SB 562

SALE OR DISTRIBUTION This bill generally prohibits a person from selling a vapor product in an establishment other than a retail vapor product store. However, it is lawful for (i) a vapor product containing a hemp-derived cannabinoid to be sold by a retailer an d (ii) for a retail establishment, other than a retail vapor product store, to sell a cartridge-based vapor product or vapor cartridge that is not flavored or that is a traditional cigarette flavor such as tobacco or menthol. For purposes of the Preventi on of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act , which includes all of the provisions described in this summary, a "retail vapor product store"" means a retail store that derives its largest category of sales from vapor products and acce ssories. This bill revises this definition to, instead, mean a retail store that sells vapor products and accessories and affirmatively permits access to its buildings or facilities at all times to only those persons who are 21 or older . Present law req uires a person engaged in the sale or distribution of tobacco, smoking hemp, vapor product, or smokeless nicotine product to demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under 30. This bill revises this provision to, instead, require proof of age from a prospective purchaser or recipient regardless of age or appearance of age. Additionally, a person engaged in the sale or dis tribution of vapor products at a retail vapor product store must demand proof of age from a person who enters the retail vapor product store as soon as practicable upon entering the building or facility regardless of age or appearance of age. REQUIRED PO STINGS Present law requires every person who sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail to post at the place of business a sign stating : STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO PRODUCTS, VAPOR PRODUCTS, SMOKELESS NICOTINE PRODUCTS, OR SMOKING PARAPHERNALIA TO PERSONS UNDER THE AGE OF 21 YEARS . This bill adds that such sign must also state: ""PROOF OF AGE IS REQUIRED."" This bill additionally requires each person who sells vapor products at a retail vapo r product store to post at the place of business a sign stating: STATE LAW STRICTLY PROHIBITS ENTRY OF PERSONS UNDER THE AGE OF 21 YEARS AT THIS PLACE OF BUSINESS. PROOF OF AGE IS REQUIRED UPON ENTRY. This bill authorizes a person required to post both notices to incorporate both into a single sign. VENDING MACHINE SALES Present law provides that it is unlawful for a person to sell tobacco, smoking hemp, vapor products, or smokeless nicotine products through a vending machine unless the vending machi ne is located in certain locations described by law. This bill removes vapor products from this provision. I n any place where supervision of a vending machine or operation by token is required in present law, present law requires the person responsible for that supervision or the sale of the token to demand proof of age from a prospective purchaser if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 30. This bill revises this provision to, instead, require proof of age from a prospective purchaser regardless of age or appearance of age. Additionally, this bill provides that it is unlawful for a person to sell vapor products through a vending machine unless the vending machin e is located in any of the following locations : (i) in areas of factories, businesses, offices, or other places that are not open to the public, (ii) in places that are open to the public but to which persons under 21 are denied access, (iii) in retail vapor product stores. However, a retail establishment that is not a retail vapor product store may sell cartridge-based vapor products or vapor cartridges that are not flavored or that are a traditional cigarette flavor through a vending machine if the machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, or the machine can be operated only by the use of a token purchased from the owner or lessee of the p r emises or an employee of the owner or lessee of the premises prior to each purchase, and is inaccessible to the public when the establishment is closed. PENALTIES Present law requires the owner or manager of a store that sells tobacco, smoking hemp, vap or products, or smokeless nicotine products at retail to provide training to the store's employees. As a part of this training, each employee must, prior to selling tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail, sign a st atement described in law saying the employee understands state law . This bill revises this statement to include an acknowledgment by the employee that the employee must obtain proof of age from a prospective purchaser of tobacco, smoking hemp, vapor produ cts, or smokeless nicotine products regardless of age or appearance of age, that state law prohibits entry of persons under 21 at this store, and that state law requires me to obtain proof of age as soon as practicable upon entry of the store from each per son regardless of age or appearance of age . If the commissioner of agriculture assesses a penalty against the store owner or manager, then this bill authorizes the owner or manager to present to the commissioner a copy of the statements described in this bill that were signed by the employee who made the sale or, where applicable, allowed the continued presence in the store of a person under 21, along with a sworn statement by the store owner or manager that the employee had signed the statement prior to the sale or incident, and the name and address of such employee . If the store owner or manager does not know which employee made the sale or, where applicable, allowed the continued presence of the person in the store, then the store owner or manager may present to the commissioner copies of the statements described in this bill that were signed by all employees working at the store on the day of the sale or incident, along with a sworn statement that these employees had signed those statements prior to th e sale or incident. If a store owner or manager presents to the commissioner the statements described in this bill, then this bill prohibits the penalty against the store owner or manager from being assessed if the violation is the first violation determ ined to have occurred at that store. However, if the violation is the second or subsequent violation, the commissioner must consider that evidence and any other evidence with respect to the amount of the penalty assessed against the store owner or manage r ."