TOBACCO PRODUCTS

2022 Okla. Sess. Law Serv. Ch. 261 (H.B. 3315) (WEST)

2022 Okla. Sess. Law Serv. Ch. 261 (H.B. 3315) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
Additions are indicated by Text; deletions by
Text.
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stricken material by Text .
CHAPTER 261
H.B. No. 3315
TOBACCO PRODUCTS
An Act relating to tobacco products; amending 10A O.S. 2021, Section 2–8–224, which relates to underage tobacco use; modifying penalty; and providing an effective date.
SUBJECT: Tobacco products
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 10A § 2–8–224 >>
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2–8–224, is amended to read as follows:
Section 2–8–224. A. It is unlawful for a person who is under twenty-one (21) years of age to purchase, receive, or have in his or her possession a tobacco product, nicotine product or vapor product, or to present or offer to any person any purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco product, nicotine product or vapor product. It shall not be unlawful for an employee under twenty-one (21) years of age to handle tobacco products, nicotine products or vapor products when required in the performance of the employee's duties.
B. When a person violates subsection A of this section, the Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose an administrative fine:
1. Not to exceed One Hundred Dollars ($100.00) for a first offense; and
2. Not to exceed Two Hundred Dollars ($200.00) for a second or subsequent offense within a one-year period following the first offense.
Upon failure of the individual to pay the administrative fine within ninety (90) days of the day of the fine, the ABLE Commission shall notify the Department of Public Safety, and the Department shall suspend or not issue a driver license to the individual until proof of payment has been furnished to the Department of Public Safety require the violator to complete an education or tobacco use cessation program approved by the State Department of Health.
C. The ABLE Commission shall establish rules to provide for notification to a parent or guardian of any minor cited for a violation of this section.
D. Cities and towns may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under provisions of this section, but the provisions of such ordinances shall be the same as provided for in this section, and the enforcement provisions under such ordinances shall not be more stringent than those of this section.
E. For the purposes of this section, the term “vapor products” shall have the same meaning as provided in the Prevention of Youth Access to Tobacco Act.
SECTION 2. This act shall become effective November 1, 2022.
Approved May 16, 2022.
End of Document