Legal Authority for Tobacco Control in the United States 3Rd Edition

Legal Authority for Tobacco Control community health in the United States 3rd Edition

Legal Authority for Tobacco Control in theUnited States, 3rd Edition

Compiled by: Laura T. Richards, JD Contract Attorney Massachusetts Association of Health Boards

Cheryl Sbarra, JD Senior Staff Attorney, Director Tobacco Control and Chronic Disease Prevention Program Massachusetts Association of Health Boards

Edited by: Tricia Valasek, MPH Project Director, Tobacco Use Prevention and Control National Association of Local Boards of Health

Mark Schultz, MEd Grants Administrator and Technical Writer National Association of Local Boards of Health

ACKNOWLEDGEMENTS ...... 5 NEBRASKA ...... 73 FOREWARD ...... 7 NEVADA ...... 75 OVERVIEW ...... 9 NEW HAMPSHIRE ...... 77 ALABAMA ...... 17 NEW JERSEY ...... 79 ALASKA ...... 19 NEW MEXICO ...... 81 ARIZONA ...... 21 NEW YORK ...... 83 ARKANSAS ...... 23 NORTH CAROLINA ...... 85 CALIFORNIA ...... 25 NORTH DAKOTA ...... 87 COLORADO ...... 28 OHIO ...... 89 CONNECTICUT ...... 30 OKLAHOMA ...... 91 DELAWARE ...... 32 OREGON ...... 94 DISTRICT OF COLUMBIA ...... 34 PENNSYLVANIA ...... 96 FLORIDA...... 36 RHODE ISLAND ...... 98 GEORGIA ...... 38 SOUTH CAROLINA ...... 100 HAWAII ...... 40 SOUTH DAKOTA ...... 102 IDAHO ...... 42 TENNESSEE ...... 104 ILLINOIS ...... 44 TEXAS ...... 106 INDIANA ...... 46 UTAH ...... 108 IOWA ...... 48 VERMONT ...... 110 KANSAS...... 50 VIRGINIA ...... 112 KENTUCKY ...... 52 WASHINGTON ...... 114 LOUISIANA ...... 54 WEST VIRGINIA ...... 116 MAINE ...... 56 WISCONSIN ...... 118 MARYLAND ...... 58 WYOMING ...... 120 MASSACHUSETTS ...... 61 MICHIGAN ...... 63 MINNESOTA ...... 65 MISSISSIPPI ...... 67 MISSOURI ...... 69 MONTANA ...... 71

The Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion’s Office on Smoking and Health (OSH) provided technical oversight and financial support. Many others answered questions and reviewed individual state information.

NALBOH staff, the Chronic Disease and Tobacco Use Prevention and Control Subcommittee, Education and Training Committee, and the Board of Directors assisted in the production of this report.

The Legal Authority for Tobacco Control in the United States, 3rd Edition is for information purposes only. For legal advice please consult a practicing attorney who has thorough knowledge of the current law in your state or locality.

The National Association of Local Boards of Health does not guarantee the contents of this resource. Laws change frequently and interpretations of statutes vary from court to court.

National Office Washington D.C. Office 1840 East Gypsy Lane Road 1300 L Street NW, Suite 800 Bowling Green, OH 43402 Washington, D.C. 20005 Phone: (419) 353-7714 Phone: (202) 218-4413 Fax: (419) 352-6278 Fax: (202) 218-4409 www.nalboh.org www.nalboh.org Email: [email protected]

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The National Association of Local Boards of Health (NALBOH) is pleased to provide this update to Legal Authority for Tobacco Control in the United States, 3rd Edition (Legal Authority) to boards of health and others interested in working toward the reduction and elimination of tobacco use. This report is a compilation of the legal authority for 13 areas of tobacco control and is not a compilation of the laws in each state.

The mission of NALBOH is to prepare and strengthen boards of health (BOH), empowering them to promote and protect the health of their communities through education, training, and technical assistance. BOH are responsible for fulfilling three public health core functions: assessment, policy development, and assurance. This means that, for each health agency they oversee, BOH ensure that there are sufficient resources, effective policies and procedures, partnerships with the public, and regular evaluation of the agency’s programs and services, including tobacco use prevention and control.

Regardless of a board’s legal authority to implement or enforce tobacco control laws, it is always able to support the authority within the state that is charged with implementing and enforcing these laws and they can remain involved in these issues. Although many successes have occurred over the past years, tobacco use remains an enormous public health concern in the United States. The Legal Authority provides tobacco control advocates and concerned citizens with information to assist them in identifying appropriate policy making authorities for tobacco control efforts.

7 8 OVERVIEW

► 5. The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke. Smoking is the single greatest avoidable cause of disease and death. The health risks of secondhand 6. Eliminating smoking in indoor spaces fully smoke (also known as environmental tobacco protects nonsmokers from exposure to smoke and passive smoking) are significantly secondhand smoke. Separating smokers from supported by scientific evidence. Over the years, nonsmokers, cleaning the air, and ventilating the science of secondhand smoke has driven buildings cannot eliminate nonsmokers’ secondhand smoke policy from separate smoking exposures to secondhand smoke. and nonsmoking sections to separately ventilated smoking rooms to 100% smoke-free environments. When a community's elected officials move to protect their citizens against the health hazards of The California Environmental Protection Agency secondhand smoke, tobacco companies often try estimates that secondhand smoke exposure causes to fight local ordinances through preemption at approximately 3,400 lung cancer deaths and the state level.3 Smoke-free air legislation is often 22,700–69,600 heart disease deaths annually easier to enact at the local level where 1 among adult nonsmokers in the United States. It policymakers are most responsive to the concerns is now possible to prove that smoke-free policies of constituents and less influenced by tobacco work to protect nonsmokers from the death and industry lobbyists. disease caused by exposure to secondhand smoke. According to state statutes researched for the The 2006 report released by the Surgeon General, purpose of this document, local boards of health The Health Consequences of Involuntary Exposure to in five states (GA, KY, MA, MD, WV) have the 2 Tobacco Smoke, contained six major conclusions: legal authority to restrict smoking in public places. 1. Many millions of Americans, both children and adults, are still exposed to secondhand Compliance rates tend to be very high for local smoke in their homes and workplaces despite laws.3 Local enforcement agencies such as health substantial progress in tobacco control. departments are easily accessible to the community, whereas statewide enforcement may 2. Secondhand smoke exposure causes disease be less reliable or responsive. In addition, not and premature death in children and adults every community in a state is at the same level of who do not smoke. public education regarding secondhand smoke.2 3. Children exposed to secondhand smoke are at NALBOH encourages boards of health to support an increased risk for sudden infant death 100% smoke-free indoor air laws. syndrome (SIDS), acute respiratory infections, According to state statutes researched for the ear problems, and more severe asthma. purpose of this document, local boards of health Smoking by parents causes respiratory in ten states (GA, KS, MA, MT, NE, NJ, NY, OR, symptoms and slows lung growth in their PA, VT) have the legal authority to enforce children. restrictions on smoking in public places. 4. Exposure of adults to secondhand smoke has immediate adverse effects on the ► cardiovascular system and causes coronary heart disease and lung cancer. How and where youth obtain cigarettes varies depending on the laws that are in place in a

9 community and how they are enforced. Vending prohibit the free distribution of tobacco machines are an easily accessible source of products.21 As of the new law enacted by the cigarettes for adults and adolescents who may be signing of the Family Smoking Prevention and contemplating smoking or who are just beginning Tobacco Control Act, no state or the District of to smoke. Vending machines are self-service, Columbia may provide free samples of cigarettes which makes it difficult to hold a particular or sell cigarettes in packages containing fewer than individual liable for illegal sales to minors, and 20 cigarettes.23 employees may not feel the same responsibility. Implementing a policy to ban tobacco vending According to state statutes researched for the machine sales, particularly in places accessible to purpose of this document, local boards of health young children, will help to decrease access. Forty- in one state (MA) have the legal authority to ban eight states (except NJ or NH) and the District of free tobacco samples and single cigarettes. Two Columbia restrict minors’ access to tobacco states (MA, NY) have the authority to enforce through vending machines.21 Seventeen states such restrictions. (AZ, CA, CT, DE, HI, IA, LA, MA, ME, MN, MS, PA, TX, UT, VA, WV, and WI) prohibit ► tobacco vending machines everywhere except bars, taverns, or other places where minors are not A self-service tobacco display (SSTD) is the open permitted by law.21 Eleven states (AK, IN, MI, display of tobacco products which the public has MT, NE, NY, OK, OR, SD, WA, and WY) and access without the intervention of a store the District of Columbia restrict vending machine employee. SSTDs include, but are not limited to, a placements to bars, private clubs with liquor rack, shelf, or countertop display. In many states licenses, and workplaces not generally open to the and municipalities, it is unlawful for any person, public.21 business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by With the signing of the Family Smoking means of a SSTD. These laws result in a decrease Prevention and Tobacco Control Act in June in youth purchase rates.9 2009, all states must restrict vending machines to adult-only facilities. However, the new law has no As of July 1, 2006, California alone had a total of affect or preemption over any state’s current 135 municipalities with ordinances restricting self- 23 restrictions on vending machines. service tobacco displays.9 Efforts to enact bans on SSTD will likely be met with retail and tobacco According to state statutes researched for the industry opposition. However, community purpose of this document, local boards of health debate, publicity on the issue, and enactment of in two states (GA, MA) have the legal authority to SSTD laws may serve to increase merchant restrict vending machine sales of tobacco awareness of youth tobacco laws and penalties and products. Two states (MA, NY) have the contribute to reduced youth cigarette sales rates.9 authority to enforce such restrictions. In June 2009, the signing of the Family Smoking ► Prevention and Tobacco Control Act has restricted all self-service displays to adult-only facilities. The new law does not affect or preempt All 50 states and the District of Columbia prohibit a state’s current restrictions on self-service 23 the distribution of tobacco products to minors. displays. As of 2008, 20 states (AR, CA, CT, GA, HI, IA, ID, KS, MA, MN, NE, NH, NY, OK, RI, SD, According to state statutes researched for the TN, UT, WA, WI) and Washington D.C. restrict purpose of this document, a local board of health in one state (MA) has the legal authority to ban where free samples of tobacco products may be distributed to the general public or completely

10 SSTDs. Two states (MA, NY) have the authority state imposing a tobacco tax to disclose to the to enforce such restrictions. local tax enforcement officials the name and address of the shipper and the purchaser. ► Although the Jenkins Act does provide a tax enforcement option, few Internet retailers comply with the existing laws and federal enforcement has been low.12

In recent years, there has been an increase in the Enforcement of Internet cigarette sales is number of youth who purchase cigarettes through complicated. Many Internet cigarette retailers are the Internet. A 2003 study published in the Journal located on the lands of sovereign Native of the American Medical Association found that youth American tribes where state laws are have easy access to cigarettes on the Internet unenforceable. States have developed a variety of because many online vendors do not check ages strategies, including cooperating in multi-state or do not have an age verification process.10 enforcement efforts.13 Some of the enforcement Increased sales of tobacco products over the tools include the compliance check and licensing, Internet pose a key challenge to public health which allows authorities to prohibit sales if efforts to reduce smoking and other tobacco use. needed.

