SCS CSHB 37(HES): "An Act relating to restricting sale of cigarettes, to enforcement of certain laws relating to sales of cigarettes, and to smoking education and cessation programs administered by the Department of Health and Social Services."
00SENATE CS FOR CS FOR HOUSE BILL NO. 37(HES) 01 "An Act relating to restricting sale of cigarettes, to enforcement of certain laws 02 relating to sales of cigarettes, and to smoking education and cessation programs 03 administered by the Department of Health and Social Services." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 43.70.075 is amended by adding new subsections to read: 06 (g) A person who is required to hold a business license endorsement under this 07 section, or who is licensed or agrees to be licensed under AS 43.50.010, or an agent 08 or employee of the person, may not 09 (1) sell cigarettes to another person unless the cigarettes are sold in 10 groups of at least 20 and the cigarettes are in the manufacturer's original cigarette pack 11 or contained in a cigarette carton or box; or 12 (2) sell or possess cigarettes if the cigarette package 13 (A) differs in any respect from the requirements of 15 U.S.C. 14 1331 - 1341 (Cigarette Labeling and Advertising Act) for the placement of
01 warnings or of any other information upon a package of cigarettes that is sold 02 within the United States; 03 (B) is labeled "For Export Only," "U.S. Tax Exempt," "For Use 04 Outside U.S.," or with similar wording indicating that the manufacturer did not 05 intend that the product be sold in the United States; this subparagraph does not 06 apply to cigarettes sold or intended to be sold as duty-free merchandise by a 07 duty-free sales enterprise under 19 U.S.C. 1555(b); however, this subparagraph 08 does apply to duty-free cigarettes that are brought back into the state for resale 09 in the state; 10 (C) has been altered by adding, masking, or deleting wording 11 described in (B) of this paragraph. 12 (h) A violation of (g) of this section is an unfair or deceptive act or practice 13 under AS 45.50.471. 14 (i) The commissioner or the commissioner of revenue may seize cigarettes that 15 do not comply with this section. After notice and an opportunity for a hearing, the 16 commissioner or the commissioner of revenue shall destroy cigarettes seized under this 17 subsection. 18 * Sec. 2. AS 44.29.020(a) is amended to read: 19 (a) The Department of Health and Social Services shall administer the state 20 programs of public health and social services, including 21 (1) maternal and child health services; 22 (2) preventive medical services; 23 (3) public health nursing services; 24 (4) nutrition services; 25 (5) health education; 26 (6) laboratories; 27 (7) mental health treatment and diagnosis; 28 (8) management of state institutions, except for adult penal institutions; 29 (9) medical facilities; 30 (10) adult public assistance; 31 (11) Alaska temporary assistance program;
01 (12) child welfare services; 02 (13) general relief; [AND] 03 (14) licensing and supervision of child care facilities ; and 04 (15) a comprehensive smoking education, tobacco use prevention, 05 and tobacco control program; to the maximum extent possible, the department 06 shall conduct the program required under this paragraph by grant or contract 07 with more than one organization in the state; the department's program must 08 include 09 (A) a community-based smoking cessation component using 10 cessation aids such as a nicotine patch or a gum tobacco substitute; 11 (B) school-based efforts; 12 (C) anti-tobacco marketing; 13 (D) tobacco use surveillance and evaluation; and 14 (E) enforcement components .