ASSEMBLY HEALTH AND SENIOR SERVICES COMMITTEE
STATEMENT TO
ASSEMBLY, No. 5922
STATE OF NEW JERSEY
DATED: NOVEMBER 14, 2019
The Assembly Health and Senior Services Committee reports favorably Assembly Bill No. 5922.
This bill implements certain recommendations included in the Electronic Smoking Device Task Force Report issued October 3, 2019, pursuant to Executive Order No.84.
Specifically, the bill increases the penalties that apply to any retailer that sells tobacco or vapor products to a person younger than 21 years of age. Current law provides that a person who violates the prohibition against underage sales is liable to a civil penalty of at least $250 for a first offense, at least $500 for a second offense, and $500 for a third or subsequent offense. The bill will increase these penalties to $500 for a first offense, $1,000 for a second offense, and $2,000 for a third or subsequent offense, and clarifies that all penalties are assessed against the retailer where the prohibited sale is made, and not against an employee who makes a prohibited sale.
Current law also provides that a person who sells a tobacco or vapor product to a person under 21 years of age is liable to the fine applicable to petty disorderly persons offenses, which is $500. This bill increases this fine by providing that a retailer that makes a prohibited underage sale is liable to the fine applicable to disorderly persons offenses, which is $1,000.
Current law provides that a person who purchases tobacco products for someone younger than 21 years of age is guilty of a petty disorderly persons offense, which offense is punishable by imprisonment for up to 30 days, a fine of up to $500, or both. The bill provides that the offense also applies to the purchase of vapor products for someone younger than 21 years of age as well.
The bill requires that, no later than one year after the effective date of the bill, all tobacco and vapor product retailers are to acquire and begin using an electronic age verification system to prevent sales of tobacco and vapor products to persons under age 21.
The bill additionally requires that all tobacco and vapor products to be maintained in a manner that restricts public access to the products, which may include maintaining the products behind the sales counter, in a locked cabinet, or in an area of the establishment that is restricted to employees only.
Current law requires all cigarette sales take place in a face-to-face transaction unless the seller has ensured that all State taxes have been paid on the cigarettes and takes certain enumerated steps to verify the purchaser is over 21 years of age. The bill establishes identical requirements for vapor products and adds a new requirement for both cigarettes and vapor products requiring age verification at the time of delivery.
The bill establishes a number of requirements concerning the sale of vapor products. Specifically, the bill requires that no vapor product may be sold unless its manufacturer is registered, or has applied for registration, with the federal Food and Drug Administration (FDA), and the manufacturer has listed the vapor product with the FDA. The bill prohibits the sale of vaping liquids that contain nicotine in a concentration of more than two percent and vaping liquids products that were mixed with any other substance by any entity other than the manufacturer. The bill additionally prohibits the sale of vapor products that are not included in the electronic tracking database to be established under, and do not include the tracking feature required by, companion legislation currently pending as Assembly Bill No.5923. Sale of a vapor product in violation of these restrictions will be punishable by a civil penalty of at least $500 for a first offense, at least $1,000 for a second offense, and at least $2,000 for a third or subsequent offense.
The bill prohibits the sale of electronic smoking devices that are designed to mimic the appearance of another object, when the appearance of the electronic smoking device makes it difficult for the average person to determine, based on casual observance, whether the item is the object it is designed to mimic or an electronic smoking device. Prohibited designs will include, but not be limited to, devices designed to resemble a pen or other writing utensil, flash drive or universal serial bus drive, mobile phone, clothing, jewelry, cosmetic product, eating utensil, or personal hygiene product; however, it will not be prohibited to sell an electronic smoking device designed to resemble a product traditionally used for the consumption of tobacco, such as a cigarette, cigarette pack, pipe, cigar, or hookah. A violation of this prohibition will be punishable by a civil penalty of $1,000 for a first offense and $2,000 for a second or subsequent offense.