personal vaporizer, electronic nicotine-delivery system, or an electronic inhaler.
  • 11-9-13.5. Responsibility for tobacco or health issues.
  • The Rhode Island department of behavioral healthcare, developmental disabilities and hospitals shall develop, monitor and aggressively enforce health rules and regulations pertaining to stopping the illegal sale of tobacco products and electronic nicotine-delivery systems to children persons under twenty-one (21) years of age.
  • The Rhode Island department of behavioral healthcare, developmental disabilities and hospitals shall develop, monitor and aggressively enforce health rules and regulations pertaining to stopping the illegal sale of tobacco products which include electronic nicotine-delivery system products to children individuals under twenty-one (21) years of age.
  • 11-9-13.6. Duties of the department of behavioral healthcare, developmental disabilities and hospitals.
  • The department of behavioral healthcare, developmental disabilities and hospitals shall:
  • (1) Coordinate and promote the enforcement of the provisions of this chapter and serve as the primary liaison from this department to other state or local agencies, departments, or divisions on issues pertaining to stopping children's persons under twenty-one (21) years of age access to tobacco products and electronic nicotine-delivery systems dealers.
  • (2) Provide retail tobacco products dealers and electronic nicotine-delivery system dealers signs concerning the prohibition of sales to children persons under eighteen (18) twenty-one (21) years of age. The signs, conforming to the requirements of this chapter, shall be sold at cost. This sign, or an exact duplicate of it made privately, shall be displayed in all locations where tobacco products and/or electronic nicotine-delivery systems are sold.
  • (1) Coordinate and promote the enforcement of the provisions of this chapter and serve as the primary liaison from this department to other state or local agencies, departments, or divisions on issues pertaining to stopping children's individuals' under twenty-one (21) years of age access to tobacco products which include and electronic nicotine-delivery system dealers products.
  • (2) Provide retail tobacco products dealers and electronic nicotine-delivery system products dealers signs concerning the prohibition of sales to children individuals under eighteen (18) twenty-one (21) years of age. The signs, conforming to the requirements of this chapter, shall be sold at cost. This sign, or an exact duplicate of it made privately, shall be displayed in all locations where tobacco products, and/or including electronic nicotine-delivery systems system products, are sold.
  • (3) Investigate concurrently with other state and local officials violations of this chapter.
  • (4)(i) Utilize unannounced statewide compliance checks of tobacco product sales and/or electronic nicotine-delivery system sales including retail tobacco and/or electronic nicotine- delivery system over-the-counter sales, mail-order sales initiated via mail, facsimile, telephone or internet ordering or other types of electronic communications, and tobacco and/or electronic nicotine-delivery systems vending machine sales as part of investigating compliance with the provisions of this chapter. Underage individuals, acting as agents for the department of behavioral healthcare, developmental disabilities and hospitals and with the written permission of a parent or guardian for persons under eighteen (18) years of age, may purchase, with impunity from prosecution, tobacco products and electronic nicotine-delivery system for the purposes of law enforcement or government research involving monitoring compliance with this chapter, provided that the underage individuals are supervised by an adult law enforcement official. Any individual participating in an unannounced compliance check of over-the-counter or vending machine sales, must state his or her accurate age if asked by the sales representative of the retail establishment being checked.
  • (ii) In fulfilling the requirement of unannounced statewide compliance checks, the department of behavioral healthcare, developmental disabilities and hospitals shall maintain complete records of the unannounced compliance checks, detailing, at least, the date of the compliance check; the name and address of the retail establishment checked or the mail order company; the results of the compliance check (sale/no sale); whether the sale was made as an over- the-counter sale, a mail-order purchase or a tobacco and/or or electronic nicotine-delivery systems vending machine sale; and if a citation was issued for any violation found. The records shall be subject to public disclosure. Further, the department of behavioral healthcare, developmental disabilities and hospitals shall report to the owner of each retail establishment checked or mail- order company the results of any compliance check (sale/no sale) whether the sale was made as an over-the-counter sale, a mail-order purchase, or a tobacco and/or electronic nicotine-delivery systems vending machine sale, and if a citation was issued for any violation found.
