00                      CS FOR HOUSE BILL NO. 224(JUD)                                                                    
01 "An Act prohibiting the sale or gift of a product containing nicotine to a minor under                                  
02 certain conditions."                                                                                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.76 is amended by adding a new section to read:                                                  
05            Sec. 11.76.109. Selling or giving product containing nicotine to a minor. (a)                              
06       A person commits the offense of selling or giving a product containing nicotine to a                              
07       minor if the person                                                                                               
08                 (1)  negligently sells a product containing nicotine to a person under 19                               
09       years of age; or                                                                                                  
10                 (2)  is 19 years of age or older and negligently exchanges or gives a                                   
11       product containing nicotine to a person under 19 years of age.                                                    
12            (b)  The provisions of (a) of this section do not apply to the sale, exchange, or                            
13       gift to a person under 18 years of age of a product containing nicotine that is intended                          
14       or expected to be consumed without being combusted if the product                                                 

01                 (1)  has been approved by the United States Food and Drug                                               
02       Administration for sale as a tobacco use cessation or harm reduction product or for                               
03       other medical purposes;                                                                                           
04                 (2)  is being marketed and sold solely for the approved purposes; and                                   
05                 (3)  is prescribed by a health care professional or given to a person                                   
06       under 18 years of age by the person's parent or legal guardian.                                                   
07            (c)  In this section, "product containing nicotine" does not include a cigarette, a                          
08       cigar, tobacco, or a product containing tobacco.                                                                  
09            (d)  Selling or giving a product containing nicotine to a minor is a violation                               
10       and, upon conviction, is punishable by a fine of not less than $300.