A03985
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
473
Session of
2019
INTRODUCED BY SCAVELLO, HUTCHINSON, COSTA, LAUGHLIN, BLAKE,
HAYWOOD, BREWSTER AND ARGALL, MARCH 22, 2019
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 24, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 53 (Municipalities
Generally) of the Pennsylvania Consolidated Statutes, in
minors, further providing for sale of tobacco and for use of
tobacco in schools prohibited; making a conforming amendment
to Title 53; and making a related repeal.
Amending 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 for the offense of use of tobacco in schools; and, in
preemptions relating to municipalities, further providing for
tobacco.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6305 heading, (a.1), (f)(1)(i)(D) and (k)
of Title 18 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 6305. Sale of tobacco products.
* * *
(a.1) Purchase.--A minor is guilty of a summary offense if
the minor:
(1) purchases or attempts to purchase a tobacco product;
or
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(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.
* * *
(f) Exceptions.--
(1) The following affirmative defense is available:
(i) It is an affirmative defense for a retailer to
an offense under subsection (a)(1) and (2) that, prior to
the date of the alleged violation, the retailer has
complied with all of the following:
* * *
(D) trained all employees selling tobacco
products to verify that the purchaser is at least
[18] 21 years of age before selling tobacco products;
* * *
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Cigarette." A roll for smoking made wholly or in part of
tobacco, irrespective of size or shape and whether or not the
tobacco is flavored, adulterated or mixed with any other
ingredient, the wrapper or cover of which is made of paper or
other substance or material except tobacco. The term does not
include a cigar.
"Cigarette license." A license issued under section 203-A or
213-A of the act of April 9, 1929 (P.L.343, No.176), known as
The Fiscal Code.
"Department." The Department of Revenue of the Commonwealth.
"Minor." An individual under [18] 21 years of age.
"Pack of cigarettes." As defined in section 1201 of the act
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of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
"Pipe tobacco." Any product containing tobacco made
primarily for individual consumption that is intended to be
smoked using tobacco paraphernalia.
"Retailer." A person licensed to sell cigarettes under
section 203-A or 213-A of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, or a lawful retailer of other
tobacco products.
"Smokeless tobacco." Any product containing finely cut,
ground, powdered, blended or leaf tobacco made primarily for
individual consumption that is intended to be placed in the oral
or nasal cavity and not intended to be smoked. The term
includes, but is not limited to, chewing tobacco, dipping
tobacco and snuff.
"Tobacco product." [A cigarette, cigar, pipe tobacco or
other smoking tobacco product or smokeless tobacco in any form,
manufactured for the purpose of consumption by a purchaser, and
any cigarette paper or product used for smoking tobacco.] As
follows:
(1) The term includes:
(i) 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.
(ii) Any electronic device that delivers nicotine or
another substance to a person inhaling from the device,
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including, but not limited to, an electronic cigarette,
cigar, pipe and hookah.
(iii) Any component, part or accessory of the
product or electronic device under subparagraphs (i) and
(ii), whether or not sold separately.
(2) The term does not include a product INCLUDE:
(I) 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.
(II) A DEVICE UNDER PARAGRAPH (1)(II) OR (III) IF
SOLD BY A DISPENSARY LICENSED UNDER THE ACT OF APRIL 17,
2016 (P.L.84, NO.16), KNOWN AS THE MEDICAL MARIJUANA ACT.
"Tobacco vending machine." A mechanical or electrical device
from which one or more tobacco products are dispensed for a
consideration.
Section 2. Section 6306.1 heading, (a) and (d) of Title 18
are amended and the section is amended by adding subsections to
read:
§ 6306.1. Use of tobacco products in schools prohibited.
(a) Offense defined.--A pupil [who] commits a summary
offense if the pupil possesses or uses [tobacco] a tobacco
product :
(1) in a school building[,];
(2) on a school bus or other vehicle owned by, leased by
or under the control of a school district; or
(3) on school property owned by, leased by or under the
control of a school district [commits a summary offense].
(a.1) Additional offense defined.--
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(1) Any person other than a pupil commits a summary
offense if the person uses a tobacco product:
(i) in a school building;
(ii) on a school bus or other vehicle owned by,
leased by or under the control of a school district; or
(iii) on school property owned by, leased by or
under the control of a school district.
(2) The board of school directors may designate certain
areas on property owned by, leased by or under the control of
the school district where tobacco product use by persons
other than pupils is permitted. The areas shall be no less
than 50 feet from school buildings, stadiums or bleachers.
(a.2) Policy.--
(1) The board of school directors shall establish a
policy to enforce the prohibition of tobacco product use
under this section and may further establish policy relating
to tobacco product use at school-sponsored events which are
held off school premises.
(2) The board of school directors shall notify
employees, pupils and parents of the policy developed in
paragraph (1) by publishing the information in a student
handbook and parent newsletter and on posters or other
efficient means.
* * *
(c.1) Construction.--This section supersedes any municipal
ordinance or school board regulation to the contrary.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Pupil." A person between the ages of 6 and 21 years who is
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enrolled in school.
