SB 141: "An Act relating to possession of an electronic smoking device, e-liquid or e-liquid product, vapor product, or alternative tobacco product by a minor and to selling or giving an electronic smoking device, e-liquid or e-liquid product, vapor product, or alternative tobacco product to a minor."
00 SENATE BILL NO. 141 01 "An Act relating to possession of an electronic smoking device, e-liquid or e-liquid 02 product, vapor product, or alternative tobacco product by a minor and to selling or 03 giving an electronic smoking device, e-liquid or e-liquid product, vapor product, or 04 alternative tobacco product to a minor." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.76.105(a) is amended to read: 07 (a) A person under 19 years of age may not knowingly possess a cigarette, an 08 electronic smoking device, e-liquid or e-liquid product, vapor product, 09 alternative tobacco product, [A] cigar, tobacco, or a product containing tobacco in 10 this state. This subsection does not apply to a person who is a prisoner at an adult 11 correctional facility. 12 * Sec. 2. AS 11.76.109(a) is amended to read: 13 (a) A person commits the offense of selling or giving an electronic smoking 14 device, e-liquid or e-liquid product, vapor product, alternative tobacco product,
01 or a product containing nicotine to a minor if the person 02 (1) negligently sells an electronic smoking device, e-liquid or e- 03 liquid product, vapor product, alternative tobacco product, or a product 04 containing nicotine to a person under 19 years of age; or 05 (2) is 19 years of age or older and negligently exchanges or gives an 06 electronic smoking device, e-liquid or e-liquid product, vapor product, 07 alternative tobacco product, or a product containing nicotine to a person under 19 08 years of age. 09 * Sec. 3. AS 11.76.109(b) is amended to read: 10 (b) The provisions of (a) of this section do not apply to the sale, exchange, or 11 gift to a person under 19 years of age of an electronic smoking device, e-liquid or e- 12 liquid product, vapor product, alternative tobacco product, or a product 13 containing nicotine that is intended or expected to be consumed without being 14 combusted if the electronic smoking device, e-liquid or e-liquid product, vapor 15 product, alternative tobacco product, or product 16 (1) has been approved by the United States Food and Drug 17 Administration for sale as a tobacco use cessation or harm reduction product or for 18 other medical purposes; 19 (2) is being marketed and sold solely for the approved purposes; and 20 (3) is 21 (A) prescribed by a health care professional; 22 (B) given to a person by the person's parent or legal guardian; 23 (C) provided by a state-approved tobacco cessation program 24 administered by the Department of Health and Social Services; or 25 (D) provided by a pharmacist to a person 18 years of age or 26 older without a prescription. 27 * Sec. 4. AS 11.81.900(b) is amended by adding new paragraphs to read: 28 (67) "alternative tobacco product" means a product that consists of or 29 contains nicotine or any substance derived from tobacco or synthesized to resemble 30 nicotine that is ingested by chewing, smoking, absorbing, dissolving, inhaling, 31 snorting, sniffing, or by any other means; "alternative tobacco product" does not
01 include a cigarette, tobacco product, vapor product, or other product that is a drug 02 under 21 U.S.C. 321(g)(1), a product that is a device under 21 U.S.C. 321(h), or a 03 product that constitutes a combination drug, device, or combination product as 04 described in 21 U.S.C. 353(g); 05 (68) "electronic smoking device" 06 (A) means 07 (i) an electronic cigarette, electronic cigar, electronic 08 cigarillo, electronic pipe, or other similar device that is used to 09 aerosolize and deliver nicotine or other substances to the person 10 inhaling from the device; and 11 (ii) a component, solution, alternative tobacco product, 12 e-liquid or e-liquid product, vapor product, or other related product of 13 an electronic cigarette, electronic cigar, electronic cigarillo, electronic 14 pipe, or other similar device; 15 (B) does not include a drug, device, or combination product 16 approved for sale by the United States Food and Drug Administration, as those 17 terms are defined in 21 U.S.C. 301-399f (Food, Drug, and Cosmetic Act); 18 (69) "e-liquid or e-liquid product" means a liquid product that is 19 vaporized and inhaled when using a vapor product and may contain 20 (A) flavorings; 21 (B) propylene glycol; 22 (C) vegetable glycerin; 23 (D) nicotine from any source; or 24 (E) any product derived from tobacco or synthesized to 25 resemble the effects of tobacco on the body; 26 (70) "vapor product" means a device that simulates smoking, 27 regardless of whether a visible vapor is produced, and that is 28 (A) an electronic oral device of any size or shape; 29 (B) a device composed of a heating element, battery element, 30 electronic circuit, chemical process, mechanical device, or a combination; 31 (C) a device that works in combination with a cartridge, other
01 container, or liquid delivery device containing nicotine or any other substance 02 manufactured for use with a vapor product; or 03 (D) a device that is manufactured, distributed, marketed, or 04 sold as any type of derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or 05 any other similar device that contains or produces a vapor of nicotine, e-liquid 06 or e-liquid product, or any other substance; "vapor product" does not include a 07 drug, device, or combination product, as defined in 21 U.S.C. 301-399f (Food, 08 Drug, and Cosmetic Act), that is approved for sale by the United States Food 09 and Drug Administration. 10 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. AS 11.76.105(a), as amended by sec. 1 of this Act, 13 AS 11.76.109(a), as amended by sec. 2 of this Act, and AS 11.76.109(b), as amended by sec. 14 3 of this Act, apply to offenses committed on or after the effective date of this Act.