Minnesota Legislature
SF 1135
as introduced - 89th Legislature (2015 - 2016) Posted on 02/27/2015 09:21am
Current Version - as introduced
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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 begin or heated new text end cigar, cigarette, pipe, or any other deleted text begin lighteddeleted text end tobacco or plant productnew text begin , or inhaling
or exhaling aerosol or vapor from any electronic delivery device, as defined in section
609.685new text end . Smoking also includes deleted text begin carryingdeleted text end new text begin holdingnew text end a lighted new text begin or heated new text end cigar, cigarette,
pipe, or any other deleted text begin lighteddeleted text end tobacco or plant product intended for inhalationnew text begin or holding an
activated electronic delivery device intended for inhalationnew 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 end Sections 144.414 to 144.417 do not prohibit
the lighting of tobacco new text begin or the use of an electronic delivery device, as defined in section
609.685, new text end in a tobacco products shop by a customer new text begin only new text end or 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 begin adeleted text end new 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 begin ordeleted text end herbs deleted text begin anddeleted text end new text begin ,new text end cigars, cigarettes, pipes, deleted text begin anddeleted 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 begin or electronic delivery device new text end department 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