"School." A school operated by a joint board, board of
directors or school board where pupils are enrolled in
compliance with Article XIII of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
including area vocational schools and intermediate units.
["Tobacco." A lighted or unlighted cigarette, cigar, pipe or
other lighted smoking product and smokeless tobacco in any
form.]
"Tobacco product." As follows:
(1) The term includes:
(i) 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.
(ii) Any electronic device that delivers nicotine or
another substance to a person inhaling from the device,
including, but not limited to, an electronic cigarette,
cigar, pipe and hookah.
(iii) Any component, part or accessory of the
product or electronic device under subparagraphs (i) and
(ii), whether or not sold separately.
(2) The term does not include a product INCLUDE:
(I) 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
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purpose.
(II) A DEVICE UNDER PARAGRAPH (1)(II) OR (III) IF
SOLD BY A DISPENSARY LICENSED UNDER THE ACT OF APRIL 17,
2016 (P.L.84, NO.16), KNOWN AS THE MEDICAL MARIJUANA ACT.
Section 3. Section 301 heading and (a) of Title 53 are
amended to read:
§ 301. Tobacco product.
(a) General rule.--Except as set forth in subsection (b),
the provisions of 18 Pa.C.S. § 6305 (relating to sale of tobacco
products) shall preempt and supersede any local ordinance or
rule concerning the subject matter of 18 Pa.C.S. § 6305 and of
section 206-A of the act of April 9, 1929 (P.L.343, No.176),
known as The Fiscal Code.
* * *
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment or
addition of 18 Pa.C.S. § 6306.1(a), (a.1), (a.2) and (c.1).
(2) Section 3.5 of the act of April 27, 1927 (P.L.465,
No.299), referred to as the Fire and Panic Act, is repealed.
Section 5. This act shall take effect in 60 days.
Section 1. Section 6305 heading, (a)(4), (a.1), (f)(1)(i)(D)
and (k) of Title 18 of the Pennsylvania Consolidated Statutes
are amended to read:
§ 6305. Sale of tobacco products.
(a) Offense defined.--Except as set forth in subsection (f),
a person is guilty of a summary offense if the person:
* * *
(4) locates or places a [tobacco] vending machine
containing a tobacco product in a location accessible to
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minors;
* * *
(a.1) Purchase.--A minor is guilty of a summary offense if
the minor:
(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.
* * *
(f) Exceptions.--
(1) The following affirmative defense is available:
(i) It is an affirmative defense for a retailer to
an offense under subsection (a)(1) and (2) that, prior to
the date of the alleged violation, the retailer has
complied with all of the following:
* * *
(D) trained all employees selling tobacco
products to verify that the purchaser is at least
[18] 21 years of age before selling tobacco products;
* * *
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Cigarette." A roll for smoking made wholly or in part of
tobacco, irrespective of size or shape and whether or not the
tobacco is flavored, adulterated or mixed with any other
ingredient, the wrapper or cover of which is made of paper or
other substance or material except tobacco. The term does not
include a cigar.
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"Cigarette license." A license issued under section 203-A or
213-A of the act of April 9, 1929 (P.L.343, No.176), known as
The Fiscal Code.
"Department." The Department of Revenue of the Commonwealth.
"Electronic cigarette." An electronic device that delivers
nicotine or other substances through vaporization and
inhalation.
"Electronic nicotine delivery system" or "ENDS." A product
or device used, intended for use or designed for the purpose of
ingesting a nicotine product. The term includes an electronic
cigarette.
"Minor." An individual under [18] 21 years of age.
"Nicotine product." A product that contains or consists of
nicotine in a form that can be ingested by chewing, smoking,
inhaling or any other means.
"Pack of cigarettes." As defined in section 1201 of the act
of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
"Pipe tobacco." Any product containing tobacco made
primarily for individual consumption that is intended to be
smoked using tobacco paraphernalia.
"Retailer." A person licensed under section 203-A or 213-A
of the act of April 9, 1929 (P.L.343, No.176), known as The
Fiscal Code, or other lawful retailer of other tobacco products.
"Smokeless tobacco." Any product containing finely cut,
ground, powdered, blended or leaf tobacco made primarily for
individual consumption that is intended to be placed in the oral
or nasal cavity and not intended to be smoked. The term
includes, but is not limited to, chewing tobacco, dipping
tobacco and snuff.
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"Tobacco product." [A cigarette, cigar, pipe tobacco or
other smoking tobacco product or smokeless tobacco in any form,
manufactured for the purpose of consumption by a purchaser, and
any cigarette paper or product used for smoking tobacco.] As
follows:
(1) The term includes:
(i) 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.
(ii) Any electronic device that delivers nicotine or
another substance to a person inhaling from the device,
including, but not limited to, electronic nicotine
delivery systems, an electronic cigarette, a cigar, a
pipe and a hookah.