Major points to consider regarding Internet Public health advocates are concerned that less tobacco sales:11 expensive cigarette prices and easy access offered by Internet cigarette retailers may cause more Internet cigarette retailers typically lack people to smoke. While Congress may pass age verification protocols that are legislation to regulate Internet cigarette retailers in effective at keeping underage youth from the future, states may implement tobacco control purchasing cigarettes. policies to counter Internet cigarettes retailers now. The tobacco industry has exaggerated concerns about Internet cigarette retailers ► in an effort to oppose taxes on cigarettes. All 50 states and the District of Columbia levy an Customers are required to pay state excise tax on cigarettes. The national state average cigarette taxes on all cigarettes purchased as of October 12, 2009 was $1.34 per pack.4 The from Internet cigarette retailers. increased tax per pack of cigarettes contributes more to state revenue than is lost through related Federal law requires all Internet cigarette reductions in the number of packs sold and taxed retailers to report names of their in the states.5 customers to local state tax officials in almost all cases. Forty-nine states and the District of Columbia have excise taxes on tobacco products other than Since the appearance of Internet cigarette retailers, cigarettes.22 Pennsylvania does not impose tax on states have developed a variety of regulatory and other tobacco products.22 The regular practice of law enforcement approaches to address this issue. states is to tax spit or smokeless tobacco, cigars, Many states have passed youth access laws tailored and other forms of tobacco products other than specifically for Internet cigarette retailers. Others cigarettes at a percentage of their wholesale price.6 have adopted new laws to increase tobacco tax A few states tax all or some of the other tobacco compliance and simplify tax collection. The products based on weight. This approach has been Jenkins Act, a federal law passed in 1949, requires supported by the United States Tobacco Company any person or business that ships cigarettes to a (UST) as a way to reduce the tax rate, therefore it

11 is recommended to tax these products at a youth access laws including periodic compliance percentage of the wholesale price.6 checks.14

The majority of counties and cities do not have All 50 states and the District of Columbia require their own cigarette tax rates, but over 460 local the licensing of certain entities that sell tobacco jurisdictions do impose taxes bringing in more products.21 For example, California strongly than one billion dollars of annual revenue.7 The encourages localities to license retailers (in highest current tax is New York City at $4.25 per addition to the state law) and charge annual fees pack (city - $1.50 and state - $2.75). Increasing that provide sufficient resources for local law cigarette and other tobacco product taxes creates a enforcement to conduct youth sales compliance healthier environment that reduces smoking and checks that have meaningful suspension and saves lives, raises revenue, reduces health care revocation provisions.15 Several studies have costs, and is popular with the public. examined licensing and enforcement. A study in Philadelphia from 1994 to 1998 found that active Native American sovereignty is an important issue enforcement of licensed tobacco retailers resulted when discussing taxation of tobacco products. in a reduction of illegal sales by one-half.16 The U.S. Supreme Court has said that states have the authority to require cigarette retailers on According to state statutes researched for the Native American lands to collect sales and excise purpose of this document, local boards of health taxes for cigarettes sold to non-tribal members. in one state (MA) have the legal authority to However, because of tribal sovereign immunity, revoke permits for tobacco product retailers. states are barred from directly prosecuting the Native American retailers. There is an opportunity ► for states and municipalities to partner with their Native American counterparts to discuss smoking among Native Americans, who have some of the highest smoking rates.8 In states, there are two main bodies of law that ► feature tobacco-related advertising requirements: federal law and the 1998 Multi-State Master Settlement Agreement (MSA). The U.S. Supreme Court decided that only the Federal Government State regulations requiring tobacco retailers to may regulate cigarette advertising. Additionally, acquire a license vary. While some states require the ability of any state or local government body no license to sell tobacco products, regulations in to regulate the advertising of cigars and smokeless other states vary from offering a statewide license tobacco is very limited.17 However, in June 2009, with or without a fee to local laws and fees being the Family Smoking Prevention and Tobacco set by individual municipalities to retailers in Control act was signed into law and changed the jurisdictions having two licenses. By requiring legal authority of states and locals to regulate licensing, officials that enforce youth access laws tobacco advertising. Under this new legislation, have the capacity to penalize tobacco retailers that state and local governments have the authority to break such laws by penalizing vendors and/or restrict the color, size, number, placement, and suspending or revoking their licenses. Licensing of location of tobacco advertisements under their tobacco retailers provides municipalities with the jurisdiction.23 authority to control the number of retailers that may sell tobacco products, and aids the Although local law does not address tobacco enforcement agent in knowing which retailers sell advertising and promotion, for public safety tobacco. For licenses to be most effective, a reasons, local laws may exist that regulate the community must include active enforcement of

12 amount of signage on buildings and sidewalks Bans outdoor advertising within 1,000 adjacent to specific buildings.18 feet of schools and playgrounds.

The MSA establishes the following marketing and Bans brand sponsorship of entertainment advertising restrictions on tobacco companies:19 and sports events.

Eliminates tobacco billboards and transit Restricts all outdoor and point-of-sale ads. tobacco advertisements to black text on a white background, except in adult-only Prohibits the use of cartoon characters to facilities. promote tobacco products. Limits audio-visual advertising, except in Prohibits tobacco brand-name adult-only facilities, to black and white merchandise, except at tobacco- visuals with no music, images, or moving sponsored events. images.

Prohibits tobacco brand-name Prohibits advertisements in publications sponsorship for concerts, events in which with a significant teen readership to only any contestants are under 18, or for black text on a white background. football, baseball, soccer, or hockey (except for Brown and Williamson’s Bans free giveaways of all non-tobacco continued sponsorship of either the Kool items through the purchase of a product Jazz Festival or the GPC Country Music or in exchange for coupons of purchase. Festival). ► Limits other tobacco brand-name sponsorships to one event or series annually per manufacturer.

Permits free tobacco-product All 50 states and the District of Colombia are distributions only at locations where formally required to have and enforce laws that children are not permitted. prohibit sales of tobacco to individuals younger than 18 years of age, as a result of the Synar Restricts offers of non-tobacco items or Amendment (Section 1926 of Title XIX of the gifts based on proof of purchase to Federal Public Health Service Act), passed by adults. federal lawmakers in 1992.20 Three states (Alabama, Alaska, and Utah) define minors as Prohibits the use of non-tobacco brand persons less than 19 years of age. Forty-five states names on tobacco or tobacco products. penalize minors for some sort of tobacco-related offenses; however, penalties and enforcement vary Reaffirms the previously agreed upon widely.4 prohibition on tobacco product placement in movies and on TV. According to state statutes researched for the purpose of this document, local boards of health The Family Smoking Prevention and Tobacco in one state (MA) have the legal authority to Control Act places the following marketing and revoke permits for tobacco product retailers. advertising restrictions on tobacco companies: 23

13 ► Protecting people from secondhand smoke. Federal law requires states to keep youth tobacco sales rates at or below 20%.20 Compliance with Making tobacco products less accessible this requirement is measured through random to children by such measures as banning checks of retailers during which youth attempt to vending machines and self-service buy tobacco. Compliance checks vary by state, but displays. many require local entities to conduct compliance checks and educate retailers about the law. Establishing more effective and visible health warnings on tobacco products. According to state statutes researched for the purpose of this document, local boards of health Establishing strong Food and Drug in two states (MA, NY) have the legal authority to Administration authority over tobacco conduct tobacco compliance checks. products.

► Helping U.S. tobacco farmers make the transition to other forms of income.

In each state or municipality an authority is in 1. California Environmental Protection Agency. charge of controlling and/or distributing money Proposed Identification of Environmental Tobacco collected from tobacco control violations. Smoke as a Toxic Air Contaminant. California Environmental Protection Agency, final According to state statutes researched for the report, September 29, 2005, approved by purpose of this document, local boards of health Scientific Review Panel on June 24, 2005. in one state (MA) has the legal authority to collect Available at: fines from penalties of tobacco control violations. www.arb.ca.gov/toxics/ets/finalreport/finalr eport.htm.

► 2. U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease The Master Settlement Agreement (MSA) between Control and Prevention, National Center for the 46 states and the major U.S. tobacco Chronic Disease Prevention and Health companies directs money to the states, but has no Promotion, Office on Smoking and Health, detail on how that money should be spent. In 2006. most cases, a state legislature has the authority to 3. Americans for Nonsmokers’ Rights. decide how this money shall be allocated. Preemption. Available at: www.no- Educating the state legislature and others who are smoke.org/getthefacts.php?id=17. involved in the decision making process for distribution of tobacco settlement money is a key 4. Campaign for Tobacco-Free Kids. State to protecting the health of local communities. Cigarette Excise Tax Rates and Rankings. Available at: Important issues include: http://www.tobaccofreekids.org/research/fa ctsheets/pdf/0097.pdf The need for comprehensive programs to prevent and reduce tobacco use in every 5. Campaign for Tobacco-Free Kids. Fact Sheet: Raising State Cigarette Taxes Always Increases State state. Revenues and Always Reduces Smoking, 2009.

14 Available at: 15. The Tobacco Control Network, Retail Licenses for http://tobaccofreekids.org/research/factshee Tobacco, Nov. 2004. Available at: ts/pdf/0098.pdf www.ttac.org/TCN/peers/sales/11.16.04.ht ml. 6. Campaign for Tobacco-Free Kids. Fact Sheet: Spit Tobacco and Other Tobacco Products Besides 16. Ma G, Shive S, Tracy M. “The effects of Cigarettes Should be Taxed at a Percentage of licensing and inspection enforcement to Wholesale Price, 2005. reduce tobacco sales to minors in Greater Philadelphia, 1994-1998,” Addictive Behaviors, 7. Campaign for Tobacco Free Kids. Fact Sheet: 2001, Sept-Oct., 26(5): 677-87. Top Combined State-Local Cigarette Tax Rates, 2009. Available at: 17. Lorillard Tobacco Co. v. Reilly 121 S. Ct2404 http://tobaccofreekids.org/research/factshee (2001). ts/pdf/0267.pdf 18. Massachusetts Department of Public Health- 8. Centers for Disease Control and Prevention, Tobacco Control Program in Collaboration “Cigarette Smoking Among Adults, United with the Massachusetts Association of Health States 2007,” MMWR. 57(45); 1221-1226 Boards. Tobacco Control Program. Laying a (Nov 14, 2008). Solid Foundation, Tobacco Laws Pertaining to the Commonwealth of Massachusetts, 2nd edition. June 9. Bidell M, Furlong M, Dunn D, Koegler J. 2005. “Case study of attempts to enact self-service tobacco display ordinances: a tale of three 19. Campaign for Tobacco-Free Kids. Fact Sheet: communities,” Tobacco Control 2000; 9:71-77 Summary of the MSA, July 8, 2003. (Spring). 20. Center for Health Improvement. Health Policy 10. Ribisl KM, Williams RS, Kim AE. “Internet Guide: Licensing of Retail Outlets. Available at: Sales of Cigarettes to Minors,” JAMA. 2003; www.healthpolicyguide.org/doc.asp?id=3 290:1356-1359. 147.

11. Tobacco Control Legal Consortium. Public 21. American Lung Association. State Legislated Health Policy for Internet Cigarette Retailers. Actions on Tobacco Issues; 2008. Available: Available at: http://slati.lungusa.org/statelegislateaction.as www.wmitchell.edu/TobaccoLaw/resources/ p. Banthin012506.pdf. 22. Campaign for Tobacco-Free Kids. Fact Sheet: 12. Campaign for Tobacco-Free Kids. Fact Sheet: State Excise Tax Rates for Non-Cigarette Tobacco Update on Federal Legislation on Internet Tobacco Products, 2009. Available at: Product Sales, 2006. Available at: http://www.tobaccofreekids.org/research/fa www.tobaccofreekids.org/research/factsheets ctsheets/pdf/0169.pdf. /pdf/0252.pdf. 23. Tobacco Control Legal Consortium. Federal 13. AG Sues Online Tobacco Sellers, Office of the Regulation of Tobacco: Impact on State and Local Attorney General for the State of Washington (April Authority, July 2009. Available at: 2, 2003). Available at: http://www.tclconline.org/documents/federa www.atg.wa.gov/pressrelease.aspx?&id=4460 l-regulation-of-tobacco-impact.pdf.

