May 25, 2021 - Introduced by Senators Marklein, Ballweg, Cowles, Darling,
Larson, Pfaff, Roth, Roys, Wanggaard, Agard and L. Taylor, cosponsored by
Representatives Spiros, Baldeh, Billings, Bowen, Cabral-Guevara,
Cabrera, Doyle, Kerkman, Mursau, L. Myers, Oldenburg, Rozar, Shelton,
Subeck, Allen and Spreitzer. Referred to Committee on Judiciary and Public
Safety.

SB355,1,9 1An Act to amend 134.66 (title), 134.66 (1) (g), 134.66 (2) (a), (am), (b) and (cm)
21m., 134.66 (2m) (a), 134.66 (3), 139.30 (10), 139.345 (3) (a) (intro.), 139.345 (3)
3(b) 2., 139.345 (7) (a), subchapter IX (title) of chapter 254 [precedes 254.911],
4254.916 (2) (intro.), 254.916 (3) (a), (b), (c) and (d), 254.916 (3) (f) 2., 254.916 (11),
5254.92 (title), 254.92 (1), 254.92 (2), 254.92 (2m) (intro.) and 254.92 (3); and to
6create 134.66 (1) (jm), 254.911 (11) and 254.916 (2) (d) of the statutes; relating
7to: raising the legal age for sale, purchase, and possession of cigarettes and
8nicotine and tobacco products, providing a legal age for sale, purchase, and
9possession of vapor products, and providing a penalty.

This bill changes the age for purchasing cigarettes, tobacco products, or
nicotine products from 18 to 21, and imposes the same minimum age for purchasing
vapor products. Nicotine products are products that contain nicotine and that are
not tobacco products, cigarettes, or products that have been approved by the federal
Food and Drug Administration for sale as a smoking cessation product. Tobacco
products include products such as cigars, chewing tobacco, and smoking tobacco.
Vapor products are noncombustible products that produce a vapor or aerosol for

inhalation from the application of a heating element, regardless of whether the
liquid or other substance contains nicotine.

Currently, no person under the age of 18 may purchase, attempt to purchase,
possess, or falsely represent his or her age for the purpose of receiving any cigarette,
nicotine product, or tobacco product with certain limited exceptions. Current law
also prohibits any person from purchasing cigarettes, tobacco products, or nicotine
products on behalf of a person who is under the age of 18 and subjects that purchaser
to a penalty. Current law also prohibits a person from delivering a package of
cigarettes unless the person making the delivery verifies that the person receiving
the package is at least 18 years of age. The bill changes these ages from 18 to 21.
The bill similarly prohibits the purchase of vapor products by or on behalf of a person
who is under the age of 21.

Current law prohibits a retailer, manufacturer, distributor, jobber, subjobber,
or independent contractor or an employee or agent of any of these persons from
selling or providing cigarettes or tobacco or nicotine products to an individual who
is under the age of 18 and from providing cigarettes or tobacco or nicotine products
to any person for free unless the cigarettes or products are provided in a place where
persons under 18 years of age are generally not permitted to enter. Current law also
prohibits a retailer or vending machine operator from selling cigarettes or tobacco
or nicotine products from a vending machine unless the retailer or vending machine
operator ensures that no person under 18 years of age is present on or permitted to
enter the premises where the machine is located. The bill changes these ages from
18 to 21. The bill similarly prohibits the sale or provision of vapor products to a
person who is under 21.

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.