[1]
Editor's Note: The Federal Further Consolidated Appropriations
Act, 2020, PL 116-94, adopted 12-20-2019, raises the minimum age to
buy tobacco products from 18 to 21.
For purposes of this Article, the
following definitions shall apply:
Any non-combustible product containing nicotine that is intended
for human consumption, whether chewed, absorbed, dissolved or ingested
by any other means. "Alternative nicotine product" does not include
any vapor product, tobacco product or any product regulated as a drug
or device by the United States Food and Drug Administration under
Chapter V of the Food, Drug and Cosmetic Act.[1]
Any playground, school or other facility, when such facility
is being used primarily by persons under the age of eighteen (18)
for recreational, educational or other purposes.
A conveyance to the public by sale, barter, gift or sample.
A person under the age of eighteen (18).
A driver's license or other generally accepted means of identification
that contains a picture of the individual and appears on its face
to be valid.
Paper designed, manufactured, marketed or sold for use primarily
as a wrapping or enclosure for tobacco which enables a person to roll
loose tobacco into a smokeable cigarette.
A tobacco product, alternative nicotine product or vapor
product distributed to members of the general public at no cost or
at nominal cost for product promotional purposes.
The distribution to members of the general public of tobacco
product, alternative nicotine product or vapor product samples.
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco, but does not include alternative nicotine products
or vapor products.
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit or other electronic,
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
"Vapor product" includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe or similar product or device
and any vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe
or similar product or device. "Vapor product" does not include any
alternative nicotine product or tobacco product.
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products, alternative nicotine products or vapor
products.
[1]
Editor's Note: See 21 U.S.C. § 351
et seq.
A.
Any person or entity who sells tobacco
products, alternative nicotine products, or vapor products shall deny
the sale of such tobacco products to any person who is less than eighteen
(18) years of age.
B.
Any person or entity who sells or distributes tobacco products, alternative nicotine products, or vapor products by mail or through the Internet in this State in violation of Subsection (A) of this Section shall be assessed a fine of two hundred fifty dollars ($250.00) for the first violation and five hundred dollars ($500.00) for each subsequent violation.
C.
Alternative nicotine products and vapor
products shall only be sold to persons eighteen (18) years of age
or older, shall be subject to local and State sales tax, but shall
not be otherwise taxed or regulated as tobacco products.
D.
Nicotine Liquid Containers — Regulations.
1.
Any nicotine liquid container that
is sold at retail in this State shall satisfy the child-resistant
effectiveness standards set forth in 16 CFR 1700.15(b) as in effect
on the effective date of this Section when tested in accordance with
the method described in 16 CFR 1700.20 as in effect on the effective
date of this Section.
2.
For the purposes of this Subsection,
“nicotine liquid container” shall mean a bottle or other
container of liquid or other substance containing nicotine if the
liquid or substance is sold, marketed, or intended for use in a vapor
product. A “nicotine liquid container” shall not include
a liquid or other substance containing nicotine in a cartridge that
is sold, marketed, or intended for use in a vapor product, provided
that such cartridge is prefilled and sealed by the manufacturer and
not intended to be opened by the consumer.
3.
Any person who engages in retail
sales of liquid nicotine containers in this State in violation of
this Subsection shall be assessed a fine of two hundred fifty dollars
($250.00) for the first violation and five hundred dollars ($500.00)
for each subsequent violation.
4.
The Department of Health and Senior
Services may adopt rules necessary to carry out the provisions of
this Subsection. Any rule or portion of a rule, as that term is defined
in Section 536.010, RSMo., that is created under the authority delegated
in that Section shall become effective only if it complies with and
is subject to all of the provisions of Chapter 536, RSMo., and, if
applicable, Section 536.028, RSMo. This Section and Chapter 536, RSMo.,
are non-severable, and if any of the powers vested with the General
Assembly under Chapter 536, RSMo., to review, to delay the effective
date, or to disapprove and annul a rule are subsequently held unconstitutional,
then the grant of rule-making authority and any rule proposed or adopted
after August 28, 2015, shall be invalid and void.
