SB70,26077118Section 2607. Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:
SB70,,71197119CHAPTER 254
SB70,,71207120SUBCHAPTER IX
SB70,,71217121SALE OR GIFT OF CIGARETTES,
SB70,,71227122NICOTINE PRODUCTS, VAPOR
SB70,,71237123PRODUCTS, OR TOBACCO
SB70,,71247124PRODUCTS TO MINORS
SB70,26087125Section 2608. 254.911 (11) of the statutes is created to read:
SB70,,71267126254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).
SB70,26097127Section 2609. 254.916 (2) (intro.) of the statutes is amended to read:
SB70,,71287128254.916 (2) (intro.) With the permission of his or her parent or guardian, a A person under 18 21 years of age, but not under 15 years of age, may buy, attempt to buy, or possess any cigarette, nicotine product, or tobacco product, or vapor product if all of the following are true:
SB70,26107129Section 2610. 254.916 (2) (d) of the statutes is created to read:
SB70,,71307130254.916 (2) (d) If the person is under 18 years of age, he or she has obtained permission from his or her parent or guardian to participate in the investigation.
SB70,26117131Section 2611. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
SB70,,71327132254.916 (3) (a) If questioned about his or her age during the course of an investigation, the minor person under 21 years of age shall state his or her true age.
SB70,,71337133(b) A minor person under 21 years of age may not be used for the purposes of an investigation at a retail outlet at which the minor person is a regular customer.
SB70,,71347134(c) The appearance of a minor person under 21 years of age may not be materially altered so as to indicate greater age.
SB70,,71357135(d) A photograph or videotape of the minor person under 21 years of age shall be made before or after the investigation or series of investigations on the day of the investigation or series of investigations. If a prosecution results from an investigation, the photograph or videotape shall be retained until the final disposition of the case.
SB70,26127136Section 2612. 254.916 (3) (f) 2. of the statutes is amended to read:
SB70,,71377137254.916 (3) (f) 2. The age of the minor person under 21 years of age.
SB70,26137138Section 2613. 254.916 (11) of the statutes is amended to read:
SB70,,71397139254.916 (11) A person conducting an investigation under this section may not have a financial interest in a regulated cigarette and tobacco product retailer, a vapor product retailer, a tobacco vending machine operator, a tobacco vending machine premises, or a tobacco vending machine that may interfere with his or her ability to properly conduct that investigation. A person who is investigated under this section may request the local health department or local law enforcement agency that contracted for the investigation to conduct a review under ch. 68 to determine whether the person conducting the investigation is in compliance with this subsection or, if applicable, may request the state agency or state law enforcement agency that contracted for the investigation to conduct a contested case hearing under ch. 227 to make that determination. The results of an investigation that is conducted by a person who is not in compliance with this subsection may not be used to prosecute a violation of s. 134.66 (2) (a) or (am) or a local ordinance adopted under s. 134.66 (5).
SB70,26147140Section 2614. 254.92 (title) of the statutes is amended to read:
SB70,,71417141254.92 (title) Purchase or possession of cigarettes or, tobacco products, nicotine products, or vapor products by person under 18 21 prohibited.
SB70,26157142Section 2615. 254.92 (1) of the statutes is amended to read:
SB70,,71437143254.92 (1) No person under 18 21 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product, or vapor product.
SB70,26167144Section 2616. 254.92 (2) of the statutes is amended to read:
SB70,,71457145254.92 (2) No person under 18 21 years of age may purchase, attempt to purchase, or possess any cigarette, nicotine product, or tobacco product, or vapor product except as follows:
SB70,,71467146(a) A person under 18 21 years of age may purchase or possess cigarettes, nicotine products, or tobacco products, or vapor products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.