2020 -- H 7041 | |
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LC003470 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- CHILDREN | |
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Introduced By: Representatives Diaz, Caldwell, Alzate, Serpa, and Casimiro | |
Date Introduced: January 09, 2020 | |
Referred To: House Health, Education & Welfare | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 11-9-13, 11-9-13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-9-13.10, |
2 | 11-9-13.11 and 11-9-14 of the General Laws in Chapter 11-9 entitled "Children" are hereby |
3 | amended to read as follows: |
4 | 11-9-13. Purchase, sale or delivery of tobacco products to persons under eighteen -- |
5 | Posting notice of law. Purchase, sale or delivery of tobacco products to persons under |
6 | twenty-one -- Posting notice of law. |
7 | No person under eighteen (18) twenty-one (21) years of age shall purchase, nor shall any |
8 | person sell, give, or deliver to any person under eighteen (18) twenty-one (21) years of age, any |
9 | tobacco in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as |
10 | "blunts," unflavored "blunts," flavored and unflavored blunt wraps, cigarette rolling papers of any |
11 | size or composition, cigarillos and tiparillos, pipe tobacco, chewing tobacco, electronic nicotine- |
12 | delivery systems, electronic nicotine-delivery system liquids, liquid nicotine containers, or snuff. |
13 | Any person, firm, or corporation that owns, manages, or operates a place of business in which |
14 | tobacco products are sold, including sales through cigarette vending machines, shall post notice |
15 | of this law conspicuously in the place of business in letters at least three-eighths of an inch (3/8") |
16 | high. |
17 | 11-9-13.4. Definitions. |
18 | As used in this chapter: |
19 | (1) "Bidi cigarette" means any product that (i) contains tobacco that is wrapped in |
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1 | temburni or tender leaf, or that is wrapped in any other material identified by rules of the |
2 | Department of Health that is similar in appearance or characteristics to the temburni or tender |
3 | leaf, and (ii) does not contain a smoke filtering device. |
4 | (2) "Court" means any appropriate district court of the state of Rhode Island. |
5 | (3) "Dealer" is synonymous with the term "retail tobacco products dealer". |
6 | (4) "Department of behavioral healthcare, developmental disabilities and hospitals " |
7 | means the state of Rhode Island behavioral healthcare, developmental disabilities and hospitals |
8 | department, its employees, agents or assigns. |
9 | (5) "Department of taxation" means the state of Rhode Island taxation division, its |
10 | employees, agents, or assigns. |
11 | (6) "License" is synonymous with the term "retail tobacco products dealer license" or |
12 | "electronic nicotine-delivery system license." |
13 | (7) "License holder" is synonymous with the term "retail tobacco products dealer" or |
14 | "electronic nicotine-delivery system license." |
15 | (8) "Person" means any individual person, firm, association, or corporation licensed as a |
16 | retail dealer to sell tobacco products within the state. |
17 | (9) "Retail tobacco products dealer" means the holder of a license to sell tobacco products |
18 | at retail. |
19 | (10) "Retail tobacco products dealer license" means a license to sell tobacco products at |
20 | retail as issued by the department of taxation. |
21 | (11) "Spitting tobacco" also means snuff, powdered tobacco, chewing tobacco, dipping |
22 | tobacco, pouch tobacco, or smokeless tobacco. |
23 | (12) "Tobacco product(s)" means any product containing tobacco, including bidi |
24 | cigarettes, as defined in subdivision (1) of this section, that can be used for, but whose use is not |
25 | limited to, smoking, sniffing, chewing, or spitting of the product. |
26 | (13) "Underage individual" or "underage individuals" means any child under the age of |
27 | eighteen (18) twenty-one (21) years of age. |
28 | (14) "Little cigars" means and includes any roll, made wholly or in part of tobacco, |
29 | irrespective of size or shape, and irrespective of whether the tobacco is flavored, adulterated, or |
30 | mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco |
31 | wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except |
32 | where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three |
33 | (3) pounds per thousand (1,000). |
34 | (15) "Electronic nicotine-delivery system" means an electronic device that may be used |
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1 | to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the |
