MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Business and Financial Institutions

By: Senator(s) Nunnelee

AN ACT TO RESTRICT THE SALE AND ACCESSIBILITY OF TOBACCO PRODUCTS THROUGH PUBLIC VENDING MACHINES; TO ESTABLISH PENALTIES FOR VIOLATIONS OF THE ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The provisions of this act shall be known and may be cited as the "Tobacco Vending Machine Restriction Act."

SECTION 2. This act is intended to restrict the sale and accessibility of cigarettes and other tobacco products through public vending machines to minors under the age of eighteen (18).

SECTION 3. In this act, unless a different meaning plainly is required:

(a) "Vending machine" means a self-service device that can dispense cigarettes, cigars, tobacco, chewing tobacco or any other product containing tobacco.

(b) "Cigarette" means any roll of tobacco wrapped in paper or in any substance not containing tobacco, or any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette.

SECTION 4. The sale of cigarettes and other tobacco products from public vending machines is prohibited unless the vending machine is located in a bar, tavern, cabaret, club or any establishment in which the minimum age for admission is eighteen (18).

SECTION 5. The prohibition of Section 4 of this act shall apply to:

(a) The person, organization or company that installs, places or authorizes the placement of a tobacco vending machine, whether the person, organization or company manages or otherwise controls the premises or not.

(b) The owner or manager of any premises upon which the tobacco vending machine is placed in violation of Section 4 of this act.

SECTION 6. Violators of Section 4 of this act shall be fined no less than One Hundred Dollars ($100.00) per day and no more than One Thousand Dollars ($1,000.00) per day for each violation.

SECTION 7. The Mississippi State Department of Health shall be responsible for the enforcement of this act.

SECTION 8. (1) The Mississippi State Department of Health shall be responsible for producing and distributing warning stickers that shall be placed on every tobacco vending machine manufactured, owned, leased or placed in this state.

(2) The stickers should read: "It is a violation for this machine to be accessible in any manner to youths under the age of eighteen (18). Please report any violation to the Mississippi State Department of Health" and should provide a phone number for such reporting. Similar messages reflecting the intent of this act may be substituted.

(3) The stickers should be permanently and prominently affixed to all tobacco vending machines manufactured, owned, leased or placed in this state.

(4) The minimum and maximum fines set forth in Section 6 of this act shall be doubled where any vending machine in question does not have a sticker as required by this section.

SECTION 9. If any provision of this act or application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

SECTION 10. This act shall take effect and be in force from and after July 1, 1997.