HF 904

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 06:33pm

A bill for an act
relating to health; prohibiting the sale or offer for sale of flavored products;
authorizing penalties; amending Minnesota Statutes 2020, sections 461.12,
subdivision 2; 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.

Minnesota Statutes 2020, section 461.12, subdivision 2, is amended to read:

Subd. 2.

Administrative penalties for sales and furnishing; licensees.

If a licensee or
employee new text begin or agent new text end of a licensee sells, gives, or otherwise furnishes tobacco, tobacco-related
devices, electronic delivery devices, or nicotine or lobelia delivery products to a person
under the age of 21 years deleted text begin , deleted text end new text begin ; sells or offers for sale any flavored products, as defined in section
461.23, 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 $300 for the first violation. An administrative
penalty of $600 must be imposed for a second violation at the same location within 36
months after the initial violation. For a third or any subsequent violation at the same location
within 36 months after the initial violation, an administrative penalty of $1,000 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 and may be revoked. No suspension, revocation, or other 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 sale or offer for sale 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 2020, section 461.19, is amended to read:

461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.

Sections 461.12 to 461.18 new text begin and 461.23 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 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 , or 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. 3.

new text begin [461.23] SALE 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) "Consumer" means an individual who purchases, receives, or possesses tobacco, a
tobacco-related device, an electronic delivery device, or a nicotine or lobelia delivery product
for personal consumption and not for resale.
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) "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 (e) "Licensee" means an individual or entity licensed according to section 461.12 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 (f) "Nicotine or lobelia delivery product" means a product described in section 609.6855.
new text end

new text begin (g) "Out-of-state retailer" means an individual or entity engaged outside of this state in
the business of selling or offering for sale tobacco, tobacco-related devices, electronic
delivery devices, or nicotine or lobelia delivery products to a consumer in this state by
means of a telephonic or other method of voice transmission, United States mail or any
other delivery service, or the Internet or other online service.
new text end

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

new text begin (i) "Tobacco-related device" has the meaning given in 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 licensee, employee or agent of a licensee, or out-of-state retailer
shall sell or offer for sale any flavored product to any consumer in this state.
new text end

new text begin Subd. 3. new text end

new text begin Presumption that tobacco, device, or product 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 the
manufacturer of the tobacco, tobacco-related device, electronic delivery device, or nicotine
or lobelia delivery product, 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) A licensee who violates this section is subject to administrative
penalties under section 461.12, subdivision 2.
new text end

new text begin (b) Any flavored product sold or offered for sale to a consumer in this state is contraband
under sections 297F.21 and 325F.781 and is subject to forfeiture, civil penalties, and
enforcement actions in accordance with sections 297F.21 and 325F.781, and other applicable
law.
new text end

new text begin (c) Each sale or offer for sale of a flavored product to a consumer in this state in violation
of this section shall constitute a separate violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to sales and
offers for sale occurring on or after that date.
new text end