HF 2448

as introduced - 94th Legislature (2025 - 2026) Posted on 03/17/2025 03:00pm

A bill for an act
relating to local government; prohibiting local units of government from banning
sales of flavored tobacco products; amending Minnesota Statutes 2024, section
461.19.

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

Section 1.

Minnesota Statutes 2024, section 461.19, is amended to read:

461.19 deleted text begin EFFECT ON deleted text end LOCAL deleted text begin ORDINANCE; NOTICE deleted text end new text begin RESTRICTIONS 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) "Electronic delivery device" has the meaning given in section 609.685, subdivision
1.
new text end

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

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

new text begin (f) "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 Local ordinance; notice. new text end

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, and nicotine and lobelia new text begin delivery new text end products. A governing
body new text begin of a county, home rule charter or statutory city, or town new text end 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 Subd. 3. new text end

new text begin Flavored product ban prohibited. new text end

new text begin Notwithstanding any law, rule, or ordinance
to the contrary, the governing body of a county, home rule charter or statutory city, or town
may not impose a ban on sales of flavored products, nor provide by ordinance a restrictive
regulation of flavored products such that no flavored products may be sold within the
boundaries of the county, home rule charter or statutory city, or town.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end