Laws/Regulations Restricting Sale of Electronic Smoking Devices and Alternative Nicotine Products to Minors

Transcription

1 Laws/Regulations Restricting Sale of Electronic Smoking Devices and Alternative Nicotine to State E-Cigarettes Penalties f Penalties f Sale AL ALA. CODE (2013) NO (under 19 prohibited) Civil citation and of $10 $50 NO N/A AK AZ ALASKA STAT (2012) NO NO N/A ARIZ. REV. STAT. ANN (2013) NO Guilty of a petty (under age 19 prohibited) Subject to of not less than $300 Guilty of a petty Owners and employees of retails are subject to a of up to $100. persons are guilty of a Class A misdemean. AR ARK. CODE ANN (2015); ARK. CODE ANN (2015) NO E-cigarettes and/ nicotine products may be confiscated by law enfcement authities F retailers: -$250 f first violation within 48 months of notice of violation -$500 and suspension of license f 2 days f second violation within 48 months -$1,000 and suspension of license f 7 days f third violation within 48 months -$2,000 and suspension of license f

2 CA CO CT DE CAL. BUS. & PROF. CODE (2016), (2016), (2016) E-Cigarettes Penalties f NO NO COLO. REV. STAT (2014) CONN. GEN. STAT. ANN B (2016) DEL. CODE ANN. tit. 11, 1115 (2014); DEL. CODE ANN. tit. 11, 1116 (2014); DEL. CODE ANN. tit. 11, 1121 (2014); DEL. CODE ANN. tit. 11, 1124 (2014) NO NO* Guilty of Class 2 petty and subject to $100 Up to $50 f first and $50-$100 f s -$50 25 hours of f first violation -$50 and 50 hours of community service f s within 12 (sale to those under 21 prohibited) Penalties f Sale 14 days f fourth violation within 48 months -Revocation of license to sell tobacco f violations within 48 months -First violation: $400-$600 -Second violation: $900- $1000 within a 5 year period -Third violation: $1200- $1800 within a 5 year period -Fourth violation: $3000- $4000 within a 5 year period -Fifth violation: $5000- $6000 within a 5 year period Guilty of Class 2 petty and subject to $200 -Up to $200 f first -Up to $350 f second within 18 months -Up to $500 f s within 18 months -$250 f first violation -$500 f second violation within 12 months -$1,000 f all violations within 12 months (possibility of license revocation f up to 6 months) Page 2

3 E-Cigarettes Penalties f months Penalties f Sale DC NO LAW NO NO NO N/A NO N/A FL GA FLA. STAT. ANN (2014) GA. CODE ANN (2014) HI HAW. REV. STAT (2016) ID IDAHO CODE ANN (2012), (2013), (2012), (2012) NO NO (under 21 prohibited) NO -$25 16 hours of f first violation -$25 f second violation within 12 weeks of the first violation and suspension of driver s license f violations Community service up to 20 hours and/ participation in discussion on the health hazards of smoking -First violation: $10 -Subsequent violations: $ hours of Civil infraction and subject to a of $17.50 (under 21 prohibited) -First violation: misdemean in second degree (up to 60 days imprisonment) -Subsequent violations: misdemean in first degree (up to 12 months imprisonment) Guilty of misdemean -First violation: $500 -Subsequent violations: $500 to $2,000 $100 IL 720 ILL. COMP. STAT. ANN. 675/1.5 (2016) NO NO N/A Guilty of a petty -Subject to $200 f first ; Page 3

4 IN IA KS KY LA ME IND. CODE ANN (2013) AND (2013) IOWA CODE ANN. 453A.2 (2014) E-Cigarettes NO NO KAN. STAT. ANN (2012) NO NO KY. REV. STAT. ANN (2014) AND (2014) LA. REV. STAT. ANN. 14:91.8 (2014) No Law NO NO Penalties f Guilty of Class C infraction -First violation: 8 hours of community service -Second violation: 12 hours of -Subsequent violation: 16 hours of community service Guilty of cigarette tobacco infraction and subject to $25 A status and and subject to unifm citation Subject to up to $50 f each violation Penalties f Sale -Subject to $400 f second within 24 month period; and -Subject to $600 f s within 24 month period. Guilty of Class C infraction and subject to civil penalties Guilty of simple misdemean Guilty of Class B misdemean and subject to a of at least $200. KAN. STAT. ANN ) -Subject to $100 - $500 f first violation. -Subject to $500 - $1,000 f violations -First violation: $50 -Second violation: $100 -Third violation: $250 -Subsequent violations: $400 NO NO NO N/A NO N/A Page 4