  • (4)(i) Utilize unannounced statewide compliance checks of tobacco product sales, and/or including electronic nicotine-delivery system product sales, including retail tobacco and/or product over-the-counter sales which include electronic nicotine-delivery system product over-the-counter sales, mail-order sales initiated via mail, facsimile, telephone or internet ordering or other types of electronic communications, and tobacco product, including and/or electronic nicotine-delivery systems system product vending machine sales, as part of investigating compliance with the provisions of this chapter. Underage individuals, acting as agents for the department of behavioral healthcare, developmental disabilities and hospitals and with the written permission of a parent or guardian for individuals under eighteen (18) years of age, may purchase, with impunity from prosecution, tobacco products, including and electronic nicotine-delivery system products, for the purposes of law enforcement or government research involving monitoring compliance with this chapter,provided that theunderageindividuals are supervisedbyan adult law enforcement official. Any individual participating in an unannounced compliance check of over-the-counter or vending machine sales, must state his or her accurate age if asked by the sales representative of the retail establishment being checked.
  • (ii) In fulfilling the requirement of unannounced statewide compliance checks, the department of behavioral healthcare, developmental disabilities and hospitals shall maintain complete records of the unannounced compliance checks, detailing, at least, the date of the compliance check; the name and address of the retail establishment checked or the mail order company; the results of the compliance check (sale/no sale); whether the sale was made as an over- the-counter sale, a mail-order purchase or a tobacco product, including and/or an electronic nicotine-delivery systems system product vending machine sale; and if a citation was issued for any violation found. The records shall be subject to public disclosure. Further, the department of behavioral healthcare, developmental disabilities and hospitals shall report to the owner of each retail establishment checked or mail-order company the results of any compliance check (sale/no sale) whether the sale was made as an over-the-counter sale, a mail-order purchase, or a tobacco and/or electronic nicotine-delivery systems system product vending machine sale, and if a citation was issued for any violation found.
  • (5) Seek enforcement, concurrently with other state and local officials, of the penalties as detailed in this chapter.
  • (6) Develop and disseminate community health education information and materials relating to this chapter.
  • 11-9-13.7. Signs concerning sales to individuals under age eighteen (18) Signs concerning sales to persons under age twenty-one (21).
  • 11-9-13.7. Signs concerning sales to individuals under age eighteen (18) Signs concerning sales to individuals under age twenty-one (21).
  • Signs provided by the department of behavioral healthcare, developmental disabilities and hospitals, or an exact duplicate of it made privately, shall: (1) Contain in red bold lettering a minimum of three-eighths (3/8") inch high on a white background the following wording in both English and Spanish:
  • THE SALE OF CIGARETTES,
  • TOBACCO AND ELECTRONIC NICOTINE-DELIVERY SYSTEM
  • PRODUCTS
  • TO PERSONS UNDER THE AGE OF 18 21
  • TOBACCO PRODUCTS, INCLUDING CIGARETTES AND
  • ELECTRONIC NICOTINE-DELIVERY SYSTEM PRODUCTS
  • TO PERSONS INDIVIDUALS UNDER THE AGE OF 18 21
  • IS AGAINST RHODE ISLAND LAW
  • (§ 11-9-13.8(1), Rhode Island Statutes)
  • PHOTO ID FOR PROOF OF AGE IS
  • REQUIRED FOR PURCHASE.
  • (2) Contain the phone number at the department of behavioral healthcare, developmental disabilities and hospitals, where violations of §§ 11-9-13.2 – 11-9-13.19 can be reported, in addition to any other information required by the department of behavioral healthcare, developmental disabilities and hospitals.
  • (3) Be displayed prominently for public view, wherever tobacco products or electronic nicotine-delivery systems are sold at each cash register, each tobacco and/or electronic nicotine- delivery systems vending machine, or any other place from which tobacco products or electronic nicotine-delivery systems are sold. The signs shall be electronically available in both English and Spanish online at the department of behavioral healthcare, developmental disabilities and hospitals' website.
