HF 5268

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:51pm

A bill for an act
relating to electronic delivery devices; prohibiting the sale or offer for sale of
disposable electronic delivery devices; proposing civil penalties; amending Minnesota Statutes 2022, section
461.19; 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 ACT TITLE.
new text end

new text begin This act shall be known as the Restricting Electronic Smoking Products to Improve and
Respect the Environment (RESPIRE) Act.
new text end

Sec. 2.

Minnesota Statutes 2022, section 461.19, is amended to read:

461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.

Sections 461.12 to 461.18 new text begin and 461.24 new text end 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 new text begin or new 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. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 3.

new text begin [461.24] SALE OF DISPOSABLE ELECTRONIC DELIVERY DEVICES
PROHIBITED.
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) "Disposable electronic delivery device" means an electronic delivery device as
defined in section 609.685, subdivision 1, paragraph (c), that has a fixed or embedded
battery, including an electronic delivery device containing a battery that is not easily
removable by the user. Disposable electronic delivery device does not include drugs, devices,
or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic
Act, that are authorized for sale by the United States Food and Drug Administration.
new text end

new text begin (c) "Distributor" means a person, whether located inside or outside of this state, other
than a retailer, who sells in this state, tobacco, tobacco-related devices, electronic delivery
devices, or nicotine or lobelia delivery products, as those terms are defined in section
609.685, subdivision 1, or described in section 609.6855.
new text end

new text begin (d) "Retailer" means a person, whether located inside or outside this state, who sells or
offers for sale to a consumer in this state, tobacco, tobacco-related devices, electronic
delivery devices, or nicotine or lobelia delivery products, as those terms are defined in
section 609.685, subdivision 1, or described in section 609.6855.
new text end

new text begin (e) "Sell" includes any transfer of title or possession, exchange, or barter, by any means,
including but not limited to transactions conducted via the Internet or other electronic
platforms.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No retailer or distributor shall sell or offer for sale in this state
any disposable electronic delivery device.
new text end

new text begin Subd. 3. new text end

new text begin Forfeiture. new text end

new text begin Any disposable electronic delivery device sold or offered for sale
in violation of subdivision 2 is deemed to be contraband and is subject to forfeiture in the
same manner as and in accordance with section 297F.21.
new text end

new text begin Subd. 4. new text end

new text begin Civil penalties. new text end

new text begin (a) A retailer or distributor who sells or offers for sale any
disposable electronic delivery device in violation of subdivision 2 is liable for a civil penalty:
new text end

new text begin (1) of up to $500 for a first violation and up to $2,000 for a subsequent violation for
each sale or offer for sale of a disposable electronic delivery device, if the total number sold
or offered for sale does not exceed 50 disposable electronic delivery devices; or
new text end

new text begin (2) of up to $1,000 for a first violation and up to $5,000 for a subsequent violation for
each sale or offer for sale of a disposable electronic delivery device, if the total number sold
or offered for sale exceeds 50 disposable electronic delivery devices.
new text end

new text begin (b) The licensing authority under section 461.12 may impose the civil penalties in
paragraph (a) on a retailer licensed according to section 461.12, who violates subdivision
2.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin In addition to any other remedy provided by law, the attorney
general may bring an action to enforce this section and may seek injunctive relief, fines,
penalties, and equitable relief, including enforcement costs relating to the specific violation
and attorney fees. In addition, a violation of this section is a violation of the Unlawful Trade
Practices Act, sections 325D.09 to 325D.16. Each violation of this section constitutes a
separate civil violation for which the licensing authority or attorney general may obtain
relief.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end