71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3770
 
                         House Bill 3356
 
Sponsored by Representative PATRIDGE (at the request of Ginny
  Adams)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires sellers of tobacco products to make good faith effort
to ascertain that purchaser is 18 years of age.
 
                        A BILL FOR AN ACT
Relating to sales of tobacco products to minors; amending ORS
  431.840.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 431.840 is amended to read:
  431.840. (1) It shall be unlawful to do any of the following:
  (a) To distribute free tobacco products to persons under 18
years of age as part of a marketing strategy to encourage the use
of tobacco products.
  (b) To fail as a retailer to post a notice substantially
similar to that set forth in subsection (3) of this section in a
location clearly visible to the seller and the purchaser that
sale of tobacco products to persons under 18 years of age is
prohibited.
  (c) To sell cigarettes in any form other than a sealed package.
   { +  (d) To sell tobacco products through the mail to a
purchaser in this state unless the seller has made a good faith
effort to ascertain that the purchaser of the tobacco products is
at least 18 years of age. + }
  (2) As used in this section 'tobacco products' means cigars,
cheroots, stogies, periques, granulated, plug cut, crimp cut,
ready rubbed and other smoking tobacco, snuff, snuff flour,
cavendish, plug and twist tobacco, fine-cut and other chewing
tobaccos, shorts, refuse scraps, clippings, cuttings and
sweepings of tobacco and other kinds and forms of tobacco,
prepared in such manner as to be suitable for chewing or smoking
in a pipe or otherwise, or both for chewing and smoking, and
shall include cigarettes as defined in ORS 323.010 (1).
  (3) The notice shall be substantially as follows:
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                             NOTICE
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END OF POSSIBLE IRREGULAR TABULAR TEXT
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  The sale of tobacco in any form to persons under 18 years of
age is prohibited by law. Any person who knowingly sells, or
causes to be sold, tobacco to a person under 18 years of age
commits the crime of endangering the welfare of a minor, pursuant
to ORS 163.575.
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