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AB524: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2352/1
JAM:skw
2025 ASSEMBLY BILL 524
October 15, 2025 - Introduced by Representatives
Mursau
,
Hurd
,
Arney
,
Dittrich
,
Gundrum
,
Gustafson
,
Johnson
,
Maxey
,
Miresse
,
Nedweski
,
O'Connor
,
Palmeri
,
Piwowarczyk
,
Sinicki
,
Snyder
and
Stroud
, cosponsored by Senators
James
,
Marklein
,
Carpenter
and
Wanggaard
. Referred to Committee on State Affairs.
AB524,1,12
1
An Act
to repeal
134.66 (4) (b);
to renumber
134.66 (4) (a) 2.;
to renumber
2
and amend
134.66 (4) (a) 1., 134.66 (4) (a) 3. and 134.66 (4) (a) 4.;
to amend
3
134.65 (1a) (b), 134.66 (title), 134.66 (1) (g), 134.66 (2) (a), (am), (b) and (cm)
4
1m., 134.66 (2m) (a), 134.66 (3) (intro.), (a), (b) and (c), 139.30 (10), 139.345 (3)
5
(a) (intro.), 139.345 (3) (b) 2., 139.345 (7) (a), subchapter IX (title) of chapter
6
254 [precedes 254.911], 254.911 (8), 254.911 (9), 254.911 (10), 254.916 (1) (a),
7
254.916 (2) (intro.), 254.916 (11), 254.92 (title), 254.92 (1), 254.92 (2), 254.92
8
(2m) (intro.) and 254.92 (3);
to create
134.66 (1) (bm), 254.911 (1m) and
9
254.916 (2) (d) of the statutes;
relating to:
raising the legal age for sale,
10
purchase, and possession of cigarettes and nicotine and tobacco products;
11
providing a legal age for sale, purchase, and possession of electronic vaping
12
devices; and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill changes the age for purchasing cigarettes, tobacco products, or nicotine products from 18 to 21, and imposes the same minimum age for purchasing electronic vaping devices.
Under current law, nicotine products are products that contain nicotine and that are not tobacco products, cigarettes, or products that have been approved by the federal Food and Drug Administration for sale as a smoking cessation product. Tobacco products include products such as cigars, chewing tobacco, and smoking tobacco. Electronic vaping devices are defined under current law to mean devices that may be used to deliver substances for inhalation regardless of whether the substance contains nicotine, and includes e-cigarettes, e-cigars, e-pipes, vape pens, and e-hookahs. The definition also includes components of such devices and the substances that may be aerosolized or vaporized by devices, but does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration. This bill changes the definition of “electronic vaping device” to specify that the aforementioned “drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration” means those that the U.S. FDA authorizes for the treatment of nicotine addiction or tobacco cessation.
Currently, no person under the age of 18 may purchase, attempt to purchase, possess, or falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product with certain limited exceptions. Current law also prohibits any person from purchasing cigarettes, tobacco products, or nicotine products on behalf of a person who is under the age of 18 and subjects that purchaser to a penalty. Current law also prohibits a person from delivering a package of cigarettes unless the person making the delivery verifies that the person receiving the package is at least 18 years of age. The bill changes these ages from 18 to 21. The bill similarly prohibits the purchase of electronic vaping devices by or on behalf of a person who is under the age of 21.
Current law prohibits a retailer, manufacturer, distributor, jobber, subjobber, or independent contractor or an employee or agent of any of these persons from selling or providing cigarettes or tobacco or nicotine products to an individual who is under the age of 18 and from providing cigarettes or tobacco or nicotine products to any person for free unless the cigarettes or products are provided in a place where persons under 18 years of age are generally not permitted to enter. Current law also prohibits a vending machine operator from selling cigarettes or tobacco products from a vending machine unless the vending machine operator ensures that no person under 18 years of age is present on or permitted to enter the premises where the machine is located. The bill changes these ages from 18 to 21, and similarly prohibits the sale or provision of nicotine products or electronic vaping devices from a vending machine to a person who is under 21.
Under current law, a retailer or vending machine operator of cigarette or tobacco products must post notices stating that the sale of cigarettes or tobacco to a person under a certain age is unlawful, and a person who violates the requirement is required to forfeit no more than $25. The bill repeals that forfeiture penalty.
Current law exempts a vending machine operator from liability related to the sale of certain tobacco and nicotine products to minors if the vending machine operator is unaware of the minor’s purchase of the product. The bill repeals this exemption from liability.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB524,1
1
Section
1
.
