AB 360 — Revises provisions relating to tobacco products. (BDR 32-864)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

360360–Assemblymen ASSEMBLYHafen; BILL NO .

360–ASSEMBLYMENand HHardy AFENCHAPTER.......... ;AND HARDY M ARCH 22, 2021 ____________ Referred to Committee on Revenue SUMMARY—Revises provisions relating to tobacco products.

(BDR 32-864) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to a child under the age of 18 selling,years. distributing or offering to sell cigarettes, cigarette paper or other tobacco products to a person under 40 years of age without first conducting age verification through enhanced controls to verify that the person is at least 18 years of age and imposes a civil penalty of $100 on a person who fails to do so.

(NRS 202.24935, 370.521) Section 5 of this bill prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to a person under 40 years of age without first conducting age verification through enhanced controls to verify that the person is at least 18 years of age and impSection 6 of this bill makes a conforming change.change.s to do so.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

SectionSections 1.1-4.

2.

(Deleted by amendment.) Sec.

3.

(Deleted by amendment.) Sec.

4.

(Deleted by amendment.) Sec.

Except as otherwise provided in subsections 2 and [3,] 4, a person shall not sell, distribute or offer to sell cigarettes, - *AB360_R1* – 2 – cigarette paper or other tobacco products to any child under the age of 18 years.

3.cigarette paper or other tobacco products to any person under 40arettes, - 81st Session (2021) – 2 – enhanced controls that utilize a scanning technology or otherh automated, software-based system to verify that the person is 18 years of age or older.

A person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system to verify that the person is 18 years of age or older.

If an employee or agent of a licensee has violated [this section:]sec(a) subsectionFor 1:the first and second violation within a 24-month period at the same premises, the licensee must be issued a warning.

(a) For the first and second violation within a 24-month period at the same premises, the licensee must be issued a warning.

- *AB360_R1* – 3 – [6.] 7.

(c)occurred;e The name of the establishment at which the violation occurred;(d) The signature of the person who issued the notice of infraction;

(d) The signature of the person who issued the notice of infraction;

and - 81st Session (2021) – 3 – (g) Such other pertinent information as the peace officer or person performing the inspection pursuant to NRS 202.2496 determines is necessary.

A notice of infraction issued pursuant to subsection [6] 7 or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts alleged in the notice.

202.24935distribute 1.cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to a child under the age of 18 years through the use of a computer network, telephonic network or other electronic network.

It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or - *AB360_R1* – 4 – alternative nicotine products to a child under the age of 18 years through the use of a computer network, telephonic network or other electronic network.

- 81st Session (2021) – 4 – (a) Ensure that the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or, if the items being shipped are not cigarettes, the words “tobacco products.” (b) Perform an age verification through an independent, third- party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes that the person is over the age of 18 years and use a method of mail, shipping or delivery that requires the signature of a person over the age of 18 years before the items are released to the purchaser, unless the person:

H~~~~~ 21 - *AB360_R1*81st Session (2021)