THE SENATE

S.B. NO.

1127

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SALES OF ELECTRONIC SMOKING DEVICES TO PERSONS UNDER 18 YEARS OF AGE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 709-908, Hawaii Revised Statutes, is amended to read as follows:

"709-908 Tobacco[;] products; vapor products; minors. (1) It shall be unlawful to sell or furnish tobacco products or vapor products in any shape or form[, including chewing tobacco and snuff,] to a minor under eighteen years of age.

(2) Signs using the statement, "The sale of tobacco products and vapor products to persons under eighteen is prohibited", shall be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products are sold in letters at least one-half inch high.

(3) It shall be unlawful for a minor under eighteen years of age to purchase any tobacco product[,] or vapor product, as [described under] defined in subsection [(1).] (5). This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of law enforcement to determine the level of incidence of tobacco product or vapor product sales to minors.

(4) Any person who violates subsection (1) or (2), or both, shall be fined $500 for the first offense. Any subsequent offenses shall subject the person to a fine not less than $500 nor more than $2,000. Any minor under eighteen years of age who violates subsection (3) shall be fined $10 for the first offense. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform not less than forty-eight hours nor more than seventy-two hours of community service during hours when the person is not employed and is not attending school.

(5) For purposes of this section:

"Tobacco product" means any product made or derived from tobacco that is intended for human consumption, including cigarettes, cigars, snuff, chewing or smokeless tobacco, smoking or pipe tobacco, and vapor products. "Tobacco product" shall not include any product that is regulated under chapter V of the Federal Food, Drug, and Cosmetic Act.

"Vapor product" means any noncombustible tobacco derived product containing nicotine that employs a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. "Vapor product" includes an electronic cigarette, electronic cigar, electronic cigarillo, and electronic pipe. "Vapor product" shall not include any product that is regulated under chapter V of the federal Food, Drug, and Cosmetic Act."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act, upon its approval, shall take effect on July 1, 2013.

 


 


 

Report Title:

Vapor Products; Tobacco Products; Electronic Cigarettes

 

Description:

Adds tobacco products and vapor products as items that are unlawful to sell or furnish to persons under eighteen years of age. Adds vapor products as an item that is unlawful for a person under eighteen years of age to purchase. Requires the additional listing of vapor products to sales prohibition signage. (SD1)

 

 

 

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