134.65 (1a) (b) of the statutes is amended to read:
AB524,2,14
2
134.65
(1a)
(b) “Electronic vaping device” means a device that may be used to
3
deliver any aerosolized or vaporized liquid or other substance for inhalation,
4
regardless of whether the liquid or other substance contains nicotine, including an
5
e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic vaping device”
6
includes a component, part, or accessory of the device, and includes a liquid or other
7
substance that may be aerosolized or vaporized by such device, regardless of
8
whether the liquid or other substance contains nicotine. “Electronic vaping device”
9
does not include a battery or battery charger when sold separately. “Electronic
10
vaping device” does not include drugs, devices, or combination products
, as those
11
terms are defined in the federal Food, Drug, and Cosmetic Act, that are
authorized
12
for sale by the U.S. food and drug administration
, as those terms are defined in the
13
Federal Food, Drug, and Cosmetic Act
for the treatment of nicotine addiction or
14
tobacco cessation
.
AB524,2
15
Section
2
.
134.66 (title) of the statutes is amended to read:
AB524,2,17
16
134.66
(title)
Restrictions on sale or gift of cigarettes or nicotine
,
17
electronic vaping devices,
or tobacco products.
AB524,3
1
Section
3
.
134.66 (1) (bm) of the statutes is created to read:
AB524,3,3
2
134.66
(1)
(bm) “Electronic vaping device” has the meaning given in s. 134.65
3
(1a) (b).
AB524,4
4
Section
4
.
134.66 (1) (g) of the statutes is amended to read:
AB524,3,8
5
134.66
(1)
(g) “Retailer” means any person licensed under s. 134.65 (1d)
or any
6
person that sells, exposes for sale, possesses with intent to sell, exchanges, barters,
7
disposes of, or gives away any electronic vaping device to any person not holding a
8
license under s. 134.65, 139.30 to 139.41, or 139.79
.
AB524,5
9
Section
5
.
134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended
10
to read:
AB524,3,19
11
134.66
(2)
(a) No retailer, direct marketer, manufacturer, distributor, jobber
12
or subjobber, no agent, employee or independent contractor of a retailer, direct
13
marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
14
of an independent contractor may sell or provide for nominal or no consideration
15
cigarettes, nicotine products,
or
tobacco products
, or electronic vaping devices
to
16
any person under the age of
18
21
, except as provided in s. 254.92 (2) (a).
A vending
17
machine operator is not liable under this paragraph for the purchase of cigarettes,
18
nicotine products, or tobacco products from his or her vending machine by a person
19
under the age of 18 if the vending machine operator was unaware of the purchase.
AB524,4,4
20
(am) No retailer, direct marketer, manufacturer, distributor, jobber,
21
subjobber, no agent, employee or independent contractor of a retailer, direct
22
marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
23
of an independent contractor may provide for nominal or no consideration
24
cigarettes, nicotine products,
or
tobacco products
, or electronic vaping devices
to
1
any person except in a place where no person younger than
18
21
years of age is
2
present or permitted to enter unless the person who is younger than
18
21
years of
3
age is accompanied by his or her parent or guardian or by his or her spouse who has
4
attained the age of
18
21
years.
AB524,4,9
5
(b) 1. A retailer shall post a sign in areas within his or her premises where
6
cigarettes
or
,
tobacco products
, nicotine products, or electronic vaping devices
are
7
sold to consumers stating that the sale of any cigarette
or
,
tobacco product
, nicotine
8
product, or electronic vaping device
to a person under the age of
18
21
is unlawful
9
under this section and s. 254.92.
AB524,4,14
10
2. A vending machine operator shall attach a notice in a conspicuous place on
11
the front of his or her vending machines stating that the purchase of any cigarette
12
or
,
tobacco product
, nicotine product, or electronic vaping device
by a person under
13
the age of
18
21
is unlawful under s. 254.92 and that the purchaser is subject to a
14
forfeiture of not to exceed $50.
AB524,4,20
15
(cm) 1m. A retailer or vending machine operator may not sell cigarettes
or
,
16
tobacco products
, nicotine products, or electronic vaping devices
from a vending
17
machine unless the vending machine is located in a place where the retailer or
18
vending machine operator ensures that no person younger than
18
21
years of age is
19
present or permitted to enter unless he or she is accompanied by his or her parent
20
or guardian or by his or her spouse who has attained the age of
18
21
years.
AB524,6
21
Section
6
.
134.66 (2m) (a) of the statutes is amended to read:
AB524,5,14
22
134.66
(2m)
(a) Except as provided in par. (b), at the time that a retailer hires
23
or contracts with an agent, employee, or independent contractor whose duties will
1
include the sale of cigarettes
or
,
tobacco products,
nicotine products, or electronic
2
vaping devices,
the retailer shall provide the agent, employee, or independent
3
contractor with training on compliance with sub. (2) (a) and (am), including
4
training on the penalties under sub. (4)
(a) 2.
