Increases penalties for certain prohibited sales of tobacco and vapor products.

A425 TR

ASSEMBLY, No. 425

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL VENEZIA

District 34 (Essex)

Assemblywoman TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

Co-Sponsored by:

Assemblywomen Reynolds-Jackson, Tucker, Assemblymen
Sampson, Bailey, Assemblywomen Morales, Collazos-Gill, Speight, Carter and
Donlon

SYNOPSIS

���� Increases penalties for certain prohibited sales of
tobacco and vapor products.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Health Committee with
technical review.

��

An Act

concerning tobacco and vapor products, and
amending P.L.2000, c.87 and P.L.1987, c.423.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����� 1.�� Section
1 of P.L.2000, c.87 (C.2A:170-51.4) is amended to read as follows:

����� 1.
a. No
[
person
]
retailer
,
either directly or indirectly by an agent or employee, or by a vending machine
owned by the
[
person
]
retailer

or located in the
[
person�s
]
retailer�s
establishment, shall sell, offer for sale, distribute for commercial
purpose at no cost or minimal cost or with coupons or rebate offers, give or
furnish, to a person under 21 years of age
[
:

����� (1)� any
cigarettes made of tobacco or of any other matter or substance which can be
smoked, or any cigarette paper or tobacco in any form, including smokeless
tobacco; or

����� (2)� any
electronic smoking device that can be used to deliver nicotine or other
substances to the person inhaling from the device, including, but not limited
to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or
other component of the device or related
]

any tobacco
product.

����� b.�� The
establishment of all of the following shall constitute a defense to any
prosecution brought pursuant to subsection a. of this section:

����� (1)� that
the purchaser of the tobacco product
[
or electronic
smoking device
]
or the
recipient of the promotional sample falsely represented, by producing either a
driver's license or non-driver identification card issued by the New Jersey
Motor Vehicle Commission, a similar card issued pursuant to the laws of another
state or the federal government of Canada, or a photographic identification
card issued by a county clerk, that the purchaser or recipient was of legal age
to make the purchase or receive the sample;

����� (2)� that
the appearance of the purchaser of the tobacco product
[
or electronic smoking device
]
or the recipient of the promotional sample was such
that an ordinary prudent person would believe the purchaser or recipient to be
of legal age to make the purchase or receive the sample; and

����� (3)� that
the sale or distribution of the tobacco product
[
or electronic smoking device
]
was made in good faith, relying upon the production
of the identification set forth in paragraph (1) of this subsection, the
appearance of the purchaser or recipient, and in the reasonable belief that the
purchaser or recipient was of legal age to make the purchase or receive the
sample.

����� c.��
(1)

A
[
person who
]

retailer that
violates the provisions of
subsection a. of this section
[
, including an
employee of a retail dealer licensee under P.L.1948, c.65 (C.54:40A-1 et seq.)
who actually sells or otherwise provides a tobacco product to a person under 21
years of age,
]
shall be
liable to a civil penalty of
[
not less than
$250
]

$750

for the first violation,
[
not less than $500
]

$1,500
for the second violation, and
[
$1,000
]

$3,000

for the third and each subsequent violation.� The civil penalty shall be
collected pursuant to the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the
municipal court having jurisdiction.� An official authorized by statute or
ordinance to enforce the State or local health codes or a law enforcement
officer having enforcement authority in that municipality may issue a summons
for a violation of the provisions of subsection a. of this section, and may
serve and execute all process with respect to the enforcement of this section
consistent with the Rules of Court.� A penalty recovered under the provisions
of this subsection shall be recovered by and in the name of the State by the
local health agency.� The penalty shall be paid into the treasury of the
municipality in which the violation occurred for the general uses of the
municipality.

�����
(2)
Five percent of the penalties recovered under the provisions of this subsection
shall be transferred to the Department of Health and shall be used by the
department to fund educational programs and outreach initiatives to inform the
public, retailers, and minors of the dangers of vapor products and the
consequences of selling or using vapor products illegally.

����� d.��
(1)

In addition to the provisions of subsection c. of this section, upon the
recommendation of the municipality, following a hearing by the municipality,
the Division of Taxation in the Department of the Treasury may suspend or,
after a second or subsequent violation of the provisions of subsection a. of
this section, revoke the license issued under section 202 of P.L.1948, c.65
(C.54:40A-4) of a retail dealer.� The licensee shall be subject to
administrative charges, based on a schedule issued by the Director of the
Division of Taxation, which may provide for a monetary penalty in lieu of a
suspension.

�����
(2)
The Division of Taxation in the Department of the Treasury shall establish a
process by which retail dealers report to the division efforts on behalf of the
retail dealer to comply with the provisions of subsection a. of this section.

�����
(3)
The Division of Taxation in the Department of the Treasury shall establish a
mechanism by which an individual may anonymously report to the division a
violation of the provisions of subsection a. of this section.

����� e.�� A
penalty imposed pursuant to this section shall be in addition to any penalty
that may be imposed pursuant to section 3 of P.L.1999, c.90 (C.2C:33-13.1).

�����
f.��� As
used in this section:

����� �
Tobacco
product� means: any product containing, made of, or derived from tobacco or
nicotine that is intended for human consumption or is likely to be consumed,
whether inhaled, absorbed, or ingested by other means, including, but not
limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus;
any vapor product; and any component, part, or accessory of a product
containing, made of, or derived from tobacco or nicotine or a vapor product,
regardless of whether the component, part, or accessory contains tobacco or
nicotine.� �Tobacco product� includes, but is not limited to, filters, rolling
papers, blunt or hemp wraps, hookahs, and pipes.� �Tobacco product� does not
include any drug, device, or combination product approved by the federal Food
and Drug Administration pursuant to the �Federal Food, Drug, and Cosmetic Act,�
21 U.S.C. s.301 et seq.

�����
�Vapor
product� means any device that may be used to deliver any aerosolized or
vaporized substance to the person inhaling from the device, including, but not
limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.� �Vapor
product� includes any component, part, or accessory of the device, and also
includes any substance that may be aerosolized or vaporized by such device,
regardless of whether the substance contains nicotine.� �Vapor product� does
not include any drug, device, or combination product approved by the federal
Food and Drug Administration pursuant to the �Federal Food,
Drug, and Cosmetic Act,� 21 U.S.C. s.301 et seq.

(cf:
P.L.2017, c.118, s.2)

����� 2.�� Section
2 of P.L.1987, c.423 (C.54:40A-4.1) is amended to read as follows:

����� 2.�� Notwithstanding
any other provision of law to the contrary, a person to whom a license is
issued pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) shall, as a condition of
the license, conspicuously post a legible sign at the point of display of the
tobacco products and at the point of sale.� The sign, which also shall be
posted conspicuously on any licensed cigarette vending machine, shall be at
least six inches by three inches in bold letters at least one-quarter inch high
and shall read as follows:

���� "A

[
person who
]

retailer that
sells or offers to sell a
tobacco product to a person under 21 years of age shall pay a penalty of up to
[
$1,000
]
�
$3,000

and may be subject to a license suspension or revocation.

���� 3.� This act shall take effect
180 days after the date of enactment.