Amendment ASA1-AB422

AB422-ASA1,2 Section 2 . 134.66 (3) of the statutes is amended to read:

AB422-ASA1,4,16 134.66 (3) Defense; sale to minor. Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes or tobacco products to a person under the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act is a defense to any prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):

AB422-ASA1,4,19 (a) That the purchaser falsely represented that he or she had attained the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act and presented an identification card.

AB422-ASA1,4,23 (b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

AB422-ASA1,5,2 (c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18 minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

AB422-ASA1,3 Section 3 . 139.345 (3) (a) (intro.) of the statutes is amended to read:

AB422-ASA1,5,7 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the consumer is at least 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act by any of the following methods:

AB422-ASA1,4 Section 4 . 139.345 (3) (b) 2. of the statutes is amended to read:

AB422-ASA1,5,13 139.345 (3) (b) 2. That the consumer understands that no person who is under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may purchase or possess cigarettes or falsely represent his or her age for the purpose of receiving cigarettes, as provided under s. 254.92.

AB422-ASA1,5 Section 5 . 139.345 (7) (a) of the statutes is amended to read:

AB422-ASA1,5,24 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct marketing to a consumer in this state unless the person making the delivery receives a government issued identification card from the person receiving the package and verifies that the person receiving the package is at least 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act. If the person receiving the package is not the person to whom the package is addressed, the person delivering the package shall have the person receiving the package sign a statement that affirms that the person to whom the package is addressed is at least 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

AB422-ASA1,6 Section 6. Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:

AB422-ASA1,6,3 CHAPTER 254

AB422-ASA1,6,7 SUBCHAPTER IX SALE OR GIFT OF CIGARETTES, NICOTINE PRODUCTS, OR TOBACCO PRODUCTS TO MINORS

AB422-ASA1,7 Section 7 . 254.916 (2) (intro.) of the statutes is amended to read:

AB422-ASA1,6,13 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act, but not under 15 years of age, may buy, attempt to buy, or possess any cigarette, nicotine product, or tobacco product if all of the following are true:

AB422-ASA1,8 Section 8 . 254.916 (2) (d) of the statutes is created to read:

AB422-ASA1,6,16 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained permission from his or her parent or guardian to participate in the investigation.

AB422-ASA1,9 Section 9 . 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:

AB422-ASA1,6,21 254.916 (3) (a) If questioned about his or her age during the course of an investigation, the minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used in the investigation shall state his or her true age.

AB422-ASA1,6,24 (b) A minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may not be used for the purposes of an investigation at a retail outlet at which the minor person is a regular customer.

AB422-ASA1,7,3 (c) The appearance of a minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may not be materially altered so as to indicate greater age.

AB422-ASA1,7,9 (d) A photograph or videotape of the minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used in the investigation shall be made before or after the investigation or series of investigations on the day of the investigation or series of investigations. If a prosecution results from an investigation, the photograph or videotape shall be retained until the final disposition of the case.

AB422-ASA1,10 Section 10 . 254.916 (3) (f) 2. of the statutes is amended to read:

AB422-ASA1,7,13 254.916 (3) (f) 2. The age of the minor person under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used in the investigation.

AB422-ASA1,11 Section 11 . 254.92 (title) of the statutes is amended to read:

AB422-ASA1,7,16 254.92 (title) Purchase or possession of cigarettes or tobacco or nicotine products by person under 18 certain age prohibited.

AB422-ASA1,12 Section 12 . 254.92 (1) of the statutes is amended to read:

AB422-ASA1,7,21 254.92 (1) No person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product.

AB422-ASA1,13 Section 13 . 254.92 (2) of the statutes is amended to read:

AB422-ASA1,8,2 254.92 (2) No person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may purchase, attempt to purchase, or possess any cigarette, nicotine product, or tobacco product except as follows:

AB422-ASA1,8,6 (a) A person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act may purchase or possess cigarettes, nicotine products, or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.

AB422-ASA1,8,11 (b) A person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).

AB422-ASA1,14 Section 14 . 254.92 (2m) (intro.) of the statutes is amended to read:

AB422-ASA1,8,16 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or nicotine products on behalf of, or to provide to, any person who is under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act. Any person who violates this subsection may be:

AB422-ASA1,15 Section 15 . 254.92 (3) of the statutes is amended to read:

AB422-ASA1,8,21 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product, or tobacco product that has been sold to and is in the possession of a person under 18 years of age the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act.

AB422-ASA1,16 Section 16 . Initial applicability.

AB422-ASA1,9,4 (1) This act first applies to purchases, attempts to purchase, possession, and false representations of age for the purpose of receiving any cigarette, nicotine product, or tobacco product by persons under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act on the effective date of this subsection and to sales or the provision of cigarettes or nicotine or tobacco products to persons under the minimum age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act on the effective date of this subsection.

AB422-ASA1,9,5 (End)