PRINTER'S NO. 637
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
536
Session of
2019
INTRODUCED BY FLYNN, RABB, KINSEY, HILL-EVANS, FRANKEL, HOWARD,
DALEY, SCHMITT, MURT, PASHINSKI, SCHWEYER, STURLA AND
MULLINS, MARCH 1, 2019
REFERRED TO COMMITTEE ON HEALTH, MARCH 1, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, further providing for sale
of tobacco.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6305(a)(1), (2) and (4), (a.1), (b)(3),
(f)(3) and (g)(2) of Title 18 of the Pennsylvania Consolidated
Statutes, amended October 24, 2018 (P.L.659, No.95), are amended
to read:
ยง 6305. Sale of tobacco.
(a) Offense defined.--Except as set forth in subsection (f),
a person is guilty of a summary offense if the person:
(1) sells a tobacco product to [any minor] an individual
under 21 years of age;
(2) furnishes, by purchase, gift or other means, a
tobacco product to [a minor] an individual under 21 years of
age;
(4) locates or places a tobacco vending machine
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containing a tobacco product in a location accessible to
[minors] an individual under 21 years of age;
* * *
(a.1) Purchase.--[A minor] An individual under 21 years of
age is guilty of a summary offense if the [minor] individual:
(1) purchases or attempts to purchase a tobacco product;
or
(2) knowingly falsely represents himself to be at least
[18] 21 years of age to a person for the purpose of
purchasing or receiving a tobacco product.
(b) Penalty.--
* * *
(3) [A minor] An individual under 21 years of age who
violates subsection (a.1) shall be sentenced to any or all of
the following:
(i) not more than 75 hours of community service;
(ii) complete a tobacco use prevention and cessation
program approved by the Department of Health; or
(iii) a fine not to exceed $200.
* * *
(f) Exceptions.--
* * *
(3) It is not a violation of subsection (a.1)(1) for [a
minor] an individual under 21 years of age to purchase or
attempt to purchase a tobacco product if all of the following
apply:
(i) The [minor] individual is at least 14 years of
age.
(ii) The [minor] individual is an employee,
volunteer or an intern with:
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(A) a State or local law enforcement agency;
(B) the Department of Health or a primary
contractor pursuant to Chapter 7 of the act of June
26, 2001 (P.L.755, No.77), known as the Tobacco
Settlement Act;
(C) a single county authority created pursuant
to the act of April 14, 1972 (P.L.221, No.63), known
as the Pennsylvania Drug and Alcohol Abuse Control
Act;
(D) a county or municipal health department; or
(E) a retailer.
(iii) The [minor] individual is acting within the
scope of assigned duties as part of an authorized
investigation, compliance check under subsection (g) or
retailer-organized self-compliance check.
(iv) [A minor shall not use or consume a] The
individual does not use or consume the tobacco product.
(g) Compliance checks.--This subsection shall apply to
compliance checks conducted by the Department of Health, a
primary contractor pursuant to Chapter 7 of the Tobacco
Settlement Act, a single county authority created pursuant to
the Pennsylvania Drug and Alcohol Abuse Control Act or a county
or municipal health department for the purpose of conducting
retailer education, assessing compliance with Federal or State
law and enforcing the provisions of this section. Compliance
checks shall be conducted, at a minimum, in accordance with all
of the following:
* * *
(2) [A minor] An individual under 21 years of age
participating in a compliance check must be at least 14 years
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of age, complete a course of training approved by the
Department of Health and furnish the Department of Health
with a signed, written parental consent agreement allowing
the [minor] individual to participate in the compliance
check.
* * *
Section 2. This act shall take effect in 60 days.
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