Tag: Tobacco 21

  • FDA Issues Final Rule to Raise Minimum Sales Age

    FDA Issues Final Rule to Raise Minimum Sales Age

    Credit: Onticello

    The U.S. Food and Drug Administration announced a final rule raising the minimum age for certain restrictions on tobacco product sales. The requirements are in line with legislation signed in December 2019, which immediately raised the federal minimum age for the sale of tobacco products in the United States from 18 to 21.

    Once implemented, the requirements are expected to help decrease underage tobacco sales.  

    Beginning Sept. 30, retailers must verify with photo identification the age of anyone under the age of 30 who is trying to purchase tobacco products, including e-cigarettes. Previously, this requirement applied to anyone under the age of 27. It’s important for retailers to request and examine photo IDs to verify age from anyone under 30, regardless of appearance, as research has shown that it is difficult for retailers to accurately determine the age of a customer from appearance alone. 

    Additionally, starting Sept. 30, retailers may not sell tobacco products via vending machines in facilities where individuals under 21 are present or permitted to enter at any time. Previously, this prohibition applied to facilities where individuals under 18 were present or permitted to enter at any time.

    These changes, and the other changes made by the final rule, aim to maximize the public health impact of the original December 2019 legislation, according to an agency press release.

    “Today’s rule is another key step toward protecting our nation’s youth from the health risks of tobacco products,” said Brian King, director of the FDA’s Center for Tobacco Products. “Decades of science have shown that keeping tobacco products away from youth is critical to reducing the number of people who ultimately become addicted to these products and suffer from tobacco-related disease and death.”

    The Further Consolidated Appropriations Act, signed into law on Dec. 20, 2019, increased the federal minimum age for selling tobacco products from 18 to 21 across the United States. Since then, it has been illegal to sell tobacco products, including e-cigarettes, to anyone under 21. The law also directed the FDA to take action today, increasing the age of certain requirements for tobacco product sales, as explained above.

    The agency also continues to provide retailers with resources to improve compliance with tobacco laws and regulations, including age of sale restrictions. For example, the FDA has developed a voluntary education program, “This is Our Watch,” which offers free resources to assist retailers in calculating the age of customers, including a digital age verification calendar and an age calculator app. Retailers can also find information on tobacco products that may be legally marketed in the United States through the Searchable Tobacco Products Database. Updated resources, including further information on these latest requirements, will be made available on the FDA’s website in the near future.

  • Alaska Senate Again Sends Tobacco 21 Bill to House

    Alaska Senate Again Sends Tobacco 21 Bill to House

    Credit: Yossarian6

    Last week, the Alaska Senate voted 14-6 in favor of S.B. 89, a bill that would change the state’s minimum age to purchase and possess vaping and other tobacco products from 19 to 21 years old.

    If approved, the bill would align Alaska’s state law with the federal standard.

    ​​The bill also would impose a statewide tax of 25 percent on e-cigarettes. A similar bill was vetoed by Gov. Dun Mike Dunleavy last fall.

    The 25 percent statewide tax would add to Alaska municipal nicotine taxes already in place, such as Juneau, which currently taxes 45 percent, or $3 a pack, on the wholesale price of tobacco products, according to City and Borough of Juneau Finance Director Jeff Rogers.

    The action would also allow local law enforcement to enforce the federal Tobacco 21 standard and ensure the state doesn’t lose out on grants and other funds it can receive for having its tobacco laws in line with the federal standard, reports Charlie Minato with Halfwheel.

    S.B. 89 would make it illegal for anyone to sell or give tobacco or vaping products to anyone under the age of 21 years old. Those caught selling or giving tobacco or vaping products to someone under the age of 21 would be subject to a fine of at least $300.

    The bill would also introduce fines for those under the age of 21 years old caught possessing tobacco or vaping products. They would be subject to a fine of no more than $150 and could be subject to a tobacco education program.

    In December 2019, President Donald Trump signed a large federal spending bill that also included a provision increasing the minimum age to purchase tobacco products from 18 to 21 years old at the federal level.

    While the federal law already exists, its enforcement is restricted to those who sell tobacco products and not the consumers. The vast majority of U.S. states have updated their laws to make them consistent with the federal standard.

    S.B. 89 now moves onto the Alaska House of Representatives.

