1.1 	A bill for an act
1.2 	relating to health; regulating e-cigarettes, nicotine and lobelia delivery products;
1.3 	amending Minnesota Statutes 2012, sections 144.414, by adding a subdivision; 
1.4 	144.4165; 461.12; 461.18; 461.19; 609.685; 609.6855.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2012, section 144.414, is amended by adding a 
1.7 	subdivision to read:
1.8 		Subd. 5.Electronic cigarettes. In any indoor building owned by the state and 
1.9 	under the direction of the commissioner of the Department of Administration, the use of 
1.10 	an electronic cigarette, including the inhaling or exhaling of vapor from any electronic 
1.11 	delivery device, as defined in section 609.685, subdivision 1, is prohibited in the same 
1.12 	way the use of tobacco cigarettes is prohibited under subdivision 1.

1.13 	Sec. 2. Minnesota Statutes 2012, section 144.4165, is amended to read:
1.14 	144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
1.15 	No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco 
1.16 	product, or inhale or exhale vapor from an electronic delivery device, as defined in section 
1.17 	609.685, subdivision 1, in a public school, as defined in section 120A.05, subdivisions 9, 
1.18 	11, and 13. This prohibition extends to all facilities, whether owned, rented, or leased, and 
1.19 	all vehicles that a school district owns, leases, rents, contracts for, or controls. Nothing 
1.20 	in this section shall prohibit the lighting of tobacco by an adult as a part of a traditional 
1.21 	Indian spiritual or cultural ceremony. For purposes of this section, an Indian is a person 
1.22 	who is a member of an Indian tribe as defined in section 260.755 subdivision 12.

2.1 	Sec. 3. Minnesota Statutes 2012, section 461.12, is amended to read:
2.2 	461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO, 
2.3 	TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
2.4 		Subdivision 1.Authorization. A town board or the governing body of a home 
2.5 	rule charter or statutory city may license and regulate the retail sale of tobacco and,
2.6 	 tobacco-related devices, and electronic delivery devices as defined in section 609.685, 
2.7 	subdivision 1, and nicotine and lobelia delivery products as described in section 609.6855, 
2.8 	and establish a license fee for sales to recover the estimated cost of enforcing this chapter. 
2.9 	The county board shall license and regulate the sale of tobacco and, tobacco-related 
2.10 	devices, electronic delivery devices, and nicotine and lobelia products in unorganized 
2.11 	territory of the county except on the State Fairgrounds and in a town or a home rule charter 
2.12 	or statutory city if the town or city does not license and regulate retail sales of tobacco 
2.13 	sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
2.14 	delivery products. The State Agricultural Society shall license and regulate the sale of 
2.15 	tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia 
2.16 	delivery products on the State Fairgrounds. Retail establishments licensed by a town or 
2.17 	city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and 
2.18 	lobelia delivery products are not required to obtain a second license for the same location 
2.19 	under the licensing ordinance of the county.
2.20 		Subd. 2.Administrative penalties; licensees. If a licensee or employee of a 
2.21 	licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine 
2.22 	or lobelia delivery products to a person under the age of 18 years, or violates any other 
2.23 	provision of this chapter, the licensee shall be charged an administrative penalty of $75. 
2.24 	An administrative penalty of $200 must be imposed for a second violation at the same 
2.25 	location within 24 months after the initial violation. For a third violation at the same 
2.26 	location within 24 months after the initial violation, an administrative penalty of $250 
2.27 	must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices, 
2.28 	electronic delivery devices, or nicotine or lobelia delivery products at that location must be 
2.29 	suspended for not less than seven days. No suspension or penalty may take effect until the 
2.30 	licensee has received notice, served personally or by mail, of the alleged violation and an 
2.31 	opportunity for a hearing before a person authorized by the licensing authority to conduct 
2.32 	the hearing. A decision that a violation has occurred must be in writing.
2.33 		Subd. 3.Administrative penalty; individuals. An individual who sells tobacco 
2.34 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
2.35 	products to a person under the age of 18 years must be charged an administrative penalty 
2.36 	of $50. No penalty may be imposed until the individual has received notice, served 
3.1 	personally or by mail, of the alleged violation and an opportunity for a hearing before a 
3.2 	person authorized by the licensing authority to conduct the hearing. A decision that a 
3.3 	violation has occurred must be in writing.
3.4 		Subd. 4.Minors. The licensing authority shall consult with interested educators, 
3.5 	parents, children, and representatives of the court system to develop alternative penalties 
3.6 	for minors who purchase, possess, and consume tobacco or, tobacco-related devices, 
3.7 	electronic delivery devices, or nicotine or lobelia delivery products. The licensing 
3.8 	authority and the interested persons shall consider a variety of options, including, but 
3.9 	not limited to, tobacco free education programs, notice to schools, parents, community 
3.10 	service, and other court diversion programs.
3.11 		Subd. 5.Compliance checks. A licensing authority shall conduct unannounced 
3.12 	compliance checks at least once each calendar year at each location where tobacco is, 
3.13 	tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products 
3.14 	are sold to test compliance with section sections 609.685 and 609.6855. Compliance 
3.15 	checks must involve minors over the age of 15, but under the age of 18, who, with the prior 
3.16 	written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related 
3.17 	devices, electronic delivery devices, or nicotine or lobelia delivery products under the 
3.18 	direct supervision of a law enforcement officer or an employee of the licensing authority.
3.19 		Subd. 6.Defense. It is an affirmative defense to the charge of selling tobacco 
3.20 	or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery 
3.21 	products to a person under the age of 18 years in violation of subdivision 2 or 3 that the 
3.22 	licensee or individual making the sale relied in good faith upon proof of age as described 
3.23 	in section 340A.503, subdivision 6.
3.24 		Subd. 7.Judicial review. Any person aggrieved by a decision under subdivision 
3.25 	2 or 3 may have the decision reviewed in the district court in the same manner and 
3.26 	procedure as provided in section 462.361.
3.27 		Subd. 8.Notice to commissioner. The licensing authority under this section shall, 
3.28 	within 30 days of the issuance of a license, inform the commissioner of revenue of the 
3.29 	licensee's name, address, trade name, and the effective and expiration dates of the license. 
3.30 	The commissioner of revenue must also be informed of a license renewal, transfer, 
3.31 	cancellation, suspension, or revocation during the license period.

