Missouri HB 868: Changes the law regarding tobacco products by subjecting alternative nicotine products and vapor products to a tobacco tax, raising the required age to purchase and possession from eighteen to twenty-one, and banning the sale of flavored tobacco products

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 868
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE NURRENBERN.
1995H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 149.011, 149.160, 407.925, 407.926, 407.927, 407.929, 407.931, 407.933,
and 407.934, RSMo, and to enact in lieu thereof ten new sections relating to tobacco
products, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 149.011, 149.160, 407.925, 407.926, 407.927, 407.929, 407.931,
2 407.933, and 407.934, RSMo, are repealed and ten new sections enacted in lieu thereof, to be
3 known as sections 149.011, 149.160, 407.925, 407.926, 407.927, 407.929, 407.931, 407.933,
4 407.934, and 407.1615, to read as follows:
149.011. As used in this chapter, unless the context requires otherwise, the following
2 terms mean:
3 (1) "Alternative nicotine product", the same meaning as defined under section
4 407.925;
5 (2) "Cigar", any roll for smoking, except cigarettes, made chiefly of tobacco or any
6 substitute therefor;
7 [(2)] (3) "Cigarette", an item manufactured of tobacco or any substitute therefor,
8 wrapped in paper or any substitute therefor, weighing not to exceed three pounds per one
9 thousand cigarettes and which is commonly classified, labeled or advertised as a cigarette;
10 [(3)] (4) "Common carrier", any person, association, company, or corporation engaged
11 in the business of operating, for public use, an agency for the transportation of persons or
12 property within the state;
13 [(4)] (5) "Director", the director of Missouri department of revenue;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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14 [(5)] (6) "First sale within the state", the first sale of a tobacco product by a
15 manufacturer, wholesaler or other person to a person who intends to sell such tobacco products
16 at retail or to a person at retail within the state of Missouri;
17 [(6)] (7) "Manufacturer", any person engaged in the manufacture or production of
18 cigarettes;
19 [(7)] (8) "Manufacturer's invoice price", the original net invoice price for which a
20 manufacturer sells a tobacco product to a distributor, wholesaler or first seller in the state as
21 shown by the manufacturer's original invoice;
22 [(8)] (9) "Meter machine", a type of device manufactured for the use of printing or
23 imprinting an inked impression indicating that the cigarette tax has been paid on an individual
24 package of cigarettes;
25 [(9)] (10) "Package of cigarettes", a container of any type composition in which is
26 normally contained twenty individual cigarettes, except as in special instances when the number
27 may be more or less than twenty;
28 [(10)] (11) "Person", any individual, corporation, firm, partnership, incorporated or
29 unincorporated association, or any other legal or commercial entity;
30 [(11)] (12) "Retailer", any person who sells to a consumer or to any person for any
31 purpose other than resale;
32 [(12)] (13) "Sale" in this instance is defined to be and declared to include sales, barters,
33 exchanges and every other manner, method and form of transferring the ownership of personal
34 property from one person to another. "Sale" also means the possession of cigarettes or tobacco
35 products by any person other than a manufacturer, wholesaler or retailer and shall be prima facie
36 evidence of possession for consumption;
37 [(13)] (14) "Smokeless tobacco", chewing tobacco, including, but not limited to, twist,
38 moist plug, loose leaf and firm plug, and all types of snuff, including, but not limited to, moist
39 and dry;
40 [(14)] (15) "Stamped cigarettes", an individual package, containing twenty individual
41 cigarettes, more or less, on which appears or is affixed or imprinted thereon a Missouri state
42 cigarette tax stamp or Missouri state meter machine impression;
43 [(15)] (16) "Tax stamp", an item manufactured of a paper product or substitute thereof
44 on which is printed, imprinted, or engraved lettering, numerals or symbols indicating that the
45 cigarette tax has been paid on each individual package of cigarettes;
46 [(16)] (17) "Tobacco product", cigarettes, cigarette papers, clove cigarettes, cigars,
47 smokeless tobacco, smoking tobacco, or other form of tobacco products or products made with
48 tobacco substitute containing nicotine;

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49 [(17)] (18) "Unstamped cigarettes", an individual package containing cigarettes on which
50 does not appear a Missouri state cigarette tax stamp or Missouri state meter machine impression;
51 [(18)] (19) "Vapor product", the same meaning as defined under section 407.925;
52 (20) "Wholesaler", any person, firm or corporation organized and existing, or doing
53 business, primarily to sell cigarettes or tobacco products to, and render service to, retailers in the
54 territory