5.
The provisions of this Subsection
and any rules adopted hereunder shall be null, void, and of no force
and effect upon the effective date of the final regulations issued
by the Federal Food and Drug Administration or from any other Federal
agency if such regulations mandate child-resistant effectiveness standards
for nicotine liquid containers.
A.
It shall be unlawful for any person to
sell, provide or distribute tobacco products, alternative nicotine
products or vapor products to persons under eighteen (18) years of
age.
B.
All vending machines that dispense tobacco products, alternative nicotine products or vapor products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than eighteen (18) years of age from purchasing any tobacco product, alternative nicotine product or vapor product from such machine or shall be equipped with a lock-out device to prevent the machines from being operated until the person responsible for monitoring sales from the machines disables the lock. Such locking device shall be of a design that prevents it from being left in an unlocked condition and which will allow only a single sale when activated. A locking device shall not be required on machines that are located in areas where persons less than eighteen (18) years of age are not permitted or prohibited by law. An owner of an establishment whose vending machine is not in compliance with the provisions of this Subsection shall be subject to the penalties contained in Subsection (D) of this Section. A determination of non-compliance may be made by a local law enforcement agency or the Division of Alcohol and Tobacco Control. Nothing in this Section shall apply to a vending machine if located in a factory, private club or other location not generally accessible to the general public.
C.
No person or entity shall sell, provide
or distribute any tobacco product, alternative nicotine product or
vapor product or rolling papers to any minor or sell any individual
cigarettes to any person in this State. This Subsection shall not
apply to the distribution by family members on property that is not
open to the public.
D.
E.
Any owner of the establishment where tobacco products, alternative nicotine products or vapor products are available for sale who violates Subsection (C) of this Section shall not be penalized pursuant to this Section if such person documents the following:
1.
An in-house or other tobacco compliance
employee training program was in place to provide the employee with
information on the State and Federal regulations regarding sales of
tobacco products, alternative nicotine products or vapor products
to minors. Such training program must be attended by all employees
who sell tobacco products, alternative nicotine products or vapor
products to the general public;
2.
A signed statement by the employee
stating that the employee has been trained and understands the State
laws and Federal regulations regarding the sale of tobacco products,
alternative nicotine products or vapor products to minors; and
3.
Such in-house or other tobacco compliance
training meets the minimum training criteria, which shall not exceed
a total of ninety (90) minutes in length, established by the Division
of Alcohol and Tobacco Control.
F.
The exemption in Subsection (E) of this Section shall not apply to any person who is considered the general owner or operator of the outlet where tobacco products, alternative nicotine products or vapor products are available for sale if:
G.
If a sale is made by an employee of the owner of an establishment in violation of this Article, the employee shall be guilty of an offense established in Subsections (A), (B) and (C) of this Section. If a vending machine is in violation of Section 210.2140, the owner of the establishment shall be guilty of an offense established in Subsections (C) and (D) of this Section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in Subsections (C) and (D) of this Section.
H.
A person cited for selling, providing or distributing any tobacco product, alternative nicotine product or vapor product to any individual less than eighteen (18) years of age in violation of Subsection (A), (B) or (C) of this Section shall conclusively be presumed to have reasonably relied on proof of age of the purchaser or recipient, and such person shall not be found guilty of such violation if such person raises and proves as an affirmative defense that such individual presented a driver's license or other government-issued photo identification purporting to establish that such individual was eighteen (18) years of age or older.
I.
Any person adversely affected by this Section
may file an appeal with the Administrative Hearing Commission which
shall be adjudicated pursuant to the procedures established in Chapter
621, RSMo.
A.
