GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 435
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Short Title: Raise Minimum Age to Access Tobacco Products. |
(Public) |
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Sponsors: |
Representatives Murphy, Bert Jones, Lambeth, and Grange (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Rules, Calendar, and Operations of the House |
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March 23, 2017
A BILL TO BE ENTITLED
AN ACT gradually raising the minimum age for persons not serving on active duty in the united states armed forces fROM EIGHTEEN TO TWENTY‑ONE FOR THE PURCHASE OR RECEIPT OF TOBACCO PRODUCTS, TOBACCO‑DERIVED PRODUCTS, VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 14‑313 reads as rewritten:
"§ 14‑313. Youth access to tobacco products, tobacco‑derived products, vapor products, and cigarette wrapping papers.
(a) Definitions. – The following definitions apply in this section:
(1) Active duty. – Full‑time duty in the active military service of the United States, including service by members of the reserve component (National Guard and Reserve) while serving under published orders for active duty or full‑time training. The term does not include service by members of the reserve component (National Guard and Reserve) who are performing active duty or active duty for training under military calls or orders specifying periods of less than 31 calendar days.
(1a) Armed Forces. – Includes all components of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard.
(1b) Distribute. – To sell, furnish, give, or provide tobacco products, including tobacco product samples or cigarette wrapping papers, to the ultimate consumer.
(2) Proof of age. – A drivers license or other photographic identification that includes the bearer's date of birth that purports to establish that the person is 18 years of age or older.
…
(b) Sale or distribution to
persons under the age of 18 years. – If any person shall distribute, or aid,
assist, or abet any other person in distributing tobacco products or cigarette
wrapping papers to any person under the age of 18 years,born on or
after January 1, 2000, or if any person shall purchase tobacco products or
cigarette wrapping papers on behalf of a person under the age of 18 years,born
on or after January 1, 2000, the person shall be guilty of a Class 2
misdemeanor; provided, however, that it shall not be unlawful to (i) distribute
tobacco products or cigarette wrapping papers to an employee when required in
the performance of the employee's duties.duties or (ii) sell or
distribute tobacco products or cigarette wrapping papers to a person born on or
after January 1, 2000, who is serving on active duty in the Armed Forces.
Retail distributors of tobacco products shall prominently display near the
point of sale a sign in letters at least five‑eighths of an inch high
which states the following:
FOR THE PERIOD BEGINNING JANUARY 1, 2018,
AND ENDING DECEMBER 31, 2020,
N.C. LAW STRICTLY PROHIBITS
THE PURCHASE OF TOBACCO PRODUCTS, TOBACCO‑DERIVED PRODUCTS, VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS
BY PERSONS UNDER THE AGE OF 18.BORN ON OR AFTER
JANUARY 1, 2000.
PROOF OF AGE REQUIRED.
Failure to post the required sign shall be an infraction punishable by a fine of twenty‑five dollars ($25.00) for the first offense and seventy‑five dollars ($75.00) for each succeeding offense.
A person engaged in the sale of
tobacco products or cigarette wrapping papers shall demand proof of age or
proof of active duty in the Armed Forces from a prospective purchaser if
the person has reasonable grounds to believe that the prospective purchaser is
under 18 years of age.was born on or after January 1, 2000. Failure
to demand proof of age or proof of active duty in the Armed Forces as
required by this subsection is a Class 2 misdemeanor if in fact the prospective
purchaser is under 18 years of age.was born on or after January 1,
2000, and is not serving on active duty in the Armed Forces. Retail
distributors of tobacco products or cigarette wrapping papers shall train their
sales employees in the requirements of this law. Proof of any of the following
shall be a defense to any action brought under this subsection:
(1) The defendant demanded, was shown, and reasonably relied upon proof of age or proof of active duty in the Armed Forces in the case of a retailer, or any other documentary or written evidence of age or active duty in the Armed Forces in the case of a nonretailer.
(2) The defendant relied on the electronic system established and operated by the Division of Motor Vehicles pursuant to G.S. 20‑37.02.
(3) The defendant relied on a biometric identification system that demonstrated (i) the purchaser's age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller's agent a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport showing the purchaser's date of birth and bearing a physical description of the person named on the card.
