On Sunday, Aug. 1 a new state law takes effect in Minnesota that modernizes and clarifies Minnesota’s laws pertaining to the sale of tobacco and related products.
The “Tobacco Modernization and Compliance Act of 2010” was signed into law on May 11, and includes an expanded definition of tobacco products.
The previous version of the law pertained to tobacco products that could be smoked or chewed. The expanded definition includes “e-cigarettes,” which are electronic nicotine delivery devises that simulate smoking; finely milled tobacco products designed to dissolve in the mouth; and smokeless, spitless tobacco products in pouches that are similar to chewing tobacco.
The inclusion of the new products makes them subject to the same laws, restrictions, taxes and fees that previously applied to cigarettes and chewing tobacco.
District 24 State Sen. Julie Rosen from Fairmont said she decided to co-author the bill after she saw two young women using some of the new tobacco products at a professional bull-riding event earlier this year.
“Their glammed-up chew containers and snuff pouches made me realize there is a whole new marketing scheme in place to entice the younger ages,” Rosen said.
To Diane Johnson, manager of the Freedom Valu Center in Pipestone, the new law has meant new locking display cases for tobacco products that were previously kept out in the open.
The expanded definition now makes it illegal to display any tobacco product or related device, such as rolling papers or pipes, in an area that is open to the public without the assistance of a store employee, except in stores that derive at least 90 percent of their revenue from tobacco sales.
Excluded from the law is any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, a tobacco dependence product, or for any other medical purpose, which is sold only for that reason.
The law also clarifies language prohibiting the sale of nicotine delivery products that do not necessarily contain tobacco, such as the electronic cigarettes and nicotine based water, to minors or the purchase or attempted purchase of the products by minors.
“Any minors who purchase new products will be treated in the same fashion as someone who has illegally purchased a cigarette or cigar,” Rosen said.
Individuals convicted of selling such products to a minor are guilty of a misdemeanor for the first violation and a gross misdemeanor for a subsequent violation within a five-year period. Attempted purchases and possession of such products by individuals under 18 is a petty misdemeanor.
“To me it’s a no-brainer to take steps to prevent tobacco use among Minnesota’s youth,” Rosen said. “That’s why I became an author of this bill.”
Pipestone County Sheriff Dan Delaney said his office will be checking in on local tobacco sellers next month to make sure they are in compliance with the new law.
The new state law comes on the heels of the federal “Family Smoking Prevention and Tobacco Control Act” that President Obama signed into law June 22. The federal law also expands the federal definition of tobacco products and, among other things, prohibits the use of the terms “light,” “mild,” or “low” on the label of tobacco products, or anything else that could result in consumers believing that the product presents a lower risk of disease or is less harmful, unless the Secretary of Health and Human Services determines that such a description is factual.
Freedom Val-U’s Johnson said the tobacco companies have been making the transition to the new packaging since the law was passed and customers now have to describe the variety of cigarette they want by the color of the packaging.
“It’s a pain to begin with,” Johnson said of all the new requirements. “It’s just something you have to get used to.”