(iii) Any product containing, made or derived from
either:
(A) tobacco, whether in its natural or synthetic
form; or
(B) nicotine, whether in its natural or
synthetic form, which is regulated by the United
States Food and Drug Administration as a deemed
tobacco product.
(iv) Any component, part or accessory of the product
or electronic device under subparagraphs (i), (ii) and
(iii), whether or not sold separately.
(2) The term does not include:
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(i) 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, so long as the product is not inhaled.
(ii) A device under paragraph (1)(ii) or (iii) if
sold by a dispensary licensed under the act of April 17,
2016 (P.L.84, No.16), known as the Medical Marijuana Act.
"Tobacco vending machine." A mechanical or electrical device
from which one or more tobacco products are dispensed for a
consideration.
Section 2. Section 6306.1 heading, (a) and (d) of Title 18
are amended and the section is amended by adding subsections to
read:
§ 6306.1. Use of tobacco products in schools prohibited.
(a) [Offense defined] Pupils.--A pupil [who] commits a
summary offense if the pupil possesses or uses [tobacco] a
tobacco product:
(1) in a school building[,];
(2) on a school bus or other vehicle owned by, leased by
or under the control of a school district; or
(3) on school property owned by, leased by or under the
control of a school district [commits a summary offense].
(a.1) Other persons.--
(1) Any person, other than a pupil, commits a summary
offense if the person uses a tobacco product:
(i) in a school building;
(ii) on a school bus or other vehicle owned by,
leased by or under the control of a school district; or
(iii) on school property owned by, leased by or
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under the control of a school district.
(2) The board of school directors may designate certain
areas on property owned by, leased by or under the control of
the school district where tobacco product use by persons
other than pupils is permitted. The areas must be no less
than 50 feet from school buildings, stadiums or bleachers.
(a.2) Policy.--
(1) The board of school directors shall establish a
policy to enforce the prohibition of tobacco product use
under this section and may further establish policy relating
to tobacco product use at school-sponsored events that are
held off school premises.
(2) The board of school directors shall notify
employees, pupils and parents of the policy developed in
accordance with paragraph (1) by publishing the information
in a student handbook and parent newsletter and on posters or
other efficient means.
* * *
(c.1) Preemption.--This section preempts any municipal
ordinance or school board regulation to the contrary.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Electronic cigarette." An electronic device that delivers
nicotine or other substances through vaporization and
inhalation.
"Electronic nicotine delivery system" or "ENDS." A product
or device used, intended for use or designed for the purpose of
ingesting a nicotine product. The term includes an electronic
cigarette.
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"Nicotine product." A product that contains or consists of
nicotine in a form that can be ingested by chewing, smoking,
inhaling or any other means.
"Pupil." A person between the ages of 6 and 21 years who is
enrolled in school.
"School." A school operated by a joint board, board of
directors or school board where pupils are enrolled in
compliance with Article XIII of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
including [area vocational schools and intermediate units] a
career and technical school, charter school and intermediate
unit.
"Tobacco product." [A lighted or unlighted cigarette, cigar,
pipe or other lighted smoking product and smokeless tobacco in
any form.] As follows:
(1) The term includes:
(i) 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.
(ii) Any electronic device that delivers nicotine or
another substance to a person inhaling from the device,
including, but not limited to, electronic nicotine
delivery systems, an electronic cigarette, a cigar, a
pipe and a hookah.
(iii) Any product containing, made or derived from
either:
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(A) tobacco, whether in its natural or synthetic
form; or
(B) nicotine, whether in its natural or
synthetic form, which is regulated by the United
States Food and Drug Administration as a deemed
tobacco product.
(iv) Any component, part or accessory of the product
or electronic device under subparagraphs (i), (ii) and
(iii), whether or not sold separately.
(2) The term does not include:
(i) 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, so long as the product is not inhaled.
(ii) A device under paragraph (1)(ii) or (iii) if
sold by a dispensary licensed under the act of April 17,
2016 (P.L.84, No.16), known as the Medical Marijuana Act.
Section 3. Section 301 of Title 53 is amended to read:
§ 301. Tobacco product.
(a) General rule.--Except as set forth in subsection (b),
the provisions of 18 Pa.C.S. § 6305 (relating to sale of tobacco
products) shall preempt and supersede any local ordinance or
rule concerning the subject matter of 18 Pa.C.S. § 6305 and of
section 206-A of the act of April 9, 1929 (P.L.343, No.176),
known as The Fiscal Code.
(b) Exception.--This section does not prohibit:
(1) Local regulation authorized by the act of April 27,
1927 (P.L.465, No.299), referred to as the Fire and Panic
Act.
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(2) Local regulation enacted prior to January 1, 2002.
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment or
addition of 18 Pa.C.S. § 6306.1(a), (a.1), (a.2) and (c.1).
(2) Section 3.5 of the act of April 27, 1927 (P.L.465,
No.299), referred to as the Fire and Panic Act, is repealed.
Section 5. This act shall take effect July 1, 2020, or
immediately, whichever is later.
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