14. Centers for Disease Control and Prevention. (2007). Best Practices for Comprehensive Tobacco Control Programs – October 2007. Atlanta, GA: Centers for Disease Control and Prevention.

16 ALABAMA

► of free tobacco samples to minors. Code of Alabama § 28-11-3 (1997). The Alabama Clean Air Act is found at Code of Alabama §§ 22-15A-1 et seq. (2003). In Alabama, ► the State Legislature, counties, cities, towns, and Self-service tobacco displays are prohibited unless villages have the legal authority to restrict smoking the display is an allowed vending machine or is in public places. Code of Alabama § 22-15A-10 located in a tobacco retail store. H.B. 391 (2009). (2003). ►

The Alabama Department of Public Health The State Legislature has the legal authority to enforces restrictions on smoking in public places restrict Internet sales of tobacco. The restrictions and develops rules in consultation with the State on Internet sales are found at Code of Alabama Fire Marshall specifying procedures for local law §§ 13A-12-3.1 et seq. (2006). These restrictions enforcement to follow § 22-15A-8 (2003). include minimum age requirements, age verification requirements, disclosure and ► notification requirements, and tax collection requirements. The State Legislature has the legal authority to restrict the sale of tobacco products through ► cigarette vending machines. Every person who The State Legislature has the legal authority to sells tobacco products by vending machine must levy taxes on tobacco products. The Code of obtain a permit from the Alcoholic Beverage Alabama § 40-25-2 (2004) imposes a sales tax and Control Board for each vending machine at each sets the tax rate on tobacco products. Except for location. Code of Alabama § 28-11-7 (1997). any local taxes or license fees levied on or before Distribution of tobacco products from vending May 18, 2004, the taxes levied under this section machines is prohibited unless the machine is are exclusive and additional local taxes or license located in an area restricted from minors or fees are prohibited. Code of Alabama § 40-25-2(h) dispenses tobacco or tobacco products by device (2004). Code of Alabama § 40-25-41 (1992) activated by a tobacco permit holder. H.B. 391 imposes an excise tax on any tobacco product on (2009) which a sales tax has not been paid. Each retail dealer and wholesale dealer, in addition to the ► sales tax, must pay a privilege license tax. Code of Alabama §§ 40-12-72 (1940) & 40-12-73 (1940). The State Legislature has the legal authority to ban free tobacco samples and single cigarette sales. The Department of Revenue shall administer and Free tobacco samples are not banned to date. enforce the tax levies on tobacco products. Code Code of Alabama § 13A-12-3 (1975) prohibits the of Alabama § 40-25-26 (1940). distribution of free tobacco samples to minors. The distribution of single cigarettes and packages containing fewer than 20 cigarettes is prohibited. ► Code of Alabama § 28-11-6 (1997). The Alcohol Beverage Control Board has the legal authority to license tobacco product retailers. Code of Alabama § 28-11-4 (1997). Any person The Alcoholic Beverage Control Board and who distributes tobacco or maintains a tobacco federal, state, and local law enforcement agencies vending machine must obtain a permit from the have the legal authority to enforce the prohibition Alcohol Beverage Control Board. Code of Alabama § 28-11-7 (1997).

17 ► Fund to pay the debt service on industrial development bonds for the state. Once the yearly bond payment is made, up to $70 million is The Alcohol Beverage Control Board has the legal transferred into the Children's First Trust Fund. authority to revoke licensure of tobacco product retailers. Code of Alabama § 28-11-9 (1997). Any remaining funds are distributed to the Alabama Senior Services Trust Fund and the State General Fund for Medicaid purposes. Code of ► Alabama § 41-10-621 (1999).

Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug www.legislature.state.al.us Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. Code of Alabama § 28-11-13 (1997).

► The Alcoholic Beverage Control Board has the legal authority to conduct random tobacco compliance checks. Code of Alabama § 28-11-4 (1997).

► The Alcohol Beverage Control Board collects the money from penalties for tobacco control violations and deposits it into the State General Fund. Code of Alabama § 28-11-10 (1997).

►

The State Legislature and the Governor are involved in the decision making process for the distribution of the tobacco settlement money. In 1999 the Legislature passed, and the Governor signed, a law directing all of Alabama's tobacco settlement funds to The Alabama 21st Century

18 ALASKA

► § 11. Self-service tobacco displays are banned in Alaska unless the sale is by vending machine, is a wholesale transaction on premises where no retail The State Legislature, home rule boroughs, and sales occur, or is by a retailer who sells primarily home rule cities have the legal authority to restrict tobacco products and who restricts access to the smoking in public places such as bars, restaurants, premises to individuals 19 years or older. AK ST § workplaces, etc. AK CONST Art. 10, § 11. 11.76.106 (1998). Restrictions on smoking in public places are found at AK ST §§ 18.35.300 et seq. (2004). A peace officer or an agent or employee of the Department of Health and Social Services who is The Commissioner of Environmental authorized by the Commissioner of Health and Conservation has the legal authority to enforce the Social Services may issue a citation for violation of restrictions on smoking in public places. AK ST § the restrictions on self-service tobacco displays. 18.35.350 (1984). AK ST § 44.29.092 (2001).

► ► The State Legislature, home rule boroughs, and The State Legislature, home rule boroughs, and home rule cities have the legal authority to restrict home rule cities have the legal authority to restrict tobacco product sales through cigarette vending Internet and delivery sales of tobacco products. machines. AK CONST Art. 10, § 11. Restrictions Restrictions on Internet and delivery sales are on the sale of tobacco products through cigarette found at AK ST § 43.50.105 (2004). vending machines are found at AK ST §§ 11.76.100 et seq. (2007). ► The State Legislature, organized boroughs, and A peace officer or an agent or employee of the cities have the legal authority to levy taxes on Department of Health and Social Services who is tobacco products. AK CONST Art. 10, § 2. AK authorized by the Commissioner of Health and ST § 43.50.090 (2004) imposes a tax and sets the Social Services may issue a citation for violation of tax rate on cigarettes. An additional tax on the restrictions on tobacco product sales through cigarettes is levied by AK ST § 43.50.190 (2004). cigarette vending machines. AK ST § 44.29.092 AK ST § 43.50.300 (1997) imposes a tax and sets (2001). the tax rate on other tobacco products.

► The Department of Commerce, Community, and Economic Development has the legal authority to The State Legislature, home rule boroughs, and enforce the collection of taxes due. AK ST § home rule cities have the legal authority to ban 43.50.150 (1980). free tobacco samples and single cigarette sales. AK CONST Art. 10, § 11. Free tobacco samples to a person under the age of 19 are prohibited. AK ST § 11.76.100 (2007). Single cigarette sales are prohibited. AK ST § 43.70.075 (2007).

► The State Legislature, home rule boroughs, and home rule cities have the legal authority to ban self-service tobacco displays. AK CONST Art. 10,

19 ► ► The Department of Commerce, Community, and The State Department of Health and Social Economic Development has the legal authority to Services has the legal authority to conduct random license and revoke licensure of tobacco product tobacco compliance checks. retailers. AK STAT §§ 43.50.010 (1980); 43.70.075 (2007). ► No information was found. ► ► The Department of Commerce, Community, and Economic Development has the legal authority to The Tobacco Use Education and Cessation Fund license and revoke licensure of tobacco product was set up to receive 20% of Alaska's MSA retailers. AK STAT §§ 43.50.010 (1980); 43.70.075 payments. These funds are appropriated by the (2007). State Legislature to be used for tobacco control purposes. AK ST § 37.05.580 (2001). The ► remaining 80% of all future MSA payments were sold for an immediate lump sum payment to fund The State Legislature, home rule boroughs, and capital construction projects. home rule cities have the legal authority to ban sponsorship of sporting events and concerts by the tobacco industry. AK CONST Art. 10, § 11. http://touchngo.com/lglcntr/ There is no statewide ban on tobacco industry akstats/statutes.htm sponsorship of sporting events and concerts to date.

Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature, home rule boroughs, and home rule cities have the legal authority to criminalize the purchase or possession of tobacco products by minors. AK CONST Art. 10, § 11. A person under 19 years of age may not knowingly possess tobacco products. AK ST § 11.76.105 (1990).

20 ARIZONA

► ► The State Legislature and any political subdivision The State Legislature has the legal authority to of the state have the legal authority to restrict restrict the Internet and delivery sales of tobacco smoking in public places. AZ ST § 36-601.01(M) products. Restrictions on Internet and delivery (2006). The Smoke-Free Arizona Act prohibits sales are found at AZ ST § 36-798.05 (2001) and smoking in bars, restaurants, and workplaces. AZ AZ ST §§ 42-3221 et seq. (2006). ST § 36-601.01 (2006). This law went into effect May 1, 2007, § 36-601.01(M) was effective ► immediately. The State Legislature has the legal authority to levy taxes on tobacco products. The area of tobacco taxation is preempted by the state. AZ ST The Department of Health Services has the § 42-3002 (1997). AZ ST §§ 42-3052 (1998), 42- authority to enforce restrictions on smoking in 3251 (2000), 42-3251.01 (2002), & 42-3251.02 public places. AZ ST § 36-601.01(G) (2006). (2006) impose and set the tax rate on cigarettes and other tobacco products. ►

The State Legislature, counties, cities, and towns The Department of Revenue has the legal have the legal authority to restrict the sale of authority to enforce the laws regarding tobacco tobacco through cigarette vending machines. taxation. In the administration of these laws, the Restrictions on tobacco product sales are found at Department of Revenue, its agents and AZ ST § 36-798.02 (1999). representatives shall possess the powers, duties, and authority of police officers within this state. ► AZ ST § 42-3003 (1997). ► The State Legislature has the legal authority to ban The State Legislature and any local municipality or free tobacco samples and single cigarette sales. county has the legal authority to license tobacco Free tobacco samples to minors are prohibited. product retailers. There is no statewide AZ ST § 13-3622 (1978). It is unlawful to sell requirement that tobacco product retailers be cigarettes in a package that contains fewer than 20 licensed. The Department of Revenue has the cigarettes except in a facility that is licensed under legal authority to license tobacco product AZ ST § 4-209 (B) (6) and that only admits people distributors. AZ ST § 42-3201 (2006). at least 21 years of age. AZ ST § 36-798.04 (2000). ► ► The State Legislature, counties, or municipalities have the legal authority to ban self-service tobacco The Department of Revenue has the legal displays. There is no statewide ban on self-service authority to revoke licensure of tobacco product tobacco displays to date. The City of Tucson v. distributors. AZ ST § 42-3201 (2006). Grezaffi, 23 P.3d 675 (2001) allows municipalities to regulate smoking in restaurants and to ► "safeguard the general health, safety, and welfare of the community has long been considered a Under the Family Smoking Prevention and proper goal for municipal government” as in Tobacco Control Act, the Food and Drug limiting access to minors. Administration has wide-ranging authority to regulate tobacco product marketing and to restrict

21 tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. AZ ST § 13-3622 (1978).

► The Tobacco Enforcement Unit of the Attorney General's Office and any law enforcement agency have the legal authority to conduct random tobacco compliance checks.

► The State Legislature and any local municipality or county have the legal authority to collect money from penalties for tobacco control violations. The City of Tucson v. Grezaffi (2001).

