21.0509.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2156
of North Dakota
Introduced by
Senators Dwyer, Bell
Representatives Hanson, Headland, Heinert, K. Koppelman
1 A BILL for an Act to amend and reenact sections 12.1-31-03, 12.1-31-03.1, 12.1-31-03.3, and
2 51-32-01 of the North Dakota Century Code, relating to the prohibition of an individual under
3 twenty-one years of age from purchasing, possessing, or using tobacco products or electronic
4 smoking devices; and to provide a penalty.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 12.1-31-03 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 12.1-31-03. Sale of tobacco, electronic smoking devices, or alternative nicotine
9 products to minorsan individual under twenty-one years of age and use by minorsan
10 individual under twenty-one years of age prohibited.
11 1. a. It is an infraction for any person to sell or furnish to a minoran individual under
12 twenty-one years of age, or procure for a minoran individual under twenty-one
13 years of age, cigarettes, cigarette papers, cigars, snuff, tobacco in any other form
14 in which it may be utilized for smoking or chewing, electronic smoking devices, or
15 alternative nicotine products. As used in this subdivision, "sell" includes
16 dispensing from a vending machine under the control of the actor.
17 b. It is an infraction for any person to display or offer for sale cigarettes, cigarette
18 papers, cigars, snuff, tobacco in any other form in which it may be utilized for
19 smoking or chewing, electronic smoking devices, or alternative nicotine products
20 through a self-service display. This subdivision does not apply to a:
21 (1) Vending machine or other coin-operated machine that is permitted under
22 section 12.1-31-03.1; or
23 (2) Self-service display that is located in a tobacco specialty store.
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1 2. It is a noncriminal offense for a minoran individual under twenty-one years of age to
2 purchase, possess, smoke, or use cigarettes, cigars, cigarette papers, snuff, tobacco
3 in any other form in which it may be utilized for smoking or chewing, electronic
4 smoking devices, or alternative nicotine products. However, an individual under
5 eighteentwenty-one years of age may purchase and possess tobacco, electronic
6 smoking devices, or alternative nicotine products as part of a compliance survey
7 program when acting with the permission of the individual's parent or guardian and
8 while acting under the supervision of any law enforcement authority. A state agency,
9 city, county, board of health, tobacco, electronic smoking devices, or alternative
10 nicotine products retailer, or association of tobacco, electronic smoking devices, or
11 alternative nicotine products retailers may also conduct compliance surveys, after
12 coordination with the appropriate local law enforcement authority.
13 3. Subsections 1 and 2 do not apply to an individual under twenty-one years of age who
14 possesses cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in
15 which it may be used for smoking or chewing, electronic smoking devices, or
16 alternative nicotine products when required in the performance of the individual's
17 duties as an employee.
18 4. It is a noncriminal offense for a minoran individual under twenty-one years of age to
19 present or offer to another individual a purported proof of age which is false,
20 fraudulent, or not actually the minor'sthat individual's own proof of age, for the purpose
21 of attempting to purchase or possess cigarettes, cigars, cigarette papers, snuff,
22 tobacco in any other form in which it may be utilized for smoking or chewing, electronic
23 smoking devices, or alternative nicotine products.
24 4.5. A city or county may adopt an ordinance or resolution regarding the sale of tobacco,
25 electronic smoking devices, or alternative nicotine products to minorsindividuals under
26 twenty-one years of age and use of tobacco, electronic smoking devices, or alternative
27 nicotine products by minorsindividuals under twenty-one years of age which includes
28 prohibitions in addition to those in subsection 1, 2, or 34. Any ordinance or resolution
29 adopted must include provisions deeming a violation of subsection 2 or 34 a
30 noncriminal violation and must provide for a fee of not less than twenty-five dollars for
31 a minoran individual fourteen years of age or older who has been charged with an
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1 offense under subsection 2 or 34. The failure to post a required bond or pay an
2 assessed fee by an individual found to have violated the ordinance or resolution is
3 punishable as a contempt of court, except a minoran individual under twenty-one
4 years of age may not be imprisoned for the contempt.
5 5.6. A minorAn individual fourteen years of age or older found to have violated
6 subsection 2 or 34 must pay a fee of twenty-five dollars.
