(a) As used in this section:
(1) "Child", "cigarette", "tobacco product", and "alternative nicotine product" have the same meaning as in Section 636.20.
(2) "Detained" means the temporary care of a child pending Juvenile Court adjudication or disposition, or execution of a Juvenile Court order, in a public or private facility designed to physically restrict the movement and activities of a child.
(3) "Electronic smoking device" means any electronic delivery device and product delivering nicotine, lobelia or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through the inhalation of vapor from the product. Electronic smoking devices shall include any component, part, or accessory of such device, whether sold separately or not, and includes any substance intended to be aerosolized or vaporized during the use of the device. "Electronic smoking device" shall not include any product that has been approved or otherwise certified by the U.S. Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes and is being marketed, sold and used solely for that approved purpose.
(4) "Youth smoking education program" means a private or public agency that is related to tobacco use, prevention, and cessation, that is carried out or funded by the Ohio Department of Health pursuant to R.C. § 3701.84, that utilizes educational methods focusing on the negative health effects of smoking and using tobacco products, and that is not more than twelve hours in duration.
(b) No child shall do any of the following unless accompanied by a parent, spouse who is eighteen years of age or older, or legal guardian of the child:
(1) Use, consume or possess an electronic smoking device;
(2) Purchase or attempt to purchase an electronic smoking device, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of an electronic smoking device, cigarettes, other tobacco products, alternative nicotine products, or paper used to roll cigarettes; or
(4) Except as provided in subsection (e) of this section, accept or receive an electronic smoking device, cigarette, other tobacco product, alternative nicotine product, or paper used to roll cigarettes.
(c) No child shall knowingly furnish false information concerning that child's name, age, or other identification for the purpose of obtaining an electronic smoking device cigarette, other tobacco product, alternative nicotine product, or paper used to roll cigarettes.
(d) A Juvenile Court shall not adjudicate a child a delinquent or unruly child for a violation of subsection (b)(1), (b)(2), (b)(3), or (b)(4) or (c) of this section.
(e) (1) It is not a violation of subsection (b)(4) of this section for a child to accept or receive an electronic smoking device, cigarette, other tobacco product, alternative nicotine product, or paper used to roll cigarettes if the child is required to do so in the performance of the child's duties as an employee of that child's employer and the child's acceptance or receipt of a cigarette, other tobacco product, alternative nicotine product, or paper used to roll cigarettes occurs exclusively within the scope of the child's employment.
(2) It is not a violation of subsection (b)(1), (b)(2), (b)(3), or (b)(4) of this section if the child possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts or receives an electronic smoking device, cigarette, other tobacco product, alternative nicotine product, or paper used to roll cigarettes, while participating in an inspection or compliance check conducted by a federal, state, local, or corporate entity at a location at which cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes are sold or distributed.
(3) It is not a violation of subsection (b)(1) or (b)(4) of this section for a child to accept, receive, use, consume, or possess an electronic smoking device, cigarette, other tobacco product, alternative nicotine product, or paper used to roll cigarettes while participating in a research protocol if all of the following apply:
A. The parent or legal guardian of the child has consented in writing to the child participating in the research protocol.
B. A review board sanctioned by the appropriate federal or state agency, or an equivalent entity, has approved the research protocol.
C. The child is participating in the research protocol at the facility or location specified in the research protocol.
(f) If a Juvenile Court finds that a child violated subsection (b)(1), (b)(2), (b)(3), (b)(4) or (c) of this section, the court may do any or all of the following:
(1) Require the child to attend a youth smoking education program or other smoking treatment program approved by the court, if one is available.
(2) Require the child to perform not more than ten hours of community service.
(3) Impose a fine of not more than one hundred dollars ($100.00).
(g) If a child disobeys a Juvenile Court order issued pursuant to subsection (f) of this section, the court may do any or all of the following:
(1) Increase the fine imposed upon the child under subsection (f)(3) of this section.
(2) Require the child to perform an additional twenty hours of community service.
(3) Suspend for a period of thirty days the temporary instruction permit, probationary driver's license, or driver's license issued to the child.
(h) A child alleged or found to have violated subsection (b) or (c) of this section shall not be detained under any provision of this chapter or any other provision of the Revised Code.
(Ord. 2020-45. Passed 2-19-20.)