This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB422-ASA1,5 14Section 5 . 139.345 (7) (a) of the statutes is amended to read:
AB422-ASA1,5,2415 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct
16marketing to a consumer in this state unless the person making the delivery receives
17a government issued identification card from the person receiving the package and
18verifies that the person receiving the package is at least 18 years of age the minimum
19age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act
.
20If the person receiving the package is not the person to whom the package is
21addressed, the person delivering the package shall have the person receiving the
22package sign a statement that affirms that the person to whom the package is
23addressed is at least 18 years of age the minimum age for purchasing a tobacco
24product under the federal Food, Drug, and Cosmetic Act
.
AB422-ASA1,6
1Section 6. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
2statutes is amended to read:
AB422-ASA1,6,33 CHAPTER 254
AB422-ASA1,6,74 SUBCHAPTER IX
5 SALE OR GIFT OF CIGARETTES,
6 NICOTINE PRODUCTS,
OR TOBACCO
7 PRODUCTS TO MINORS
AB422-ASA1,7 8Section 7 . 254.916 (2) (intro.) of the statutes is amended to read:
AB422-ASA1,6,139 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A
10person under 18 years of age the minimum age for purchasing a tobacco product
11under the federal Food, Drug, and Cosmetic Act
, but not under 15 years of age, may
12buy, attempt to buy, or possess any cigarette, nicotine product, or tobacco product if
13all of the following are true:
AB422-ASA1,8 14Section 8 . 254.916 (2) (d) of the statutes is created to read:
AB422-ASA1,6,1615 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained
16permission from his or her parent or guardian to participate in the investigation.
AB422-ASA1,9 17Section 9 . 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
AB422-ASA1,6,2118 254.916 (3) (a) If questioned about his or her age during the course of an
19investigation, the minor person under the minimum age for purchasing a tobacco
20product under the federal Food, Drug, and Cosmetic Act used in the investigation

21shall state his or her true age.
AB422-ASA1,6,2422 (b) A minor person under the minimum age for purchasing a tobacco product
23under the federal Food, Drug, and Cosmetic Act
may not be used for the purposes of
24an investigation at a retail outlet at which the minor person is a regular customer.
AB422-ASA1,7,3
1(c) The appearance of a minor person under the minimum age for purchasing
2a tobacco product under the federal Food, Drug, and Cosmetic Act
may not be
3materially altered so as to indicate greater age.
AB422-ASA1,7,94 (d) A photograph or videotape of the minor person under the minimum age for
5purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used
6in the investigation
shall be made before or after the investigation or series of
7investigations on the day of the investigation or series of investigations. If a
8prosecution results from an investigation, the photograph or videotape shall be
9retained until the final disposition of the case.
AB422-ASA1,10 10Section 10 . 254.916 (3) (f) 2. of the statutes is amended to read:
AB422-ASA1,7,1311 254.916 (3) (f) 2. The age of the minor person under the minimum age for
12purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used
13in the investigation
.
AB422-ASA1,11 14Section 11 . 254.92 (title) of the statutes is amended to read:
AB422-ASA1,7,16 15254.92 (title) Purchase or possession of cigarettes or tobacco or
16nicotine
products by person under 18 certain age prohibited.
AB422-ASA1,12 17Section 12 . 254.92 (1) of the statutes is amended to read:
AB422-ASA1,7,2118 254.92 (1) No person under 18 years of age the minimum age for purchasing
19a tobacco product under the federal Food, Drug, and Cosmetic Act
may falsely
20represent his or her age for the purpose of receiving any cigarette, nicotine product,
21or tobacco product.
AB422-ASA1,13 22Section 13 . 254.92 (2) of the statutes is amended to read:
AB422-ASA1,8,223 254.92 (2) No person under 18 years of age the minimum age for purchasing
24a tobacco product under the federal Food, Drug, and Cosmetic Act
may purchase,

1attempt to purchase, or possess any cigarette, nicotine product, or tobacco product
2except as follows:
AB422-ASA1,8,63 (a) A person under 18 years of age the minimum age for purchasing a tobacco
4product under the federal Food, Drug, and Cosmetic Act
may purchase or possess
5cigarettes, nicotine products, or tobacco products for the sole purpose of resale in the
6course of employment during his or her working hours if employed by a retailer.
AB422-ASA1,8,117 (b) A person under 18 years of age the minimum age for purchasing a tobacco
8product under the federal Food, Drug, and Cosmetic Act
, but not under 15 years of
9age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or
10tobacco products in the course of his or her participation in an investigation under
11s. 254.916 that is conducted in accordance with s. 254.916 (3).
AB422-ASA1,14 12Section 14 . 254.92 (2m) (intro.) of the statutes is amended to read:
AB422-ASA1,8,1613 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or
14nicotine products on behalf of, or to provide to, any person who is under 18 years of
15age
the minimum age for purchasing a tobacco product under the federal Food, Drug,
16and Cosmetic Act
. Any person who violates this subsection may be:
AB422-ASA1,15 17Section 15 . 254.92 (3) of the statutes is amended to read:
AB422-ASA1,8,2118 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product,
19or tobacco product that has been sold to and is in the possession of a person under
2018 years of age the minimum age for purchasing a tobacco product under the federal
21Food, Drug, and Cosmetic Act
.
AB422-ASA1,16 22Section 16 . Initial applicability.
AB422-ASA1,9,423 (1) This act first applies to purchases, attempts to purchase, possession, and
24false representations of age for the purpose of receiving any cigarette, nicotine
25product, or tobacco product by persons under the minimum age for purchasing a

1tobacco product under the federal Food, Drug, and Cosmetic Act on the effective date
2of this subsection and to sales or the provision of cigarettes or nicotine or tobacco
3products to persons under the minimum age for purchasing a tobacco product under
4the federal Food, Drug, and Cosmetic Act on the effective date of this subsection.
Loading...
Loading...