►

All of the tobacco settlement payments are used to fund the Arizona Health Care Cost Containments System, a health insurance program for the poor. In 2001, legislation was enacted to implement voter-approved Proposition 204 which directed settlement funds to this program. AZ ST §§ 36-2901 et seq. (2007). www.azleg.state.az.us/ArizonaRevisedStatutes.asp

22 ARKANSAS

► ►

The State Legislature and local government have The State Legislature has the legal authority to the legal authority to restrict smoking in public restrict Internet and delivery sales of tobacco places such as bars, restaurants, workplaces, etc. products but has not done so to date. AR ST § 20-27-1808 (2006). The Arkansas Clean Indoor Air Act of 2006 is found at AR ST §§ 20- ► 27-1801 et seq. (2006). The State Legislature and local governments have the legal authority to levy taxes on tobacco products. AR ST § 26-57-259 (1997). See also, AR The Department of Health and Human Services ST § 26-57-256 (4)(A) (2009). AR ST § 26-57-208 and its authorized agents have the legal authority (2009) imposes a tax and sets the tax rate on to enforce the restrictions on smoking in public cigarettes and other tobacco products. AR ST §§ places. AR ST § 20-27-1807 (2006). 26-57-802 et seq. (2007) and AR ST §§ 26-57-1101 (2007) & 1102 (2007) impose additional taxes on ► cigarettes and other tobacco products.

The State Legislature and local government have the legal authority to restrict the sale of tobacco The Director of the Department of Finance and products through cigarette vending machines. AR Administration and the Director of Arkansas ST § 26-57-259 (1997). The restrictions on the sale Tobacco Control are empowered to promulgate of tobacco products through vending machines rules and regulations for the proper enforcement are found at AR ST § 5-27-227 (2009). of his/her powers and duties. AR ST § 26-57-206 (2009). It is the duty of all state, county, and city ► officers to enforce the provisions regarding the levy of taxes on tobacco products. AR ST § 26-57- 205 (1977). The State Legislature and local government have the legal authority to ban free tobacco samples ► and single cigarette sales. AR ST § 26-57-259 The Tobacco Control Board and local (1997). Free tobacco samples to minors are governments have the authority to license tobacco prohibited. AR ST § 5-27-227 (2009). There is no product retailers. AR ST §§ 26-57-256(2) (2009) & statewide ban on single cigarette sales to date. 26-57-259 (1997). Tobacco product retailers are required to be licensed by the Tobacco Control Board. AR ST § 26-57-214 (2009). Law enforcement officers have the legal authority to enforce the ban on free tobacco samples to minors. ►

► The Tobacco Control Board and the Director of The State Legislature and local government have Arkansas Tobacco Control have the legal the legal authority to ban self-service tobacco authority to revoke licensure of tobacco product displays. AR ST § 26-57-259 (1997). Self-service retailers. AR ST §§ 26-57-256(2) (2009) & 26-57- displays of cigarettes are prohibited. AR ST § 5- 223 (2009). 27-227 (2009).

23 ► Medicaid program, for bio-sciences research, and for state health needs. Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug www.arkleg.state.ar.us/data/ar_code.asp Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. AR ST § 5-27-227 (2009).

► Random tobacco compliance checks may be performed by an officer having enforcement authority, an employee of the Tobacco Control Board or a prosecuting attorney, an authorized representative of a business acting pursuant to a self-compliance program, an employee or authorized representative of the Department of Health, or an employee or authorized agent of a governmental agency with enforcement authority. AR ST § 5-27-227 (2009).

► The State Legislature controls and distributes the money from penalties for tobacco control violations.

►

The State Legislature is involved in the decision- making process for the distribution of the tobacco settlement money. The first $100 million Arkansas received was placed in the Arkansas Health Century Trust Fund. All other settlement funds go into the Tobacco Settlement Fund to be used for tobacco prevention and cessation programs, the

24 CALIFORNIA

► ►

The State Legislature has the legal authority to ban The State Legislature and local government have smoking in enclosed places of employment. CA the legal authority to ban free tobacco samples. In LABOR CODE § 6404.5 (2007). Any area not California, free samples of smokeless tobacco and defined as a place of employment or in which the cigarettes are prohibited in any public building; smoking of tobacco products is not regulated park or playground; on any public sidewalk, street, pursuant to this section is subject to local or other public grounds; and on any private regulation. CA LABOR CODE § 6404.5(a) property that is open to the general public. CA (2007). Local governments will no longer be HEALTH & SAFETY CODE § 118950 (b) preempted if this section is repealed or modified (2007). Local ordinances may be more restrictive so that the 100% smoking prohibition is no longer than state law. CA HEALTH & SAFETY CODE applicable. CA LABOR CODE § 6404.5(i) (2007). § 118950 (e) (2007).

Smoking is prohibited in state-owned buildings. The State Legislature has the legal authority to ban The State Legislature, county, city, and state and has banned the sale of single cigarettes. In colleges and universities have the legal authority to California, no cigarettes may be sold in packages restrict smoking inside public buildings. CA of fewer than 20. CA PENAL CODE § 308.3 GOVT. CODE § 7597 (2003). (2001).

► Local law enforcement agencies, including local The State Legislature and local governments have health departments, have the legal authority to the legal authority to ban self-service tobacco enforce restrictions on smoking in enclosed places displays. CA BUS. & PROF. CODE § 22962(e) of employment. CA LABOR CODE § 6404.5(j) (2006). With the exception of self-service displays (2007). in tobacco stores, self-service displays of tobacco products are prohibited. CA BUS. & PROF. ► CODE § 22962(b) & (c) (2006).

The sale of tobacco products through vending machines is restricted by CA BUS. & PROF. The Attorney General, city attorneys, county CODE § 22960 (1995). The State Legislature and counsel, and district attorneys have the legal local governments have the legal authority to authority to bring a civil action to enforce the ban restrict the sale of tobacco products through on self-service tobacco displays. CA BUS. & vending machines. CA BUS. & PROF. CODE § PROF. CODE § 22962(d) (2006). 22960(c) (1995). A tobacco product vending machine must be located 15 feet away from the ► entrance of an establishment that has been issued an on-sale public premises license issued by the The State Legislature has the legal authority to Department of Alcoholic Beverage Control. CA restrict Internet sales. Restrictions on Internet BUS. & PROF. CODE § 22960(b)(1) (1995). sales are found at CA BUS. & PROF. CODE § 22963 (2007). These requirements include minimum age requirements, age verification The State Department of Health Services has the requirements, and minimum purchase legal authority to enforce the restrictions on requirements. CA BUS. & PROF. CODE § 22963 tobacco product sales through vending machines. (2007). CA BUS. & PROF. CODE § 22952(c) (2007).

► advertising is prohibited in any state-owned or The State Legislature has the legal authority to occupied building. CA GOVT. CODE § 19994.35 levy taxes on tobacco products. CA REV. & TAX (1993). Tobacco product advertising in video CODE § 30101 (1994) imposes a tax and sets the games intended primarily for use by any person tax rate on cigarettes. CA REV. & TAX CODE § under the age of 18 is prohibited. CA PENAL 30123 (2001) imposes a surtax on cigarettes and CODE § 308.5 (1990). other tobacco products. CA REV. & TAX CODE § 30131.2 (2001) imposes an additional surtax on Under the Family Smoking Prevention and cigarettes and other tobacco products. Tobacco Control Act, the Food and Drug Administration has wide-ranging authority to regulate tobacco product marketing and to restrict The State Board of Equalization has the legal tobacco advertising and promotion in the interest authority to enforce tax levies on tobacco of public health. H.R. 1256 (2009). The new products. CA REV. & TAX CODE § 30451 legislation allows states to restrict the location, (1959). color, size, number and placement of cigarette advertisements and leaves unchanged local and ► state government power to regulate smokeless The State Legislature and local governments have tobacco or other tobacco products. the legal authority to license tobacco product retailers. CA BUS. & PROF. CODE § 22971.3 ► (2003). The Cigarette and Tobacco Products Licensing Act of 2003 will remain in effect until The State Legislature has the legal authority to January 1, 2010 and then shall be repealed. CA restrict and has restricted the possession or BUS. & PROF. CODE § 22995 (2007). purchase of tobacco products by minors. CA PENAL CODE § 308 (2006).

The State Board of Equalization has the legal authority to enforce state licensing requirements. Local law enforcement has the legal authority to CA BUS. & PROF. § 22971.2 (2006). enforce the criminal purchase of tobacco products by minors. CA PENAL CODE § 830.1 (2008). ► City attorneys, county counsel, or district attorneys are authorized to bring a civil action to The State Board of Equalization has the legal enforce the law. CA PENAL CODE § 308(a) authority to revoke licensure of tobacco product (2006). retailers. CA BUS. & PROF. CODE § 22974.4 (2006). ► The State Department of Health Services and ► local enforcement agencies under contract with the State Department of Health have the authority to conduct random tobacco compliance checks. The State Legislature and local government have CA BUS. & PROF. CODE § 22952 (2007). the legal authority to restrict the advertising of other tobacco products. CA BUS. & PROF. CODE § 22961 (1997). This section prohibits the ► advertisement of tobacco products on outdoor All civil penalties are deposited in the State billboards located within 1,000 feet of a public or Treasury to the credit of the Sale of Tobacco to private school or public playground. To the extent Minors Control Account. CA BUS. & PROF. that this statute applies to cigarettes, it is CODE § 22953 (2007). preempted by federal law. Tobacco product

26 ►

The State Legislature is involved in the decision- making process for the distribution of the tobacco settlement money. The Attorney General has the legal authority to enforce the provisions of the Master Settlement Agreement. CA GOV. CODE § 63049.4(a) (2009).

FOR MORE INFORMATION www.leginfo.ca.gov/statute.html

27 COLORADO

► ► The State Legislature has the legal authority to ban The State Legislature, counties, cities, and towns self-service tobacco displays but has not done so have the legal authority to restrict smoking in to date. public places such as bars, restaurants, workplaces, etc. C.R.S. § 25-14-207 (2006). The Colorado ► Clean Indoor Air Act is found at C.R.S. §§ 25-14- 201 et seq. (2007). The State Legislature has the legal authority to restrict Internet and delivery sales of tobacco products but has not done so to date. The municipal courts, or their equivalent in any county, city, or town, have jurisdiction over ► violations of smoking regulations enacted by any The State Legislature, cities, and towns have the county, city, or town. C.R.S. § 25-14-207 (2006). legal authority to levy taxes on tobacco products. C.R.S. §§ 39-28-112 (1964) & 39-28.5-109 (1986). ► C.R.S. §§ 39-28-103 (1986) & 39-28-103.5 (2005) impose and set the tax rates on cigarettes. C.R.S. The State Legislature has the legal authority to §§ 39-28.5-102 (1986) & 39-28.5-102.5 (2005) restrict the sale of tobacco through cigarette impose and set the tax rates on other tobacco vending machines. Restrictions on the sale of products. tobacco products through cigarette vending machines are found at C.R.S. § 24-35-503 (2001). ► The restrictions on the sale of tobacco products The Department of Revenue has the legal through vending machines are repealed, effective authority to license wholesalers of cigarettes and July 1, 2011. C.R.S. § 24-35-508 (2001). distributors of other tobacco products. C.R.S. §§ 39-28-102 (2008) & 39-28.5-104 (2008). Retailers are not required to be licensed to date. The Division of Liquor Enforcement within the Department of Revenue has the legal authority to ► enforce the restrictions on tobacco product sales through vending machines. C.R.S. § 24-35-504 (2001). The Department of Revenue has the legal authority to revoke licensure of cigarette wholesalers and distributors of other tobacco ► products. C.R.S. §§ 39-28-102 (2008) & 39-28.5- 104 (2008). The State Legislature, and statutory or home-rule municipalities have the legal authority to ban free ► tobacco samples. C.R.S. § 18-13-121(3) (2001). Free tobacco samples to minors are prohibited. C.R.S. § 18-13-121(1) (2001). The State Legislature Under the Family Smoking Prevention and has the legal authority to ban and has banned the Tobacco Control Act, the Food and Drug sale of single cigarettes. C.R.S. § 24-35-503 (2001). Administration has wide-ranging authority to The ban on single cigarette sales is repealed, regulate tobacco product marketing and to restrict effective July 1, 2011. C.R.S. § 24-35-508 (2001). tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and

28 state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature and statutory or home-rule municipalities have the legal authority to criminalize the possession or purchase of tobacco products by minors. C.R.S. § 18-13-121(3) (2008). It is a class 2 petty offense for a minor to purchase tobacco products. C.R.S. § 18-13-121(2)(a) (2008).