2 | device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic |
3 | cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other |
4 | component of such device. |
5 | 11-9-13.6. Duties of the department of behavioral healthcare, developmental |
6 | disabilities and hospitals. |
7 | The department of behavioral healthcare, developmental disabilities and hospitals shall: |
8 | (1) Coordinate and promote the enforcement of the provisions of this chapter and serve as |
9 | the primary liaison from this department to other state or local agencies, departments, or divisions |
10 | on issues pertaining to stopping children's access to tobacco and electronic nicotine-delivery |
11 | system dealers. |
12 | (2) Provide retail tobacco products dealers and electronic nicotine-delivery system |
13 | dealers signs concerning the prohibition of sales to children under eighteen (18) twenty-one (21) |
14 | years of age. The signs, conforming to the requirements of this chapter, shall be sold at cost. This |
15 | sign, or an exact duplicate of it made privately, shall be displayed in all locations where tobacco |
16 | products and/or electronic nicotine-delivery systems are sold. |
17 | (3) Investigate concurrently with other state and local officials violations of this chapter. |
18 | (4)(i) Utilize unannounced statewide compliance checks of tobacco product sales and/or |
19 | electronic nicotine-delivery system sales including retail tobacco and/or electronic nicotine- |
20 | delivery system over-the-counter sales, mail-order sales initiated via mail, facsimile, telephone or |
21 | internet ordering or other types of electronic communications, and tobacco and/or electronic |
22 | nicotine-delivery systems vending machine sales as part of investigating compliance with the |
23 | provisions of this chapter. Underage individuals, acting as agents for the department of behavioral |
24 | healthcare, developmental disabilities and hospitals and with the written permission of a parent or |
25 | guardian, may purchase, with impunity from prosecution, tobacco products and electronic |
26 | nicotine-delivery system for the purposes of law enforcement or government research involving |
27 | monitoring compliance with this chapter, provided that the underage individuals are supervised |
28 | by an adult law enforcement official. Any individual participating in an unannounced compliance |
29 | check of over-the-counter or vending machine sales, must state his or her accurate age if asked by |
30 | the sales representative of the retail establishment being checked. |
31 | (ii) In fulfilling the requirement of unannounced statewide compliance checks, the |
32 | department of behavioral healthcare, developmental disabilities and hospitals shall maintain |
33 | complete records of the unannounced compliance checks, detailing, at least, the date of the |
34 | compliance check; the name and address of the retail establishment checked or the mail order |
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1 | company; the results of the compliance check (sale/no sale); whether the sale was made as an |
2 | over-the-counter sale, a mail-order purchase or a tobacco and/or or electronic nicotine-delivery |
3 | systems vending machine sale; and if a citation was issued for any violation found. The records |
4 | shall be subject to public disclosure. Further, the department of behavioral healthcare, |
5 | developmental disabilities and hospitals shall report to the owner of each retail establishment |
6 | checked or mail-order company the results of any compliance check (sale/no sale) whether the |
7 | sale was made as an over-the-counter sale, a mail-order purchase, or a tobacco and/or electronic |
8 | nicotine-delivery systems vending machine sale, and if a citation was issued for any violation |
9 | found. |
10 | (5) Seek enforcement, concurrently with other state and local officials, of the penalties as |
11 | detailed in this chapter. |
12 | (6) Develop and disseminate community health education information and materials |
13 | relating to this chapter. |
14 | 11-9-13.7. Signs concerning sales to individuals under age eighteen (18). Signs |
15 | concerning sales to individuals under age twenty-one (21). |
16 | Signs provided by the department of behavioral healthcare, developmental disabilities |
17 | and hospitals, or an exact duplicate of it made privately, shall: |
18 | (1) Contain in red bold lettering a minimum of three-eighths (3/8") inch high on a white |
19 | background the following wording in both English and Spanish: |
20 | THE SALE OF CIGARETTES, |
21 | TOBACCO AND ELECTRONIC NICOTINE-DELIVERY SYSTEM |
22 | PRODUCTS |
23 | TO PERSONS UNDER THE AGE OF 18 21 |
