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SB355,2,3 2134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor,
3or tobacco products.
SB355,2 4Section 2 . 134.66 (1) (g) of the statutes is amended to read:
SB355,2,85 134.66 (1) (g) “Retailer" means any person licensed under s. 134.65 (1) or any
6person that sells, exposes for sale, possesses with intent to sell, exchanges, barters,
7disposes of, or gives away any vapor products to any person not holding a license
8under s. 134.65 (1), 139.30 to 139.41, or 139.79
.
SB355,3
1Section 3. 134.66 (1) (jm) of the statutes is created to read:
SB355,3,22 134.66 (1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).
SB355,4 3Section 4. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended
4to read:
SB355,3,145 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
6subjobber, no agent, employee or independent contractor of a retailer, direct
7marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
8of an independent contractor may sell or provide for nominal or no consideration
9cigarettes, nicotine products, or tobacco products , or vapor products to any person
10under the age of 18 21, except as provided in s. 254.92 (2) (a). A vending machine
11operator is not liable under this paragraph for the purchase of cigarettes, nicotine
12products, or tobacco products, or vapor products from his or her vending machine by
13a person under the age of 18 21 if the vending machine operator was unaware of the
14purchase.
SB355,3,2315 (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber,
16no agent, employee or independent contractor of a retailer, direct marketer,
17manufacturer, distributor, jobber or subjobber and no agent or employee of an
18independent contractor may provide for nominal or no consideration cigarettes,
19nicotine products, or tobacco products, or vapor products to any person except in a
20place where no person younger than 18 21 years of age is present or permitted to
21enter unless the person who is younger than 18 21 years of age is accompanied by his
22or her parent or guardian or by his or her spouse who has attained the age of 18 21
23years.
SB355,4,224 (b) 1. A retailer shall post a sign in areas within his or her premises where
25cigarettes or, tobacco products , or vapor products are sold to consumers stating that

1the sale of any cigarette or, tobacco product, or vapor product to a person under the
2age of 18 21 is unlawful under this section and s. 254.92.
SB355,4,63 2. A vending machine operator shall attach a notice in a conspicuous place on
4the front of his or her vending machines stating that the purchase of any cigarette
5or, tobacco product, or vapor product by a person under the age of 18 21 is unlawful
6under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
SB355,4,127 (cm) 1m. A retailer or vending machine operator may not sell cigarettes or,
8tobacco products, or vapor products from a vending machine unless the vending
9machine is located in a place where the retailer or vending machine operator ensures
10that no person younger than 18 21 years of age is present or permitted to enter unless
11he or she is accompanied by his or her parent or guardian or by his or her spouse who
12has attained the age of 18 21 years.
SB355,5 13Section 5 . 134.66 (2m) (a) of the statutes is amended to read:
SB355,5,314 134.66 (2m) (a) Except as provided in par. (b), at the time that a retailer hires
15or contracts with an agent, employee, or independent contractor whose duties will
16include the sale of cigarettes, vapor products, or tobacco products, the retailer shall
17provide the agent, employee, or independent contractor with training on compliance
18with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for
19a violation of sub. (2) (a) or (am). The department of health services shall make
20available to any retailer on request a training program developed or approved by that
21department that provides the training required under this paragraph. A retailer
22may comply with this paragraph by providing the training program developed or
23approved by the department of health services or by providing a comparable training
24program approved by that department. At the completion of the training, the retailer
25and the agent, employee, or independent contractor shall sign a form provided by the

1department of health services verifying that the agent, employee, or independent
2contractor has received the training, which the retailer shall retain in the personnel
3file of the agent, employee, or independent contractor.
SB355,6 4Section 6. 134.66 (3) of the statutes is amended to read:
SB355,5,105 134.66 (3) Defense; sale to minor. Proof of all of the following facts by a
6retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or
7independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber,
8or an agent or employee of an independent contractor who sells cigarettes or, tobacco
9products, or vapor products to a person under the age of 18 21 is a defense to any
10prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):
SB355,5,1211 (a) That the purchaser falsely represented that he or she had attained the age
12of 18 21 and presented an identification card.
