HF 1253

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 08:44am

A bill for an act
relating to health; prohibiting use of electronic delivery devices in certain
places; allowing sampling of vapor from electronic delivery devices; amending
Minnesota Statutes 2014, sections 144.413, subdivision 4; 144.4167, subdivision
4.

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

Section 1.

Minnesota Statutes 2014, section 144.413, subdivision 4, is amended to read:

Subd. 4.

Smoking.

"Smoking" means inhaling or exhaling smoke from any lighted
or heated cigar, cigarette, pipe, or any other lighted tobacco or plant product, or inhaling
or exhaling aerosol or vapor from any electronic delivery device, as defined in section
609.685. Smoking also includes carrying holding a lighted or heated cigar, cigarette,
pipe, or any other lighted tobacco or plant product intended for inhalation or holding an
activated electronic delivery device intended for inhalation.

Sec. 2.

Minnesota Statutes 2014, section 144.4167, subdivision 4, is amended to read:

Subd. 4.

Tobacco products shop.

(a) Sections 144.414 to 144.417 do not prohibit
the lighting of tobacco or the use of an electronic delivery device, as defined in section
609.685, in a tobacco products shop by a customer only or potential customer for the
specific, limited purpose of sampling tobacco products or electronic delivery devices,
except as specified in paragraph (b). For the purposes of this subdivision, a tobacco
products shop is a an adult-only retail establishment with an entrance door opening directly
to the outside that derives more than 90 percent of its gross revenue from the sale of: loose
tobacco, plants, or herbs and, cigars, cigarettes, pipes, and other smoking devices for
burning tobacco and related smoking accessories, and electronic delivery devices, in which
the sale of other products is merely incidental. "Tobacco products shop" does not include
a tobacco or electronic delivery device department or section of any individual business
establishment with any type of liquor, food, or restaurant license. No person under the age
of 18 shall be present at or permitted to enter a tobacco products shop at any time.

(b) No customer, potential customer, or any other person may light any tobacco or
activate or otherwise use any electronic delivery device in a tobacco products shop unless
that tobacco or electronic delivery device is provided directly to the customer or potential
customer by the retailer at the time, at no cost to the customer or potential customer
without expectation of payment for the specific purpose of sampling.