(b1) Distribution of tobacco
products. – Tobacco products shall not be distributed in vending machines;
provided, however, vending machines distributing tobacco products are permitted
(i) in any establishment which is open only to persons 18 years of age and
older; (ii) in any establishment which is open only to persons serving on
active duty in the Armed Forces; or (ii)(iii) in any
establishment if the vending machine is under the continuous control of the
owner or licensee of the premises or an employee thereof and can be operated
only upon activation by the owner, licensee, or employee prior to each purchase
and the vending machine is not accessible to the public when the establishment
is closed. The owner, licensee, or employee shall demand proof of age or
proof of active duty in the Armed Forces from a prospective purchaser if
the person has reasonable grounds to believe that the prospective purchaser is
under 18 years of age. was born on or after January 1, 2000. Failure
to demand proof of age or proof of active duty in the Armed Forces as
required by this subsection is a Class 2 misdemeanor if in fact the prospective
purchaser is under 18 years of age.was born on or after January 1,
2000, and is not serving on active duty in the Armed Forces. Proof that the
defendant demanded, was shown, and reasonably relied upon proof of age or
proof of active duty in the Armed Forces shall be a defense to any action
brought under this subsection. Vending machines distributing tobacco products
in establishments not meeting the above conditions shall be removed prior to
December 1, 1997. Vending machines distributing tobacco‑derived products,
vapor products, or components of vapor products in establishments not meeting
the above conditions shall be removed prior to August 1, 2013. Any person
distributing tobacco products through vending machines in violation of this
subsection shall be guilty of a Class 2 misdemeanor.
(b2) Internet distribution of
tobacco products. – A person engaged in the distribution of tobacco products
through the Internet or other remote sales methods shall perform an age or
active duty verification through an independent, third‑party age verification
service that compares information available from public records to the personal
information entered by the individual during the ordering process to establish
that the individual ordering the tobacco products is 18 years of age or older.older,
or is serving on active duty in the Armed Forces.
(c) Purchase by persons under
the age of 18 years.born on or after January 1, 2000. – If any
person under the age of 18 yearsborn on or after January 1, 2000,
purchases or accepts receipt, or attempts to purchase or accept receipt, of
tobacco products or cigarette wrapping papers, or presents or offers to any
person any purported proof of age which is false, fraudulent, or not actually
his or her own, for the purpose of purchasing or receiving any tobacco product
or cigarette wrapping papers, the person shall be guilty of a Class 2
misdemeanor; provided, however, that it shall not be unlawful for (i) an
employee to purchase or accept receipt of tobacco products or cigarette
wrapping papers when required in the performance of the employee's duties.duties
or (ii) a person serving on active duty in the Armed Forces to purchase or
accept receipt of tobacco products or cigarette wrapping papers.
(d) Sending or assisting a
person [less than] 18 yearsborn on or after January 1, 2000, to
purchase or receive tobacco products or cigarette wrapping papers. – If any
person shall send a person less than 18 years of ageborn on or after
January 1, 2000, to purchase, acquire, receive, or attempt to purchase,
acquire, or receive tobacco products or cigarette wrapping papers, or if any
person shall aid or abet a person who is less than 18 years of agewas
born on or after January 1, 2000, in purchasing, acquiring, or receiving or
attempting to purchase, acquire, or receive tobacco products or cigarette
wrapping papers, the person shall be guilty of a Class 2 misdemeanor; provided,
however, persons under the age of 18 born on or after January 1,
2000, may be enlisted by police or local sheriffs' departments to test
compliance if the testing is under the direct supervision of that law
enforcement department and written parental consent is provided; provided
further, that the Department of Health and Human Services shall have the
authority, pursuant to a written plan prepared by the Secretary of Health and
Human Services, to use persons under 18 years of ageborn on or after
January 1, 2000, in annual, random, unannounced inspections, provided that
prior written parental consent is given for the involvement of these persons
and that the inspections are conducted for the sole purpose of preparing a
scientifically and methodologically valid statistical study of the extent of
success the State has achieved in reducing the availability of tobacco products
to persons under the age of 18,born on or after January 1, 2000,
and preparing any report to the extent required by section 1926 of the federal
Public Health Service Act (42 USC § 300x‑26).