► The Division of Liquor Enforcement within the Department of Revenue has the legal authority to conduct random tobacco compliance checks. C.R.S. § 24-35-504 (2001). The authority to conduct tobacco compliance checks is repealed, effective July 1, 2011. C.R.S. § 24-35-508 (2001).

► The fines collected for tobacco control violations are forwarded to the state treasurer for credit to the Tobacco Use Prevention Fund. C.R.S. § 24- 35-505 (1998).

►

The State Legislature is involved in the decision making process for the distribution of the tobacco settlement money. http://www.state.co.us/gov_dir/leg_dir/olls/col orado_revised_statutes.htm

29 CONNECTICUT

► ► The State Legislature has the legal authority to ban The State Legislature has the legal authority to self-service tobacco displays but has not done so restrict smoking in public places such as bars, to date. restaurants, etc. The State of Connecticut has a preemptive smoke-free indoor air law. CGSA § ► 19a-342(g) (2004). Restrictions on smoking in public places are found at CGSA § 19a-342 The State Legislature has the legal authority to (2004). Restrictions on smoking in private restrict Internet and delivery sales of tobacco workplaces are found at CGSA § 31-40q (2004). products. Restrictions on the delivery and sales of cigarettes are found at CGSA § 12-285c (2005).

Local law enforcement enforces the restrictions on smoking in bars and restaurants. The Labor The Commissioner of Revenue Services and the Commissioner has the legal authority to enforce Attorney General have the legal authority to restrictions on smoking in private workplaces. enforce the restrictions on Internet and delivery CGSA § 31-50 (1949). sales. CGSA § 12-285c (2005).

► ► The State Legislature has the legal authority to The State Legislature, towns, and municipalities levy taxes on tobacco products. CGSA § 12-296 have the legal authority to restrict the sale of (2007) imposes a tax and sets the tax rate on tobacco through cigarette vending machines. cigarettes. CGSA § 12-330c (2006) imposes a tax CGSA § 12-289a(h) (1996). Restrictions on the and sets the tax rate on other tobacco products. sale of tobacco products from cigarette vending machines are found at CGSA § 12-289 (1992). The Commissioner of Revenue Services enforces levies on tobacco products. CGSA §§ 12-313 The Commissioner of Revenue Services enforces (1990) & 12-330n (1990). the restrictions on tobacco product sales through vending machines. CGSA § 12-289 (1992). ► The Commissioner of Revenue Services has the ► legal authority to license tobacco product retailers. CGSA §§ 12-287 (2006) & 12-288 (1993). The State Legislature has the legal authority to ban free tobacco samples and single cigarette sales. ► Free tobacco samples to minors are prohibited. CGSA § 53-344(b) (2008). Other restrictions on The Commissioner of Revenue Services has the free tobacco samples are found at CGSA § 12- legal authority to revoke licensure of tobacco 314a (1996). Single cigarette sales are banned. product retailers. CGSA § 12-295 (2007).

The Commissioner of Revenue Services enforces bans on free tobacco samples and single cigarette sales. CGSA §§ 12-314(a)(2) (1996) & 12-313 (1990).

30 ► www.cga.ct.gov/asp/menu/Statutes.asp Under the Family Smoking Prevention and

Tobacco Control Act, the Food and Drug Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. The purchase of tobacco by a minor under the age of 18 is a criminal offense. CGSA § 53-344 (2008). A purchase of tobacco by a minor is also subject to a civil penalty of not more than $50.00 for a first offense and not more than $100.00 for a subsequent offense. CGSA § 53-344(c) (2008). The possession of tobacco by a minor is not a criminal offense.

► The Commissioner of Revenue has the legal authority to conduct random tobacco compliance checks. CGSA § 12-315a (1998).

► The State Legislature has the legal authority to control and distribute the money collected for tobacco control violations.

►

The State Legislature and the Governor are involved in the decision making process for the distribution of the tobacco settlement money. Connecticut's tobacco settlement payments are folded into the general fund and allocated through the budget process.

31 DELAWARE

► containing at least 20 cigarettes. 11 Del.C. § 1120 (2000). The State Legislature, municipalities, and counties have the legal authority to restrict smoking in The Department of Safety and Homeland Security public places such as bars, restaurants, workplaces, has the legal authority to enforce the bans on free etc. 16 Del.C. § 2908, which preempted municipal tobacco samples to minors and single cigarette and county ordinances, was repealed effective sales. 11 Del.C. § 1125 (2003). November 27, 2002. Delaware's Clean Indoor Air Act is found at 16 Del.C. §§ 2901 et seq. (2002). ► The State Legislature has the legal authority to ban The Department of Labor provides enforcement self-service tobacco displays. Any municipal or on smoking restrictions for employers, employees, county ordinance or regulation relating to the sale places of employment, and the work place. The or distribution of tobacco products to minors Department of Health and Social Services enacted after June 30, 1996 is preempted. 11 provides enforcement in all other areas. 16 Del.C. Del.C. § 1127 (1995). It is unlawful to maintain § 2906 (2002). tobacco products in any display accessible to a customer that is not within the line of sight of an employee or under the control of an employee ► except in tobacco stores or any business establishment to which persons under the age of The State Legislature has the legal authority to 18 are not permitted without an adult. 11 Del.C. § restrict the sale of tobacco products through 1119 (2000). vending machines. Any municipal or county ordinance or regulation relating to the sale or distribution of tobacco products to minors The Department of Safety and Homeland Security enacted after June 30, 1996 is preempted. 11 has the legal authority to enforce restrictions on Del.C. § 1127 (1995). Restrictions on tobacco self-service tobacco displays. 11 Del.C. § 1125 product sales through vending machines are found (2003). at 11 Del.C. § 1119 (2000). ► The Department of Safety and Homeland Security has the legal authority to enforce restrictions on The State Legislature has the legal authority to tobacco product sales through vending machines. restrict Internet and delivery sales of tobacco 11 Del.C. § 1125 (2003). products. Restrictions on Internet and delivery sales of tobacco products are found at 30 Del.C. § ► 5362 (2003).

The State Legislature has the legal authority to ban The Attorney General or his/her designee, or any free tobacco samples and single cigarette sales. person who holds a valid permit under 26 U.S.C. § Any municipal or county ordinance or regulation 5712 has the legal authority to enforce the relating to the sale or distribution of tobacco restrictions on Internet and delivery sales. 30 products to minors enacted after June 30, 1996 is Del.C. § 5369 (2003). preempted. 11 Del.C. § 1127 (1995). Free tobacco samples to minors are prohibited. 11 Del.C. § ► 1118 (1995). No cigarettes may be sold except in a The State Legislature has the legal authority to sealed package provided by the manufacturer levy taxes on tobacco products. 30 Del.C. §

32 5305(a) (2009) imposes a tax and sets the tax rate ► on cigarettes and 30 Del.C. § 5305(b&c) (2009) imposes and sets the tax rate on other tobacco The State Legislature has the legal authority to products. criminalize the possession or purchase of tobacco products by minors. Any municipal or county ordinance or regulation relating to the sale or The Department of Finance and the Secretary of distribution of tobacco products to minors Finance of the State have the legal authority to enacted after June 30, 1996 is preempted. 11 enforce tax levies on tobacco products. 30 Del.C. Del.C. § 1127 (1995). It is unlawful for any person § 5329 (1970). under the age of 18 to purchase or accept a sample of a tobacco product. 11 Del.C. § 1124 ► (1995). The Department of Finance has the legal authority to license tobacco product retailers. 30 Del.C. § 5310 (1964). The Department of Safety and Homeland Security has the legal authority to enforce the law relating to the purchase of tobacco products by minors. 11 The Department of Finance and the Secretary of Del.C. § 1125 (2003). Finance of the State have the legal authority to enforce the licensing requirements for tobacco product retailers. 30 Del.C. § 5329 (1970). ► The Department of Safety and Homeland Security has the legal authority to conduct random tobacco ► compliance checks. 11 Del.C. § 1125 (2003).

The Department of Finance has the legal authority ► to revoke licensure of tobacco product retailers. The State Legislature collects the money from 30 Del.C. § 5313 (1995). penalties for tobacco control violations.

► ►

The State Legislature has the legal authority to The MSA payments are placed in the Delaware restrict the advertising of other tobacco products. Health Fund. The State Legislature allocates the Restrictions on the advertising of tobacco money within the fund through its annual budget products are found at 6 Del.C. § 2507 (2000). process. 16 Del.C. § 137 (1999). Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug www.delcode.delaware.gov/index.shtml Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

33 DISTRICT OF COLUMBIA

► ► The Council of the District of Columbia has the The Council of the District of Columbia has the legal authority to ban self-service tobacco displays legal authority to restrict smoking in public places but has not done so to date. such as bars, restaurants, workplaces, etc. Restrictions on tobacco smoking are found in the ► Department of Health Functions Clarification Amendment Act of 2006. DC ST §§ 7-741, Part B, The Council of the District of Columbia has the 4915 to 4921 (2006). legal authority to restrict the Internet and delivery sales of tobacco products but has not done so to date. The Department of Public Health is authorized to conduct inspections of all places of employment ► and public places to ensure that smoking is not The Council of the District of Columbia has the taking place. DC ST § 7-741, Part B, 4916 (2006). legal authority to levy taxes on tobacco products. DC ST § 47-2402 (2008) imposes a tax and sets ► the tax rate on cigarettes. DC ST § 47-2002 (2006) imposes a tax and sets the tax rate on other The Council of the District of Columbia has the tobacco products. legal authority to restrict the sale of tobacco products through cigarette vending machines. The ► Mayor may issue regulations necessary to carry out The Mayor and the Director of the Department of the restrictions on the sale of tobacco products Consumer and Regulatory Affairs have the legal through vending machines. DC ST § 47-2415 authority to license tobacco product retailers. DC (1997). Licensing requirements and other ST § 47-2404 (2003) and D.C. Mun. Regs., tit. 9, § restrictions on tobacco product sales through 1010. vending machines are found at DC ST § 47-2404 (2003). ►

► The Mayor has the legal authority to revoke licensure of tobacco product retailers. DC ST § The Council of the District of Columbia has the 47-2404 (2003). legal authority to ban free tobacco samples and single cigarette sales. Free tobacco samples are ► banned except at a tobacco store, a convention, or a conference catering to adults. DC ST § 7-1731 (1991). Free tobacco samples to minors are The Council of the District of Columbia has the prohibited. DC ST § 22-1320 (1991). Cigarettes legal authority to restrict the advertising of other may not be sold in numbers fewer than the tobacco products. Tobacco advertising is number contained in the original package, and the prohibited on all system rail cars and buses of the sale of loose cigarettes from an opened or original Washington Metro Transit Authority. package is prohibited. D.C. Mun. Regs., tit. 9, § Under the Family Smoking Prevention and 1016. Tobacco Control Act, the Food and Drug Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new

34 legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The Council of the District of Columbia has the legal authority to criminalize the possession or purchase of tobacco products by minors but has not done so to date.

► The Office of Prevention and Youth Service within the DC Department of Health has the legal authority to conduct random tobacco compliance checks.