3.32 	Sec. 4. Minnesota Statutes 2012, section 461.18, is amended to read:
3.33 	461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
3.34 		Subdivision 1.Except in adult-only facilities. (a) No person shall offer for sale 
3.35 	tobacco or tobacco-related devices, or electronic delivery devices as defined in section 
4.1 	609.685, subdivision 1, or nicotine or lobelia delivery products as described in section 
4.2 	609.6855, in open displays which are accessible to the public without the intervention 
4.3 	of a store employee.
4.4 	(b) [Expired August 28, 1997]
4.5 	(c) [Expired]
4.6 	(d) This subdivision shall not apply to retail stores which derive at least 90 percent 
4.7 	of their revenue from tobacco and tobacco-related products devices and where the retailer 
4.8 	ensures that no person younger than 18 years of age is present, or permitted to enter, at 
4.9 	any time.
4.10 		Subd. 2.Vending machine sales prohibited. No person shall sell tobacco products, 
4.11 	electronic delivery devices, or nicotine or lobelia delivery products from vending 
4.12 	machines. This subdivision does not apply to vending machines in facilities that cannot be 
4.13 	entered at any time by persons younger than 18 years of age.
4.14 		Subd. 3.Federal regulations for cartons, multipacks. Code of Federal 
4.15 	Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons 
4.16 	and other multipack units.

4.17 	Sec. 5. Minnesota Statutes 2012, section 461.19, is amended to read:
4.18 	461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
4.19 	Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more 
4.20 	restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery 
4.21 	devices, and nicotine and lobelia products. A governing body shall give notice of its 
4.22 	intention to consider adoption or substantial amendment of any local ordinance required 
4.23 	under section 461.12 or permitted under this section. The governing body shall take 
4.24 	reasonable steps to send notice by mail at least 30 days prior to the meeting to the last 
4.25 	known address of each licensee or person required to hold a license under section 461.12. 
4.26 	The notice shall state the time, place, and date of the meeting and the subject matter of 
4.27 	the proposed ordinance.

