MODEL BILLS

Prohibition of E-cigarette Sales to Minors Act

Summary: E-cigarettes are battery-powered devices that are designed to mimic cigarettes by vaporizing a nicotine-laced liquid that is inhaled by the user. This act bans their sale to minors.

Source: The definition of “e-cigarettes” is based on Americans for Nonsmokers’ Rights model legislation, a comprehensive workplace and public places smoke-free law.

SECTION 1. SHORT TITLE

This Act shall be called the “Prohibition of E-cigarette Sales to Minors Act.”

SECTION 2. PURPOSE

This law is enacted to protect the health and safety of children and teenagers.

SECTION 3. PROHIBITION ON SALE OF E-CIGARETTES TO MINORS

After section XXX, the following new section XXX shall be inserted:

(A) Definition

“E-cigarette” means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.

(B) E-Cigarettes prohibited for sale to minors

1. A person may not sell, distribute, or offer for sale an e-cigarette to a minor.

2. A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each violation.

3. In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser’s or recipient’s driver’s license or other valid identification issued by an employer, government unit, or institution of higher education that positively identified the purchaser or recipient as at least 18 years of age.

SECTION 4. EFFECTIVE DATE

This law shall become effective on July 1, 20XX.