► The Council of the District of Columbia controls and distributes the money collected from penalties for tobacco control violations.

►

The Council of the District of Columbia and the Mayor are involved in the decision making process for the distribution of the tobacco settlement money. http://government.westlaw.com/linkedslice/defa ult.asp?SP=DCC-1000

35 FLORIDA

► The Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional The State Legislature has the legal authority to Regulation and any law enforcement officer restrict smoking in public places such as bars, certified under FL ST § 943.10(1), (6), or (8) restaurants, workplaces, etc. Regulation of (2007) have the legal authority to enforce the smoking is expressly preempted to the state of restrictions on free tobacco samples. FL ST § Florida and supersedes any municipal or county 569.12 (1997). The Division of Alcoholic ordinance. FL ST § 386.209 (2003). The Florida Beverages and Tobacco of the Department of Clean Indoor Air Act is found at FL ST §§ Business and Professional Regulation and, at the 386.201 et seq. (2003). request of the division, any law enforcement officer have the legal authority to enforce the The Department of Health, the Division of Hotels restrictions on single cigarette sales. FL ST § and Restaurants, or the Division of Alcoholic 210.185 (2000). Beverages and Tobacco of the Department of Business and Professional Regulation have the ► legal authority to enforce the restrictions on The State Legislature has the legal authority to ban smoking in public places. FL ST § 386.207 (2003). self-service tobacco displays. Restrictions on self- service tobacco displays are found at FL ST § ► 569.007 (1997).

The State Legislature has the legal authority to The Division of Alcoholic Beverages and Tobacco restrict the sale of tobacco products through of the Department of Business and Professional cigarette vending machines. Restrictions on Regulations has the legal authority to enforce the tobacco product sales through vending machines restrictions on self-service tobacco displays. A are found at FL ST § 569.007 (1997). county or municipality may designate certain employees or agents as tobacco product enforcement officers. FL ST § 569.12 (1997). The Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulations has the legal authority to enforce the ► restricted sale of tobacco products through vending machines. A county or municipality may The State Legislature has the legal authority to designate certain employees or agents as tobacco restrict Internet and delivery sales of tobacco product enforcement officers. FL ST § 569.12 products. The delivery of tobacco products other (1997). than cigars and pipe tobacco are prohibited. FL ST § 569.007 (1997). ► ► The State Legislature has the legal authority to The State Legislature has the legal authority to ban levy taxes on tobacco products. No municipality free tobacco samples and single cigarette sales. shall levy or collect any excise tax on cigarettes. Free tobacco samples to minors are prohibited. FL ST § 210.03 (1972). FL ST § 210.02 (2009) FL ST § 569.0075 (1997). It is unlawful to sell any imposes a tax and sets the tax rate on cigarettes. cigarettes the package of which does not comply FL ST § 210.30 (2009) imposes a tax and sets the with all requirements imposed by federal law. FL ST § 210.185 (2000). tax rate on other tobacco products.

36 ► The Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional The State Legislature has the legal authority to Regulation has the legal authority to enforce tax criminalize the possession or purchase of tobacco levies on tobacco products. FL ST § 210.75 products by minors. It is a non-criminal violation (1998). for a person under 18 years of age to possess or purchase tobacco products. FL ST § 569.11 ► (2001). The Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation has the legal authority to issue tobacco The Division of Alcoholic Beverages and Tobacco product dealer permits to retailers. FL ST § of the Department of Business and Professional 569.003 (1997). Regulation and any law enforcement officer certified under FL ST § 943.10(1), (6), or (8) (2007) have the legal authority to enforce the The Division of Alcoholic Beverages and Tobacco prohibition on the possession or purchase of of the Department of Business and Professional tobacco products by minors. Regulation and any law enforcement officer certified under FL ST § 943.10(1), (6), or (8) ► (2007) have the legal authority to enforce the The Division of Alcoholic Beverages and Tobacco licensing requirements of tobacco product of the Department of Business and Professional retailers. FL ST § 569.12 (1997). Regulation has the legal authority to conduct random tobacco compliance checks. ► ► The Division of Alcoholic Beverages and Tobacco The fines against retailers for tobacco control of the Department of Business and Professional violations are deposited in the State's General Regulation has the legal authority to revoke Revenue Fund. FL ST § 569.006 (1997). The licensure of tobacco product retailers. FL ST § penalties collected from minors purchasing or 569.006 (1997). possessing tobacco products are divided 80% to the Department of Education for teacher ► education, research, and evaluation to reduce and prevent the use of tobacco products by children Under the Family Smoking Prevention and and 20% to the Clerk of the county court to cover Tobacco Control Act, the Food and Drug administrative costs. FL ST § 569.11 (2001). Administration has wide-ranging authority to regulate tobacco product marketing and to restrict ► tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new Florida settled with the tobacco industry prior to legislation allows states to restrict the location, and separate from the multi-state settlement color, size, number and placement of cigarette agreement. In Florida, the State Legislature has advertisements and leaves unchanged local and asserted its rights to appropriate any funds paid or state government power to regulate smokeless payable to the state from the tobacco settlement tobacco or other tobacco products. fund. FL ST § 569.21 (1998).

www.leg.state.fl.us/statutes/

37 GEORGIA ► The State Revenue Commissioner has the legal authority to enforce the prohibition of free The Georgia Smoke-free Air Act is found at GA. tobacco samples to minors. GA. CODE ANN. § CODE ANN. §§ 31-12A-1 et seq. (2005). The 16-12-175 (2000). State Legislature, local boards of health, city commissions, and the county commissions have the legal authority to restrict smoking in public ► places such as bars, restaurants, workplaces, etc. Self-service tobacco displays have not been GA. CODE ANN. § 16-12-2(b) (2005), GA. banned to date. The State Legislature has the legal CODE ANN. § 31-12A-12 (2005) and GA. authority to ban self-service tobacco displays. CODE ANN. § 31-3-4 (1993). ►

The Georgia Department of Community Health No restrictions on Internet sales were found. and County Boards of Health and their duly authorized agents have the legal authority to ► enforce smoking restrictions in public places. GA. CODE ANN. § 31-12A-10 (2009). The State Legislature has the authority to levy taxes on tobacco products. GA. CODE ANN. § ► 48-11-2 (2003) imposes an excise tax and sets the tax rate on tobacco products. Tobacco product sales through vending machines are restricted by GA. CODE ANN. § 16-12-173 (2007). State Legislature, local boards of health, The State Revenue Commissioner has the legal city commissions, and county commissions have authority to enforce tax levies on tobacco the legal authority to restrict the sale of tobacco products. GA. CODE ANN. § 48-2-7 (2005). products through cigarette vending machines. GA. CODE ANN. § 16-12-2(b) (2005). ► The State Revenue Commissioner has the legal authority to license tobacco product retailers. GA. The State Revenue Commissioner has the legal CODE ANN. § 48-11-4 (2005). authority to enforce the restrictions on tobacco product sales from vending machines. GA. CODE ANN. § 16-12-175 (2000). The State The State Revenue Commissioner has the legal Revenue Commissioner may delegate employees authority to enforce the licensing regulations of of the Department of Revenue to enforce these tobacco product retailers. GA. CODE ANN. § restrictions. GA. CODE ANN. § 16-12-176 48-11-4 (2005). (2000). ► ► The State Revenue Commissioner has the legal Free tobacco samples and single cigarette sales are authority to revoke licensure of tobacco product not banned to date. The State Legislature has the retailers. GA. CODE ANN. § 48-11-6 (1978). authority to ban free tobacco samples and single cigarette sales. GA. CODE ANN. § 16-12-174 (1993) prohibits the distribution of tobacco The State Revenue Commissioner has the legal product samples to minors. authority to enforce the licensing regulations of

38 tobacco product retailers. GA. CODE ANN. § ► 48-11-4 (2005). The State Legislature is involved in the decision- ► making process for the distribution of the tobacco settlement money. The Attorney General's office Under the Family Smoking Prevention and is responsible for enforcing the tobacco industry's Tobacco Control Act, the Food and Drug compliance with the agreement and the governing Administration has wide-ranging authority to of escrow deposits. The money is deposited each regulate tobacco product marketing and to restrict year into the state treasury and allocated by the tobacco advertising and promotion in the interest General Assembly. GA.CODE ANN. §§ 10-13A- of public health. H.R. 1256 (2009). The new 1 et seq. (2003) addresses the enforcement of the legislation allows states to restrict the location, Master Settlement Agreement. color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless www.legis.state.ga.us tobacco or other tobacco products.

►

The State Legislature has the authority to and has criminalized the possession or purchase of tobacco products by minors. GA. CODE ANN. § 16-12-171 (2007).

The State Revenue Commissioner and county law enforcement have the legal authority to enforce the criminalization of minors for possession or purchase of tobacco products. GA. CODE ANN. § 16-12-175(a) (2000).

► The State Revenue Commissioner, acting through special agents or enforcement officers, has the legal authority to conduct random tobacco compliance checks. The State Revenue Commissioner has the authority to enforce compliance checks. GA. CODE ANN. § 16-12- 175(b) (2000).

► Any fine collected for tobacco control violations is paid to the clerk of the court of the jurisdiction in which the violation occurred. Upon receipt, the clerk must promptly notify the state revenue commissioner. GA. CODE ANN. § 16-12-175(a) (2000).

39 HAWAII

► ►

The State Legislature and counties have the legal Internet sales of tobacco products are restricted authority to restrict smoking in public places and by HI ST § 245-1, et seq. (2004). It is unlawful to the workplace. Restrictions on tobacco smoking ship cigarettes to a person or entity that is not are found at HI ST §§ 328J et seq. (2006). licensed under HI ST § 245-1, et seq. (2004), an export warehouse proprietor, or an operator of a customs bonded warehouse. Cigarettes must be The Department of Health has the legal authority shipped in the cigarette manufacturer's original to enforce compliance with smoking restrictions container or wrapping and be visibly marked with in public places and in the workplace. HI ST § the word "cigarette.” These restrictions do not 328J-11 (2006). apply if the cigarettes are exempt from taxes, all applicable Hawaii taxes are paid, or the person or ► entity has fully complied with the Jenkins Act found at 15 U.S.C.A. § 375 et al. (1955) and The State Legislature has the legal authority to includes clearly visible specified notice on the restrict the sale of tobacco products through outside of the shipping container. Such notice vending machines. All tobacco products sales shall state Hawaii law prohibits the sale of through vending machines are restricted by HI ST cigarettes to individuals less than 18 years of age § 328J-16 (2006). Placement of cigarette vending and requires payment of all applicable taxes. machines is restricted to locations such as bars, Violation is a misdemeanor if less than 1,000 cabarets, or any establishment where the cigarettes are shipped illegally and a Class C felony minimum age for admission is 18. if 1,000 or more cigarettes are shipped illegally. HI ST § 245-16 (2004). The restrictions contained in HI ST § 245-16 (2004) apply only to cigarettes, ► not other tobacco products.

