SB364,2,3 2134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor,
3or tobacco products.
SB364,2 4Section 2 . 134.66 (1) (g) of the statutes is amended to read:
SB364,2,85 134.66 (1) (g) “Retailer" means any person licensed under s. 134.65 (1) and 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
.
SB364,3
1Section 3. 134.66 (1) (jm) of the statutes is created to read:
SB364,3,22 134.66 (1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).
SB364,4 3Section 4. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended
4to read:
SB364,3,135 134.66 (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 from his or her vending machine by a person under the
13age of 18 21 if the vending machine operator was unaware of the purchase.
SB364,3,2214 (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber,
15no agent, employee or independent contractor of a retailer, direct marketer,
16manufacturer, distributor, jobber or subjobber and no agent or employee of an
17independent contractor may provide for nominal or no consideration cigarettes,
18nicotine products, or tobacco products, or vapor products to any person except in a
19place where no person younger than 18 21 years of age is present or permitted to
20enter unless the person who is younger than 18 21 years of age is accompanied by his
21or her parent or guardian or by his or her spouse who has attained the age of 18 21
22years.
SB364,4,223 (b) 1. A retailer shall post a sign in areas within his or her premises where
24cigarettes 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.
SB364,4,63 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.
SB364,4,127 (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.
SB364,5 13Section 5 . 134.66 (2m) (a) of the statutes is amended to read:
SB364,5,314 134.66 (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.
SB364,6 4Section 6. 134.66 (3) of the statutes is amended to read:
SB364,5,105 134.66 (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):
SB364,5,1211 (a) That the purchaser falsely represented that he or she had attained the age
12of 18 21 and presented an identification card.
SB364,5,1413 (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.
SB364,5,1715 (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.
SB364,7 18Section 7 . 139.345 (3) (a) (intro.) of the statutes is amended to read:
SB364,5,2019 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the
20consumer is at least 18 21 years of age by any of the following methods:
SB364,8 21Section 8 . 139.345 (3) (b) 2. of the statutes is amended to read:
SB364,5,2422 139.345 (3) (b) 2. That the consumer understands that no person who is under
2318 21 years of age may purchase or possess cigarettes or falsely represent his or her
24age for the purpose of receiving cigarettes, as provided under s. 254.92.
SB364,9 25Section 9 . 139.345 (7) (a) of the statutes is amended to read:
SB364,6,8
1139.345 (7) (a) No person may deliver a package of cigarettes sold by direct
2marketing to a consumer in this state unless the person making the delivery receives
3a government issued identification card from the person receiving the package and
4verifies that the person receiving the package is at least 18 21 years of age. If the
5person receiving the package is not the person to whom the package is addressed, the
6person delivering the package shall have the person receiving the package sign a
7statement that affirms that the person to whom the package is addressed is at least
818 21 years of age.
SB364,10 9Section 10 . Subchapter IX (title) of chapter 254 [precedes 254.911] of the
10statutes is amended to read:
SB364,6,1111 CHAPTER 254
SB364,6,1212 SUBCHAPTER IX
SB364,6,1313 SALE OR GIFT OF CIGARETTES,
SB364,6,14 14NICOTINE PRODUCTS, VAPOR