(bm)
for a violation of sub. (2) (a) or
5
(am). The department of health services shall make available to any retailer on
6
request a training program developed or approved by that department that provides
7
the training required under this paragraph. A retailer may comply with this
8
paragraph by providing the training program developed or approved by the
9
department of health services or by providing a comparable training program
10
approved by that department. At the completion of the training, the retailer and
11
the agent, employee, or independent contractor shall sign a form provided by the
12
department of health services verifying that the agent, employee, or independent
13
contractor has received the training, which the retailer shall retain in the personnel
14
file of the agent, employee, or independent contractor.
AB524,7
15
Section
7
.
134.66 (3) (intro.), (a), (b) and (c) of the statutes are amended to
16
read:
AB524,5,23
17
134.66
(3)
Defense; sale to
minor
underage individual
.
(intro.) Proof of
18
all of the following facts by a retailer, manufacturer, distributor, jobber, or
19
subjobber, an agent, employee, or independent contractor of a retailer,
20
manufacturer, distributor, jobber, or subjobber, or an agent or employee of an
21
independent contractor who sells cigarettes
or
,
tobacco products
, nicotine products,
22
or electronic vaping devices
to a person under the age of
18
21
is a defense to any
23
prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):
AB524,6,2
1
(a) That the purchaser falsely represented that he or she had attained the age
2
of
18
21
and presented an identification card.
AB524,6,4
3
(b) That the appearance of the purchaser was such that an ordinary and
4
prudent person would believe that the purchaser had attained the age of
18
30
.
AB524,6,7
5
(c) That the sale was made in good faith, in reasonable reliance on the
6
identification card and appearance of the purchaser and in the belief that the
7
purchaser had attained the age of
18
21
.
AB524,8
8
Section
8
.
134.66 (4) (a) 1. of the statutes is renumbered 134.66 (4) (am) and
9
amended to read:
AB524,6,12
10
134.66
(4)
(am) In this
paragraph
subsection
, “violation” means a violation of
11
sub. (2) (a), (am), (cm), or (e) or a local ordinance which strictly conforms to sub. (2)
12
(a), (am), (cm), or (e).
AB524,9
13
Section
9
.
134.66 (4) (a) 2. of the statutes is renumbered 134.66 (4) (bm).
AB524,10
14
Section
10
.
134.66 (4) (a) 3. of the statutes is renumbered 134.66 (4) (cm),
15
and 134.66 (4) (cm) 1., 2. and 3., as renumbered, are amended to read:
AB524,6,17
16
134.66
(4)
(cm) 1. Not more than 3 days, if the court finds that the person
17
committed a violation within
12
24
months after committing one previous violation;
AB524,6,20
18
2. Not less than 3 days nor more than 10 days, if the court finds that the
19
person committed a violation within
12
24
months after committing 2 other
20
violations; or
AB524,6,23
21
3. Not less than 15 days nor more than 30 days, if the court finds that the
22
person committed the violation within
12
24
months after committing 3 or more
23
other violations.
AB524,11
1
Section
11
.
134.66 (4) (a) 4. of the statutes is renumbered 134.66 (4) (dm)
2
and amended to read:
AB524,7,5
3
134.66
(4)
(dm) The court shall promptly mail notice of a suspension under
4
subd. 3.
par. (cm)
to the department of revenue and to the clerk of each municipality
5
which has issued a license or permit to the person.
AB524,12
6
Section
12
.
134.66 (4) (b) of the statutes is repealed.
AB524,13
7
Section
13
.
139.30 (10) of the statutes is amended to read:
AB524,7,9
8
139.30
(10)
“Retailer”
has the meaning given in s. 134.66 (1) (g)
means any
9
person licensed under s. 134.65
.
AB524,14
10
Section
14
.
139.345 (3) (a) (intro.) of the statutes is amended to read:
AB524,7,12
11
139.345
(3)
(a) (intro.) Verifies the consumer’s name and address and that the
12
consumer is at least
18
21
years of age by any of the following methods:
AB524,15
13
Section
15
.
139.345 (3) (b) 2. of the statutes is amended to read:
AB524,7,16
14
139.345
(3)
(b) 2. That the consumer understands that no person who is under
15
18
21
years of age may purchase or possess cigarettes or falsely represent his or her
16
age for the purpose of receiving cigarettes, as provided under s. 254.92.
AB524,16
17
Section
16
.
139.345 (7) (a) of the statutes is amended to read:
AB524,8,2
18
139.345
(7)
(a) No person may deliver a package of cigarettes sold by direct
19
marketing to a consumer in this state unless the person making the delivery
20
receives a government issued identification card from the person receiving the
21
package and verifies that the person receiving the package is at least
18
21
years of
22
age. If the person receiving the package is not the person to whom the package is
23
addressed, the person delivering the package shall have the person receiving the
1
package sign a statement that affirms that the person to whom the package is
2
addressed is at least
18
21
years of age.
AB524,17
3
Section
17
.
Subchapter IX (title) of chapter 254 [precedes 254.911] of the
4
statutes is amended to read:
AB524,8,5
5
CHAPTER 254
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