75th OREGON LEGISLATIVE ASSEMBLY--2009 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 960
 
                         House Bill 2358
 
Sponsored by Representatives TOMEI, SCHAUFLER (Presession filed.)
 
 
                             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.
 
  Prohibits distribution of free samples of noncigarette tobacco
products. Authorizes imposition of civil penalty for violation.
 
                        A BILL FOR AN ACT
Relating to distribution of samples of noncigarette tobacco
  products.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds that it is in
the public interest to promote the health and well-being of the
residents of this state by limiting, to the greatest extent
possible, the consumption of tobacco products by persons under 18
years of age in Oregon. The prohibition of the distribution of
free samples of noncigarette tobacco products serves this public
purpose by restricting access to such products by limiting the
opportunity of retailers or distributors of tobacco products to
enter the market or to expand their market share in Oregon
through such distributions or related unfair or anticompetitive
practices.  In addition, the prohibition of the distribution of
free samples of noncigarette tobacco products will eliminate a
practice that makes it difficult for the state to enforce the
imposition of state taxes on tobacco products and to enforce the
laws prohibiting the sale of tobacco products to persons under 18
years of age. + }
  SECTION 2.  { + (1) A person may not distribute free samples of
noncigarette tobacco products in this state.
  (2) As used in this section, 'noncigarette tobacco products'
means bidis, 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 any other product containing tobacco that is intended for
human consumption. 'Noncigarette tobacco products' does not
include cigarettes as defined in ORS 323.010. + }
  SECTION 3.  { + (1) The Director of Human Services may impose a
civil penalty of not more than $1,250 for each violation of
section 2 of this 2009 Act.
  (2) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745. + }
  SECTION 4.  { + All civil penalties recovered under section 3
of this 2009 Act shall be paid into the State Treasury and
credited to the General Fund and are available for general
governmental expenses. + }
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