    Last year, Alaska’s governor vetoed a Tobacco 21 bill because it included a 35 percent tax increase on vaping products.

  • Kansas Set to Raise Purchase Age of Tobacco to 21

    Kansas Set to Raise Purchase Age of Tobacco to 21

    The Kansas Senate passed House Bill 2269, 28-11, which will raise the minimum tobacco purchasing age in the state to 21 from 18, reports ksnt.com. The bill now heads to the governor’s desk.

    The bill would bring Kansas into compliance with federal law, making it illegal for a retailer to sell tobacco products, including electronic cigarettes and cigarettes, to anyone under the age of 21.

    Representative Tom Kessler, a Republican from Wichita who carried the bill, said the state could lose funding from the federal government if the legislation is not enacted. “We do stand to lose a little bit of funding if we don’t conform with federal law,” Kessler said. “We’re going to lose about $1.2 million of funding if we don’t make this transition within the window that the feds allowed us to.”

    Representative John Eplee said that some retailers in the state have moved toward federal compliance but others have not, making federal law harder to enforce. “Most vendors have already complied with this, but are not required to, and it makes enforcement ‘herky jerky’ in our state,” Eplee said. “Forty-six other states have already fallen into compliance … we’re just asking Kansas to do the same thing.”

  • Alaska’s Senate President Reintroduces Vape Tax Bill

    Alaska’s Senate President Reintroduces Vape Tax Bill

    Credit: Casimiro

    Last year, Alaska’s Gov. Mike Dunleavy vetoed his first bill in office, S.B. 45, which would have increased the minimum age to purchase tobacco products from 19 to 21 years old, bringing it in line with the federal Tobacco 21 standard that was passed in late 2019.

    Dunleavy didn’t state whether he supported the minimum purchasing age increase, but the bill would have also introduced a tax of 35 percent of the wholesale price on vaping and e-cigarette products and new taxes were not on the governor’s agenda.

    “There were many conversations about what an appropriate level to tax would be, but ultimately a tax increase on the people of Alaska is not something I can support,” Dunleavy wrote in his veto letter to Senate President Peter Micciche.

    The sponsor of SB 45 has now introduced a new bill that would do much of the same as the 2022 bill, writes Charlie Minato with Halfwheel. 

    Alaska Sen. Gary Stevens, has introduced SB 89 alongside Micciche, which would change a number of laws regarding the sale of tobacco and vaping products in Alaska, including:

    • Increasing the minimum age to purchase tobacco, nicotine or vaping products from 19- to 21-year-olds.
    • Introducing fines of up to $300 for anyone under the age of 21 years olds caught in possession of tobacco, nicotine or vaping products.
    • Banning the internet sale of tobacco, nicotine and vaping products except under certain conditions.
    • Introducing a tax on vaping products of 25 percent of the wholesale price.

    Regarding the internet sales ban, there is an exception made if the sale is “by a retailer who sells primarily cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine and who restricts access to the premises to only those individuals who are 21 years of age or older.”

    There are some exceptions. For example, certain vaping products sold at military facilities would not be subject to the new tax on vapor products. That said, the bill also contains language that could make it illegal for a person to ship tobacco products to someone else in Alaska.

    The bill’s text seems to indicate that at least one of the parties involved in the shipment—the shipper or the recipient—likely needs to have a tobacco license or meet other special circumstances, if not, the shipment would be deemed illegal.

  • Vape Tax, Tobacco 21 Clears Alaska Senate, Heads to House

    Vape Tax, Tobacco 21 Clears Alaska Senate, Heads to House

    Credit: Yossarian6

    The Alaska Senate on Wednesday evening passed a bill that would raise the legal age to buy and sell vaping and other tobacco products from 19 to 21. It would also impose the first statewide tax on vaping.

    If the bill passes through the Alaska House of Representatives, e-cigarettes or vapes would be taxed at 45 percent of their wholesale price, according to Alaska’s News Source. The Senate passed SB 45 on a 15-4 vote. All four of the “no” votes were by Republicans.

    There would be some exceptions under the new bill if it becomes law. Alaskans who are 19 and older who currently sell tobacco products would be grandfathered into the new age limits. Tobacco cessation devices that are approved by the Food and Drug Administration would not incur the new tax rate for e-cigarettes.

