A trio of bills was filed this week for consideration by the Tennessee General Assembly dealing with tobacco products.
The first bill deals with smokeless nicotine products and age restrictions, the second bill would authorize local governments to regulate smoke and use of vapor products in certain venues, and the third bill would increase the civil penalty for a second violation of the unlawful sale, purchase or distribution of these products.
State Representative Ron M. Gant (R-Piperton) and State Senator Steve Southerland (R-Morristown) filed companion bills HB2058 and SB2035 on January 27 and January 31, 2022, respectively.
The bill caption states:
Tobacco, Tobacco Products – As introduced, defines “smokeless nicotine product.”; adds smokeless nicotine products to type of products that are age-restricted to persons aged 21 years and older under the Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act. – Amends TCA Title 39, Chapter 17, Part 15.
The purpose of the bill is “also to prohibit the sale or distribution of smokeless nicotine products to, or purchase of smokeless nicotine products on behalf of, persons under twenty-one (21) years of age.” The legislation treats smokeless nicotine products like other common tobacco products like cigarettes and dip.
State Senator Richard Briggs (R-Knoxville) and State Representative Michele Carringer (R-Knoxville) filed companion bills SB2219 and HB2705 on January 31 and February 2, 2022, respectively.
This legislation caption states:
Tobacco, Tobacco Products – As introduced, authorizes local governments to regulate, including the prohibition of, smoking and the use of vapor products in age-restricted venues; defines the terms “age-restricted venue” and “retail tobacco store” for the purposes of the Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act. – Amends TCA Title 5; Title 6; Title 7 and Title 39.
The legislation gives local governments the ability to regulate or prohibit, bypassing an ordinance or resolution, smoking and the use of vapor products in age-restricted venues that are not retail tobacco stores.
It defines an age-restricted venue as “a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older.”
House Majority Leader William Lamberth (R-Portland) and State Senate Republican Leader Jack Johnson (R-Franklin) filed companion bills HB2119 and SB2143 on January 31, 2022.
The bill caption says:
Tobacco, Tobacco Products – As introduced, increases, from $500 to $750, the civil penalty for a second violation of unlawful sale, distribution, purchase, or possession of vapor products. – Amends TCA Title 39, Chapter 17, Part 15.
That’s a $250 increase in civil penalty for a second violation.
If passed, these bills would take effect on July 1, 2022.
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Aaron Gulbransen is a reporter at The Tennessee Star and The Star News Network. Email tips to [email protected].