Free tobacco samples are not banned to date. The ► State Legislature has the legal authority to ban free The State Legislature has the legal authority to tobacco samples. Distribution of sample tobacco levy taxes on tobacco products. HI ST § 245-3 products is restricted by HI ST § 328J-17 (2006) (2009) imposes an excise tax and sets the tax rate prohibits the distribution of sample cigarettes or on tobacco products. tobacco products, or coupons redeemable for cigarettes or tobacco products, on any public street, sidewalk, or park, or within 1,000 feet of The Director of Taxation has the authority to schools. In Hawaii, sales of single cigarettes and enforce tax levies on tobacco products. HI ST § packs of cigarettes containing fewer than 20 245-13 (1965). cigarettes are banned. HI ST § 712-1257 (2000). ► The State Legislature has the authority to license The state and local police have the authority to enforce bans on single cigarette sales. tobacco product retailers. Beginning December 1, 2006, the department of taxation has the authority to issue a retail tobacco permit to every retailer ► engaged in the retail sale of tobacco products. HI Self-service tobacco displays have not been ST § 245-2.5(a) (2009). Beginning March 1, 2007, banned to date. The state legislature has the legal it shall be unlawful for any retailer engaged in the authority to ban self-service tobacco displays. retail sale of tobacco products upon which a tax is required to be paid to sell tobacco products

40 without a retail tobacco permit. HI ST § 245-2.5(a) ► (2009). The Department of Taxation has the legal The Department of Health and local police have authority to license tobacco products wholesalers the legal authority to conduct and enforce random and dealers. HI ST § 245-2 (2005). tobacco compliance checks. HI ST § 709-908(3) (1998). ► ► The Department of Taxation has the authority to The money collected from penalties for a tobacco revoke retail tobacco permits. HI ST § 245-2.5(m) control violation goes to the state general fund. HI (2009). The Department of Taxation has the ST § 328J-12 (2006). Monies collected for authority to revoke tobacco products licenses for violations of the cigarette tax and tobacco tax law wholesalers and dealers. HI ST § 245-2(c) (2005). go to the attorney general's tobacco enforcement special fund or shared equally between the ► attorney general and the prosecuting attorney. HI ST § 245-41(c) (2003). City and County of Honolulu Ordinance 98-10 (1998) prohibits placement of tobacco ► advertisements that are visible outside from public property within 1,000 feet of schools. HI ST § 328L-2 (2003) establishes the Hawaii Tobacco Settlement Fund in the state treasury. Under the Family Smoking Prevention and This fund is administered by the Department of Tobacco Control Act, the Food and Drug Health. All monies from the MSA, as well as Administration has wide-ranging authority to interest and earnings from these monies, are regulate tobacco product marketing and to restrict deposited into this fund. In each fiscal year the tobacco advertising and promotion in the interest first $350 million of this money is deposited in the of public health. H.R. 1256 (2009). The new state treasury to the credit of the Tobacco legislation allows states to restrict the location, Enforcement Special Fund. HI ST § 328L-2(2) color, size, number and placement of cigarette (2003). The remaining MSA monies are advertisements and leaves unchanged local and distributed as follows: 24.5% into the Emergency state government power to regulate smokeless and Budget Reserve Fund established under HI tobacco or other tobacco products. ST § 328L-3 (2003), 35% to the department of health for disease prevention and health ► promotion under HI ST § 328L-4 (1999), 12.5% into the Hawaii Tobacco Prevention and Control The State Legislature has the legal authority to and Trust Fund established under HI ST § 328L-5 has criminalized the possession or purchase of (2001), and 28% into the University Revenue- tobacco products by minors. HI ST § 709-908 Undertakings Fund created in HI ST § 306-10 (1998). (2005).

The state and local police have the authority to www.capitol.hawaii.gov enforce the criminalization of possession or purchase of tobacco products by minors. FY2009 Memorandums of Agreement with Police Departments (2008).

41 IDAHO

► ►

The Idaho Clean Indoor Air Act is found at ID The State Legislature has the authority to restrict ST §§ 39-5501, et seq. (2004). Local, county, or Internet sales of tobacco products. The municipal governments and the state legislature restrictions on Internet sales are found at ID ST have the legal authority to restrict smoking in §§ 39-5714, et seq. (2003). These restrictions public places such as bars, restaurants, workplaces, include age verification requirements, disclosure etc. ID ST § 39-5511 (2004). and notice requirements, registration requirements, and tax collection requirements.

An employer, or other person in charge of a ► public place or publicly owned building, or the The State Legislature has the legal authority to agent or employee of such person and local and levy taxes on tobacco products. The Idaho state law enforcement have the authority to Tobacco Products Tax Act is found at ID ST § enforce restrictions on smoking in public places. 63-2501 et seq. (1974). ID ST § 39-5507 (2004).

► The Idaho State Tax Commission has the authority to enforce tax levies on tobacco The State Legislature has the legal authority to products. ID ST § 63-2563 (2007). restrict and has restricted the sale of tobacco products through cigarette vending machines. ► Selling or distributing tobacco products from a The Department of Health and Welfare has the vending machine is prohibited. ID ST § 39-5706 legal authority to license tobacco product retailers. (1998). ID ST § 39-5704 (1998). Local units of government do not have the power to require a ► permit or license for the sale or distribution of tobacco products. ID ST § 39-5713 (1998). The State Legislature has the legal authority to ban and has banned free tobacco samples and single The Department of Health and Welfare has the cigarette sales. ID ST § 39-5707 (1998). authority to enforce the licensing requirements of tobacco products retailers. ID ST § 39-5704 ► (1998). The State Legislature and local units of government have the legal authority to ban self- ► service tobacco displays. ID ST § 39-5713 (1998). It is unlawful to sell or distribute tobacco products from self-service displays except in stores with The Department of Health and Welfare has the tobacco products comprising at least 75% of total legal authority to suspend licensure of tobacco merchandise, if minors are not allowed into the product retailers. ID ST § 39-5704 (1998). store, and signs prohibiting minors are posted clearly on all entrances. ID ST § 39-5706 (1998). ►

Under the Family Smoking Prevention and Law enforcement agencies, the Attorney General, Tobacco Control Act, the Food and Drug and the Department of Health and Welfare have Administration has wide-ranging authority to the authority to enforce bans on self-service regulate tobacco product marketing and to restrict tobacco displays. ID ST § 39-5710 (2003).

42 tobacco advertising and promotion in the interest Idaho Millennium Income Fund. ID ST § 67-1802 of public health. H.R. 1256 (2009). The new (2006). The State Legislature allocates money from legislation allows states to restrict the location, the Idaho Millennium Income Fund. ID ST §§ 67- color, size, number and placement of cigarette 1801, et seq. has been amended, effective January advertisements and leaves unchanged local and 1, 2007. These amendments create the Idaho state government power to regulate smokeless Millennium Permanent Endowment Fund, tobacco or other tobacco products. provide an annual distribution from this fund to the Idaho Millennium Income Fund, provide for ► distribution of monies to the Idaho Millennium Fund and provide for an annual distribution from The State Legislature has the legal authority to this fund, provide a fund balance limit in the criminalize and has criminalized the possession or Idaho Millennium Fund, and provide for transfer purchase of tobacco products by minors. ID ST § to the Idaho Millennium Permanent Endowment 39-5703 (1998). Local units of government may Fund any amount exceeding this statutory limit. pass ordinances that are more stringent than the state's. ID ST § 39-5713 (1998). www3.state.id.us/idstat/TOC/idstTOC.html

Law enforcement agencies, the Attorney General, and the Department of Health and Welfare have the authority to enforce the criminal possession or purchase of tobacco products by minors. ID ST § 39-5710 (2003).

► The Department of Health and Welfare and law enforcement agencies have the legal authority to conduct random, unannounced tobacco compliance checks. ID ST § 39-5710 (2003).

► ID ST § 39-5711 (1998) created the Prevention of Minors' Access to Tobacco Fund in the state treasury. All monies collected for violations of all laws, rules, or regulations regarding the sale or distribution of tobacco products shall be remitted to this fund. ID ST § 39-5708 (2001).

►

The State Legislature created the Idaho Millennium Permanent Endowment Fund which consists of 80% of all monies distributed to the state pursuant to the Master Settlement Agreement. ID ST § 67-1801 (2006). Each year the state treasurer distributes 5% of the average monthly fair market value of the Idaho Millennium Permanent Endowment Fund into the

43 ILLINOIS

► must be visible to the cashier or other employee. 720 ILCS 677/10 (2005). The Smoke Free Illinois Act is found at 410 ILCS 82/1, et seq. (2008), The Illinois General ► Assembly, a home rule unit of local government, and any municipality have the legal authority to The Illinois General Assembly has the legal restrict smoking in public places such as bars, authority to restrict Internet sales. The restrictions restaurants, workplaces, etc. Restrictions on on Internet sales are found at 720 ILCS 678/1 et smoking in public places are found at 410 ILCS seq. (2004). The restrictions include age 82/15 (2009) verification requirements and licensing requirements.

The Department of Public Health, state-certified ► local public health departments, or local law The Illinois General Assembly has the legal enforcement agencies may enforce and assess authority to levy taxes on tobacco products. The fines for violations related to the Smoke Free Illinois Cigarette Tax Act is found at 35 ILCS Illinois Act. 410 ILCS 82/40 (2009). 130/1 et seq. (2009). The Illinois Tobacco Products Tax Act of 1995 is found at 35 ILCS ► 143/1 et seq. Under the Illinois Constitution both home rule and non-home rule municipalities may Tobacco product sales through vending machines impose a cigarette tax. ILCS Const. Art. 7, § 6. are not prohibited if the location of the vending The Department of Revenue does not collect machine complies with the provisions of the Sale these local taxes. of Tobacco to Minors Act. 720 ILCS 677/15 (2005). In Illinois, home rule units of local government and the Illinois General Assembly The Department of Revenue has the authority to have the legal authority to restrict the sale of enforce tax levies on tobacco products. 35 ILCS tobacco products through cigarette vending 130/2 (2006). machines. ILCS Const. Art. 7, § 6. ► ► The Department of Revenue has the legal authority to license distributors to sell tobacco products. 35 ILCS 130/4 (2009), 35 ILCS 143/10 Free tobacco samples and single cigarette sales are (2002). There are no license requirements for not banned to date. The Illinois General Assembly retailers. and home rule units of local government have the legal authority to ban free tobacco samples and single cigarette sales. 720 ILCS 675/1 (2009) The Department of Revenue has the authority to prohibits the distribution of tobacco product enforce licensing requirements of tobacco product samples to minors. distributors. 35 ILCS 130/6 (2002), 35 ILCS 143/10-25 (2002). ► Home rule units of local governments and the ► Illinois General Assembly have the legal authority to ban self-service tobacco displays. All single packs of cigarettes must be sold from behind the The Department of Revenue has the legal counter, in an age restricted area, or in a sealed authority to revoke licensure of tobacco product display case. All other tobacco products displays distributors. 35 ILCS 130/6 (2002), 35 ILCS 143/10-25 (2002).

44 ► www.ilga.gov/legislation/ilcs/ilcs.asp Under the Family Smoking Prevention and

►

The Illinois General Assembly has the legal authority to criminalize the possession or purchase of tobacco products by minors. The Illinois General Assembly has criminalized the sale of tobacco products to minors. 720 ILCS 675/1 (2009). The possession of tobacco products by minors has not been criminalized.

The police have the authority to enforce the criminal purchase of tobacco products by minors.

► The Illinois Liquor Control Commission has the legal authority to conduct random tobacco compliance checks. 235 ILCS 5/6-16.1 (2003).

► One half of each fine collected under the Sale of Tobacco to Minors Act is distributed to the unit of local government or other entity that successfully prosecuted the offender and one-half shall be remitted to the state of Illinois to be used for enforcing this Act. 720 ILCS 675/2 (1993).

►

The Illinois General Assembly has the legal authority to distribute the tobacco settlement money.