5 MD MA MD. CODE ANN., HEALTH GEN (2015) E-Cigarettes Penalties f NO NO N/A 940 MASS. CODE. REGS (2016) NO NO N/A Penalties f Sale Subject to $300 f first violation and $500 f any violation within 24 months Penalties vary depending upon specific jurisdiction. MI MN MS MO MT No Law MINN. STAT. ANN AND (2014) NO NO NO N/A NO N/A Guilty of petty misdemean MISS. CODE ANN (2013) NO NO N/A MO. REV. STAT (2015); (2014); (2014) MONT. CODE ANN (2016) AND (2016) NO NO -Subject to confiscation of vap products and alternative nicotine products f first -Subject to confiscation of products and smoking cessation program f s -First - $50 -Second - Guilty of a misdemean f first and guilty of gross misdemean f s -Subject to $50 f first -Subject to $75 f second -Subject to $100 f s -Subject to $25 f first -Subject to $100 f second -Subject to $250 f s -First through third violation: verbal notification of violation Page 5

6 E-Cigarettes Penalties f $75-$100 -Third - $100-$250 may be adjudicated on a petition alleging the person to be a youth in need of intervention under the provisions of the Montana Youth Court Act. Penalties f Sale -Fourth violation: written notice of violation -Fifth violation: $500 fee and subject to tobacco educational material -Sixth violation: suspension of license to sell tobacco f 3 months -Seventh violation: suspension of license f 1 year NE NEB. REV. STAT. ANN (2014), (2014) AND 1419 (2014) NO Guilty of Class V misdemean Guilty of Class III misdemean NV NH NEV. REV. STAT. ANN (2015) N.H. REV. STAT. ANN. 126-K:4 (2010) AND 126-K:6 (2010) NO NO N/A NO Subject to $100 and/ 20 hours of community service $500 and $500 civil penalty -First violation: <$250 -Second violation: <$500 -Third violation: $500 - $1,500 and suspension of license f days -Fourth violation: $750 - $3,500 and suspension of license f days -Subsequent violations: revocation of license NJ N.J. STAT. ANN. 2A: (2010) NO NO NO N/A Civil penalty of not less than $250 f the first violation, not less than $500 f the second Page 6

7 E-Cigarettes Penalties f Penalties f Sale violation, and $1,000 f the third and each violation. NM N.M. STAT. ANN (2015) NO Subject to $ hours of Guilty of a misdemean NY N.Y. PUB. HEALTH LAW 1399-CC (2014) NO NO N/A Subject to a civil penalty of $300 - $1,000 f first violation and a civil penalty of $500 - $1,500 f violations. The retailer is also subject to suspension and/ revocation of license f violations. NC N.C. GEN. STAT. ANN (2015) Guilty of Class 2 misdemean Guilty of Class 2 misdemean ND N.D. CENT. CODE (2015) OH OHIO REV. CODE ANN (2014) NO Guilty of noncriminal and subject to $25 NO NO N/A Guilty of an infraction Guilty of a misdemean in the fourth degree f first and guilty of a misdemean in the third degree f s. OK OKLA. STAT. ANN. tit. 37, (2016); OKLA. STAT. ANN. tit. 10A (2014); NO -First - up to $100 -Up to 200 within a 2 year -First : <$100 -Second within 2 years: <$200 -Third within 2 Page 7

8 OKLA. STAT. ANN. tit. 21, 1241 (2014) E-Cigarettes period Penalties f Penalties f Sale years: <$300 and suspension of license f up to 30 days -Subsequent s within 2 years: <$300 and suspension of license f up to 60 days OR Guilty of misdemean and punished by of $25- $200 and imprisonment of days. OR OR. REV. STAT. ANN. 431A.175 (2016); OR. REV. STAT. ANN (2015) NO Class D Violation Civil Penalty of $250- $1,000 PA RI SC No Law R.I. GEN. LAWS ANN (2014); R.I. GEN. LAWS ANN (2015); R.I. GEN. LAWS ANN (2014) S.C. CODE ANN (2013) NO NO NO N/A NO N/A NO NO 30 hours of treatment program Guilty of noncriminal -First : $250 -Second within 36 months: $500 -Third within 36 months: $1,000 and suspension of license f up to 14 days -Subsequent s within 36 months: $1,500 and suspension of license f up to 90 days -First : $100 - $200 Page 8

