Bill bans sale of tobacco, vape products in vending machines

Author:Dongguan Moki Technology Co., Ltd. Date:2023-10-27 Reading:

A pair of measures introduced last week seek to ban the sale of tobacco, nicotine or vape products through vending machines, as well as provide additional funding for programs specializing in tobacco and nicotine education, prevention and treatment.

Both bills are sponsored by Sens. Sabina Flores Perez and Chris Barnett, with Perez serving as the main sponsor.

Bill 187-37 would make it a violation of law for any person to sell tobacco, vape devices, vape-related products or nicotine through a vending machine.

"In August 2023, the State Epidemiological Profile reported that tobacco consumption remains higher in Guam than in the U.S., for both adults and youth. Although the (Guam State Epidemiological Outcomes Workgroup) indicates an overall decline, Guam still has one of the highest smoking prevalence rates across various states and territories," the bill stated.

"SEOW reports out that the decline over a ten-year period in tobacco and nicotine use in Guam is a result of strengthening local policies, enforcement efforts and increased taxation. Therefore, it is the intent of I Liheslaturan Guåhan to continue to create safeguards for Guam’s youth by removing all sales of tobacco, nicotine, vape and vape-related products through vending machines in Guam," Bill 187 added.

Bill 186-37 updates the use of tobacco fees and penalties, as well as language for the Youth Tobacco Education and Prevention Fund.

Current law states that 30% of tobacco-related fines and fees should go to the Department of Parks and Recreation Off-Island Sports Fund; 20% should go to the Health and Human Services Fund; and the remaining 50% should go to the Youth Tobacco Education and Prevention Fund.

Bill 186 changes this so that 20% would go to the Better Public Service Fund for the Department of Revenue and Taxation Compliance Branch to assist with compliance of tobacco and nicotine laws and regulations. This also means that tobacco-related fines and fees will no longer fund the DPR Off-Island Sports Fund. The portion for the Health and Human Services Fund is upped to 30% by Bill 186, which also specifies that the funds will be for providing tobacco and nicotine education and prevention services, as well as comprehensive cancer, breast cancer and cervical cancer care.

The portion for the Youth Tobacco Education and Prevention Fund remains the same under Bill 186, but the language is amended to say that the director of the Guam Behavioral Health and Wellness Center shall submit annual expenditure reports to the Guam Legislature.

"I Liheslatura further finds that the (Healthy Futures Fund) that currently fund youth tobacco education and prevention programs are spread too thin to be effective, leading these essential programs to rely heavily, if not entirely, on federal grants. Furthermore, local tobacco/nicotine education and prevention programs at the Guam Behavioral Health and Wellness Center and the Department of Public Health and Social Services are primarily, if not completely, federally funded," the legislative findings and intent for Bill 186 stated.

"Therefore, it is the intent of I Liheslaturan Guåhan to protect Guam’s youth from the harmful effects of tobacco and nicotine products by subsidizing and diversifying funding sources toward government programs that specialize in tobacco and nicotine education, prevention and treatment," the bill's statement of findings and intent added.


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