4.28 	Sec. 6. Minnesota Statutes 2012, section 609.685, is amended to read:
4.29 	609.685 SALE OF TOBACCO TO CHILDREN.
4.30 		Subdivision 1.Definitions. For the purposes of this section, the following terms 
4.31 	shall have the meanings respectively ascribed to them in this section.
4.32 	(a) "Tobacco" means cigarettes and any product containing, made, or derived from 
4.33 	tobacco that is intended for human consumption, whether chewed, smoked, absorbed, 
4.34 	dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, 
5.1 	part, or accessory of a tobacco product; including but not limited to cigars; cheroots; 
5.2 	stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; 
5.3 	snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; 
5.4 	shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and 
5.5 	forms of tobacco. Tobacco excludes any tobacco product that has been approved by the 
5.6 	United States Food and Drug Administration for sale as a tobacco-cessation product, as a 
5.7 	tobacco-dependence product, or for other medical purposes, and is being marketed and 
5.8 	sold solely for such an approved purpose.
5.9 	(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or 
5.10 	other devices intentionally designed or intended to be used in a manner which enables 
5.11 	the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. 
5.12 	Tobacco-related devices include components of tobacco-related devices which may be 
5.13 	marketed or sold separately.
5.14 	(c) "Electronic delivery device" means any product containing or delivering nicotine, 
5.15 	lobelia, or any other substance intended for human consumption that can be used by a 
5.16 	person to simulate smoking in the delivery of nicotine or any other substance through 
5.17 	inhalation of vapor from the product. Electronic delivery device includes any component 
5.18 	part of a product, whether or not marketed or sold separately. Electronic delivery device 
5.19 	does not include any product that has been approved or certified by the United States Food 
5.20 	and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence 
5.21 	product, or for other medical purposes, and is marketed and sold for such an approved 
5.22 	purpose.
5.23 		Subd. 1a.Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or 
5.24 	electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor 
5.25 	for the first violation. Whoever violates this subdivision a subsequent time within five 
5.26 	years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
5.27 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
5.28 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
5.29 	relied on proof of age as described in section 340A.503, subdivision 6.
5.30 		Subd. 2.Other offenses. (a) Whoever furnishes tobacco or, tobacco-related 
5.31 	devices, or electronic delivery devices to a person under the age of 18 years is guilty of a 
5.32 	misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is 
5.33 	guilty of a gross misdemeanor.
5.34 	(b) A person under the age of 18 years who purchases or attempts to purchase 
5.35 	tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's 
6.1 	license, permit, Minnesota identification card, or any type of false identification to 
6.2 	misrepresent the person's age, is guilty of a misdemeanor.
6.3 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivision 2, 
6.4 	whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to 
6.5 	purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery 
6.6 	devices and is under the age of 18 years is guilty of a petty misdemeanor.
6.7 		Subd. 4.Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede 
6.8 	or preclude the continuation or adoption of any local ordinance which provides for more 
6.9 	stringent regulation of the subject matter in subdivisions 1 to 3.
6.10 		Subd. 5.Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish 
6.11 	tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a 
6.12 	traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian 
6.13 	is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
6.14 	(b) The penalties in this section do not apply to a person under the age of 18 years 
6.15 	who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic 
6.16 	delivery devices while under the direct supervision of a responsible adult for training, 
6.17 	education, research, or enforcement purposes.
6.18 		Subd. 6.Seizure of false identification. A retailer may seize a form of identification 
6.19 	listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe 
6.20 	that the form of identification has been altered or falsified or is being used to violate any 
6.21 	law. A retailer that seizes a form of identification as authorized under this subdivision 
6.22 	shall deliver it to a law enforcement agency within 24 hours of seizing it.

6.23 	Sec. 7. Minnesota Statutes 2012, section 609.6855, is amended to read:
6.24 	609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
6.25 		Subdivision 1.Penalty to sell. (a) Whoever sells to a person under the age of 
6.26 	18 years a product containing or delivering nicotine or lobelia intended for human 
6.27 	consumption, or any part of such a product, that is not tobacco or an electronic delivery 
6.28 	device as defined by section 609.685, is guilty of a misdemeanor for the first violation. 
6.29 	Whoever violates this subdivision a subsequent time within five years of a previous 
6.30 	conviction under this subdivision is guilty of a gross misdemeanor.
6.31 	(b) It is an affirmative defense to a charge under this subdivision if the defendant 
6.32 	proves by a preponderance of the evidence that the defendant reasonably and in good faith 
6.33 	relied on proof of age as described in section 340A.503, subdivision 6.
6.34 	(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or 
6.35 	lobelia intended for human consumption, or any part of such a product, that is not tobacco
7.1 	 or an electronic delivery device as defined by section 609.685, may be sold to persons 
7.2 	under the age of 18 if the product has been approved or otherwise certified for legal sale 
7.3 	by the United States Food and Drug Administration for tobacco use cessation, harm 
7.4 	reduction, or for other medical purposes, and is being marketed and sold solely for that 
7.5 	approved purpose.
7.6 		Subd. 2.Other offense. A person under the age of 18 years who purchases or 
7.7 	attempts to purchase a product containing or delivering nicotine or lobelia intended for 
7.8 	human consumption, or any part of such a product, that is not tobacco or an electronic 
7.9 	delivery device as defined by section 609.685, and who uses a driver's license, permit, 
7.10 	Minnesota identification card, or any type of false identification to misrepresent the 
7.11 	person's age, is guilty of a misdemeanor.
7.12 		Subd. 3.Petty misdemeanor. Except as otherwise provided in subdivisions 1 and 
7.13 	2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase 
7.14 	a product containing or delivering nicotine or lobelia intended for human consumption, or 
7.15 	any part of such a product, that is not tobacco or an electronic delivery device as defined 
7.16 	by section 609.685, is guilty of a petty misdemeanor.