  • (3) Be displayed prominently for public view, wherever tobacco products, including electronic nicotine-delivery system products, are sold at each cash register, each tobacco and/or product vending machine, including each electronic nicotine-delivery systems system product vending machine, or any other place from which tobacco products, including electronic nicotine- delivery system products, are sold. The signs shall be electronically available in both English and Spanish online at the department of behavioral healthcare, developmental disabilities and hospitals' website.
  • 11-9-13.8. Prohibitions applicable to license holders and their employees and agents.
  • A person holding a license issued under chapter 20 of title 44 and/or § 23-1-56, or an employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco and/or electronic nicotine-delivery system product:
  • (1) To any individual person who is under eighteen (18) twenty-one (21) years of age; or
  • (2) In any form other than an original, factory-wrapped package; or
  • A person holding a license issued under chapter 20 of title 44 and/or § 23-1-56, or an employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco product, and/or including an electronic nicotine-delivery system product:
  • (1) To any individual who is under eighteen (18) twenty-one (21) years of age; or
  • (2) In any form other than an original, factory-wrapped package as sealed and certified by the manufacturer; or
  • (3) As a single-cigarette sale (§ 44-20-31) or as a sale of cigarettes by the individual piece known as "loosies."
  • 11-9-13.10. Prohibition on the distribution of free tobacco products.
  • The distribution of free tobacco products and electronic nicotine-delivery systems or coupons or vouchers redeemable for free tobacco or electronic nicotine-delivery system products to any person under eighteen (18) twenty-one (21) years of age shall be prohibited. Further, the distributionoffreetobaccoproductsorelectronicnicotine-deliverysystemsorcouponsorvouchers redeemable for free tobacco or electronic nicotine-delivery systems products shall be prohibited, regardless of the age of the person to whom the products, coupons, or vouchers are distributed, within five hundred feet (500') of any school. The attorney general, or any local or state of Rhode Island police department, or their officers or agents, shall bring an action for any violation of this section. Every separate, free tobacco product or electronic nicotine-delivery system or coupon or voucherredeemableforafreetobaccoorelectronicnicotine-deliverysystemorproductinviolation of this section shall constitute a separate offense subject to a fine of five hundred dollars ($500). The penalty shall be assessed against the business or individual responsible for initiating the Rhode Island distribution of the free tobacco products or electronic nicotine-delivery systems or coupons or vouchers redeemable for free tobacco products or electronic nicotine-delivery systems.
  • 11-9-13.11. Prohibition on the sale or distribution of tobacco products through the mail conveyanceoftobaccoproductsthroughthemailtochildrenundereighteen(18) –Proof of age of purchaser required – General rule Prohibition on the sale or distribution of tobacco products through the mail – Conveyance of tobacco products through the mail to persons under twenty one (21) – Proof of age of purchaser required General rule.
  • (a) The distribution, or sale or conveyance of tobacco products or electronic nicotine- delivery systems to children persons under the age of eighteen (18) twenty-one (21) via the United States Postal Service, or by any other public or private postal or package delivery service, shall be prohibited.
  • (b) Any person selling or distributing tobacco products in the form of cigars, pipe tobacco, chewing tobacco, or snuff or electronic nicotine-delivery systems directly to a consumer via the United States Postal Service, or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco product or electronic nicotine-delivery system through any of these means, receive both a copy of a valid form of government identification showing date of birth to verify the purchaser is age eighteen (18) twenty-one (21) years or over and an attestation from the purchaser certifying that the information on the government identification truly and correctly identifies the purchaser and the purchaser's current address, and (2) deliver the tobacco product or electronic nicotine-delivery system to the address of the purchaser given on the valid form of government identification and by a postal or package delivery service method that either limits delivery to that purchaser and requires the purchaser to sign personally to receive the delivery or requires a signature of an adult a person age twenty-one (21) or over at the purchaser's address to deliver the package.
