Tobacco Modernization and Compliance Act of 2010 (SF3055) Summary

• Modernizes the definition of tobacco products to include all forms of tobacco intended for human consumption (chewed, smoked, inhaled, etc.) while excluding FDA-approved cessation and medical products

• Authorizes towns, cities, and counties to license and regulate retail sales of tobacco and tobacco-related devices (cigarette papers and pipes) and establish license fees to cover enforcement costs

• Establishes administrative penalties for selling tobacco to minors: $75 for first violation, $200 for second violation within 24 months, and $250 plus 7-day license suspension for third violation within 24 months

• Requires licensing authorities to conduct annual unannounced compliance checks using minors aged 15-17 (with parental consent) under law enforcement supervision to test seller compliance

• Creates new criminal penalties for selling non-tobacco nicotine or lobelia products to minors under age 18 (misdemeanor for first offense, gross misdemeanor for subsequent violations within 5 years) and makes possession by minors a petty misdemeanor