SB 810 — Use of Tobacco Products and Nicotine Products

Florida Senate - 2020 CS for CS for SB 810 By the CommitteesCommittee on Innovation,Health Industry,Policy; and Technology;

and HealthSenator Policy;Simmons 588-02402-20 2020810c1 A bill to be entitled An act relating to tobacco and nicotine products;

and Senators Simmons and Flores 580-03009-20 2020810c2 A bill to be entitled An act relating to tobacco and nicotine products;

defining the term “vapor-generating electronic device”;

amending s.

210.095, F.S.;

conforming provisions to federal law;

making technical changes;

210.095, 569.0075, 569.008, 569.11, 569.12, 569.14, and 569.19, F.S.;

2625 Be It Enacted by the Legislature of the State of Florida:

2827 Section 1. Paragraph (b) of subsection (1) of section 210.15, Florida Statutes, is amended to read:

or (b) Any component,vapor-generating part,electronic ordevice accessoryand ofany asubstances productthat describedmay inbe paragraphaerosolized (a), whether or notvaporized anyby ofsuch thesedevice, containwhether tobacco or nicotine, including, but not limitedthe to,substance filters,contains rollingnicotine; papers, blunt or hemp wraps, and pipes.

63or The(c) Any termcomponent, doespart, not include drugs, devices, or combinationaccessory productsof authorizeda forproduct saledescribed by the United States Food and Drug Administration, as those terms are defined in theparagraph Federal(a) Food,or Drug,paragraph and(b), Cosmeticwhether Actor loosenot tobaccoany leaves,of andthese productscontain made from tobacco leaves, in whole or innicotine, part,including, andbut cigarettenot wrappers,limited whichto, canfilters, berolling usedpapers, forblunt smoking,or sniffing,hemp orwraps, chewing.and pipes.

(7) “Any65 personThe underterm does not include drugs, devices, or combination products authorized for sale by the ageUnited ofStates 18”Food doesand notDrug includeAdministration, anyas personthose underterms are defined in the ageFederal ofFood, 18Drug, who:and Cosmetic Act loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing.

(7) “Vapor-generating electronic device” means any product that employs an electronic, chemical, or mechanical means capable of producing vapor or aerosol from a nicotine product or any other substance, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product;

any replacement cartridge for such device;

and any other container of nicotine in a solution or other substance form intended to be used with or within an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, a vape pen, an electronic hookah, or other similar device or product.

The term includes any component, part, or accessory of the device and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance contains nicotine.

87 The term does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act “Any person under the age of 18” does not include any person under the age of 18 who:

Section 8. Paragraphs (a) and (b) of subsection (5) and paragraphs (e) and (g) of subsection (8) of section 210.095, Florida Statutes, are amended to read:

174194 If the person accepting a purchase order for a delivery sale delivers the tobacco products without using a delivery service, the person must comply with all of the requirements of this section which apply to a delivery service.

(8) (e) A person who, in connection with a delivery sale, delivers tobacco products on behalf of a delivery service to an individual who is not an adult commits a misdemeanor of the second third degree, punishable as provided in s.

775.082 or s.

775.083.

(g) An individual who is not an adult and who knowingly violates any provision of this section commits a misdemeanor of the second third degree, punishable as provided in s.

775.082 or s.

775.083.

250260 Any second or subsequent violation not within the 12-week period after the first violation is punishable as provided for a first violation.

269279 Any second or subsequent violation not within the 12-week period after the first violation is punishable as provided for a first violation.

340350 THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 21 18 IS AGAINST FLORIDA LAW.

344354 (2) A dealer that sells tobacco products and nicotine products or nicotine dispensing devices, as defined in s.

348358 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW.

353363 A dealer that uses a sign as described in this subsection meets the signage requirements of subsection (1) and s.

366376 IF YOU WERE NOT BORN BEFORE THIS DATE (insert date and applicable year) YOU CANNOT BUY TOBACCO PRODUCTS.

370380 Upon approval by the division, in lieu of a calendar a dealer may use card readers, scanners, or other electronic or automated systems that can verify whether a person is of legal age to purchase tobacco products.

Section 15. This act shall take effect October 1, 2020, if SB 1394___ or similar legislation is adopted in the same legislative session or an extension thereof and becomes a law.