GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 603

Short Title:  Tobacco Sales/Minors.	(Public)

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Sponsors: Senator Soles.

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Referred to:  Judiciary I/Constitution

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April 6, 1995

A BILL TO BE ENTITLED
AN ACT TO CLARIFY AND MAKE UNIFORM THE LAWS REGARDING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS TO PERSONS LESS THAN EIGHTEEN YEARS OLD.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-313 reads as rewritten:
"§ 14-313.  Youth access to tobacco products.
(a)	Definitions. – The following definitions apply in this section:
(1)	Distribute. – To sell, furnish, give, or provide tobacco products, including tobacco product samples, or cigarette wrapping papers to the ultimate consumer.
(2)	Proof of age. – A drivers license or other documentary or written evidence that purports to establish that the person is 18 years of age or older.
(3)	Sample. – A tobacco product distributed to members of the general public at no cost for the purpose of promoting the product.
(4)	Tobacco product. – Any product that  contains tobacco and is intended for human consumption.
(b)	Sale or distribution to persons under the age of 18 years. – If any person shall knowingly distribute, or knowingly aid, assist, or abet any other person in distributing tobacco products or cigarette wrapping papers to any person under the age of 18 years, or if any person shall knowingly purchase tobacco products or cigarette wrapping papers on behalf of a person, less than 18 years, the person shall be guilty of a Class 2 misdemeanor; " provided, however, that it shall not be unlawful to distribute tobacco products or cigarette wrapping papers to an employee when required in the performance of the employee's duties.
Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought under this subsection.
(c)	Purchase by persons under the age of 18 years. – If any person under the age of 18 years purchases or accepts receipt, or attempts to purchase or accept receipt, of tobacco products or cigarette wrapping papers, or presents or offers to any person any purported proof of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or receiving any tobacco product, the person shall be guilty of an infraction as provided in G.S. 14-3.1.
	(d)	Send or assist person less than 18 years to purchase or receive tobacco product. – If any person shall knowingly send or assist a person less than 18 years to purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco products or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor; provided, however, persons under the age of 18 may be enlisted by police or local sheriffs' departments to test compliance if the testing is under the direct supervision of that law enforcement department and written parental consent is provided.
(e)	Statewide uniformity. – It is the intent of the General Assembly to prescribe this uniform system for the regulation of tobacco products to ensure the eligibility for and receipt of any federal funds or grants that the State now receives or may receive relating to the provisions of G.S. 14-313.  To ensure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village nor any department or agency thereof, may enact ordinances, rules or regulations concerning the sale, distribution, display or promotion of tobacco products or cigarette wrapping papers.  This subsection does not apply to the regulation of vending machines."
Sec. 2.  This act becomes effective July 1, 1995, and applies to offenses committed on or after that date.  Subsection (e) of G.S. 14-313 as enacted by this act does not affect local ordinances adopted before July 1, 1995.