(a) A person commits the offense of selling or giving an electronic smoking product or a product containing nicotine to a minor if the person
(1) negligently sells an electronic smoking product or a product containing nicotine to a person under 19 years of age;
(2) is 19 years of age or older and negligently exchanges or gives an electronic smoking product or a product containing nicotine to a person under 19 years of age;
(3) maintains a vending machine that dispenses electronic smoking products or products containing nicotine; or
(4) holds a business license endorsement under AS 43.70.075 and allows a person under 19 years of age to sell an electronic smoking product or a product containing nicotine.
(b) The provisions of (a) of this section do not apply to the sale, exchange, or gift to a person under 19 years of age of an electronic smoking product or a product containing nicotine that is intended or expected to be consumed without being combusted if the electronic smoking product or product containing nicotine
(1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes;
(2) is being marketed and sold solely for the approved purposes; and
(A) prescribed by a health care professional;
(B) given to a person by the person's parent or legal guardian;
(C) provided by a state-approved tobacco cessation program administered by the Department of Health and Social Services; or
(D) provided by a pharmacist to a person 18 years of age or older without a prescription.
(c) An employer is legally accountable as provided in AS 11.16.110 for the conduct of an employee who violates (a) of this section if the employer negligently fails to advise the employee regarding the conduct prohibited in (a) of this section.
(d) Notwithstanding (a)(3) of this section, a person who maintains a vending machine is not in violation of (a)(3) of this section if the vending machine is located
(A) as far as practicable from the primary entrance; and
(B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public; or
(2) in an employee break room or other controlled area of a private work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 8.5 inches indicating that possession of electronic smoking products or products containing nicotine by a person under 19 years of age without a prescription is prohibited under AS 11.76.109 .
(e) The court shall forward a record of each person convicted under this section who holds a business license endorsement under AS 43.70.075 , or who is an employee or agent of a person who holds a business license endorsement under AS 43.70.075 , to the Department of Commerce, Community, and Economic Development.
(f) In this section, “product containing nicotine” does not include a cigarette, a cigar, tobacco, or a product containing tobacco.
(g) Selling or giving an electronic smoking product or a product containing nicotine to a minor is a violation and, upon conviction, is punishable by a fine of not less than $300.
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