  • (c) The attorney general shall bring an action for any violation of this chapter. Any distribution, or sale or conveyance of a tobacco product or electronic nicotine-delivery system to a child person under eighteen (18) twenty-one (21) years of age via the United States Postal Service, or by any other public or private postal or package delivery service, shall be subject to an action against the distributor, or seller or conveyor by the attorney general of the state of Rhode Island. A minimum fine of one thousand dollars ($1,000) shall be assessed against any distributor, or seller or conveyor convicted of distributing, or selling or conveying tobacco products or electronic nicotine-delivery systems via the United States postal service, or by any other public or private postal or package delivery service, for each delivery, or sale or conveyance of a tobacco product or electronic nicotine-delivery system to a child person under eighteen (18) twenty-one (21) years of age.
  • 11-9-13.8.1. Signs concerning the health effects of tobacco.
  • Signs provided by the department of behavioral healthcare, developmental disabilities and hospitals, or an exact duplicate of it made privately, shall:
  • (1) Contain red bold lettering a minimum of one-quarters of an inch (1/4") high on a white background the following wording, in both English and Spanish: WARNING: SMOKING CIGARETTES CONTRIBUTES TO LUNG DISEASE, CANCER, HEART DISEASE, STROKE AND RESPIRATORY ILLNESS AND DURING PREGNANCY MAY RESULT IN LOW BIRTH WEIGHT AND PREMATURE BIRTH.
  • (2) The signs shall also include information regarding resources available to Rhode Island residents who would like to quit smoking.
  • (3) The signs shall be displayed prominently for public view wherever tobacco products aresoldateachcashregister,eachtobaccovendingmachine,oranyotherplacefromwhichtobacco products are sold. The signs shall be electronically available in both English and Spanish online at the department of behavioral healthcare, developmental disabilities and hospitals' website.
  • (4) The department of behavioral healthcare, developmental disabilities and hospitals shall have the power and authority to develop and disseminate signs pursuant to the requirements of this section for other tobacco products, including electronic nicotine-delivery system products. The messaging included in the signs shall be based on the most current scientific evidence.
  • 11-9-13.10. Prohibition on the distribution of free tobacco products Prohibition on the distribution of free tobacco products, including electronic nicotine-delivery system products.
  • The distribution and/or redemption of free tobacco products, including and electronic nicotine-delivery systems system products or coupons or vouchers redeemable for free or discounted tobacco products, including or electronic nicotine-delivery system products, to any person individual under eighteen (18) twenty-one (21) years of age shall be prohibited. Further, the distribution and/or redemption of free tobacco products, including or electronic nicotine-delivery systems system products or coupons or vouchers redeemable for free or discounted tobacco products, or including electronic nicotine-delivery system products, shall be prohibited, regardless of the age of the person individual to whom the products, coupons, or vouchers are distributed, within five hundred feet (500') of any school. The attorney general, or any local or state of Rhode Island police department, or their officers or agents, shall bring an action for any violation of this section. Every separate, free or discounted tobacco product, including an or electronic nicotine- delivery system product or coupon or voucher redeemable for a free or discounted tobacco product, including an or electronic nicotine-delivery system or product, in violation of this section shall constitute a separate offense subject to a fine of five hundred dollars ($500). The penalty shall be assessed against the business person or individual responsible for initiating the Rhode Island distribution of the free or discounted tobacco products or , including electronic nicotine-delivery systems system products or coupons or vouchers redeemable for free or discounted tobacco products or , including electronic nicotine-delivery systems system products, and/or against the person or individual responsible for the redemption of such coupons or vouchers.
  • 11-9-13.11. Prohibition on the sale or distribution of tobacco products through the mail conveyanceoftobaccoproductsthroughthemailtochildrenundereighteen(18)–Proof of age of purchaser required – General rule Prohibition on the sale or distribution of tobacco products, including electronic nicotine-delivery system products, through the mail – Conveyance of tobacco products, including electronic nicotine-delivery system products, through the mail to individuals under twenty-one (21) – Proof of age of purchaser required - - General rule.
  • (a) The distribution, or sale or conveyance of tobacco products, including electronic nicotine-delivery system products, to children individuals under the age of eighteen (18) twenty- one (21) via the United States Postal Service, or by any other public or private postal or package delivery service, shall be prohibited.