No person less than eighteen (18) years
of age shall purchase, attempt to purchase or possess cigarettes,
tobacco products, alternative nicotine products or vapor products
unless such person is an employee of a seller of cigarettes, tobacco
products, alternative nicotine products or vapor products and is in
such possession to effect a sale in the course of employment or an
employee of the Division of Alcohol and Tobacco Control for enforcement
purposes pursuant to Subsection (5) of Section 407.934, RSMo.
B.
Any person less than eighteen (18) years
of age shall not misrepresent his/her age to purchase cigarettes,
tobacco products, alternative nicotine products or vapor products.
C.
Any person who violates the provisions
of this Section shall be penalized as follows:
1.
For the first violation, the person
is guilty of an infraction and shall have any cigarettes, tobacco
products, alternative nicotine products or vapor products confiscated;
2.
For a second violation and any subsequent
violations, the person is guilty of an infraction, shall have any
cigarettes, tobacco products, alternative nicotine products or vapor
products confiscated and shall complete a tobacco education or smoking
cessation program, if available.
No person shall sell cigarettes,
tobacco products, alternative nicotine products or vapor products
unless the person has a retail sales tax license.
A.
The owner of an establishment at which
tobacco products, alternative nicotine products, vapor products or
rolling papers are sold at retail or through vending machines shall
cause to be prominently displayed in a conspicuous place at every
display from which tobacco products, alternative nicotine products,
vapor products are sold and on every vending machine where tobacco
products, alternative nicotine products, vapor products are purchased
a sign that shall:
1.
Contain in red lettering at least
one-half (1/2) inch high on a white background the following:
IT IS A VIOLATION OF STATE LAW FOR
CIGARETTES, OTHER TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS
OR VAPOR PRODUCTS TO BE SOLD OR OTHERWISE PROVIDED TO ANY PERSON UNDER
THE AGE OF EIGHTEEN OR FOR SUCH PERSON TO PURCHASE, ATTEMPT TO PURCHASE
OR POSSESS CIGARETTES, OTHER TOBACCO PRODUCTS, ALTERNATIVE NICOTINE
PRODUCTS OR VAPOR PRODUCTS; and
2.
Include a depiction of a pack of
cigarettes at least two (2) inches high defaced by a red diagonal
diameter of a surrounding red circle and the words "Under 18."
A.
No person or entity shall sell individual
packs of cigarettes or smokeless tobacco products unless such packs
satisfy one (1) of the following conditions prior to the time of sale:
A.
A person or entity selling tobacco products,
alternative nicotine products or vapor products or rolling papers
or distributing tobacco product, alternative nicotine product or vapor
product samples shall require proof of age from a prospective purchaser
or recipient if an ordinary person would conclude on the basis of
appearance that such prospective purchaser or recipient may be under
the age of eighteen (18).
B.
The operator's or chauffeur's license issued
pursuant to the provisions of Section 302.177, RSMo., or the operator's
or chauffeur's license issued pursuant to the laws of any State or
possession of the United States to residents of those States or possessions,
or an identification card as provided for in Section 302.181, RSMo.,
or the identification card issued by any uniformed service of the
United States, or a valid passport shall be presented by the holder
thereof upon request of any agent of the Division of Alcohol and Tobacco
Control or any owner or employee of an establishment that sells tobacco
products, alternative nicotine products or vapor products for the
purpose of aiding the registrant, agent or employee to determine whether
or not the person is at least eighteen (18) years of age when such
person desires to purchase or possess tobacco products, alternative
nicotine products or vapor products procured from a registrant. Upon
such presentation, the owner or employee of the establishment shall
compare the photograph and physical characteristics noted on the license,
identification card or passport with the physical characteristics
of the person presenting the license, identification card or passport.
C.
Any person who shall, without authorization
from the Department of Revenue, reproduce, alter, modify or misrepresent
any chauffeur's license, motor vehicle operator's license or identification
card shall be deemed guilty of an ordinance violation.
D.
Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of Subsections (A), (B) and (C) of Section 210.2110 of this Article. No person shall be liable for more than one (1) violation of Subsections (B) and (C) of Section 210.2110 on any single day.
