HF 3032

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/12/2020 04:01pm

A bill for an act
relating to health; prohibiting the sale or furnishing of flavored products; modifying
administrative penalties for selling or furnishing certain devices or products;
providing for alternative civil penalties for certain persons under age 21 who sell
or distribute flavored products; providing criminal penalties; amending Minnesota
Statutes 2018, sections 461.12, subdivisions 2, 3, 4; 461.19; proposing coding for
new law in Minnesota Statutes, chapter 609.

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

Section 1.

Minnesota Statutes 2018, section 461.12, subdivision 2, is amended to read:

Subd. 2.

Administrative penalties new text begin for sales and furnishing new text end ; licensees.

If a licensee or
employee of a licensee new text begin offers, new text end sells new text begin , gives, or otherwise furnishes new text end tobacco, tobacco-related
devices, electronic delivery devices, or nicotine or lobelia delivery products to a person
under the age of 18 years deleted text begin , deleted text end new text begin ; offers, sells, gives, or otherwise furnishes flavored products as
defined in section 609.6857, subdivision 1, to a person; new text end or violates any other provision of
this chapter, the licensee shall be charged an administrative penalty of deleted text begin $75 deleted text end new text begin $300 for the first
violation new text end . An administrative penalty of deleted text begin $200 deleted text end new text begin $600 new text end must be imposed for a second violation
at the same location within deleted text begin 24 deleted text end new text begin 36 new text end months after the initial violation. For a third violation new text begin or
subsequent violation new text end at the same location within deleted text begin 24 deleted text end new text begin 36 new text end months after the initial violation, an
administrative penalty of deleted text begin $250 deleted text end new text begin $1,000 new text end must be imposed, and the licensee's authority to sell
tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
products at that location must be suspended for not less than seven days new text begin and may be revoked new text end .
No suspension new text begin , revocation, new text end or new text begin other new text end penalty may take effect until the licensee has received
notice, served personally or by mail, of the alleged violation and an opportunity for a hearing
before a person authorized by the licensing authority to conduct the hearing. A decision
that a violation has occurred must be in writing. new text begin Administrative penalties for the offer, sale,
gift, or furnishing of flavored products shall be calculated on a per item and per transaction
basis and may be assessed cumulatively.
new text end

Sec. 2.

Minnesota Statutes 2018, section 461.12, subdivision 3, is amended to read:

Subd. 3.

Administrative penalty new text begin for sales and furnishing new text end ; individuals.

An individual
who new text begin offers, new text end sells new text begin , gives, or otherwise furnishes new text end tobacco, tobacco-related devices, electronic
delivery devices, or nicotine or lobelia delivery products to a person under the age of 18
years deleted text begin must deleted text end new text begin ; or offers, sells, gives, or otherwise furnishes flavored products as defined in
section 609.6857, subdivision 1, to a person may new text end be charged an administrative penalty of
$50. No penalty may be imposed until the individual has received notice, served personally
or by mail, of the alleged violation and an opportunity for a hearing before a person
authorized by the licensing authority to conduct the hearing. A decision that a violation has
occurred must be in writing. new text begin Administrative penalties for the offer, sale, gift, or furnishing
of flavored products shall be calculated on a per item and per transaction basis and may be
assessed cumulatively.
new text end

Sec. 3.

Minnesota Statutes 2018, section 461.12, subdivision 4, is amended to read:

Subd. 4.

Minors.

The licensing authority shall consult with interested educators, parents,
children, and representatives of the court system to develop alternative penalties for minors
who purchase, possess, and consume tobacco, tobacco-related devices, electronic delivery
devices, deleted text begin or deleted text end nicotine or lobelia delivery products new text begin , or flavored products new text end . The licensing authority
and the interested persons shall consider a variety of options, including, but not limited to,
tobacco new text begin - new text end free education programs, notice to schools, new text begin notice to new text end parents new text begin or guardians new text end , community
service, and other court diversion programs.

Sec. 4.

Minnesota Statutes 2018, section 461.19, is amended to read:

461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.

Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more
restrictive regulation of sales of tobacco, tobacco-related devices, electronic delivery devices,
deleted text begin and deleted text end nicotine deleted text begin and deleted text end new text begin or new text end lobelia new text begin delivery new text end products new text begin , and flavored products new text end . A governing body
shall give notice of its intention to consider adoption or substantial amendment of any local
ordinance required under section 461.12 or permitted under this section. The governing
body shall take reasonable steps to send notice by mail at least 30 days prior to the meeting
to the last known address of each licensee or person required to hold a license under section
461.12. The notice shall state the time, place, and date of the meeting and the subject matter
of the proposed ordinance.

Sec. 5.

new text begin [609.6857] SALE OR FURNISHING OF FLAVORED PRODUCTS
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

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

new text begin (c) "Flavored product" means any tobacco, tobacco-related device, electronic delivery
device, or nicotine or lobelia delivery product that imparts a taste or smell, other than the
taste or smell of tobacco, that is distinguishable by an ordinary consumer prior to or during
consumption of the product, including but not limited to the taste or smell of chocolate,
cocoa, fruit, honey, menthol, mint, vanilla, wintergreen, or any candy, dessert, alcoholic
beverage, herb, or spice.
new text end

new text begin (d) "Licensee" means an individual or entity licensed according to chapter 461 to engage
in the retail sale of tobacco, tobacco-related devices, electronic delivery devices, or nicotine
or lobelia delivery products.
new text end

new text begin (e) "Nicotine or lobelia delivery product" means a product described in section 609.6855.
new text end

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

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

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No person shall offer, sell, give, or otherwise furnish any flavored
product to a person.
new text end

new text begin Subd. 3. new text end

new text begin Presumption that tobacco, product, or device is a flavored product. new text end

new text begin There
shall be a rebuttable presumption that tobacco, a tobacco-related device, an electronic
delivery device, or a nicotine or lobelia delivery product is a flavored product if a licensee;
an employee or agent of a licensee; a manufacturer of tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products; or an employee or agent
of such a manufacturer:
new text end

new text begin (1) makes a public statement or claim that the tobacco, tobacco-related device, electronic
delivery device, or nicotine or lobelia delivery product imparts a taste or smell other than
the taste or smell of tobacco; or
new text end

new text begin (2) uses text, images, or coloring on the label or packaging of the tobacco, tobacco-related
device, electronic delivery device, or nicotine or lobelia delivery product to explicitly or
implicitly indicate that the tobacco, tobacco-related device, electronic delivery device, or
nicotine or lobelia delivery product imparts a taste or smell other than the taste or smell of
tobacco.
new text end

new text begin Subd. 4. new text end

new text begin Penalties. new text end

new text begin (a) Any person 21 years of age or older who offers, sells, gives, or
otherwise furnishes a flavored product to a person is guilty of a misdemeanor for the first
violation. Whoever violates this paragraph a second or subsequent time within five years
after a previous conviction under this paragraph is guilty of a gross misdemeanor.
new text end

new text begin (b) A person under 21 years of age who offers, sells, gives, or otherwise furnishes a
flavored product to a person shall only be subject to an alternative civil penalty established
according to this paragraph. Law enforcement and court system representatives shall consult,
as applicable, with interested persons, including but not limited to parents, guardians,
educators, and persons under 21 years of age, to develop alternative civil penalties for
persons under 21 years of age who violate this section. Consulting participants shall consider
a variety of alternative civil penalties, including but not limited to tobacco-free education
programs, community service, court diversion programs, and tobacco-cessation programs.
For a person under 18 years of age, consulting participants shall also consider notice to
schools and notice to parents or guardians. Alternative civil penalties developed under this
paragraph shall not include fines or monetary penalties.
new text end

new text begin (c) Each offer, sale, gift, or furnishing of a flavored product to a person shall constitute
a separate violation.
new text end

new text begin Subd. 5. new text end

new text begin Effect on local ordinances. new text end

new text begin Nothing in subdivisions 1 to 4 shall supersede or
preclude the continuation or adoption of any local ordinance that provides for more stringent
regulation of the subject matter in subdivisions 1 to 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end