Present law generally provides that a person who engages in the following prohibited conduct must receive only a warning letter and not receive a civil penalty for the person's first violation:
(1) Selling or distributing a tobacco, smoking hemp, vapor product, or smokeless nicotine product to another person who has not attained 21 years of age or to purchase a tobacco, smoking hemp, vapor product, or smokeless nicotine product on behalf of such person under 21 years of age;
(2) Persuading, enticing, sending, or assisting a person who has not attained 21 years of age to purchase, acquire, receive or attempt to purchase, acquire or receive a tobacco, smoking hemp, vapor product, or smokeless nicotine product;
(3) Distributing tobacco, smoking hemp, vapor product, or smokeless nicotine product samples in or on a public street, sidewalk, or park;
(4) Failing to post at the place of business where a person sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail certain signage that states the prohibition against selling tobacco products, vapor products, smokeless nicotine products, or smoking paraphernalia to persons under 21 years of age and that proof of age may be required;
(5) Selling tobacco, smoking hemp, vapor products, or smokeless nicotine products through a vending machine unless the vending machine is located in certain locations; or
(6) Selling cigarettes or smokeless tobacco products, except in the original, sealed package in which they were placed by the manufacturer that bears the health warning required by federal law.
However, for a second violation of engaging in the conduct described above, a person is subject to a civil penalty of not more than $500. This bill modifies this civil penalty provision concerning second violations by providing instead that a person is subject to the following civil penalties:
(1) Not more than $500 for the person's second violation involving tobacco and smokable hemp products; and
(2) Not more than $750 for the person's second violation involving vapor products.

Statutes affected:
Introduced: 39-17-1509(b), 39-17-1509