SB111,1212,65
(b) That the appearance of the purchaser was such that an ordinary and
6prudent person would believe that the purchaser had attained the age of
18 21.
SB111,1212,97
(c) That the sale was made in good faith, in reasonable reliance on the
8identification card and appearance of the purchaser and in the belief that the
9purchaser had attained the age of
18 21.
SB111,2247
10Section 2247
. 134.66 (4) (a) 1. of the statutes is amended to read:
SB111,1212,1311
134.66
(4) (a) 1. In this paragraph, “violation" means a violation of sub. (2) (a),
12(am), (cm),
or (e)
, or (f) or a local ordinance which strictly conforms to sub. (2) (a), (am),
13(cm),
or (e)
, or (f).
SB111,2248
14Section 2248
. 139.30 (10) of the statutes is amended to read:
SB111,1212,1615
139.30
(10) “Retailer"
has the meaning given in s. 134.66 (1) (g) means any
16person licensed under s. 134.65 (1d).
SB111,2249
17Section 2249
. 139.345 (3) (a) (intro.) of the statutes is amended to read:
SB111,1212,1918
139.345
(3) (a) (intro.) Verifies the consumer's name and address and that the
19consumer is at least
18 21 years of age by any of the following methods:
SB111,2250
20Section 2250
. 139.345 (3) (b) 2. of the statutes is amended to read:
SB111,1212,2321
139.345
(3) (b) 2. That the consumer understands that no person who is under
2218 21 years of age may purchase or possess cigarettes or falsely represent his or her
23age for the purpose of receiving cigarettes, as provided under s. 254.92.
SB111,2251
24Section 2251
. 139.345 (7) (a) of the statutes is amended to read:
SB111,1213,8
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.
SB111,2252
9Section 2252
. 139.44 (4) of the statutes is amended to read:
SB111,1213,1310
139.44
(4) Any person who refuses to permit the examination or inspection
11authorized in s. 139.39 (2) or 139.83
(1) may be fined not more than $500 or
12imprisoned not more than 90 days or both. Such refusal shall be cause for immediate
13suspension or revocation of permit by the secretary.
SB111,2253
14Section 2253
. Subchapter III (title) of chapter 139 [precedes 139.75] of the
15statutes is amended to read:
SB111,1213,1616
CHAPTER 139
SB111,1213,1917
SUBCHAPTER III
18
TOBACCO PRODUCTS
TAX and
19
vapor products taxes
SB111,2254
20Section 2254
. 139.75 (1m) of the statutes is created to read:
SB111,1213,2421
139.75
(1m) “Cigar” means a roll, of any size or shape, of tobacco for smoking
22that is made wholly or in part of tobacco, regardless of whether the tobacco is pure,
23flavored, adulterated, or mixed with an ingredient if the roll has a wrapper made
24wholly or in part of tobacco.
SB111,2255
25Section 2255
. 139.75 (4t) of the statutes is created to read:
SB111,1214,2
1139.75
(4t) “Little cigar” means a cigar that has an integrated cellulose acetate
2filter and is wrapped in a substance containing tobacco.
SB111,2256
3Section 2256
. 139.75 (5b) of the statutes is created to read:
SB111,1214,154
139.75
(5b) “Manufacturer's list price" means the total price of tobacco
5products charged by the manufacturer or other seller to an unrelated distributor.
6The total price shall include all charges by the manufacturer or other seller that are
7necessary to complete the sale. The total price may not be reduced by any cost or
8expense, regardless of whether the cost or expense is separately stated on an invoice,
9that is incurred by the manufacturer or other seller, including fees, delivery, freight,
10transportation, packaging, handling, marketing, federal excise taxes, and import
11fees or duties. The total price may not be reduced by the value or cost of discounts
12or free promotional or sample products. For purposes of this subsection, a
13manufacturer or other seller is related to a distributor if the two parties have
14significant common purposes and either substantial common membership or,
15directly or indirectly, substantial common direction or control.
SB111,2257
16Section 2257
. 139.75 (12) of the statutes is amended to read:
SB111,1214,2417
139.75
(12) “Tobacco products" means cigars;
little cigars, cheroots; stogies;
18periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco;
19snuff, including moist snuff; snuff flour; cavendish; plug and twist tobacco; fine cut
20and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings
21of tobacco and other kinds and forms of tobacco prepared in such manner as to be
22suitable for chewing or smoking in a pipe or otherwise, or both for chewing and
23smoking; but “tobacco products" does not include cigarettes, as defined under s.
24139.30 (1m).
SB111,2258
1Section
2258. 139.75 (14) of the statutes is renumbered 139.75 (14) (a) and
2amended to read:
SB111,1215,93
139.75
(14) (a) “Vapor product” means a noncombustible product
that produces
4vapor or aerosol for inhalation from the application of a heating element to a liquid
5or other substance that is depleted as the product is used, regardless of whether the
6liquid or other substance contains nicotine, which may or may not contain nicotine,
7that employs a heating element, power source, electronic circuit, or other electronic,
8chemical, or mechanical means, regardless of shape or size, that can be used to
9produce vapor from a solution or other substance.
SB111,2259
10Section 2259
. 139.75 (14) (b) and (c) of the statutes are created to read:
SB111,1215,1111
139.75
(14) (b) “Vapor product” includes all of the following: