CHAPTER 472

FORMERLY

SENATE BILL NO. 63

AS AMENDED BY HOUSE AMENDMENT NOS. 1, 2, 3, AND 4 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 6 AND TITLE 11 OF THE DELAWARE CODE RELATING TO TOBACCO PRODUCTS AND PROHIBITED TRADE PRACTICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §1120, Title 11, Delaware Code by deleting the words “in sealed packages” in the Title and by designating the current §1120 as §1120(a) and by inserting a new §1120(b) to read as follows:

“(b) No person shall distribute any pack of cigarettes containing fewer than twenty (20) cigarettes.”

Section 2. Amend §1119, Title 11, Delaware Code, by adding a new subsection (c), as follows:

“(c) It shall be unlawful for any person who owns operates, or manages a business establishment where tobacco products are offered for sale over the counter at retail to maintain such products in any display accessible to customers that is not either (1) within the line of sight of a cashier or other employee, or (2) under the control of a cashier or other employee. This prohibition shall not apply to business establishments to which persons under the age of 18 are not admitted unless accompanied by an adult, or tobacco stores. As used in this subsection, ‘within the line of sight’ means visible to a cashier or other employee, whether directly or by means of mirrors or monitors, and ‘under the control’ means within the reach of a cashier or other employee or protected by other security, surveillance or detection methods.”

Section 4. Amend Chapter 25, Title 6 of the Delaware Code, by adding a new §2507 as follows:

“Section 2507. Advertising of tobacco products On or In School Properties Prohibited.

(a) No person, firm, corporation, partnership or other organization shall advertise or cause to be advertised any tobacco products within two hundred (200) feet of any public or private school, excluding institutions of higher education. This section shall not apply to advertisements inside of a commercial establishment, except outward-facing advertisements placed in windows.

(b) This section shall not be construed to prohibit the display of any message or advertisement opposing the use of tobacco products. Any message or advertisement opposing the use of tobacco products that is placed within two hundred (200) feet of a school may not contain the brand name of any tobacco product or the name of any tobacco company.

(c) This sections shall not be construed to prohibit an advertisement stating that a commercial establishment sells tobacco products provided that the advertisement is on the premises or property of the commercial establishment and does not identify any tobacco product brand or any tobacco product manufacturer by name.

(d) The Attorney General may file a complaint in the Court of Chancery or Superior Court for the county in which the alleged unlawful practice has been or is to be partially or completely performed. The Court of Chancery may enjoin any person, firm, corporation, partnership or other organization from the commission of any such act, and may award damages and costs. Whoever is found to be in violation of this section by the Superior Court shall be fined not more than $1,000 for the first offense and not more than $5,000 for each subsequent offense.”

Section 5. This Act shall become effective on January 1, 2001.

Approved July 07, 2000