[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.