24 | IS AGAINST RHODE ISLAND LAW |
25 | (§ 11-9-13.8(1), Rhode Island Statutes) |
26 | PHOTO ID FOR PROOF OF AGE IS |
27 | REQUIRED FOR PURCHASE. |
28 | (2) Contain the phone number at the department of behavioral healthcare, developmental |
29 | disabilities and hospitals, where violations of §§ 11-9-13.2 -- 11-9-13.19 can be reported, in |
30 | addition to any other information required by the department of behavioral healthcare, |
31 | developmental disabilities and hospitals. |
32 | (3) Be displayed prominently for public view, wherever tobacco products are sold at each |
33 | cash register, each tobacco and/or electronic nicotine-delivery systems vending machine, or any |
34 | other place from which tobacco products are sold. The signs shall be electronically available in |
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1 | both English and Spanish online at the department of behavioral healthcare, developmental |
2 | disabilities and hospitals' website. |
3 | 11-9-13.8. Prohibitions applicable to license holders and their employees and agents. |
4 | A person holding a license issued under chapter 20 of title 44 and/or § 23-1-56, or an |
5 | employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco |
6 | and/or electronic nicotine-delivery system product: |
7 | (1) To any individual who is under eighteen (18) twenty-one (21) years of age; or |
8 | (2) In any form other than an original, factory-wrapped package; or |
9 | (3) As a single-cigarette sale (§ 44-20-31) or as a sale of cigarettes by the individual piece |
10 | known as "loosies." |
11 | 11-9-13.10. Prohibition on the distribution of free tobacco products. |
12 | The distribution of free tobacco products and electronic nicotine-delivery systems or |
13 | coupons or vouchers redeemable for free tobacco or electronic nicotine-delivery system products |
14 | to any person under eighteen (18) twenty-one (21) years of age shall be prohibited. Further, the |
15 | distribution of free tobacco products or electronic nicotine-delivery systems or coupons or |
16 | vouchers redeemable for free tobacco or electronic nicotine-delivery systems products shall be |
17 | prohibited, regardless of the age of the person to whom the products, coupons, or vouchers are |
18 | distributed, within five hundred feet (500') of any school. The attorney general, or any local or |
19 | state of Rhode Island police department, or their officers or agents, shall bring an action for any |
20 | violation of this section. Every separate, free tobacco product or electronic nicotine-delivery |
21 | system or coupon or voucher redeemable for a free tobacco or electronic nicotine-delivery system |
22 | or product in violation of this section shall constitute a separate offense subject to a fine of five |
23 | hundred dollars ($500). The penalty shall be assessed against the business or individual |
24 | responsible for initiating the Rhode Island distribution of the free tobacco products or electronic |
25 | nicotine-delivery systems or coupons or vouchers redeemable for free tobacco products or |
26 | electronic nicotine-delivery systems. |
27 | 11-9-13.11. Prohibition on the sale or distribution of tobacco products through the |
28 | mail conveyance of tobacco products through the mail to children under eighteen (18) -- |
29 | Proof of age of purchaser required -- General rule. Prohibition on the sale or distribution of |
30 | tobacco products through the mail conveyance of tobacco products through the mail to |
31 | children under twenty-one (21) -- Proof of age of purchaser required -- General rule. |
32 | (a) The distribution, or sale or conveyance of tobacco products to children under the age |
33 | of eighteen (18) twenty-one (21) via the United States Postal Service, or by any other public or |
34 | private postal or package delivery service, shall be prohibited. |
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1 | (b) Any person selling or distributing tobacco products in the form of cigars, pipe |
2 | tobacco, chewing tobacco, or snuff directly to a consumer via the United States Postal Service, or |
3 | by any other public or private postal or package delivery service, including orders placed by mail, |
4 | telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco product |
5 | through any of these means, receive both a copy of a valid form of government identification |
6 | showing date of birth to verify the purchaser is age eighteen (18) twenty-one (21) years or over |
7 | and an attestation from the purchaser certifying that the information on the government |
8 | identification truly and correctly identifies the purchaser and the purchaser's current address, and |
