Cigarettes and tobacco sales.

Authors: Senator Patricia Miller, Senator James Merritt, Senator Ron Alting

Co-authors: Senator Lonnie Randolph

Sponsors: Representative Timothy Brown

Co-Sponsors: Representative Charlie Brown, Representative Edward Clere

Advisors: Senator James Merritt, Senator John Broden, Senator Philip Boots


Prohibits the sale at retail of an electronic cigarette without a valid tobacco sales certificate issued by the alcohol and tobacco commission (commission) and includes electronic cigarettes in the certification regulation statutes. Provides that the commission may not enforce an action regarding tobacco sales certificates and electronic cigarettes until after August 31, 2015. Permits smoking in certain cigar stores and bars. Removes the requirement that members of a club or fraternal club must vote to allow smoking on the premises. Provides that the club or fraternal club may allow guests in the designated smoking room or area only when accompanied by a bona fide member. Specifies that a condition in allowing smoking in a specialty cigar store is that the store does not sell any food or beverage that would require a certified food handler. Removes a requirement that a specialty cigar store not sell food and beverages in a manner that would require consumption on the premises and that there not be an area set aside for food consumption. Specifies that e-liquids must use tamper evident packaging. Sets time frames in which manufacturers and retailers must distribute or sell an e-liquid. Specifies that an e-liquid manufacturer must obtain a permit before July 1, 2016, in order to mix, bottle, package, or sell e-liquids after June 30, 2016. Amends the law on the qualified escrow fund for tobacco product manufacturers: (1) to exempt cigarettes sold on federal military installations and other state excise tax exempt cigarette sales from the definition of "units sold"; and (2) to require the department of state revenue (department) to adopt rules that are necessary to ascertain the number of units sold of a tobacco product manufacturer for each year regardless of whether the state excise tax was due or collected. Authorizes the department, the commission, and the attorney general to provide certain information to courts, arbitrators, and data clearinghouses for the purpose of making calculations under the tobacco master settlement agreement if a protective order is executed. Makes specified tobacco sales data that is provided by an outside party confidential. Prohibits the manufacture, sale, or distribution of: (1) a liquid or gel substance containing nicotine; or (2) a nicotine liquid container; unless the product is contained in child resistant packaging. Authorizes the commission to seize and destroy products sold or distributed in violation of this prohibition and to impose a civil penalty on a person who sells or distributes a product in violation of the prohibition. Limits the civil penalty to the greater of: (1) 500% of the retail value of the product sold or distributed; or (2) $5,000. Urges the legislative council to assign certain tobacco related issues to the public policy interim study committee during the 2015 interim.