7 a. Any individual who has been cited for a violation of subsection 2 or 34 may
8 appear before a court of competent jurisdiction and pay the fee by the time
9 scheduled for a hearing, or if bond has been posted, may forfeit the bond by not
10 appearing at the scheduled time. An individual appearing at the time scheduled in
11 the citation may make a statement in explanation of that individual's action and
12 the judge may waive, reduce, or suspend the fee or bond, or both. If the
13 individual cited follows the procedures of this subdivision, that individual has
14 admitted the violation and has waived the right to a hearing on the issue of
15 commission of the violation. The bond required to secure appearance before the
16 court must be identical to the fee. This subdivision does not allow a citing officer
17 to receive the fee or bond.
18 b. If an individual cited for a violation of subsection 2 or 34 does not choose to
19 follow the procedures provided under subdivision a, that individual may request a
20 hearing on the issue of the commission of the violation cited. The hearing must
21 be held at the time scheduled in the citation or at some future time, not to exceed
22 ninety days later, set at that first appearance. At the time of a request for a
23 hearing on the issue on commission of the violation, the individual cited shall
24 deposit with the court an appearance bond equal to the fee for the violation cited.
25 c. The failure to post bond or to pay an assessed fee is punishable as a contempt of
26 court, except a minoran individual may not be imprisoned for the contempt.
27 6.7. The prosecution must prove the commission of a cited violation under subsection 2 or
28 34 by a preponderance of the evidence.
29 7.8. A law enforcement officer that cites a minor for violation of this section shall mail a
30 notice of the violation to the parent or legal guardian of the minor within ten days of the
31 citation.
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1 8.9. A person adjudged guilty of contempt for failure to pay a fee or fine may be sentenced
2 by the court to a sanction or order designed to ensure compliance with the payment of
3 the fee or fine or to an alternative sentence or sanction including community service.
4 9.10. As used in this section:
5 a. "Alternative nicotine product" means any noncombustible product containing
6 nicotine that is intended for human consumption, whether chewed, absorbed,
7 dissolved, or ingested by any other means. The term does not include any
8 cigarette, cigar, snuff, tobacco in any other form in which it may be utilized for
9 smoking or chewing, any electronic smoking device, or any product regulated as
10 a drug or device by the United States food and drug administration under
11 chapter V of the Federal Food, Drug, and Cosmetic Act [21 U.S.C 501 et seq.].
12 b. "Electronic smoking device" means any electronic product that delivers nicotine
13 or other substances to the individual inhaling from the device, including, an
14 electronic cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking
15 device includes any component, part, or accessory of such a product, whether or
16 not sold separately. Electronic smoking device does not include drugs, devices,
17 or combination products approved for sale by the United States food and drug
18 administration, as those terms are defined in the Federal Food, Drug and
19 Cosmetic Act [52 Stat. 1040; 21 U.S.C. 301 et seq.].
20 c. "Self-service display" means a display that contains cigarettes, cigarette papers,
21 cigars, snuff, tobacco in any other form which it may be utilized for smoking or
22 chewing, electronic smoking devices, or alternative nicotine products and is
23 located in an area that is openly accessible to the retailer's customers, and from
24 which customers can readily access those products without the assistance of a
25 salesperson. A display case that holds those products behind locked doors does
26 not constitute a self-service display.
27 d. "Tobacco specialty store" means a retail store that:
28 (1) Derives at least seventy-five percent of its revenue from the sale of
29 cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which
30 it may be utilized for smoking or chewing, electronic smoking devices, or
31 alternative nicotine products; and
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1 (2) Does not permit minors to enter the premises unless accompanied by a
2 parent or legal guardian.
3 e. "Vending machine" means a machine, appliance, or other mechanical device
4 operated by currency, token, debit card, credit card, or other means of payment
5 that is designed or used for vending purposes, including machines or devices
6 that use remote control locking mechanisms.
7 SECTION 2. AMENDMENT. Section 12.1-31-03.1 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 12.1-31-03.1. Vending machines prohibited - Penalty.
