HF 4634

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:44pm

A bill for an act
relating to tobacco retailers; requiring tobacco retailers to offer for sale at least
one type of nicotine replacement therapy product; proposing coding for new law
in Minnesota Statutes, chapter 461.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [461.185] TOBACCO RETAILERS; NICOTINE REPLACEMENT
THERAPY PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Cigar shop" means a retail establishment in which the only tobacco and
tobacco-related devices available for sale are cigars and cigar accessories, including lighters,
cigar cutters, humidors, and cigar carrying tubes. An establishment shall be considered a
cigar shop for purposes of this section even if the establishment offers for retail sale other
products that are not tobacco or tobacco-related devices.
new text end

new text begin (c) "Electronic delivery device" has the meaning given in section 609.685, subdivision
1.
new text end

new text begin (d) "Nicotine replacement therapy product" means a nicotine replacement therapy drug,
device, or combination product that has been approved by the federal Food and Drug
Administration for the cessation of tobacco use.
new text end

new text begin (e) "Tobacco" has the meaning given in section 609.685, subdivision 1.
new text end

new text begin (f) "Tobacco-related devices" has the meaning given in section 609.685, subdivision 1.
new text end

new text begin (g) "Tobacco retailer" means an individual or entity licensed according to section 461.12
to engage in the retail sale of tobacco, tobacco-related devices, and electronic delivery
devices.
new text end

new text begin Subd. 2. new text end

new text begin Nicotine replacement therapy products offered for sale. new text end

new text begin Except as provided
in subdivision 5, a tobacco retailer that sells or offers for sale any tobacco, tobacco-related
devices, or electronic delivery devices must maintain a stock of, and offer for retail sale, at
least one type of nicotine replacement therapy product. Each tobacco retailer has the authority
to determine:
new text end

new text begin (1) whether the tobacco retailer will stock and offer for sale more than one type of
nicotine replacement therapy product;
new text end

new text begin (2) the number and type of nicotine replacement therapy products the tobacco retailer
stocks and offers for sale; and
new text end

new text begin (3) the quantity of each nicotine replacement therapy product the tobacco retailer stocks
and offers for sale.
new text end

new text begin Subd. 3. new text end

new text begin Restocking. new text end

new text begin A tobacco retailer that is subject to subdivision 2 and that sells
out of the tobacco retailer's entire stock of nicotine replacement therapy products must:
new text end

new text begin (1) within five business days after the date the tobacco retailer sells its last nicotine
replacement therapy product, place an order for a new stock of a nicotine replacement
therapy product; and
new text end

new text begin (2) within 14 calendar days after the date the tobacco retailer sells its last nicotine
replacement therapy product, again stock and offer for retail sale a nicotine replacement
therapy product.
new text end

new text begin Subd. 4. new text end

new text begin Display and notice. new text end

new text begin (a) A tobacco retailer that is subject to subdivision 2 must:
new text end

new text begin (1) display the nicotine replacement therapy products that it offers for retail sale behind
a checkout counter where the public is not permitted;
new text end

new text begin (2) provide printed notice within the tobacco retailer's establishment that nicotine
replacement therapy products are available for retail sale at that location; and
new text end

new text begin (3) display the official logo, telephone number, and internet address for the tobacco
cessation program administered by or under contract with the commissioner of health under
section 144.397.
new text end

new text begin (b) The commissioner of health may establish requirements for how the materials required
under paragraph (a), clauses (2) and (3), must be displayed, and for the size and other
characteristics of the notice required under paragraph (a), clause (2).
new text end

new text begin Subd. 5. new text end

new text begin Exception. new text end

new text begin Subdivisions 2 to 4 do not apply to cigar shops.
new text end