NJ Assembly approves higher penalties for underage tobacco sales

Assembly lawmakers moved to triple penalties for underage tobacco sales in a bid to stop teenagers from using electronic cigarettes lawmakers say have proliferated in recent years.

The bill, which passed the chamber’s floor in a 66-7 vote with four abstentions from Republicans, would triple progressive fines for retailers who sell any tobacco product to anyone below the age of 21 and lower the bar for the state to strip violators of their tobacco licenses.

Bill sponsor Assemblyman Michael Venezia (D-Essex) said the changes are meant to help local authorities enforce tobacco age limits amid a proliferation of vape shops.

“It’s hard because there was not a lot of funding put in place for them to enforce it,” Venezia said. “The fine was only $250, so most vape shops are happy to pay that $250 fine, so what we’re doing is we’re increasing the fine. We’re putting some teeth to it.”

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Under existing law, retailers who sell tobacco products to underage customers face a $250 fine for the first offense, a $500 fine for the second, and a $1,000 fine for third and subsequent violations.

The bill would triple those fines at every level, to $750, $1,500, and $3,000, respectively.

It would also require the state’s taxation division to suspend a retailer’s tobacco license at the host municipality’s request following a local hearing. After a second violation, the division would be required to revoke the license if the municipality requests it to do so.

Current law gives the division discretion in both circumstances.

Eric Blomgren, executive director of the New Jersey Energy Marketers Group, which represents convenience stores and others that sell tobacco products, said his organization backs the measure to help weed out bad apples.

“We support full enforcement of the law. We support full compliance of the law,” Blomgren said. “Generally, we find the type of business owner that joins a trade association really is the cut above, and if anything, they get kind of victimized by the people who break the law.”

Less scrupulous competitors could draw business away from retailers that follow the law, Blomgren said.

Assemblywoman Dawn Fantasia (R-Sussex), who abstained on the bill, questioned why lawmakers were not applying similar restrictions to alcohol retailers.

“I’m not here advocating that we should loosen restrictions and let’s sell a bunch of these things — alcohol, cigarettes, tobacco — to kids. That’s not the point at all,” she said. “What I’m saying is why does the liquor retailer get more flexibility than the convenience store or the bodega owner down the street?”

Fines under the bill would flow into the host municipality’s coffers, though 5% of the penalties would go to the state Department of Health for educational and outreach programs on the dangers of nicotine vaping products and the consequences of selling them to underage users.

The bill has not yet moved in the Senate.

Sen. Joe Vitale (D-Middlesex), who chairs the Senate Health Committee and is the bill’s sponsor in the chamber, said its movement is a matter of timing. Opposition hadn’t appeared let alone blocked the legislation, he said,