10 1. It is an infraction for any person to sell or furnish cigarettes, cigarette papers, cigars,
11 snuff, tobacco in any other form in which it may be utilized for smoking or chewing,
12 electronic smoking devices, or alternative nicotine products through a vending
13 machine, except as provided in subsection 2.
14 2. Subsection 1 does not apply to:
15 a. A vending machine that is located in an area in which minorsindividuals under
16 twenty-one years of age are not permitted access; or
17 b. A vending machine that dispenses cigarettes, cigarette papers, cigars, snuff,
18 tobacco in any other form in which it may be utilized for smoking or chewing,
19 electronic smoking devices, or alternative nicotine products through the operation
20 of a device that requires a salesperson to control the dispensation of such
21 product.
22 3. It is an infraction for any person to sell or furnish cigarettes, cigarette papers, cigars,
23 snuff, tobacco in any other form in which it may be utilized for smoking or chewing,
24 electronic smoking devices, or alternative nicotine products through any vending
25 machine, if those products are placed together with any nontobacco product, other
26 than matches, in the vending machine.
27 4. As used in this section, "electronic smoking devices" and "alternative nicotine
28 products" have the same meaning as in section 12.1-31-03.
29 SECTION 3. AMENDMENT. Section 12.1-31-03.3 of the North Dakota Century Code is
30 amended and reenacted as follows:
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1 12.1-31-03.3. Sale of flavored e-liquid to minors prohibited - Penalty.
2 1. A person may not sell, offer for sale, or distribute in this state any flavored e-liquid or
3 electronic smoking device containing flavored e-liquid to a minoran individual under
4 twenty-one years of age.
5 2. A person that violates subsection 1 and is not a manufacturer is subject to a fine of five
6 hundred dollars for each individual package of flavored e-liquid product or electronic
7 smoking device containing flavored e-liquid sold or offered for sale.
8 SECTION 4. AMENDMENT. Section 51-32-01 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 51-32-01. Prohibited acts regarding sale of tobacco products, electronic smoking
11 devices, or alternative nicotine products to minorsan individual under twenty-one years
12 of age.
13 1. It is unlawful for any person in the business of selling tobacco products to take an
14 order for a tobacco product, other than from a person who is in the business of selling
15 tobacco products, through the mail or through any telecommunications means,
16 including by telephone, facsimile, or the internet, if in providing for the sale or delivery
17 of the product pursuant to the order, the person mails the product or ships the product
18 by carrier, and the person fails to comply with each of the following procedures:
19 a. Before mailing or shipping the product, the person receives from the individual
20 who places the order the following:
21 (1) A copy of a valid government-issued document that provides the name,
22 address, and date of birth of the individual; and
23 (2) A signed statement from the individual providing a certification that the
24 individual:
25 (a) Is a smoker of legal minimum purchase age in the state;
26 (b) Has selected an option on the statement as to whether the individual
27 wants to receive mailings from a tobacco company; and
28 (c) Understands that providing false information may constitute a violation
29 of law.
30 b. Before mailing or shipping the product, the person:
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1 (1) Verifies the date of birth or age of the individual against a commercially
2 available database; or
3 (2) Obtains a photocopy or other image of the valid, government-issued
4 identification stating the date of birth or age of the individual placing the
5 order.
6 c. Before mailing or shipping the product, the person provides to the prospective
7 purchaser, by electronic mail or other means, a notice that meets the
8 requirements of section 51-32-04.
9 d. In the case of an order for a product pursuant to an advertisement on the
10 internet, the person receives payment by credit card, debit card, or check for the
11 order before mailing or shipping the product.
12 e. (1) The person employs a method of mailing or shipping the product requiring
13 that the individual purchasing the product:
14 (a) Be the addressee;
15 (b) Have an individual of legal minimum purchase age sign for delivery of
16 the package; and
17 (c) If the individual appears to the carrier making the delivery to be under
18 twenty-seven years of age, take delivery of the package only after
19 producing valid government-issued identification that bears a
20 photograph of the individual, indicates that the individual is not under
21 the legal age to purchase cigarettes, and indicates that the individual
22 is not younger than the age indicated on the government-issued
23 document.
24 (2) The bill of lading clearly states the requirements in subdivision e and
25 specifies that