North Carolina SB 533: Vaping and Gambling Addiction Prev. Strategies.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 533

Short Title: Vaping & Gambling Addiction Prev. Strategies. (Public)
Sponsors: Senator Burgin (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S533-v-1*
A BILL TO BE ENTITLED 1
AN ACT RAISING THE MINIMUM AGE TO ACCESS TOBACCO PRODUCTS, 2
INCLUDING SMART VAPES AND OTHER VAPOR PRODUCTS; BROADENING THE 3
REQUIRED VAPOR PRODUCTS LICENSE REQUIREMENT; AND PROVIDING 4
FUNDING FOR GAMBLING ADDICTION EDUCATION AND TREATMENT 5
PROGRAMS THROUGH GAMING REVENUES COLLECTED BY THE LOTTERY 6
COMMISSION. 7
The General Assembly of North Carolina enacts: 8
9
PART I. REVISIONS TO RAISE THE MINIMUM AGE TO ACCESS TOBACCO 10
PRODUCTS, INCLUDING SMART VAPES AND OTHER VAPOR PRODUCTS 11
SECTION 1.1.(a) G.S. 14-313 reads as rewritten: 12
"§ 14-313. Youth access to tobacco products, alternative nicotine products, vapor products, 13
and cigarette wrapping papers. 14
(a) Definitions. – The following definitions apply in this section: 15
... 16
(2) Proof of age. – A drivers license or other photographic identification that 17
includes the bearer's date of birth that purports to establish that the person is 18
18 21 years of age or older. 19
... 20
(5) Vapor product. – Any noncombustible product that employs a mechanical 21
heating element, battery, or electronic circuit regardless of shape or size and 22
that can be used to heat a consumable product. The term includes an electronic 23
cigarette, electronic cigar, electronic cigarillo, and electronic pipe. The term 24
also includes smart vapes and related products that are vapor products that 25
have designs and functionalities that resemble smart technology, including 26
phones and gaming devices. The term does not include any product regulated 27
by the United States Food and Drug Administration under Chapter V of the 28
federal Food, Drug, and Cosmetic Act. 29
... 30
(b) Sale or Distribution to Persons Under the Age of 18 21 Years. – If any person shall 31
distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette 32
wrapping papers to any person under the age of 18 21 years, or if any person shall purchase 33
tobacco products or cigarette wrapping papers on behalf of a person under the age of 18 21 years, 34
the person shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be 35
unlawful to distribute tobacco products or cigarette wrapping papers to an employee when 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 533-First Edition
required in the performance of the employee's duties. Retail distributors of tobacco products shall 1
prominently display near the point of sale a sign in letters at least five-eighths of an inch high 2
which states the following: 3
N.C. LAW STRICTLY PROHIBITS 4
THE PURCHASE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, 5
VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS 6
BY PERSONS UNDER THE AGE OF 18.21. 7
PROOF OF AGE REQUIRED. 8
Failure to post the required sign shall be an infraction punishable by a fine of twenty-five dollars 9
($25.00) for the first offense and seventy-five dollars ($75.00) for each succeeding offense. 10
A person engaged in the sale of tobacco products or cigarette wrapping papers shall demand 11
proof of age from a prospective purchaser if the person has reasonable grounds to believe that 12
the prospective purchaser is under 18 21 years of age. Failure to demand proof of age as required 13
by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 21 14
years of age. Retail distributors of tobacco products or cigarette wrapping papers shall train their 15
sales employees in the requirements of this law. Proof of any of the following shall be a defense 16
to any action brought under this subsection: 17
(1) The defendant demanded, was shown, and reasonably relied upon proof of age 18
in the case of a retailer, or any other documentary or written evidence of age 19
in the case of a nonretailer. 20
(2) The defendant relied on the electronic system established and operated by the 21
Division of Motor Vehicles pursuant to G.S. 20-37.02. 22
(3) The defendant relied on a biometric identification system that demonstrated 23
(i) the purchaser's age to be at least the required age for the purchase and (ii) 24
the purchaser had previously registered with the seller or seller's agent a 25
drivers license, a special identification card issued under G.S. 20-37.7, a 26
military identification card, or a passport showing the purchaser's date of birth 27
and bearing a physical description of the person named on the card. 28
(b1) Distribution of Tobacco Products. – Tobacco products shall not be distributed in 29
vending machines; provided, however, vending machines distributing tobacco products are 30
permitted (i) in any establishment which is open only to persons 18 21 years of age and older; or 31
(ii) in any establishment if