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AB348,6,1616 SUBCHAPTER IX
AB348,6,1717 SALE OR GIFT OF CIGARETTES,
AB348,6,18 18NICOTINE PRODUCTS, VAPOR
AB348,6,19 19PRODUCTS, OR TOBACCO
AB348,6,2020 PRODUCTS TO MINORS
AB348,12 21Section 12 . 254.911 (11) of the statutes is created to read:
AB348,6,2222 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).
AB348,13 23Section 13 . 254.916 (2) (intro.) of the statutes is amended to read:
AB348,7,224 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A
25person under 18 21 years of age, but not under 15 years of age, may buy, attempt to

1buy, or possess any cigarette, nicotine product, or tobacco product, or vapor product
2if all of the following are true:
AB348,14 3Section 14. 254.916 (2) (d) of the statutes is created to read:
AB348,7,54 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained
5permission from his or her parent or guardian to participate in the investigation.
AB348,15 6Section 15. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
AB348,7,97 254.916 (3) (a) If questioned about his or her age during the course of an
8investigation, the minor person under 21 years of age used in the investigation shall
9state his or her true age.
AB348,7,1110 (b) A minor person under 21 years of age may not be used for the purposes of
11an investigation at a retail outlet at which the minor person is a regular customer.
AB348,7,1312 (c) The appearance of a minor person under 21 years of age may not be
13materially altered so as to indicate greater age.
AB348,7,1814 (d) A photograph or videotape of the minor person under 21 years of age used
15in the investigation
shall be made before or after the investigation or series of
16investigations on the day of the investigation or series of investigations. If a
17prosecution results from an investigation, the photograph or videotape shall be
18retained until the final disposition of the case.
AB348,16 19Section 16. 254.916 (3) (f) 2. of the statutes is amended to read:
AB348,7,2120 254.916 (3) (f) 2. The age of the minor person under 21 years of age used in the
21investigation
.
AB348,17 22Section 17. 254.916 (11) of the statutes is amended to read:
AB348,8,1123 254.916 (11) A person conducting an investigation under this section may not
24have a financial interest in a regulated cigarette and tobacco product retailer, a vapor
25product retailer,
a tobacco vending machine operator, a tobacco vending machine

1premises, or a tobacco vending machine that may interfere with his or her ability to
2properly conduct that investigation. A person who is investigated under this section
3may request the local health department or local law enforcement agency that
4contracted for the investigation to conduct a review under ch. 68 to determine
5whether the person conducting the investigation is in compliance with this
6subsection or, if applicable, may request the state agency or state law enforcement
7agency that contracted for the investigation to conduct a contested case hearing
8under ch. 227 to make that determination. The results of an investigation that is
9conducted by a person who is not in compliance with this subsection may not be used
10to prosecute a violation of s. 134.66 (2) (a) or (am) or a local ordinance adopted under
11s. 134.66 (5).
AB348,18 12Section 18 . 254.92 (title) of the statutes is amended to read:
AB348,8,14 13254.92 (title) Purchase or possession of cigarettes or, tobacco products,
14nicotine products, or vapor products
by person under 18 21 prohibited.
AB348,19 15Section 19 . 254.92 (1) of the statutes is amended to read:
AB348,8,1816 254.92 (1) No person under 18 21 years of age may falsely represent his or her
17age for the purpose of receiving any cigarette, nicotine product, or tobacco product,
18or vapor product
.
AB348,20 19Section 20 . 254.92 (2) of the statutes is amended to read:
AB348,8,2220 254.92 (2) No person under 18 21 years of age may purchase, attempt to
21purchase, or possess any cigarette, nicotine product, or tobacco product, or vapor
22product
except as follows:
AB348,9,223 (a) A person under 18 21 years of age may purchase or possess cigarettes,
24nicotine products, or tobacco products, or vapor products for the sole purpose of resale

1in the course of employment during his or her working hours if employed by a
2retailer.
AB348,9,63 (b) A person under 18 21 years of age, but not under 15 years of age, may
4purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco
5products, or vapor products in the course of his or her participation in an
6investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).
AB348,21 7Section 21 . 254.92 (2m) (intro.) of the statutes is amended to read:
AB348,9,108 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or
9nicotine products, or vapor products on behalf of, or to provide to, any person who is
10under 18 21 years of age. Any person who violates this subsection may be:
AB348,22 11Section 22 . 254.92 (3) of the statutes is amended to read:
AB348,9,1412 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product,
13or tobacco product, or vapor product that has been sold to and is in the possession of
14a person under 18 21 years of age.
AB348,23 15Section 23. Initial applicability.
AB348,9,2116 (1) This act first applies to purchases, attempts to purchase, possession, and
17false representations of age for the purpose of receiving any cigarette, nicotine
18product, tobacco product, or vapor product by persons under 21 years of age on the
19effective date of this subsection and to sales or the provision of cigarettes, nicotine
20products, tobacco products, or vapor products to persons under 21 years of age on the
21effective date of this subsection.
AB348,9,2222 (End)
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