Regular Session 2019-2020 House Bill 1823 P.N. 2485

PRINTER'S NO. 2485

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1823

Session of

2019

INTRODUCED BY ROTHMAN, DAWKINS, KINSEY, McNEILL, STAATS,

SCHLOSSBERG, COMITTA, RYAN, STEPHENS, A. DAVIS, CEPHAS,

ECKER, SANKEY, DeLUCA, JOZWIAK, WHEELAND, TOBASH, MARSHALL,

HERSHEY, GROVE, SCHMITT, SHUSTERMAN, MOUL, HILL-EVANS,

THOMAS, McCLINTON, BURGOS, RIGBY, EVERETT, PASHINSKI,

FITZGERALD, WARREN, DiGIROLAMO, B. MILLER, KAIL, JAMES,

SCHWEYER, MULLINS, BRIGGS, ROEBUCK, HOHENSTEIN, FRANKEL, KIM,

FLYNN, GREGORY, HELM, DOWLING, TURZAI AND DELOZIER,

SEPTEMBER 17, 2019

REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 17, 2019

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in minors, further providing for sale

of tobacco and for use of tobacco in schools prohibited; and

making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6305(a.1), (f)(1)(i)(D) and (k) of Title

18 of the Pennsylvania Consolidated Statutes are amended to

read:

§ 6305. Sale of tobacco.

* * *

(a.1) Purchase.--A minor is guilty of a summary offense if

the minor:

(1) purchases or attempts to purchase a tobacco product;

(2) knowingly falsely represents himself to be at least

[18] 21 years of age unless the minor is a member of the

active or reserve components of any branch or unit of the

armed forces of the United States or a veteran who received

an honorable discharge from any branch or unit of the active

or reserve components of the armed forces of the United

States, at least 18 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 or if the minor is a member of

the active or reserve components of any branch or

unit of the armed forces of the United States or a

veteran who received an honorable discharge from any

branch or unit of the active or reserve components of

the armed forces of the United States, at least 18

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:

"Alternative nicotine product." A product, not consisting of

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or containing tobacco, that provides for the ingestion into the

body of nicotine, whether by chewing, absorbing, dissolving,

inhaling, snorting or sniffing or by any other means. The term

does not include a product regulated as a drug or device by the

United States Food and Drug Administration under Chapter V of

the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21

U.S.C. § 301 et seq.).

"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] As follows:

(1) Except as provided under paragraph (2), an

individual under [18] 21 years of age.

(2) A member of the active or reserve components of any

branch or unit of the armed forces of the United States under

18 years of age or a veteran who received an honorable

discharge from any branch or unit of the active or reserve

components of the armed forces of the United States under 18

years of age.

"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

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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, an

alternative nicotine product, a vapor product and any cigarette

paper or product used for smoking tobacco. The term does not

include a product regulated as a drug or device by the United

States Food and Drug Administration under Chapter V of the

Federal Food, Drug, and Cosmetic Act.

"Tobacco vending machine." A mechanical or electrical device

from which one or more tobacco products are dispensed for a

consideration.

"Vapor product." A noncombustible product containing

nicotine that employs a heating element, power source,

electronic circuit or other electronic, chemical or mechanical

means, regardless of shape or size, that can be used to produce

vapor from nicotine in a solution or other form. The term

includes an electronic cigarette, electronic cigar, electronic

cigarillo, electronic pipe or similar product or device and a

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vapor cartridge or other container of nicotine in a solution or

other form that is intended to be used with or in an electronic

cigarette, electronic cigar, electronic cigarillo, electronic

pipe or similar product or device. The term does not include a

product regulated as a drug or device by the United States Food

and Drug Administration under Chapter V of the Federal Food,

Drug, and Cosmetic Act.

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 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.--

(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

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than 50 feet from school buildings, stadiums or bleachers.

(a.2) Policy.--

(1) The board of school directors shall establish 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:

"Alternative nicotine product." A product, not consisting of

or containing tobacco, that provides for the ingestion into the

body of nicotine, whether by chewing, absorbing, dissolving,

inhaling, snorting or sniffing or by any other means. The term

does not include a product regulated as a drug or device by the

United States Food and Drug Administration under Chapter V of

the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21

U.S.C. § 301 et seq.).

"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

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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 product." A lighted or unlighted cigarette, cigar,

pipe or other lighted smoking product, alternative nicotine

product, vapor product and smokeless tobacco in any form. The

term does not include a product regulated as a drug or device by

the United States Food and Drug Administration under Chapter V

of the Federal Food, Drug, and Cosmetic Act.