Existing law makes it a crime for a person to knowingly sell or possess for the purpose of sale a contraband tobacco product. (NRS 370.405) Existing law also makes it a crime for a person to otherwise import, export, possess or constructively possess a contraband tobacco product. (NRS 370.410) Section 3 of this bill includes as a contraband tobacco product a vapor product that has not been approved by the Federal Government for introduction or delivery for introduction into interstate commerce. Section 3 thereby makes it a crime for a person to: (1) sell or possess for the purpose of sale such a vapor product; and (2) otherwise import, export, possess or constructively possess such a vapor product. Section 1 of this bill requires the Department of Taxation to create and maintain on its Internet website and otherwise make available for public inspection a directory that lists each vapor product that has been approved by the United States Secretary of Health and Human Services for introduction or delivery for introduction into interstate commerce. Section 2 of this bill applies the definitions in existing law governing cigarettes to section 1.
Existing law: (1) prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper or various other products derived from nicotine to any person under the age of 21 years; (2) provides for the imposition of a civil penalty against a person or business that violates that prohibition; and (3) makes it a misdemeanor to knowingly sell or distribute such products to a person under the age of 21 years through the use of a computer network, telephonic network or other electronic network. (NRS 202.24935, 370.321, 370.521) Sections 4 and 6 of this bill additionally prohibit the sale, distribution or offer for sale of cigarettes to any person who was born after December 31, 2004, unless the sale, distribution or offer to sell occurs on the premises of a property where gaming is conducted under a nonrestricted license for gaming. Sections 5 and 7 of this bill make certain revisions to provisions which facilitate compliance with and enforcement of the existing prohibition on the sale, distribution or offer for sale of cigarettes and certain other products to persons under the age of 21 years to apply those provisions to the sale of cigarettes to persons born after December 31, 2004.
Existing law authorizes a board of county commissioners to adopt an ordinance to prohibit a child who is under 18 years of age from: (1) purchasing, attempting to purchase, possessing, attempting to possess or using tobacco products; or (2) falsely representing his or her age to purchase, obtain or possess tobacco products. (NRS 244.3572) Section 8 of this bill authorizes a board of county commissioners to adopt such an ordinance concerning a person who is under 21 years of age in accordance with existing state law prohibiting the sale of tobacco products to such a person. (NRS 202.24935, 370.521) Section 8 also authorizes a board of county commissioners to adopt such an ordinance prohibiting a person born after December 31, 2004, from: (1) purchasing, attempting to purchase, possessing, attempting to possess or smoking cigarettes, except on the premises of a property where gaming is conducted under a nonrestricted license for gaming; or (2) falsely representing his or her age to purchase, obtain or possess cigarettes.