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HOUSE OF REPRESENTATIVES |
H.B. NO. |
587 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 709-908, Hawaii Revised Statutes, is amended to read as follows:
"§709-908
Tobacco products and electronic smoking devices [prohibited; minors.];
persons under twenty-one years of age.
(1)
[It] After July 1, 2015, it shall be unlawful to sell or furnish a
tobacco product in any shape or form[, including chewing tobacco and
snuff,] or an electronic smoking device to a [minor under eighteen] person
under twenty-one years of age.
(2)
[Signs] After July 1, 2015, signs using the statement, "The
sale of tobacco products or electronic smoking devices to persons under [eighteen]
twenty-one is prohibited", shall be posted on or near any vending
machine in letters at least one-half inch high and at or near the point of sale
of any other location where tobacco products or electronic smoking devices are
sold in letters at least one-half inch high.
(3)
It shall be unlawful for a [minor under eighteen] person under twenty-one
years of age to purchase any tobacco product[, as described under subsection
(1),] or [an] electronic smoking device, as [described under]
those terms are defined in subsection (5). This provision does not
apply if a person under the age of [eighteen,] twenty-one, with
parental authorization, is participating in a controlled purchase as part of a
law enforcement activity or a study authorized by the department of health
under the supervision of law enforcement to determine the level of incidence of
tobacco or electronic smoking devices sales to minors.
(4)
Any person who violates subsection (1) [or], (2), or both, shall
be fined $500 for the first offense. Any subsequent offenses shall subject the
person to a fine not less than $500 nor more than $2,000. Any [minor under
eighteen] person under twenty-one years of age who violates
subsection (3) shall be fined $10 for the first offense. Any subsequent
offense shall subject the violator to a fine of $50, no part of which shall be
suspended, or the person shall be required to perform not less than forty-eight
hours nor more than seventy-two hours of community service during hours when
the person is not employed and is not attending school.
(5) For the purposes of this section:
"Electronic
smoking device" means any electronic product that can be used to [simulate
smoking in the delivery of] aerosolize and deliver nicotine or other
substances to the person inhaling from the device, including but not limited to
an electronic cigarette, electronic cigar, electronic cigarillo, or electronic
pipe, and any cartridge or other component of the device or related product.
"Tobacco product" means any product made or derived from tobacco that contains nicotine or other substances and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by other means. "Tobacco product" includes but is not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2016.
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INTRODUCED BY: |
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Report Title:
Tobacco; Cigarettes; Minors; Tobacco Sales
Description:
Increases the minimum age for persons who may purchase tobacco products or electronic smoking devices from eighteen to twenty-one years of age. Amends the definition of "electronic smoking device" as used in section 709-908, Hawaii Revised States. Defines "tobacco products".
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.