00                     CS FOR HOUSE BILL NO. 224(FIN) am                                                                  
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 19 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                                                                                                 
06                      (A)  prescribed by a health care professional;                                                     
07                      (B)  given to a person by the person's parent or legal guardian;                                   
08                      (C)  provided by a state-approved tobacco cessation program                                        
09            administered by the Department of Health and Social Services; or                                             
10                      (D)  provided by a pharmacist to a person 18 years of age or                                       
11            older without a prescription.                                                                                
12            (c)  An employer is legally accountable as provided in AS 11.16.110 for the                                  
13       conduct of an employee who violates (a) of this section if the employer negligently                               
14       fails to advise the employee regarding the conduct prohibited in (a) of this section.                             
15            (d)  In this section, "product containing nicotine" does not include a cigarette, a                          
16       cigar, tobacco, or a product containing tobacco.                                                                  
17            (e)  Selling or giving a product containing nicotine to a minor is a violation                               
18       and, upon conviction, is punishable by a fine of not less than $300.