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[/tabtext] [tabtext] Tobacco defined
[/tabtext] [tabtext] Penalties
[/tabtext] [tabtext] Displays
[/tabtext] [tabtext] Checking ID
[/tabtext][/tabcontainer][tabcontent][tab] Except as otherwise provided under this section, a retailer may sell cigarettes, smokeless tobacco, and all other tobacco products only in a direct, face-to-face exchange between the retailer and consumer.
Examples of methods of sale that are not permitted include vending machines and self-service displays.
The law does not apply to:
- A duty-free sales enterprise selling duty-free merchandise in accordance with the provisions of title 19 United States Code section 1555(b), and any implementing regulations;
- Retail tobacco stores, bars, or any other establishment for which the minimum age for admission is eighteen. [L 2013, c 227, §3]
Tobacco in any form that is prepared or intended for consumption or for personal use by humans, including but not limited to cigarettes, cigars, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco.
Lighters, matches or rolling paper are not considered tobacco products.
[/tab] [tab]A person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter and fails to comply with this chapter shall be guilty of a violation and fined per HRS 328J-12:
- Not more than $100 for a first violation;
- Not more than $200 for a second violation within one year of the date of the first violation; and
- Not more than $500 for each additional violation within one year of the date of the preceding violation.
A person who owns, manages, operates, or otherwise controls any place or facility may result in the suspension or revocation of any permit or license issued to the person or the place for the premises on which the violation occurred.
Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.
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Here are some examples of displays that are in compliance with the new law. Customers must have contact with a salesperson before they can purchase a tobacco product. Other ways to comply with the law are to:
- Rearrange tobacco products behind or under the counter,
- Lock tobacco products in a cabinet or drawer,
- Move the location of racks to behind courtesy counters,
- Reuse existing displays by locking them and limiting access to employees only.
FDA’s Age and ID Requirements for Sales of Regulated Tobacco
FDA’s tobacco compliance and enforcement program includes inspecting tobacco retailers to make sure they are not selling regulated tobacco products to anyone under the age of 18, and that they are checking IDs to verify the age of customers under the age of 27. The sale of tobacco products to minors is the most commonly observed violation during inspections of retail stores.
Retailers can follow FDA’s age and ID rules by following these steps:
Request photo ID from customers under the age of 27,
- Verify the customer’s age using the photo ID,
- Verify that the appearance of the customer matches the physical description and photo on the ID, and
- Refuse the sale if the customer is younger than 18.
Watch the following to learn more about these rules:
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