  • (b)Anypersonsellingordistributingtobaccoproductsintheformof little cigarsasdefined in § 44-20.2-1, pipe tobacco, chewing tobacco, or snuff, any and all products defined in § 44-20-1, or electronic nicotine-delivery system products directly to a consumer via the United States Postal Service,orbyanyotherpublicorprivatepostalorpackagedeliveryservice,includingordersplaced by mail, telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco product, including electronic nicotine-delivery system products, through any of these means, receive both a copy of a valid form of government identification showing date of birth to verify the purchaser is age eighteen (18) twenty-one (21) years or over and an attestation from the purchaser certifying that the information on the government identification truly and correctly identifies the purchaser and the purchaser's current address, and (2) deliver the tobacco product, including electronic nicotine-delivery system products, to the address of the purchaser given on the valid form of government identification and by a postal or package delivery service method that either limitsdeliverytothat purchaser andrequiresthepurchasertosignpersonallytoreceivethedelivery or requires a signature of an adult an individual age twenty-one (21) or over at the purchaser's address to deliver the package.
  • (c) The attorney general shall bring an action for any violation of this chapter. Any distribution, or sale or conveyance of a tobacco product, including electronic nicotine-delivery system products, to a child an individual under eighteen (18) twenty-one (21) years of age via the United States Postal Service, or by any other public or private postal or package delivery service, shall be subject to an action against the distributor, or seller or conveyor by the attorney general of the state of Rhode Island. A minimum fine of one thousand dollars ($1,000) shall be assessed against any distributor, or seller or conveyor convicted of distributing, or selling or conveying tobacco products, including electronic nicotine-delivery system products, via the United States postal service, or by any other public or private postal or package delivery service, for each delivery, or sale or conveyance of a tobacco product, including electronic nicotine-delivery system products, to a child an individual under eighteen (18) twenty-one (21) years of age.
  • (d) For the purpose of this section, "distribution," "distributing," "selling" and "sale" do not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's contents.
  • (e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter 20.1 of title 44. The provisions of this section shall apply to each tobacco product listed in subsection (b) herein or electronic nicotine-delivery systems, but shall not apply to any delivery sale of cigarettes.
  • (e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter 20.1 of title 44. The provisions of this section shall apply to each tobacco product listed in subsection (b) herein, which include electronic nicotine-delivery system products, but shall not apply to any delivery sale of cigarettes.
  • 11-9-13.13. Nature and size of penalties.
  • (a) Any person or individual license holder who violates a requirement of §§ 11-9-13.6(2) or 11-9-13.7, display of specific signage, shall be subject to a fine in court of not less than thirty- five dollars ($35.00), nor more than five hundred dollars ($500), per civil violation.
  • (b) The license holder is responsible for all violations of this section that occur at the location for which the license is issued. Any license holder who or that violates the prohibition of §§ 11-9-13.8(1) and/or (2) or § 11-9-13.20 shall be subject to civil fines as follows:
  • (1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six- month (36) period;
  • (2) A fine of five hundred dollars ($500) for the second violation within any thirty-six- month (36) period;
  • (3) A fine of one thousand dollars ($1,000) and a fourteen-day (14) suspension of the licensetosell tobaccoproductsor electronic nicotine-deliverysystems for thethirdviolation within any thirty-six-month (36) period;
  • (4) A fine of one thousand five hundred dollars ($1,500) and a ninety-day (90) suspension of the license to sell tobacco products or electronic nicotine-delivery systems for each violation in excess of three (3).
  • (c)Anypersonwhoorthatviolatesaprohibitionof§11-9-13.8(3),saleofsinglecigarettes; or § 11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a penalty of five hundred dollars ($500) for each violation.
  • (d) The department of taxation and/or the department of health shall not issue a license to any individual, business, firm, association, or corporation, the license of which has been revoked or suspended; to any corporation, an officer of which has had his or her license revoked or suspended; or to any individual who is, or has been, an officer of a corporation the license of which has been revoked or suspended so long as such revocations or suspensions are in effect.
