S.F. No. 3402 - Tobacco Modernization and Compliance Act of 2010

• Modernizes the definition of "tobacco products" to include any product containing or derived from tobacco intended for human consumption by any method (chewed, smoked, inhaled, etc.), excluding FDA-approved cessation products and cigarettes.

• Expands licensing requirements to cover tobacco-related devices (cigarette papers and pipes) in addition to tobacco products, with municipalities and counties authorized to license and regulate retail sales.

• Increases administrative penalties for tobacco sales violations: first violation $75, second within 24 months $200, third within 24 months $250 plus suspension for at least 7 days; individuals who sell tobacco to minors face a $50 penalty.

• Prohibits single-package cigarettes and smokeless tobacco in open displays accessible to the public without employee intervention, with exceptions for adult-only retail establishments.

• Creates criminal penalties for selling nicotine or lobelia delivery products to persons under 18: misdemeanor for first offense, gross misdemeanor for subsequent violations within 5 years; establishes petty misdemeanor for minors who possess such products.