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Minnesota Legislature

Office of the Revisor of Statutes

SF 1135

as introduced - 89th Legislature (2015 - 2016) Posted on 02/27/2015 09:21am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
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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
new text beginor heated new text endcigar, cigarette, pipe, or any other deleted text beginlighteddeleted text end tobacco or plant productnew text begin, or inhaling
or exhaling aerosol or vapor from any electronic delivery device, as defined in section
609.685
new text end. Smoking also includes deleted text begincarryingdeleted text endnew text begin holdingnew text end a lighted new text beginor heated new text endcigar, cigarette,
pipe, or any other deleted text beginlighteddeleted text end tobacco or plant product intended for inhalationnew text begin or holding an
activated electronic delivery device intended for inhalation
new text end.

Sec. 2.

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


Subd. 4.

Tobacco products shop.

new text begin(a) new text endSections 144.414 to 144.417 do not prohibit
the lighting of tobacco new text beginor the use of an electronic delivery device, as defined in section
609.685,
new text endin a tobacco products shop by a customer new text beginonly new text endor potential customer for the
specificnew text begin, limitednew text end purpose of sampling tobacco productsnew text begin or electronic delivery devices,
except as specified in paragraph (b)
new text end. For the purposes of this subdivision, a tobacco
products shop is deleted text beginadeleted text endnew text begin an adult-onlynew text end retail establishment with an entrance door opening directly
to the outside that derives more than 90 percent of its gross revenue from the sale ofnew text begin:new text end loose
tobacco, plants, deleted text beginordeleted text end herbs deleted text beginanddeleted text endnew text begin,new text end cigars, cigarettes, pipes, deleted text beginanddeleted text end other smoking devices for
burning tobacco and related smoking accessoriesnew text begin,new text end andnew text begin electronic delivery devices,new text end in which
the sale of other products is merely incidental. "Tobacco products shop" does not include
a tobacco new text beginor electronic delivery device new text enddepartment or section of any individual business
establishment with any type of liquor, food, or restaurant license.new text begin No person under the age
of 18 shall be present at or permitted to enter a tobacco products shop at any time.
new text end

new text begin (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.
new text end