Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 352-H.F.No. 1773 
           An act relating to consumer protection; regulating the 
          distribution of tobacco products; providing remedies; 
          clarifying a definition; amending Minnesota Statutes 
          1984, section 609.685, subdivision 1; proposing coding 
          for new law in Minnesota Statutes, chapter 325F. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [325F.76] [DEFINITIONS.] 
    Subdivision 1.  [TERMS.] For the purposes of sections 1 to 
3, the terms defined in this section have the meanings given 
them. 
    Subd. 2.  [CHEWING TOBACCO.] "Chewing tobacco" means loose 
tobacco or a flat compressed cake of tobacco that is inserted 
into the mouth. 
    Subd. 3.  [DISTRIBUTE.] "Distribute" means to give products 
to the general public at no cost or at nominal cost for product 
promotional purposes. 
    Subd. 4.  [PACKAGE.] "Package" means a pack, box, or 
container of any kind in which a smokeless tobacco product is 
offered for sale, sold, or otherwise distributed. 
    Subd. 5.  [PERSON.] "Person" means any individual, 
partnership, corporation, or other business or legal entity. 
    Subd. 6.  [SMOKELESS TOBACCO.] "Smokeless tobacco" means 
chewing tobacco or tobacco snuff. 
    Subd. 7.  [TOBACCO SNUFF.] "Tobacco snuff" means a small 
amount of shredded, powdered, or pulverized tobacco that may be 
inhaled through the nostrils, chewed, or held in the mouth of an 
individual user. 
    Sec. 2.  [325F.77] [PROMOTIONAL DISTRIBUTION.] 
    Subdivision 1.  [SMOKELESS TOBACCO.] No person shall 
distribute any smokeless tobacco product. 
    Subd. 2.  [TOBACCO SUITABLE FOR SMOKING.] No person shall 
distribute cigarettes, cigars, pipe tobacco or other tobacco 
products suitable for smoking to individuals under the age of 
18.  The person distributing the cigarettes, cigars, pipe 
tobacco, or other tobacco product must verify the individual's 
age prior to any distribution.  Proof of age may be established 
only by a valid driver's license or Minnesota identification 
card or in the case of a foreign national by a valid passport. 
    This subdivision does not prohibit a local unit of 
government from further restricting or prohibiting the 
distribution of tobacco products. 
    Sec. 3.  [325F.78] [REMEDIES.] 
    The attorney general may institute a civil action in the 
name of the state of Minnesota in the district court for an 
injunction prohibiting any violation of section 2.  The court, 
upon notice to the defendant of not less than five days, and 
upon proof that defendant has engaged in the practice prohibited 
by section 2, may enjoin the future commission of the practice.  
The court may impose a civil penalty in an amount not to exceed 
$5,000 for each violation.  The attorney general may recover 
costs and disbursements, including costs of investigation and 
reasonable attorneys fees. 
    Sec. 4.  Minnesota Statutes 1984, section 609.685, 
subdivision 1, is amended to read: 
    609.685 [SALE OF TOBACCO TO CHILDREN.] 
    Subdivision 1.  [DEFINITION.] [DEFINITIONS.] For the 
purposes of this section, the following terms shall have the 
meanings respectively ascribed to them in this section. 
    (a) "Tobacco" means cigarettes; cigars; cheroots; stogies; 
perique; granulated, plug cut, crimp cut, ready rubbed, and 
other smoking tobacco; snuff; snuff flour; cavendish; plug and 
twist tobacco; fine cut and other chewing tobaccos; shorts; 
refuse scraps, clippings, cuttings and sweepings of tobacco; and 
other kinds and forms of tobacco, prepared in such manner as to 
be suitable for chewing or smoking in a pipe or other 
tobacco-related devices.  
    (b) "Tobacco related devices" means cigarette papers or 
pipes for smoking. 
    Sec. 5.  [SEVERABLE PROVISIONS.] 
    If any provision of sections 1 to 4 is found to be 
unconstitutional and void, the remaining provisions of sections 
1 to 4 shall remain valid. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective June 1, 1986. 
    Approved March 19, 1986