9 | (2) deliver the tobacco product to the address of the purchaser given on the valid form of |
10 | government identification and by a postal or package delivery service method that either limits |
11 | delivery to that purchaser and requires the purchaser to sign personally to receive the delivery or |
12 | requires a signature of an adult at the purchaser's address to deliver the package. |
13 | (c) The attorney general shall bring an action for any violation of this chapter. Any |
14 | distribution, or sale or conveyance of a tobacco product to a child under eighteen (18) twenty-one |
15 | (21) years of age via the United States Postal Service, or by any other public or private postal or |
16 | package delivery service, shall be subject to an action against the distributor, or seller or conveyor |
17 | by the attorney general of the state of Rhode Island. A minimum fine of one thousand dollars |
18 | ($1,000) shall be assessed against any distributor, or seller or conveyor convicted of distributing, |
19 | or selling or conveying tobacco products via the United States postal service, or by any other |
20 | public or private postal or package delivery service, for each delivery, or sale or conveyance of a |
21 | tobacco product to a child under eighteen (18) twenty-one (21) years of age. |
22 | (d) For the purpose of this section, "distribution," "distributing," "selling" and "sale" do |
23 | not include the acts of the United States Postal Service or other common carrier when engaged in |
24 | the business of transporting and delivering packages for others or the acts of a person, whether |
25 | compensated or not, who transports or delivers a package for another person without any reason |
26 | to know of the package's contents. |
27 | (e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter |
28 | 20.1 of title 44. The provisions of this section shall apply to each tobacco product listed in |
29 | subsection (b) herein, but shall not apply to any delivery sale of cigarettes. |
30 | 11-9-14. Use of tobacco by minors Use of tobacco by individuals under twenty-one |
31 | (21) years. |
32 | No person under eighteen (18) twenty-one (21) years of age shall use or possess, when |
33 | such possession is clearly visible, tobacco in any public street, place, or resort, any tobacco and/or |
34 | electronic nicotine delivery system and/or liquid nicotine container in any form whatsoever. Any |
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1 | person under eighteen (18) twenty-one (21) years of age violating the provisions of this section |
2 | shall be required to perform up to thirty (30) hours of community service or shall be required to |
3 | enter into a tobacco treatment program, approved by any local substance abuse prevention task |
4 | force, at the option of a minor charged with a violation of this section. |
5 | SECTION 2. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by |
6 | adding thereto the following section: |
7 | 11-9-14.1. Compliance with Food and Drug Administration regulations. |
8 | (a) The provisions of §§ 11-9-13, 11-9-13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-9-13.10, |
9 | 11-9-13.11, and 11-9-14 shall be deemed and interpreted so as to be consistent and in compliance |
10 | with any regulations promulgated or updated by the United States Food and Drug Administration |
11 | or the Secretary of Health and Human Services to comply with the provisions of the Federal |
12 | Food, Drug, and Cosmetic Act, 21 U.S.C. 387f(d), in regard to prohibiting the sale of tobacco and |
13 | electronic nicotine-delivery system products to persons under the age of twenty-one (21) years. |
14 | In the event of any question as to the applicability with federal regulations, §§ 11-9-13, 11-9- |
15 | 13.4, 11-9-13.6, 11-9-13.7, 11-9-13.8, 11-9-13.10, 11-9-13.11, and 11-9-14 shall be deemed and |
16 | interpreted to conform with applicable federal requirements to obtain federal funding regarding |
17 | tobacco, the use and cessation of tobacco, and electronic nicotine-delivery system products. |
18 | SECTION 3. This act shall take effect upon passage. |
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LC003470 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- CHILDREN | |
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1 | This act would raise the legal age for persons to purchase or be sold or delivered certain |
2 | tobacco products, electronic nicotine delivery systems and liquid nicotine containers from |
3 | eighteen (18) years of age to twenty-one (21) years of age. |
4 | This act would take effect upon passage. |
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LC003470 | |
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