[MMA News Now, July 29, 2010] The Tobacco Modernization and Compliance Act of 2010, a new Minnesota law which will strengthen restrictions on the sale and use of tobacco products and related devices, will become law on August 1, 2010.

Chief among the provisions in the law is an expanded definition of “tobacco products” that are subject to excise tax. The tax now applies to any product that is intended for human consumption and contains, or is made or derived from, tobacco (e.g., dissolvable products and little cigars), not just those “suitable for chewing or smoking.” The law also expands an existing ban on the distribution of tobacco products via no cost or nominal cost promotions to include all tobacco products under this new definition.

Additional provisions prohibit the sale of tobacco products (including rolling papers and hookah pipes) in open displays, unless they are in adult-only tobacco stores. It also clarifies that retailers who sell such products must obtain a tobacco retail license and that selling them to a minor is illegal. The new law also bans the sale of lobelia, an emerging nicotine alternative that is used in so-called electronic cigarettes, to minors.

However, FDA-approved tobacco cessation products are exempted from the new law, and the use of tobacco products by a minor is not punishable when it is part of a Native American cultural ceremony.

Under this bill, which was signed into law by Governor Tim Pawlenty on May 11, Minnesota will become the first state to require that tobacco products be sold from behind the counter as well as the first state to regulate the sale of products containing lobelia.

For more information and resources related to the Tobacco Modernization Act, visit the Minnesota Department of Health.