    SB 45 also toughens up age-verification requirements for sellers of tobacco while cutting the fine on violations for underage smokers from a maximum of $500 to $300.

    In 2019, former President Donald Trump signed a bill into law that raised the federal age to consume tobacco products to 21. Alaska is currently one of 12 states that have not made the same shift in state law.

    The legislative session must end by May 18.

  • Idaho Senate Passes 21 Age-to-Purchase E-Cigs Bill

    Idaho Senate Passes 21 Age-to-Purchase E-Cigs Bill

    Credit: Devin Allphin

    The state Senate of Idaho narrowly passed a bill meant to clarify the legal age for vaping and tobacco product purchases with a 19-15 vote Tuesday.

    Under federal law, people must be 21 or older to legally purchase or possess tobacco or vaping products. Congress raised the age limit from 18 to 21 in 2019. Idaho law, however, still lists 18 as the legal age for tobacco purchases.

    Senate Bill 1284 changes that to 21, bringing Idaho law into symmetry with federal law, according to news reports.

    Sen. Fred Martin, the bill’s sponsor, said the disparity between state and federal law causes confusion for Idaho retailers. Although they’re required to comply with the federal age limit, the signs they have to post indicate that 18 is the minimum age under state law.

  • Governor Inks Bill to Regulate Vapor Products in Florida

    Governor Inks Bill to Regulate Vapor Products in Florida

    Florida lawmakers have overwhelmingly passed a bill signed by Governor Ron DeSantis Friday that will create a state regulatory framework for the sale of electronic cigarettes. The bill (SB 1080) will take effect Oct. 1. Among other things, the bill will raise the state’s legal age to vape and smoke tobacco to 21, a threshold already established in federal law.

    Credit: Giban

    It also would create a state regulatory framework for the sale of vapor products. The bill would ban vaping or smoking tobacco within 1,000 feet of a school and makes it illegal for local communities to create any regulations impacting the “marketing, sale, or delivery of, tobacco products.” It would also require retailers to obtain a “tobacco” permit.

    House sponsor Jackie Toledo, R-Tampa, said before the bill passed that it is aimed at preventing minors from using electronic cigarettes. “This bill is necessary to stop youth vaping,” Toledo said.

     

  • Alabama Passes Vape Bill With Heavy Restrictions

    Alabama Passes Vape Bill With Heavy Restrictions

    The Alabama House of Representatives passed a vaping bill that will prevent vape manufactures and retailers from using advertising techniques designed to appeal to young people, such as incorporating characters from comic books in ad campaigns. It would also prevent makers of vape pods and cartridges from claiming the taste of their product resembled “candies, cakes, or other sugary treats.”

    Credit: David Mark

    The legislation, HB 273, also changes Alabama’s law to mirror the federally established age to purchase vaping products, 21. The bill would require the Alabama Department of Revenue to build and maintain a directory of businesses that sell and manufacture vape cartridges, e-liquids and any alternative nicotine product in Alabama. Furthermore, it would require the relevant businesses to pay for certification in the directory.

    Selling vape cartridges and e-cigarettes in vending machines would be banned under HB 273. Manufacturers and retailers of nicotine products like vapes and e-cigarettes will also be required to post notices about the dangers of their usage, such as exposure to toxic metals. All locations selling vapes and any nicotine delivery system would be required to post a prominent sign near where customers check out that displays 21 as the legal age to buy nicotine products.

    The bill is sponsored by Rep. Barbara Drummond (D-Mobile). Two Republican members, Reps. Debbie Wood (R-Valley) and David Faulkner (R-Mountain Brook), are among the cosponsors of the legislation. It passed the House on a bipartisan vote of 74-18 with two abstentions. They say the bill is designed to reduce the use of e-cigarettes and vaporizers among young people.

    “My issue has always been to safeguard the welfare of young people,” Drummond said on the floor about her proposed law, according to the Yellow Hammer News.

    Each business entity that deals with vaping would have to pay the state an initial $2,000 certification fee, and each subsequent year would have to pay a $500 renewal for continued certification. Funds from the fees would go to implementing and maintaining the directory.

    “There are some bad actors out there selling this stuff illegally right now,” noted Drummond about the need for a registry, further explaining that the registry makes the job of law enforcement easier.