  • (e) The court shall may suspend the imposition of a license suspension of the license secured from the Rhode Island tax administrator or department of health for a violation of subsections (b)(3) and (b)(4) of this section if the court finds that the license holder has taken measures to prevent the sale of tobacco products and/or electronic nicotine-delivery systems to minors an underage person and the license holder can demonstrate to the court that those measures have been taken and that employees have received training. No person shall sell tobacco products and/or electronic nicotine-delivery system products at retail without first being trained in the legal sale of tobacco and/or electronic nicotine-delivery systems products. Training shall teach employees what constitutes a tobacco product and/or electronic nicotine-delivery system product; legal age of purchase sale; acceptable identification; how to refuse a direct sale to a minor an underage person or secondary sale to an adult a person twenty-one (21) years or older; and all applicable laws on tobacco sales and distribution. Dealers shall maintain records indicating that the provisions of this section were reviewed with all employees who conduct, or will conduct, tobacco product and/or electronic nicotine-delivery systems sales. Each employee who sells or will sell tobacco products and/or electronic nicotine-delivery system products shall sign an acknowledgement form attesting that the provisions of this section were reviewed with him or her. Each form shall be maintained by the retailer for as long as the employee is so employed and for no less than one year after termination of employment. The measures to prevent the sale of tobacco and/or electronic nicotine-delivery systems to minors underage persons shall be defined by the department of behavioral healthcare, developmental disabilities and hospitals in rules and regulations.
  • (c)Anypersonwhoorthatviolatesaprohibitionof§11-9-13.8(3),saleofsinglecigarettes; or § 11-9-13.8(2), regarding factory-wrapped packs as sealed and certified by the manufacturer; shall be subject to a penalty of five hundred dollars ($500) for each violation.
  • (d) The department of taxation and/or the department of health shall not issue a license to any individual, business, firm, fiduciary, partnership, trust, association, or corporation, the license of which has been revoked or suspended; to any corporation, an officer of which has had his or her license revoked or suspended; or to any individual who is, or has been, an officer of a corporation the license of which has been revoked or suspended so long as such revocations or suspensions are in effect.
  • (e) The court shall may suspend the imposition of a license suspension of the license secured from the Rhode Island tax administrator or department of health for a violation of subsections (b)(3) and (b)(4) of this section if the court finds that the license holder has taken measures to prevent the sale of tobacco products, and/or including electronic nicotine-delivery systems system products, to minors an underage individual and the license holder can demonstrate to the court that those measures have been taken and that employees have received training. No person or individual shall sell tobacco products, and/or including electronic nicotine-delivery system products, at retail without first being trained in the legal sale of tobacco products, including and/or electronic nicotine-delivery system products. Training shall teach employees what constitutes a tobacco product, including an and/or electronic nicotine-delivery system product; legal age of purchase sale; acceptable identification; how to refuse a direct sale to a minor an underage individual or secondary sale to an adult an individual twenty-one (21) years or older; and all applicable laws on tobacco sales and distribution. Dealers shall maintain records indicating that the provisions of this section were reviewed with all employees who conduct, or will conduct, tobacco product sales, including and/or electronic nicotine-delivery systems system product sales. Each employee who sells or will sell tobacco products, and/or including electronic nicotine- delivery system products, shall sign an acknowledgement form attesting that the provisions of this section were reviewed with him or her. Each form shall be maintained by the retailer for as long as the employee is so employed and for no less than one year after termination of employment. The measures to prevent the sale of tobacco products, including and/or electronic nicotine-delivery systems system products, to minors underage individuals shall be defined by the department of behavioral healthcare, developmental disabilities and hospitals in rules and regulations.
  • SECTION 2. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by adding thereto the following section:
  • 11-9-14.1. Compliance with federal statutes and regulations.
  • (a) The provisions of §§ 11-9-13, 11-9-13.1, 11-9-13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-9-13.10, 11-9-13.11, and 11-9-13.12 shall be interpreted so as not to be less restrictive than the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 387 et seq., including 21 U.S.C. 387 f(d), or than Section 1926 of the Federal Public Health Service Act, 42 U.S.C. 300x-26, or than any regulation promulgated or updated by the United States Food and Drug Administration or the United States Secretary of Health and Human Services arising from the acts; so as to comply with the provisions of the acts and related regulations in regard to prohibiting the sale of tobacco and electronic nicotine-delivery system products to persons under the age of twenty-one (21) years; and so that the state may maintain qualification for federal funding regarding tobacco, the use and cessation of tobacco, and electronic nicotine-delivery system products. Nothing herein shall prohibit the state from enacting a statute or promulgating a regulation that is more restrictive than any provision of 21 U.S.C. 387 et seq., or any provision of 42 U.S.C. 300x-26.