SB355,5,1413 (b) That the appearance of the purchaser was such that an ordinary and
14prudent person would believe that the purchaser had attained the age of 18 21.
SB355,5,1715 (c) That the sale was made in good faith, in reasonable reliance on the
16identification card and appearance of the purchaser and in the belief that the
17purchaser had attained the age of 18 21.
SB355,7 18Section 7. 139.30 (10) of the statutes is amended to read:
SB355,5,2019 139.30 (10) “Retailer" has the meaning given in s. 134.66 (1) (g) means any
20person licensed under s. 134.65 (1)
.
SB355,8 21Section 8 . 139.345 (3) (a) (intro.) of the statutes is amended to read:
SB355,5,2322 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the
23consumer is at least 18 21 years of age by any of the following methods:
SB355,9 24Section 9 . 139.345 (3) (b) 2. of the statutes is amended to read:
SB355,6,3
1139.345 (3) (b) 2. That the consumer understands that no person who is under
218 21 years of age may purchase or possess cigarettes or falsely represent his or her
3age for the purpose of receiving cigarettes, as provided under s. 254.92.
SB355,10 4Section 10 . 139.345 (7) (a) of the statutes is amended to read:
SB355,6,125 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct
6marketing to a consumer in this state unless the person making the delivery receives
7a government issued identification card from the person receiving the package and
8verifies that the person receiving the package is at least 18 21 years of age. If the
9person receiving the package is not the person to whom the package is addressed, the
10person delivering the package shall have the person receiving the package sign a
11statement that affirms that the person to whom the package is addressed is at least
1218 21 years of age.
SB355,11 13Section 11 . Subchapter IX (title) of chapter 254 [precedes 254.911] of the
14statutes is amended to read:
SB355,6,1515 CHAPTER 254
SB355,6,1616 SUBCHAPTER IX
SB355,6,1717 SALE OR GIFT OF CIGARETTES,
SB355,6,18 18NICOTINE PRODUCTS, VAPOR
SB355,6,19 19PRODUCTS, OR TOBACCO
SB355,6,2020 PRODUCTS TO MINORS
SB355,12 21Section 12 . 254.911 (11) of the statutes is created to read:
SB355,6,2222 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).
SB355,13 23Section 13 . 254.916 (2) (intro.) of the statutes is amended to read:
SB355,7,224 254.916 (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:
SB355,14 3Section 14. 254.916 (2) (d) of the statutes is created to read:
SB355,7,54 254.916 (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.
SB355,15 6Section 15. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
SB355,7,97 254.916 (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.
SB355,7,1110 (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.
SB355,7,1312 (c) The appearance of a minor person under 21 years of age may not be
13materially altered so as to indicate greater age.
SB355,7,1814 (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.
SB355,16 19Section 16. 254.916 (3) (f) 2. of the statutes is amended to read:
SB355,7,2120 254.916 (3) (f) 2. The age of the minor person under 21 years of age used in the
21investigation
.
SB355,17 22Section 17. 254.916 (11) of the statutes is amended to read:
SB355,8,1123 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).
SB355,18 12Section 18 . 254.92 (title) of the statutes is amended to read:
SB355,8,14 13254.92 (title) Purchase or possession of cigarettes or, tobacco products,
14nicotine products, or vapor products
by person under 18 21 prohibited.
SB355,19 15Section 19 . 254.92 (1) of the statutes is amended to read:
SB355,8,1816 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
.
SB355,20 19Section 20 . 254.92 (2) of the statutes is amended to read:
SB355,8,2220 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:
SB355,9,223 (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.
SB355,9,63 (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).
SB355,21 7Section 21 . 254.92 (2m) (intro.) of the statutes is amended to read:
SB355,9,108 254.92 (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:
SB355,22 11Section 22 . 254.92 (3) of the statutes is amended to read:
SB355,9,1412 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.
SB355,23 15Section 23. Initial applicability.
SB355,9,2116 (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.
SB355,9,2222 (End)
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