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OREGON LAWS 2015 Chap. 158

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OREGON LAWS 2015 Chap. 158 OREGON LAWS 2015 Chap. 158 CHAPTER 158 product is marketed and sold solely for the ap- proved purpose; and AN ACT HB 2546 (ii) Tobacco products. (b) “Tobacco products” means: Relating to inhalants; creating new provisions; (A) Bidis, cigars, cheroots, stogies, periques, amending ORS 163.575, 163.580, 165.800, 165.813, granulated, plug cut, crimp cut, ready rubbed 167.400, 167.401, 167.402, 167.404, 167.407, 339.883, and other smoking tobacco, snuff, snuff flour, 421.352, 431.840, 431.845, 431.853, 433.835, 433.840, cavendish, plug and twist tobacco, fine-cut and 433.845, 433.847, 433.850, 433.855, 433.870, 441.815, other chewing tobaccos, shorts, refuse scraps, 565.456, 807.500 and 811.193; repealing ORS clippings, cuttings and sweepings of tobacco and 192.710, 192.990, 243.345 and 243.350; and declar- other forms of tobacco, prepared in a manner ing an emergency. that makes the tobacco suitable for chewing or Be It Enacted by the People of the State of Or- smoking in a pipe or otherwise, or for both egon: chewing and smoking; or (B) Cigarettes as defined in ORS 323.010 (1). SALES AND DISTRIBUTION (2) It is unlawful: (a) To distribute, sell or allow to be sold to- bacco products or an inhalant delivery system to a person under 18 years of age. SECTION 1. ORS 431.840, as amended by sec- (b) To fail as a retailer of tobacco products tion 2, chapter 20, Oregon Laws 2014, is amended to to post a notice substantially similar to the no- read: tice described in subsection (3) of this section in 431.840. [(1) It shall be unlawful to do any of the a location that is clearly visible to the seller and following:] the purchaser of the tobacco products. [(a) To distribute free tobacco products to persons (c) To fail as a retailer of inhalant delivery under 18 years of age as part of a marketing strategy systems to post a notice in a location that is to encourage the use of tobacco products.] clearly visible to the seller and the purchaser of [(b) To fail as a retailer to post a notice substan- the inhalant delivery systems that it is unlawful tially similar to that set forth in subsection (3) of this to sell inhalant delivery systems to persons un- section in a location clearly visible to the seller and der 18 years of age. The Oregon Health Author- the purchaser that sale of tobacco products to persons ity shall adopt by rule the content of the notice under 18 years of age is prohibited.] required under this paragraph. [(c) To sell cigarettes in any form other than a (d) To distribute, sell or allow to be sold an sealed package.] inhalant delivery system if the inhalant delivery [(2) As used in this section “tobacco products” system is not labeled in accordance with rules means bidis, cigars, cheroots, stogies, periques, adopted by the authority. granulated, plug cut, crimp cut, ready rubbed and (e) To distribute, sell or allow to be sold an other smoking tobacco, snuff, snuff flour, cavendish, inhalant delivery system if the inhalant delivery plug and twist tobacco, fine-cut and other chewing system is not packaged in child-resistant safety tobaccos, shorts, refuse scraps, clippings, cuttings and packaging, as required by the authority by rule. sweepings of tobacco and other kinds and forms of (f) To distribute, sell or allow to be sold an tobacco, prepared in such manner as to be suitable for inhalant delivery system if the inhalant delivery chewing or smoking in a pipe or otherwise, or both system is packaged in a manner that is attrac- for chewing and smoking, and shall include cigarettes tive to minors, as determined by the authority as defined in ORS 323.010 (1).] by rule. (1) As used in this section and ORS 431.853: (g) To distribute, sell or allow to be sold cig- (a)(A) “Inhalant delivery system” means: arettes in any form other than a sealed package. (i) A device that can be used to deliver (3) The notice [shall] required by subsection nicotine or cannabinoids in the form of a vapor (2)(b) of this section must be substantially as fol- or aerosol to a person inhaling from the device; lows: or _________________________________________________ (ii) A component of a device described in this subparagraph or a substance in any form sold NOTICE for the purpose of being vaporized or aerosolized The sale of tobacco in any form to persons under by a device described in this subparagraph, 18 years of age is prohibited by law. Any person who whether the component or substance is sold [knowingly] sells, or [causes] allows to