May 2, 2017, Introduced by Reps. Yanez, Hoadley, Sowerby, Ellison, LaGrand, Elder, Robinson, Cochran, Garrett, Moss, Hammoud and Gay-Dagnogo and referred to the Committee on Regulatory Reform.
A bill to amend 1915 PA 31, entitled
"Youth tobacco act,"
by amending section 4 (MCL 722.644), as amended by 2006 PA 236, and
by adding section 2b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2b. (1) A person shall not sell in this state an
electronic smoking device unless the electronic smoking device is
packaged in a child-resistant container that meets the requirements
of the poison prevention packaging act of 1970, 15 USC 1471 to
1477, and of 16 CFR part 1700.
(2) A person who violates subsection (1) is guilty of a
misdemeanor punishable by a fine of not more than $50.00 for the
first violation and not more than $500.00 for a second or
subsequent violation.
Sec. 4. As used in this act:
(a) "Electronic smoking device" means that term as defined in
section 2 of the tobacco products tax act, 1993 PA 327, MCL
205.422.
(b) (a)
"Minor" means an
individual under who is
less than 18
years of age.
(c) (b)
"Person who sells tobacco
products at retail" means a
person whose ordinary course of business consists, in whole or in
part, of the retail sale of tobacco products subject to state sales
tax.
(d) (c)
"Public place" means a
public street, sidewalk, or
park or any area open to the general public in a publicly owned or
operated building or public place of business.
(e) (d)
"Tobacco product" means a
product that contains
tobacco and is intended for human consumption, including, but not
limited to, cigarettes, noncigarette smoking tobacco, or smokeless
tobacco, as those terms are defined in section 2 of the tobacco
products tax act, 1993 PA 327, MCL 205.422, and cigars.
(f) (e)
"Use a tobacco product"
means to smoke, chew, suck,
inhale, or otherwise consume a tobacco product.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4578 (request no.
01761'17) of the 99th Legislature is enacted into law.