SB 248-FN - AS AMENDED BY THE SENATE
01/08/2020 0022s
2019 SESSION
19-0517
01/04
SENATE BILL 248-FN
AN ACT increasing the age for sales and possession of tobacco products.
SPONSORS: Sen. Watters, Dist 4; Sen. Kahn, Dist 10; Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Sen. Sherman, Dist 24; Rep. Berrien, Rock. 18; Rep. Cahill, Rock. 17; Rep. MacKay, Merr. 14
COMMITTEE: Commerce
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ANALYSIS
This bill increases the age for sales and possession of tobacco products.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/08/2020 0022s 19-0517
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT increasing the age for sales and possession of tobacco products.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Access to and Use of Tobacco Products; Purpose. Amend RSA 126-K:1 to read as follows:
126-K:1 Purpose. The purpose of this chapter is to protect the citizens of New Hampshire from the possibility of addiction, disability, and death resulting from the use of tobacco products by ensuring that tobacco products will not be supplied to persons under the age of [19] 21.
2 Access to and Use of Tobacco Products; Definitions. Amend RSA 126-K:2, XI to read as follows:
XI. "Tobacco product'' means any product containing tobacco including, but not limited to, cigarettes, smoking tobacco, cigars, chewing tobacco, snuff, pipe tobacco, smokeless tobacco, and smokeless cigarettes. Tobacco product shall not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the federal Food, Drug, and Cosmetic Act.
3 Access to and Use of Tobacco Products; Proof of Age of Purchaser. Amend the introductory paragraph of RSA 126-K:3, I to read as follows:
I. For the purposes of this chapter, any person responsible for monitoring sales from a tobacco vending machine or any person making the sale of tobacco products, e-cigarettes, or liquid nicotine which vending machine or other sale is to be made to any person who does not appear to be at least [19] 21 years of age, shall require the purchaser to furnish any of the following documentation that such person is [19] 21 years of age or over:
4 Access to and Use of Tobacco Products; Proof of Age of Purchaser. Amend RSA 126-K:3, III to read as follows:
III. The establishment of all of the following facts by a person responsible for monitoring sales from a vending machine or a person or sampler making a sale or distribution of tobacco products, e-cigarettes, or liquid nicotine to a person under [19] 21 years of age shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:
(a) That the person falsely represented in writing and supported by some official documents that the person was [19] 21 years of age or older;
(b) That the appearance of the person was such that an ordinary and prudent person would believe such person to be at least [19] 21 years of age or older; and
(c) That the sale was made in good faith relying on such written representation and appearance in the reasonable belief that the person was actually [19] 21 years of age or over.
5 Access to and Use of Tobacco Products; Sale and Distribution. Amend the section heading and paragraph I of RSA 126-K:4 to read as follows:
126-K:4 Sale and Distribution of Tobacco Products, E-cigarettes, or Liquid Nicotine to Persons Who Have Not Attained [19] 21 years of Age Prohibited.
I. No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, or liquid nicotine to a person who has not attained [19] 21 years of age. The prohibition established by this paragraph shall not be deemed to prohibit persons who have not attained [19] 21 years of age employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or liquid nicotine during the duration of their employment.
6 Access to and Use of Tobacco Products; Rolling Papers. Amend RSA 126-K:4-a, II to read as follows:
126-K:4-a Rolling Papers.
II. No person under [19] 21 years of age shall purchase, possess, or use any rolling paper. Any person who violates this section shall be guilty of a violation and shall be punished by a fine not to exceed $100 for each offense.
7 Access and Use of Tobacco Products; Distribution of Free Samples. Amend RSA 126-K:5, I and II to read as follows:
I. No person may distribute or offer to distribute samples of tobacco products, e-cigarettes, or liquid nicotine in a public place or to a person who has not attained [19] 21 years of age. This prohibition shall not apply to sampling:
(a) In an area to which minors are denied access.
(b) In a store to which a retailer's license has been issued.
(c) At factory sites, construction sites, conventions, trade shows, fairs, or motorsport facilities in areas to which minors are denied access.
II. The commission shall adopt rules, pursuant to RSA 541-A, concerning the distribution of free samples of tobacco products, e-cigarettes, or liquid nicotine to prevent their distribution to persons who have not attained [19] 21 years of age.
8 Access to and Use of Tobacco Products; Possession and Use of Tobacco Products, E-Cigarettes, or Liquid Nicotine. Amend RSA 126-K:6 to read as follows:
126-K:6 Possession and Use of Tobacco Products, E-cigarettes, or Liquid Nicotine by Persons Who Have Not Attained [19] 21 years of age.
I. No person under [19] 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, or liquid nicotine.
II. The prohibition on possession of tobacco products, e-cigarettes, or liquid nicotine shall not be deemed to prohibit minors employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the