…."
SECTION 1.(b) Subsection (a) of this section becomes effective January 1, 2018, and expires on December 31, 2020.
SECTION 2.(a) G.S. 14‑313, as amended by subsection (a) of Section 1 of this act, reads as rewritten:
"§ 14‑313. Youth access to tobacco products, tobacco‑derived products, vapor products, and cigarette wrapping papers.
(a) Definitions. – The following definitions apply in this section:
(1) Active duty. – Full‑time duty in the active military service of the United States, including service by members of the reserve component (National Guard and Reserve) while serving under published orders for active duty or full‑time training. The term does not include service by members of the reserve component (National Guard and Reserve) who are performing active duty or active duty for training under military calls or orders specifying periods of less than 31 calendar days.
(1a) Armed Forces. – Includes all components of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard.
(1b) Distribute. – To sell, furnish, give, or provide tobacco products, including tobacco product samples or cigarette wrapping papers, to the ultimate consumer.
(2) Proof of age. – A drivers license or other photographic identification that includes the bearer's date of birth that purports to establish that the person is 18 years of age or older.
…
(b) Sale or distribution to
persons under the age of 18 21 years. – If any person shall
distribute, or aid, assist, or abet any other person in distributing tobacco
products or cigarette wrapping papers to any person born on or after January
1, 2000,under the age of 21, or if any person shall purchase tobacco
products or cigarette wrapping papers on behalf of a person born on or after
January 1, 2000,under the age of 21, the person shall be guilty of a
Class 2 misdemeanor; provided, however, that it shall not be unlawful to (i)
distribute tobacco products or cigarette wrapping papers to an employee when
required in the performance of the employee's duties or (ii) sell or distribute
tobacco products or cigarette wrapping papers to a person born on or after
January 1, 2000,under the age of 21 who is serving on active duty in
the Armed Forces. Retail distributors of tobacco products shall prominently
display near the point of sale a sign in letters at least five‑eighths of
an inch high which states the following:
FOR THE PERIOD BEGINNING JANUARY 1, 2018,
AND ENDING DECEMBER 31, 2020,
EFFECTIVE JANUARY 1, 2021,
N.C. LAW STRICTLY PROHIBITS
THE PURCHASE OF TOBACCO PRODUCTS, TOBACCO‑DERIVED PRODUCTS, VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS
BY PERSONS BORN ON OR AFTER JANUARY 1, 2000.UNDER
21 YEARS OF AGE.
PROOF OF AGE REQUIRED.
Failure to post the required sign shall be an infraction punishable by a fine of twenty‑five dollars ($25.00) for the first offense and seventy‑five dollars ($75.00) for each succeeding offense.
A person engaged in the sale of
tobacco products or cigarette wrapping papers shall demand proof of age or
proof of active duty in the Armed Forces from a prospective purchaser if the
person has reasonable grounds to believe that the prospective purchaser was
born on or after January 1, 2000.is under 21 years of age. Failure
to demand proof of age or proof of active duty in the Armed Forces as required
by this subsection is a Class 2 misdemeanor if in fact the prospective
purchaser was born on or after January 1, 2000,is under 21 years of
age and is not serving on active duty in the Armed Forces. Retail
distributors of tobacco products or cigarette wrapping papers shall train their
sales employees in the requirements of this law. Proof of any of the following
shall be a defense to any action brought under this subsection:
(1) The defendant demanded, was shown, and reasonably relied upon proof of age or proof of active duty in the Armed Forces in the case of a retailer, or any other documentary or written evidence of age or active duty in the Armed Forces in the case of a nonretailer.
(2) The defendant relied on the electronic system established and operated by the Division of Motor Vehicles pursuant to G.S. 20‑37.02.
(3) The defendant relied on a biometric identification system that demonstrated (i) the purchaser's age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller's agent a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport showing the purchaser's date of birth and bearing a physical description of the person named on the card.
