House Bill No. introduced by F. Smith seeks to revise the regulatory framework for tobacco products in Montana by expanding the definition of "tobacco" to encompass alternative nicotine and vapor products. This includes incorporating these products into the licensing fees for tobacco sales and repealing the prohibition on local ordinances that restrict the sale of tobacco products. The bill introduces new definitions for "alternative nicotine product" and "vapor product," classifying them as tobacco products under the law. Additionally, it amends various sections of the Montana Code Annotated (MCA) to reflect these changes and specifically repeals Section 16-11-313, which previously restricted local governments from regulating the sale of alternative nicotine and vapor products.
The legislation outlines the responsibilities of retail sellers, mandating the display of health warning signs and prohibiting sales to individuals under 18 years of age. It establishes penalties for violations, including civil penalties and potential license suspensions for repeated offenses. The bill also requires establishment owners or managers to complete self-teaching materials and submit a written statement to the Department of Public Health and Human Services (DPHHS) confirming employee training. Inspections for compliance will be conducted by the DPHHS, and documentation of violations will be sent to the Department of Revenue. While local governments can still adopt regulations, they must align with the existing chapter without being more stringent, thereby streamlining the regulatory approach to tobacco sales in Montana.
Statutes affected: LC Text: 7-1-111, 16-11-302, 16-11-303, 16-11-304, 16-11-305, 16-11-306, 16-11-308, 16-11-309, 16-11-310, 16-11-311
HB0177_1(1): 7-1-111, 16-11-302, 16-11-303, 16-11-304, 16-11-305, 16-11-306, 16-11-308, 16-11-309, 16-11-310, 16-11-311
HB0177_1(2): 7-1-111, 16-11-302, 16-11-303, 16-11-304, 16-11-305, 16-11-306, 16-11-308, 16-11-309, 16-11-310, 16-11-311
HB0177_1(3): 7-1-111, 16-11-302, 16-11-303, 16-11-304, 16-11-305, 16-11-306, 16-11-308, 16-11-309, 16-11-310, 16-11-311
HB0177_1(4): 7-1-111, 16-11-302, 16-11-303, 16-11-304, 16-11-305, 16-11-306, 16-11-308, 16-11-309, 16-11-310, 16-11-311
HB0177_1(5): 7-1-111, 16-11-302, 16-11-303, 16-11-304, 16-11-305, 16-11-306, 16-11-308, 16-11-309, 16-11-310, 16-11-311
HB0177_1: 7-1-111, 16-11-302, 16-11-303, 16-11-304, 16-11-305, 16-11-306, 16-11-308, 16-11-309, 16-11-310, 16-11-311