1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for sale of tobacco.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Section 6305 heading and subsections (a), (a.1),
6(f) and (k) of Title 18 of the Pennsylvania Consolidated
7Statutes are amended to read:

8§ 6305. Sale of tobacco or e-cigarette.

9(a) Offense defined.--Except as set forth in subsection (f),
10a person is guilty of a summary offense if the person:

11(1) sells a tobacco product or an e-cigarette to any
12minor;

13(2) furnishes, by purchase, gift or other means, a
14tobacco product or e-cigarette to a minor;

15(4) locates or places a [tobacco] vending machine
16containing a tobacco product or an e-cigarette in a location

1accessible to minors;

2(5) displays or offers a cigarette for sale out of a
3pack of cigarettes; or

4(6) displays or offers for sale tobacco products or e-
5cigarettes in any manner which enables an individual other
6than the retailer or an employee of the retailer to
7physically handle tobacco products or e-cigarettes prior to
8purchase unless the tobacco products or e-cigarettes are
9located within the line of sight or under the control of a
10cashier or other employee during business hours, except that
11this paragraph shall not apply to retail stores which derive
1275% or more of sales revenues from tobacco products or e-
13cigarettes.

14(a.1) Purchase.--A minor is guilty of a summary offense if
15the minor:

16(1) purchases or attempts to purchase a tobacco product
17or an e-cigarette; or

18(2) knowingly falsely represents himself to be at least
1918 years of age to a person for the purpose of purchasing or
20receiving a tobacco product or an e-cigarette.

21* * *

22(f) Exceptions.--

23(1) The following affirmative defense is available:

24(i) It is an affirmative defense for a retailer to
25an offense under subsection (a)(1) and (2) that, prior to
26the date of the alleged violation, the retailer has
27complied with all of the following:

28(A) adopted and implemented a written policy
29against selling tobacco products or e-cigarettes to
30minors which includes:

1(I) a requirement that an employee ask an
2individual who appears to be 25 years of age or
3younger for a valid photoidentification as proof
4of age prior to making a sale of tobacco products
5or e-cigarettes;

6(II) a list of all types of acceptable
7photoidentification;

8(III) a list of factors to be examined in
9the photoidentification, including photo
10likeness, birth date, expiration date, bumps,
11tears or other damage and signature;

12(IV) a requirement that, if the
13photoidentification is missing any of the items
14listed in subclause (III), it is not valid and
15cannot be accepted as proof of age for the sale
16of tobacco products or e-cigarettes. A second
17photoidentification may be required to make the
18sale of tobacco products or e-cigarettes, with
19questions referred to the manager; and

20(V) a disciplinary policy which includes
21employee counseling and suspension for failure to
22require valid photoidentification and dismissal
23for repeat improper sales.

24(B) informed all employees selling tobacco
25products or e-cigarettes through an established
26training program of the applicable Federal and State
27laws regarding the sale of tobacco products or e-
28cigarettes to minors;

29(C) documented employee training indicating that
30all employees selling tobacco products or e-

1cigarettes have been informed of and understand the
2written policy referred to in clause (A);

3(D) trained all employees selling tobacco
4products or e-cigarettes to verify that the purchaser
5is at least 18 years of age before selling tobacco
6products or e-cigarettes;

7(E) conspicuously posted a notice that selling
8tobacco products or e-cigarettes to a minor is
9illegal, that the purchase of tobacco products or e-
10cigarettes by a minor is illegal and that a violator
11is subject to penalties; and

12(F) established and implemented disciplinary
13sanctions for noncompliance with the policy under
14clause (A).

15(ii) An affirmative defense under this paragraph
16must be proved by a preponderance of the evidence.

17(iii) An affirmative defense under this paragraph
18may be used by a retailer no more than three times at
19each retail location during any 24-month period.

20(2) No more than one violation of subsection (a) per
21person arises out of separate incidents which take place in a
2224-hour period.

23(3) It is not a violation of subsection (a.1)(1) for a
24minor to purchase or attempt to purchase a tobacco product or 
25an e-cigarette if all of the following apply:

26(i) The minor is at least 14 years of age.

27(ii) The minor is an employee, volunteer or an
28intern with:

29(A) a State or local law enforcement agency;

30(B) the Department of Health or a primary

1contractor pursuant to Chapter 7 of the act of June 
226, 2001 (P.L.755, No.77), known as the Tobacco
3Settlement Act;

4(C) a single county authority created pursuant
5to the act of April 14, 1972 (P.L.221, No.63), known
6as the Pennsylvania Drug and Alcohol Abuse Control
7Act;

8(D) a county or municipal health department; or

9(E) a retailer.

10(iii) The minor is acting within the scope of
11assigned duties as part of an authorized investigation,
12compliance check under subsection (g) or retailer-
13organized self-compliance check.

14(iv) A minor shall not use or consume a tobacco
15product or an e-cigarette.

16* * *

17(k) Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this
19subsection:

20"Cigarette." A roll for smoking made wholly or in part of
21tobacco, irrespective of size or shape and whether or not the
22tobacco is flavored, adulterated or mixed with any other
23ingredient, the wrapper or cover of which is made of paper or
24other substance or material except tobacco. The term does not
25include a cigar.

26"Cigarette license." A license issued under section 203-A or
27213-A of the act of April 9, 1929 (P.L.343, No.176), known as
28The Fiscal Code.

29"Department." The Department of Revenue of the Commonwealth.

30"E-cigarette." Any electronic smoking device composed of a

1mouthpiece, heating element, battery and electronic circuits
2that provides a vapor of pure nicotine or any other substance to
3the user as the user simulates smoking. The term includes
4devices whether they are manufactured, distributed, marketed or
5sold as e-cigarettes, e-cigars, e-cigarillos, e-pipes or under
6any other product name.

7"Minor." An individual under 18 years of age.

8"Pack of cigarettes." As defined in section 1201 of the act
9of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
101971.

11"Pipe tobacco." Any product containing tobacco made
12primarily for individual consumption that is intended to be
13smoked using tobacco paraphernalia.

14"Retailer." A person licensed under section 203-A or 213-A
15of the act of April 9, 1929 (P.L.343, No.176), known as The
16Fiscal Code.

17"Smokeless tobacco." Any product containing finely cut,
18ground, powdered, blended or leaf tobacco made primarily for
19individual consumption that is intended to be placed in the oral
20or nasal cavity and not intended to be smoked. The term
21includes, but is not limited to, chewing tobacco, dipping
22tobacco and snuff.

23"Tobacco product." A cigarette, cigar, pipe tobacco or other
24smoking tobacco product or smokeless tobacco in any form,
25manufactured for the purpose of consumption by a purchaser, and
26any cigarette paper or product used for smoking tobacco.

27"[Tobacco vending] Vending machine." A mechanical or
28electrical device from which one or more tobacco products or e-
29cigarettes are dispensed for a consideration.

30Section 2. This act shall take effect in 60 days.