(b1) Distribution of tobacco
products. – Tobacco products shall not be distributed in vending machines;
provided, however, vending machines distributing tobacco products are permitted
(i) in any establishment which is open only to persons 18 21 years
of age and older; (ii) in any establishment which is open only to persons
serving on active duty in the Armed Forces; or (iii) in any establishment if
the vending machine is under the continuous control of the owner or licensee of
the premises or an employee thereof and can be operated only upon activation by
the owner, licensee, or employee prior to each purchase and the vending machine
is not accessible to the public when the establishment is closed. The owner,
licensee, or employee shall demand proof of age or proof of active duty in the
Armed Forces from a prospective purchaser if the person has reasonable grounds
to believe that the prospective purchaser was born on or after January 1,
2000.is under 21 years of age. Failure to demand proof of age or
proof of active duty in the Armed Forces as required by this subsection is a
Class 2 misdemeanor if in fact the prospective purchaser was born on or
after January 1, 2000,is under 21 years of age, and is not serving
on active duty in the Armed Forces. Proof that the defendant demanded, was
shown, and reasonably relied upon proof of age or proof of active duty in the
Armed Forces shall be a defense to any action brought under this subsection.
Vending machines distributing tobacco products in establishments not meeting
the above conditions shall be removed prior to December 1, 1997. Vending
machines distributing tobacco‑derived products, vapor products, or
components of vapor products in establishments not meeting the above conditions
shall be removed prior to August 1, 2013. Any person distributing tobacco
products through vending machines in violation of this subsection shall be
guilty of a Class 2 misdemeanor.
(b2) Internet distribution of
tobacco products. – A person engaged in the distribution of tobacco products
through the Internet or other remote sales methods shall perform an age or
active duty verification through an independent, third‑party verification
service that compares information available from public records to the personal
information entered by the individual during the ordering process to establish
that the individual ordering the tobacco products is 18 21 years
of age or older, or is serving on active duty in the Armed Forces.
(c) Purchase by persons born
on or after January 1, 2000.under 21 years of age. – If any person born
on or after January 1, 2000,under 21 years of age purchases or
accepts receipt, or attempts to purchase or accept receipt, of tobacco products
or cigarette wrapping papers, or presents or offers to any person any purported
proof of age which is false, fraudulent, or not actually his or her own, for
the purpose of purchasing or receiving any tobacco product or cigarette wrapping
papers, the person shall be guilty of a Class 2 misdemeanor; provided, however,
that it shall not be unlawful for (i) an employee to purchase or accept receipt
of tobacco products or cigarette wrapping papers when required in the
performance of the employee's duties or (ii) a person serving on active duty in
the Armed Forces to purchase or accept receipt of tobacco products or cigarette
wrapping papers.
(d) Sending or assisting a
person born on or after January 1, 2000,under 21 years of age to
purchase or receive tobacco products or cigarette wrapping papers. – If any
person shall send a person born on or after January 1, 2000,under 21
years of age to purchase, acquire, receive, or attempt to purchase,
acquire, or receive tobacco products or cigarette wrapping papers, or if any
person shall aid or abet a person who was born on or after January 1, 2000,under
21 years of age in purchasing, acquiring, or receiving or attempting to
purchase, acquire, or receive tobacco products or cigarette wrapping papers,
the person shall be guilty of a Class 2 misdemeanor; provided, however, persons
born on or after January 1, 2000,under 21 years of age may be
enlisted by police or local sheriffs' departments to test compliance if the
testing is under the direct supervision of that law enforcement department and
written parental consent is provided; provided further, that the Department of
Health and Human Services shall have the authority, pursuant to a written plan
prepared by the Secretary of Health and Human Services, to use persons born
on or after January 1, 2000,under 21 years of age in annual, random,
unannounced inspections, provided that prior written parental consent is given
for the involvement of these persons and that the inspections are conducted for
the sole purpose of preparing a scientifically and methodologically valid
statistical study of the extent of success the State has achieved in reducing
the availability of tobacco products to persons born on or after January 1,
2000,under 21 years of age and preparing any report to the extent
required by section 1926 of the federal Public Health Service Act (42 USC §
300x‑26).
…."
SECTION 2.(b) Subsection (a) of this section becomes effective January 1, 2021.
SECTION 3. Except as otherwise provided, this act is effective when it becomes law.