PRIOR PRINTER'S NO. 771
PRINTER'S NO. 1086
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
751
Session of
2015
INTRODUCED BY GREENLEAF, KITCHEN, BREWSTER, FONTANA, VANCE,
PILEGGI, COSTA, MENSCH, RAFFERTY, VULAKOVICH, ALLOWAY,
BROOKS, DINNIMAN, YUDICHAK, TARTAGLIONE, HUGHES AND BOSCOLA,
APRIL 17, 2015
AS AMENDED ON THIRD CONSIDERATION, JUNE 22, 2015
AN ACT
Amending Title TITLES 18 (Crimes and Offenses) AND 53
(MUNICIPALITIES GENERALLY) of the Pennsylvania Consolidated
Statutes, in minors, further providing for the offense of
sale of tobacco; AND, IN PREEMPTIONS RELATING TO
MUNICIPALITIES, FURTHER PROVIDING FOR TOBACCO.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "tobacco product" in section
6305(k) of Title 18 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 6305. Sale of tobacco.
* * *
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Tobacco product." [A cigarette, cigar, pipe tobacco or
other smoking tobacco product or smokeless tobacco in any form,
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manufactured for the purpose of consumption by a purchaser, and
any cigarette paper or product used for smoking tobacco.] The
term includes:
(1) Any product containing, made or derived from tobacco
or nicotine that is intended for human consumption, whether
smoked, heated, chewed, absorbed, dissolved, inhaled,
snorted, sniffed or ingested by any other means, including,
but not limited to, a cigarette, a cigar, a little cigar,
chewing tobacco, pipe tobacco, snuff and snus.
(2) Any electronic device that delivers nicotine or
other substance to the person inhaling from the device,
including, but not limited to, an electronic cigarette, a
cigar, pipe and hookah.
The term includes any component, part or accessory of such
product or electronic device, whether or not sold separately.
The term does not include a product that has been approved by
the United States Food and Drug Administration for sale as a
tobacco cessation product or for other therapeutic purposes
where the product is marketed and sold solely for such approved
purpose.
* * *
SECTION 2. SECTION 301(B)(2) OF TITLE 53 IS AMENDED TO READ:
§ 301. TOBACCO.
* * *
(B) EXCEPTION.--THIS SECTION DOES NOT PROHIBIT:
* * *
(2) LOCAL REGULATION ENACTED PRIOR TO JANUARY 1, 2002,
EXCEPT, AS TO PRODUCTS SPECIFIED IN PARAGRAPH (2) OF THE
"TOBACCO PRODUCT" DEFINITION OF 18 PA.C.S. § 6305(K)
(RELATING TO SALE OF TOBACCO), LOCAL REGULATION ENACTED PRIOR
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TO MAY 1, 2014.
Section 2 3. This act shall take effect in 60 days.
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