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Sale of Tobacco To Minors- Caveat Venditor! (Let the Seller Beware) Lawyers
Is it Against the Law to Sell Tobacco to Somone Under the Age of 18?
As a seller of tobacco, you break State law by selling tobacco to a minor. While there is no Federal law preventing the sale of tobacco to minors, the Federal Department of Health and Human Services can withold grant money to any state that does not have its own laws prohibiting tobacco sales to minors. As a result, all 50 states and the District of Columbia have laws which make selling tobacco products to minors illegal.
Most states define minors as those under the age of 18. Four states, Alabama, Alaska, New Jersey, and Utah define minors as those under the age of 19.
What Do These State Laws Require of Me as a Tobacco Vendor?
What is required of you as a vendor of tobacco varries according to your specific state law. However, 37 States plus the Distirict of Columbia require you to post signs at the point of sale stating that the sale of tobacco to minors is illegal. Additionally, 17 States plus the District of Columbia require that you check the I.D. of anyone attempting to buy tobacco products if they appear to be under the age of 18.
Additionally, many states and private companies, such as CVS and Chevron, have developed more stringent standards. Some of these standards include:
- Checking the I.D. of anyone attempting to purchase tobacco products who appears to be under the age of 27
- Prohibiting the use of vending machines to sell tobacco products
- Prohibiting distribution of free tobacco product samples
- Training employees on state and local laws, as well as company policies regarding the sale of tobacco to minors
- Conducting random compliane checks to ensure employees are following rules and procedures
What Happens if I am Caught Selling Tobacco to a Minor?
Penalties to vendors who sell tobacco to minors vary depending on state law. Penalties include fines ranging from $100 to over $1,000 for repeat violations, to being charged with a criminal misdemeanor. Additionally, your employer my be heavily fined resulting in you losing your job.
Is it Illegal for Minors to Attempt to Purchase Tobacco Products?
Depending on State law, minors who attempt to purchase tobacco products may face penantles ranging from fines to community service.
How Can I Protect Myself From Selling Tobacco to Minors?
You can protect yourself from selling tobacco to minors by knowing and following local and state laws. You should ask your employer what the law in your state is, and how you can comply with it. Additionally, you can ask your employer to post signs which clearly state that you will not sell tobacco to minors. You should establish a procedure to help verify the age of a potential tobacco purchaser. Further, you can request additonal training such as how to spot a fake I.D. By taking these steps, you can help ensure that you are not caught selling tobacco to a minor.
Do I Need a Lawyer if I am Caught Selling Tobacco to a Minor?
A criminal defense attorney will be able to advise you on your state law and the rights and defenses available to you. If you believe that you were wrongly accused, your attorney may also be able to help you defend yourself.
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