January 15, 2019, Introduced by Reps. Brann, Hoadley, Vaupel, Sabo, Calley, Wittenberg and Pagan and referred to the Committee on Regulatory Reform.
A bill to amend 1915 PA 31, entitled
"Youth tobacco act,"
by amending the title and sections 1, 2a, and 4 (MCL 722.641,
722.642a, and 722.644), the title and sections 1 and 4 as amended
by 2006 PA 236 and section 2a as added by 1992 PA 272, and by
adding section 3a; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
An act to prohibit the selling, giving, or furnishing of
products and tobacco
paraphernalia to minors;
purchase, possession, or use of tobacco products by minors; to
regulate the retail sale of tobacco products and tobacco
paraphernalia; to prescribe penalties;
and to prescribe
and duties of certain state agencies and departments; and to
provide for the powers and duties of certain state and local
Sec. 1. (1) A person shall not sell, give, or furnish a
tobacco product or tobacco paraphernalia to a minor. A person who
this subsection is
guilty of responsible
for a misdemeanor
by a state civil infraction
and may be ordered to pay a
civil fine of not less than $1,000.00 or more than $2,500.00 for
the first violation, and not less than $2,500.00 or more than
for each violation.$5,000.00
for a second or subsequent
violation occurring within 24 months after a previous violation of
A Subject to subsection
(3), a person who that sells
products or tobacco paraphernalia at retail shall post
place close to the point of sale and conspicuous to both
and customers, a sign produced by
the department of
health and human services that includes the following
purchase sale of a tobacco products by a minor product or
paraphernalia to an individual who is under
18 21 years of
and the provision of tobacco products to a minor are is
A minor unlawfully purchasing or using tobacco
is subject to criminal penalties.".
If the A person that sells
tobacco products or tobacco
paraphernalia at retail shall ensure that the sign required under
is more than 6 feet from the point of sale, it shall
is posted in a place that is within 6 feet of each point of sale,
is unobstructed, and is conspicuous to both employees and
customers. The sign required under subsection (2) must be 5-1/2
inches by 8-1/2 inches, and the statement required under subsection
shall must be printed in 36-point boldfaced type. If the
under subsection (2) is 6 feet or less from the point of
it shall be 2 inches by 4 inches and the statement required
subsection (2) shall be printed in 20-point boldfaced type.
The department of
community health and human services
shall produce the sign required under subsection (2) and have
adequate copies of the sign ready for distribution to licensed
wholesalers, secondary wholesalers, and unclassified acquirers of
tobacco products free of charge. Licensed wholesalers, secondary
wholesalers, and unclassified acquirers of tobacco products shall
copies of the sign from the department of
and human services and distribute them free of charge, upon
who that are subject to subsection (2). The
community health and
human services shall provide
copies of the sign free of charge, upon request, to persons subject
who that do not purchase their supply of tobacco
products from wholesalers, secondary wholesalers, and unclassified
acquirers of tobacco products licensed under the tobacco products
tax act, 1993 PA 327, MCL 205.421 to 205.436.
It is an affirmative defense to a
charge citation issued
subsection (1) that the defendant
had in force at the time of
and continues to have in force a written policy to prevent
sale of tobacco products to persons under 18 years of age and
the defendant enforced and continues to enforce the policy.
demanded, was shown, and reasonably relied on a government-issued
photographic identification that established that the individual
was at least 21 years of age before the defendant sold, gave, or
furnished the tobacco product or tobacco paraphernalia to the
individual. A defendant who proposes to offer evidence of the
defense described in this subsection shall file
a written notice of the defense , in writing, upon with the
court and serve a copy of the notice on the prosecuting attorney.
defendant shall file and serve
shall be served not
than 14 days before the hearing date.
set for trial.
(6) A prosecuting attorney who proposes to offer testimony to
rebut the affirmative defense described in subsection (5) shall
and serve a written notice of rebuttal , in writing, upon with
the court and serve a copy of the notice on the defendant. The
attorney shall file and serve the notice
not less than 7 days before the hearing date
set for trial
contain include in
the notice the name and address of
each rebuttal witness.
(7) Subsection (1) does not apply to the handling or
transportation of a tobacco product or tobacco paraphernalia by a
minor under the terms of that minor's employment.
Except as otherwise provided in subsection (2), a
who that sells
tobacco products or tobacco
at retail shall not sell a cigarette separately from its package.
Subsection (1) does not apply to a person who sells
products at retail in a tobacco specialty retail store or
retail store that deals exclusively in the sale of tobacco
and smoking paraphernalia.
A person who that violates
subsection (1) is guilty of
by a fine of not more than $500.00 for
Sec. 3a. A city, township, village, county, other local unit
of government, or political subdivision of this state may adopt an
ordinance or a regulation that regulates the sale of tobacco
products or tobacco paraphernalia in a manner that is as
restrictive or more restrictive than this act.
Sec. 4. As used in this act:
(a) "Electronic device" means a product that delivers nicotine
or another similar substance that is intended for human consumption
and that can be used by an individual to simulate smoking through
inhalation of vapor or aerosol from the product. Electronic device
includes, but is not limited to, an electronic cigarette, an
electronic cigar, an electronic pipe, or an electronic hookah.
(b) "Government-issued photographic identification" means a
document that includes a photograph and the date of birth of an
individual that is issued by a federal, state, or local unit of
government, or a political subdivision or agency of a federal,
state, or local unit of government.
(a) "Minor" means an individual under 18 who is less than
21 years of age.
(d) "Person" means an individual, firm, partnership, limited
partnership, association, limited liability company, corporation,
or other legal entity.
(b) "Person who that sells
tobacco products or tobacco
paraphernalia at retail" means a person whose ordinary course of
business consists, in whole or in part, of the retail sale of
tobacco products or tobacco paraphernalia subject to state sales
"Public place" means a public street, sidewalk, or park or
area open to the general public in a publicly owned or operated
or public place of business.
(f) "Tobacco paraphernalia" means an item designed or marketed
for the consumption, use, or preparation of a tobacco product.
(d) "Tobacco product" means a product that
contains or is
made or derived from tobacco or nicotine and that is intended for
smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means. Tobacco product includes, but is not limited to,
noncigarette smoking tobacco, or smokeless tobacco, as
terms are defined in section 2 of the tobacco products tax
1993 PA 327, MCL 205.422, and cigars, little cigars, chewing
tobacco, pipe tobacco, shisha, snuff, or an electronic device.
Tobacco product includes a component, part, or accessory of a
tobacco product regardless of whether the component, part, or
accessory is sold separately. Tobacco product does not include a
product specifically approved by the United States Food and Drug
Administration for sale as a tobacco cessation product that is
being marketed and sold solely for the approved purpose.
"Use a tobacco product" means to smoke, chew, suck,
or otherwise consume a tobacco product.
Enacting section 1. Section 2 of the youth tobacco act, 1915
PA 31, MCL 722.642, is repealed.
Enacting section 2. This amendatory act takes effect 180 days
after the date it is enacted into law.