Tobacco and vaping smoking age

S.E.A. 1, P.L. 49
Effective: July 1, 2020

  • Prohibits a person who is less than 21 years of age from buying or possessing: (1) tobacco; (2) e-liquids; or (3) electronic cigarettes. Makes conforming changes regarding enforcement provisions, sales certificates, prohibition of delivery sales, and notices posted at retail establishments and at vending machines.
  • Provides that a retail establishment that sells an e-liquid to a person less than 21 years of age is subject to a civil judgment for an infraction. Doubles the civil judgment for an infraction for: (1) a retail establishment that sells or distributes tobacco, an e-liquid, or an electronic cigaretteto a person less than 21 years of age; and (2) certain retail establishments that allow an underage person to enter their establishment.
  • Modifies the time frame for when retail establishments may receive enhanced penalties for repeat e-liquid and tobacco products violations.
  • Requires a merchant who mails or ships cigarettes as part of a delivery sale to use a shipping service that requires a customer to present identification if they appear to be less than 30 years of age.
  • Provides that a tobacco sales certificate (certificate) may only be issued to a person who has not had an interest in a certificate revoked by the commission for a business location within one year.
  • Makes it a Class C misdemeanor if a tobacco and vaping business operates within 1,000 feet of a public or private elementary or secondary school.
  • Provides that a retail establishment in which tobacco products, electronic cigarettes, and e-liquids account for at least 85% of the retail establishment’s gross sales: (1) may not allow a person who is less than 21 years of age to enter the retail establishment; and (2) is not subject to a statute prohibiting sales of tobacco or electronic cigarettes through a self-service display.
  • Makes it a Class B infraction for a person to knowingly sell tobacco, an e-liquid, or an electronic cigarette that contains vitamin E acetate.

Read the bill at: http://iga.in.gov/legislative/2020/bills/senate/1