9 SD TN TX UT S.D. CODIFIED LAWS AND (2014) TENN. CODE ANN (2015) TEX. HEALTH AND SAFETY CODE ANN (2015) and TEX. HEALTH AND SAFETY CODE ANN (2015) UTAH CODE ANN (2010); (2010); (2015) E-Cigarettes ** Penalties f and subject to $25. The court may require min to participate in smoking cessation program perfm up to 5 hours of. Failure to complete program hours of could result in restriction of driving privileges. Guilty of Class 2 misdemean NO N/A NO *** Fine up to $250 Guilty of class C misdemean and subject to of at least $60 and participation in a court approved tobacco education program. Penalties f Sale -Second within 3 years: $200 - $300 -Subsequent s within 3 years: $300 - $400 Vend may be required to complete a tobacco enfcement education program Guilty of Class 2 misdemean Guilty of Class C misdemean Guilty of Class C misdemean Guilty of Class C misdemean f first -Guilty of Class B misdemean f second -Guilty of Class A misdemean f s Page 9

10 VT VA WA WV VT. STAT ANN. tit. 7, 1003 (2016) AND 1005 (2016) VA. CODE ANN (2015) WASH. REV. CODE ANN (2016) W. VA. CODE ANN. 16-9A-2 (2014) AND 16-9A-3 (2014) E-Cigarettes NO**** NO NO Penalties f Subject to civil penalty of $25 and confiscation of tobacco substitute products. Failure to pay penalty could result in suspension of driver s license. Subject to civil penalty of <$100 f first violation and to civil penalty of <$250 f violations. Alternatively, the min may be required to complete 20 hours of community service f first violation and 40 hours of community service f violations. NO NO NO N/A NO***** -First violation: $50 and 8 hours of -Second violation: Penalties f Sale Subject to civil penalty of <$100 f first and <$500 f s. -Subject to civil penalty of <$100 f first violation -Subject to civil penalty of <$200 f second violation -Subject to civil penalty of <$500 f violations. Guilty of a gross misdemean F cpations: -Guilty of a misdemean -$50 f first -$250 - $500 f Page 10

11 E-Cigarettes Penalties f $100 and 16 hours of community service -Subsequent violations: $200 and 24 hours of community service Penalties f Sale second within 2 years of first violation -$500 - $750 f third within 2 years of first violation -$1,000 - $5,000 f s within 5 years of first violation WI WIS. STAT. ANN (2016); (2012) NO May be seized by law enfcement F individuals: -Guilty of a misdemean -<$100 f first -$100 - $500 f s. However, this punishment only applied to tobacco derived products. Subject to <$500 if the person has not committed pri violation within 12 months. Subject to $200 - $500 if the person has committed a violation in the pri 12 months. License to sell tobacco may be suspended: -f up to 3 days if the person committed a violation within 12 months of committing a pri violation -f 3 10 days if the person committed a violation within 12 months of committing 2 other violations-f days if the person committed a Page 11

12 WY WYO. STAT. ANN (2013) E-Cigarettes Penalties f -Guilty of a misdemean -$50 f first violation -$250 f second violation within 24 months -$750 f violations within 24 months Court may allow min to perfm in lieu of the Penalties f Sale violation within 12 months of 3 me other violations F retailers: -Guilty of a misdemean -$50 community service f first -$250 community service f second violation within 24 months -$750 community service f violations within 24 months F individuals: -Guilty of a misdemean -$50 f first violation -$250 f second violation within 24 months -$750 f violations within 24 months *DE law des electronic cigarettes and its components as tobacco substitute products. **SD law des vap products as tobacco products only f the purpose of prohibiting its distribution to mins and possession by mins. ***A min may purchase if in the presence of an adult parent, guardian, spouse. ****VT law des electronic cigarettes and other nicotine delivery devices as tobacco substitute products. *****WV law des alternative nicotine products as tobacco-derived products, a separate categy from tobacco products. However, alternative nicotine product and vap product are also ded. This document was developed by the Legal Resource Center f Public Health Policy at the University of Maryland Francis King Carey School of Law, with funding and suppt provided in part by the Centers f Disease Control and Prevention. The Legal Resource Center f Public Health Policy provides infmation and technical assistance on issues related to public health in Maryland. The legal infmation and assistance does not constitute legal advice legal representation. F legal advice, please consult specific legal counsel. Page 12