2021 -- S 0263 SUBSTITUTE A

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LC000958/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     Introduced By: Senators Coyne, Ruggerio, Gallo, Lombardo, Goodwin, McCaffrey,
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, 11-9-13.2, 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 any product that (i) contains tobacco that is wrapped in temburni

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 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) "Tobacco product(s)" means any product containing tobacco, including bidi 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-

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20-1, electronic nicotine-delivery system products, or any added substance that may be aerosolized,

vaporized, or otherwise delivered by such an electronic nicotine-delivery system device, whether

or not that substance contains nicotine.

     (i) "Tobacco product(s)" does not include drugs, devices, or combination products intended

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" means any 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

simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device,

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. Electronic nicotine-delivery system products shall not include hemp-derived consumable

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.

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     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 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

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 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

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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 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 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.

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     (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

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."

     11-9-13.8.1. 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

are sold at each cash register, each tobacco vending machine, or any other place from which tobacco

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.

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     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 conveyance of tobacco products through the mail to children under eighteen (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) Any person selling or distributing tobacco products in the form of little cigars as defined

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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, 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, 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

limits delivery to that purchaser and requires the purchaser to sign personally to receive the delivery

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, which include electronic nicotine-delivery system products, but shall not apply to any

delivery sale of cigarettes.

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     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

license to sell tobacco products or electronic nicotine-delivery systems for the third violation 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) Any person who or that violates a prohibition of § 11-9-13.8(3), sale of single cigarettes;

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

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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.

     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

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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.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

***

     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.

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