SB1147- tobacco products; vapor products

The bill makes numerous changes to the statutes regulating the sale and possession of tobacco products, including raising the minimum age for the purchase, possession, and use of tobacco products, including vapor products, “alternative nicotine products,” and “e-liquid,” to 21 years.

Adds instruction regarding the nature and harmful effects of e-liquids, alternative nicotine products and vapor products to the current statutes regarding tobacco education in Arizona schools.

Contains a preemption clause the prohibits any state agency or other political subdivision of the state, including cities, towns, counties, and school boards, from making any regulation regarding the sale or marketing of tobacco products, e-liquids, vapor products or alternative nicotine products.

Specifies the state preemption provision is for the regulation of the sale and marketing of the prescribed products and is not subject to further regulation by a city, town or county, except as prescribed below.

States that the state preemption does not prohibit a city, town, county, school district, charter school or stadium district from regulating the sale, marketing or use of prescribed products on property that is owned by them and allows them to impose zoning requirements relating to the location of retail stores. 

Creates new statutes regarding the sale of e-liquids, vapor products or alternative nicotine products.

Defines “alternative nicotine products,” vapor products” and “e-liquid” to essentially mean chewing tobacco, vape pens/Juul, and the liquid used to refill them, respectively.