  • SECTION 3. Section 11-9-14 of the General Laws in Chapter 11-9 entitled "Children" is hereby repealed.
  • 11-9-14. Use of tobacco by minors.
  • No person under eighteen (18) years of age shall use or possess, when such possession is clearly visible, tobacco in any public street, place, or resort, any tobacco and/or electronic nicotine delivery system in any form whatsoever. Any person under eighteen (18) years of age violating the provisions of this section shall be required to perform up to thirty (30) hours of community service or shall be required to enter into a tobacco treatment program, approved by any local substance abuse prevention task force, at the option of a minor charged with a violation of this section.
  • SECTION 4. This act shall take effect upon passage.
  • ========
  • LC000958
  • ========
  • The provisions of §§ 11-9-13, 11-9-13.1, 11-9-13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11- 9-13.10, 11-9-13.11, and 11-9-13.12 shall be interpreted so as not to be less restrictive than the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 387 et seq., including 21 U.S.C. 387 f(d), or than Section 1926 of the Federal Public Health Service Act, 42 U.S.C. 300x-26, or than any regulation promulgated or updated by the United States Food and Drug Administration or the United States Secretary of Health and Human Services arising from the acts; so as to comply with the provisions of the acts and related regulations in regard to prohibiting the sale of tobacco products, including electronic nicotine-delivery system products to individuals under the age of twenty-one (21) years; and so that the state may maintain qualification for federal funding regarding tobacco, the use and cessation of tobacco, including electronic nicotine-delivery system products. Nothing herein shall prohibit the state from enacting a statute or promulgating a regulation that is more restrictive than any provision of 21 U.S.C. 387 et seq., or any provision of 42 U.S.C. 300x-26.
  • SECTION 3. Section 11-9-14 of the General Laws in Chapter 11-9 entitled "Children" is hereby repealed.
  • 11-9-14. Use of tobacco by minors.
  • No person under eighteen (18) years of age shall use or possess, when such possession is clearly visible, tobacco in any public street, place, or resort, any tobacco and/or electronic nicotine delivery system in any form whatsoever. Any person under eighteen (18) years of age violating the provisions of this section shall be required to perform up to thirty (30) hours of community service or shall be required to enter into a tobacco treatment program, approved by any local substance abuse prevention task force, at the option of a minor charged with a violation of this section.
  • SECTION 4. This act shall take effect upon passage. ======== LC000958/SUB A/2 ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINAL OFFENSES – CHILDREN
  • ***
  • This act would raise the legal age for persons to purchase or be sold or delivered certain tobacco products, electronicnicotine-deliverysystems and liquid nicotine containers fromeighteen (18) years of age to twenty-one (21) years of age.
  • This act would take effect upon passage. ======== LC000958 ========
  • This act would raise the legal age for individuals to be sold or delivered certain tobacco products, including electronic nicotine-delivery systems products from eighteen (18) years of age to twenty-one (21) years of age.
  • This act would take effect upon passage. ======== LC000958/SUB A/2 ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

May 11, 2021 at 4:55pm
Yeas: 36 / Nays: 0 / Not voting: 2 / Recused: 0
Legislator Vote
Sen. Acosta Y
Sen. Algiere Y
Sen. Anderson Y
Sen. Archambault Y
Sen. Bell Y
Sen. Burke Y
Sen. Calkin NV
Sen. Cano Y
Sen. Ciccone Y
Sen. Coyne Y
Sen. Cruz Y
Sen. DiMario Y
Sen. DiPalma Y
Sen. Euer NV
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Kallman Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Mack Y
Sen. McCaffrey Y
Sen. Mendes Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Seveney Y
Sen. Sosnowski Y
Sen. Valverde Y