be sold, to- separately or is not sold separately. bacco to a person under 18 years of age [commits the (B) “Inhalant delivery system” does not in- offense of endangering the welfare of a minor, pursu- clude: ant to ORS 163.575] is in violation of Oregon law. (i) Any product that has been approved by _________________________________________________ the United States Food and Drug Adminis- tration for sale as a tobacco cessation product (4) Rules adopted under subsection (2)(d), (e) or for any other therapeutic purpose, if the and (f) of this section must be consistent with 1 Chap. 158 OREGON LAWS 2015 any regulation adopted by the United States (c) No more frequently than once a month in any Food and Drug Administration related to label- single establishment unless a compliance problem ing or packaging requirements for inhalant de- exists or is suspected. livery systems. (3) The Oregon Liquor Control Commission, pursuant to an agreement or otherwise, may SECTION 2. ORS 431.845 is amended to read: assist the authority with the authority’s duties 431.845. [(1) The civil penalty for violation of any under subsection (1)(a) of this section and the provision of ORS 431.840 shall not be less than $100 enforcement of ORS 431.840. nor exceed $500.] (1) The Oregon Health Authority may impose SECTION 4. (1) Except as provided by sub- a civil penalty for each violation of ORS 431.840. section (2) of this section, the amendments to A civil penalty imposed under this section may ORS 431.840, 431.845 and 431.853 by sections 1 to not be less than $250 or more than $1,000. 3 of this 2015 Act apply to conduct occurring on (2)(a) [The] Amounts collected under subsection or after the effective date of this 2015 Act. (1) of this section shall be deposited [to the credit of (2) The amendments to ORS 431.840 (3) by the General Fund.] in the Oregon Health Author- section 1 of this 2015 Act apply to notices posted ity Fund established under ORS 413.101. Except on or after January 1, 2016. as provided in paragraph (b) of this subsection, moneys deposited in the fund under this sub- ENDANGERING THE WELFARE OF A MINOR section are continuously appropriated to the authority for carrying out the duties, functions and powers of the authority under ORS 431.840 and 431.853. SECTION 5. ORS 163.575, as amended by sec- (b) At the end of each biennium, the au- tion 1, chapter 20, Oregon Laws 2014, is amended to thority shall transfer the unobligated moneys read: collected under subsection (1) of this section re- 163.575. (1) A person commits the offense of en- maining in the fund to the Tobacco Use Re- dangering the welfare of a minor if the person duction Account established under ORS 431.832. knowingly: (a) Induces, causes or permits an unmarried per- SECTION 3. ORS 431.853 is amended to read: son under 18 years of age to witness an act of sexual 431.853. (1) The Oregon Health Authority shall: conduct or sadomasochistic abuse as defined [by] in (a) Coordinate with law enforcement agencies to ORS 167.060; conduct random, unannounced inspections of [Ore- (b) Permits a person under 18 years of age to gon] wholesalers and retailers of tobacco products enter or remain in a place where unlawful activity or inhalant delivery systems to [insure] ensure involving controlled substances is maintained or compliance with [Oregon] the laws of this state conducted; designed to discourage the use of tobacco products (c) Induces, causes or permits a person under 18 years of age to participate in gambling as defined and inhalant delivery systems by minors, includ- [by] in ORS 167.117; ing ORS 163.575, 163.580, 167.400, 167.402 and (d) Distributes, sells[, or causes] or allows to be 431.840; and sold[,] tobacco in any form to a person under 18 (b) Submit a report describing: years of age; [or] (A) The activities carried out to enforce the laws (e) Distributes, sells or allows to be sold an listed in paragraph (a) of this subsection during the inhalant delivery system, as defined in ORS previous fiscal year; 431.840, to a person under 18 years of age; or (B) The extent of success achieved in reducing [(e)] (f) Sells to a person under 18 years of age the availability of tobacco products and inhalant any device in which tobacco, marijuana, cocaine or delivery systems to minors; and any controlled substance, as defined in ORS 475.005, (C) The strategies to be utilized for enforcing the is burned and the principal design and use of which laws listed in paragraph (a) of this subsection during is directly or indirectly to deliver tobacco smoke, the year following the report.
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