45 INDIANA

► can only be sold in an unopened package originating with the manufacturer that bears the health warning required by federal law. IC 7.1-6-2- The Indiana Clean Indoor Air Law is found at IC 3 (1996). 16-41-37-1 et seq. (1993). Local municipalities, towns, counties, and the State Legislature have the legal authority to restrict smoking in public places ► such as bars, restaurants, workplaces, etc. IC 16- Self-service cigarette displays are prohibited except 41-37-9 (1996). in retail establishments that do not allow individuals under the age of 18 to enter. IC 35-46- 1-11.8 (2007). The State Legislature has the legal The official in charge of a public building shall authority to ban self-service tobacco displays. IC remove a person who is smoking in violation of 16-41-39-1 (1996). Local ordinances, bylaws, and this law and fails to refrain from smoking when rules regulating the display of tobacco products requested to do so. IC 16-41-37-6 (1996). The are prohibited. IC 16-41-39-2 (1996). Office of Prosecutor in the Alcohol and Tobacco Commission has the authority to prosecute ► violations of laws pertaining to tobacco. IC 7.1-2- 2-5 (2003). The State Legislature has the legal authority to restrict Internet sales of tobacco products. ► Restrictions on Internet sales are found at IC 24- 3-5-1 et seq. (2005). Tobacco product sales through vending machines are restricted by IC 35-46-1-11 (2008) and IC 35- ► 46-1-11.5 (2003). The State Legislature has the The Indiana Cigarette Tax Act is found at IC 6-7- legal authority to restrict the sale of tobacco 1-1 et seq. (1988) & 6-7-1-12 (2007). The Tobacco products through cigarette vending machines. IC Products Tax Act is found at IC 6-7-2-1 et seq. 16-41-39-1 (1996). Local ordinances, bylaws, and (1987) & 6-7-2-7 (2007). In Indiana, the State rules regulating the sale, distribution, or display of Legislature has the legal authority to levy taxes on tobacco products are void, regardless of when tobacco products. enacted. IC 16-41-39-2 (1996).

The Indiana Department of State Revenue has the The Office of Prosecutor in the Alcohol and legal authority to enforce tax levies on tobacco Tobacco Commission has the authority to products. IC 6-7-1-15 (1980). prosecute violations of vending machine sales of tobacco products. IC 7.1-2-2-5 (2003). ► The State Legislature has the legal authority to ► license tobacco product retailers. Currently, retailers are required to obtain a tobacco sales There is no outright ban on free tobacco samples certificate issued by the Alcohol and Tobacco and single cigarette sales to date. The State Commission. IC 7.1-3-18.5-1 (2003). Distributors Legislature has the legal authority to ban free must obtain a registration certificate to sell tobacco samples and single cigarette sales. IC 16- cigarettes issued by the Department of State 41-39-1 (1996). An ordinance, bylaw, or rule of Revenue. IC 6-7-1-16 (1992). Distributors must any county, city, township, other political obtain a license from the Department of State subdivision, or agency of the state is void. IC 16- Revenue before they distribute tobacco products 41-39-2 (1996). Free tobacco samples to minors in Indiana. IC 6-7-2-8 (1987). Importers and are prohibited. IC 35-46-1-10.2 (2008). Cigarettes manufacturers must obtain a license from the

Alcohol and Tobacco Commission for their ► principal place of business. IC 24-3-6-9 (2005). The Division of Mental Health and Addiction has the legal authority to coordinate random, ► unannounced compliance checks. The Alcohol and Tobacco Commission, a state law The Alcohol and Tobacco Commission may enforcement agency, a county sheriff's office, or suspend a tobacco sales certificate of a person municipal police department have the legal who fails to pay civil penalties imposed for authority to conduct random tobacco compliance violating tobacco laws. IC 7.1-3-18.5-5 (2008). The checks. IC 7.1-6-2-2 (2001). Department of Revenue has the legal authority to suspend or revoke registration certificates for ► distributors. IC 6-7-1-15 (1980). The Department The Richard D. Doyle Youth Tobacco Education of Revenue has the legal authority to revoke or and Enforcement Fund was established by IC 7.1- suspend licenses for tobacco product distributors. 6-2-6 (2003). Civil penalties collected must be IC 6-7-2-11 (2003). The Alcohol and Tobacco deposited into this fund. IC 35-46-1-10, et seq. Commission has the legal authority to revoke or (2003). The fund is administered by the Alcohol suspend importers' and manufacturers' principal and Tobacco Commission. IC 7.1-6-2-6 (2003). place of business licenses. IC 24-3-6-9 (2005). ► ► The Tobacco Master Settlement Agreement Fund Under the Family Smoking Prevention and was created by IC 4-12-1-14.3 (2003). The fund is Tobacco Control Act, the Food and Drug administered by the Budget Agency. IC 4-12-1- Administration has wide-ranging authority to 14.3 (2003). regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new www.in.gov/legislative/ic/code/ legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. Any person less than 18 years of age who purchases or possesses tobacco products commits a class C infraction. IC § 35-46- 1-10.5 (1996).

In Indiana, the Office of Prosecutor in the Alcohol and Tobacco Commission has the authority to enforce laws against possession or purchase of tobacco products by minors. IC 7.1-2- 2-5 (2003).

47 IOWA

► samples must have a cigarette tax stamp affixed to them. Free tobacco samples to minors or within 500 feet of a playground, school or other facility The State Legislature and local government have used primarily by persons under the age of 18 are the legal authority to restrict smoking in public prohibited. I.C.A. § 453A.39 (2004). places such as bars, restaurants, workplaces, etc. As of July 1, 2008, I.C.A. § 142B which provided preemption was repealed. The Iowa Smoke-free ► Air Act restricts smoking in restaurants, bars, and The State Legislature has the legal authority to ban workplaces and can be found at I.C.A. § 142D.1 et self-service tobacco displays. A retailer is seq. (2008). prohibited from selling or offering for sale tobacco products in a quantity of less than a carton through the use of a self-service display. The Department of Public Health, or its designee, I.C.A. § 453A.36A (1998). The provisions of has the authority to enforce compliance with Chapter 453A shall supersede any local law or smoking restrictions in public places and the regulation which is inconsistent with, or conflicts workplace. I.C.A. § 142D.8 (2008). with, the provisions of this chapter. I.C.A. § 453A.56 (1991). ► The Director of the Department of Revenue has The State Legislature has the legal authority to the authority to enforce restrictions on self-service restrict the sale of tobacco products through tobacco displays. I.C.A. § 453A.25 (2007). cigarette vending machines. In Iowa, cigarettes or other tobacco products cannot be sold through a ► vending machine unless the vending machine is located in a place where no person under the age of 18 is present or permitted to enter at any time. The State Legislature has the legal authority to I.C.A. § 453A.36(6) (2007). The provisions of restrict Internet sales but has not done so to date. Chapter 453A shall supersede any local law or regulation which is inconsistent with or conflicts ► with this chapter. I.C.A. § 453A.56 (1991). The State Legislature has the legal authority to levy taxes on tobacco products. In Iowa, the Cigarette and Tobacco Taxes Act is found at The Director of the Department of Revenue has I.C.A. §§ 453A et seq. (2007). the authority to enforce restrictions on tobacco product sales via vending machines. I.C.A. § 453A.25 (2007). If a retailer or employee of a The Director of the Department of Revenue has retailer has violated I.C.A. § 453A.36(6), the the legal authority to enforce tax levies on tobacco Department of Revenue, local authority, or the products. I.C.A. § 453A.25 (2007) and I.C.A. § Iowa Department of Public Health, in addition to 453A.48 (2003). other penalties assessed, shall assess a penalty against the retailer. I.C.A. § 453A.22(2) (2006). ► Every distributor, wholesaler, cigarette vendor, ► and retailer who engages in the sale or use of cigarettes upon which a tax is required to be paid The State Legislature has the legal authority to ban must obtain a state or retail cigarette permit. free tobacco samples and single cigarette sales. I.C.A. § 453A.13 (2007). The Department of The sale of cigarettes in packs of fewer than 20 is Revenue issues state permits to distributors, prohibited. I.C.A. § 453A.6 (2007). All cigarette wholesalers, and cigarette vendors. City and

48 County Boards of Supervisors issue retail permits prospective employees of retailers. I.C.A. § 453A.5 to dealers. I.C.A. § 453A.13 (2007). City and (2005). Law enforcement officers have the legal County Boards of Supervisors shall issue retail authority to conduct compliance checks. Law permits for the sale of tobacco products. I.C.A. § enforcement officers are defined to include the 453A.47A (2005). Iowa Department of Public Health, a county health department, a city health department, or a ► city. I.C.A. § 453A.2 (2003). Law enforcement officers are also defined to include sheriffs and The Department of Revenue, the local authority, their regular deputies, marshals and police officers or the Iowa Department of Public Health have the of cities, and peace officer members of the legal authority to revoke licensure of tobacco department of public safety. I.C.A. § 801.4(11) product retailers if a retailer violates the sales to (1990). minors provisions or restrictions on vending machine provisions. I.C.A. § 453A.22 (2006). ► The city or county enforcing the violation retains ► the penalty. I.C.A. § 453A.3 (2005). Civil penalties assessed by the Iowa Department of Public Health are paid into a Tobacco Compliance Employee Under the Family Smoking Prevention and Training Fund created in the office of the Tobacco Control Act, the Food and Drug treasurer of the state. Monies in the fund are Administration has wide-ranging authority to appropriated to the Alcoholic Beverages regulate tobacco product marketing and to restrict Commission of the Department of Commerce tobacco advertising and promotion in the interest and shall be used to administer the tobacco of public health. H.R. 1256 (2009). The new compliance employee training program. I.C.A. § legislation allows states to restrict the location, 453A.2(7) (2003). color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless ► tobacco or other tobacco products. The Tobacco Settlement Authority was created as ► a public instrumentality and agent of the state. The Tobacco Settlement Authority has the legal authority to sell, pledge, or assign, as security or The State Legislature has the legal authority to consideration, all or a portion of the state's share prohibit and has prohibited the possession or of the Master Settlement Agreement. I.C.A. § purchase of tobacco products by minors. I.C.A. § 12E.3 (2001). A Tobacco Settlement Trust Fund 453A.2(2) (2003). was established under the control of the Tobacco Settlement Authority. This fund is separate and apart from all other public monies or funds of the The Iowa Department of Public Health, a county state. Payments received from the Master health department, a city health department, or a Settlement Agreement, which are not pledged to city may directly enforce the prohibitions on the payment of bonds or otherwise obligated, are possession or purchase of tobacco products by paid into this fund. I.C.A. § 12E.12(1)(a) (2008). minors. I.C.A. § 453A.2(4) (2003). The Tobacco Settlement Authority shall execute the disposition and investment of monies in the ► fund. I.C.A. § 12E.12(3) (2008). The Alcoholic Beverages Division of the Department of Commerce shall develop a tobacco compliance employee training program which http://www.legis.state.ia.us/IowaLaw.html shall be made available to employees and

49 KANSAS

► ►

Restrictions on smoking in public places are found The State Legislature has the legal authority to ban at KS ST §§ 21-4009 et seq. (1987). The State free tobacco samples and single cigarette sales. Legislature, cities, and counties have the legal Manufacturers are authorized to distribute free authority to restrict smoking in public places such sample packages of cigarettes containing fewer as bars, restaurants, workplaces, etc. KS ST § 21- than 20 cigarettes without tax stamps provided 4013 (1987). that monthly reports and payment of tax are made directly to the Director of Taxation. KS ST § 79- 3313 (2007). Free tobacco samples to minors or The proprietor or person in charge of a public distribution of free samples within 500 feet of any place shall post signs stating that smoking is school used primarily by minors is prohibited prohibited by state law. In a designated smoking unless it is in an area where minors are denied area, signs must be posted stating that smoking is access: at a tobacco store; or at an outdoor allowed in that area. KS ST § 21-4011 (1987). The production, repair, or construction site. KS ST § Department of Health and Environment or local 79-3321(s) (2000). All cigarettes in Kansas must be board of health may institute an action in any in packages. KS ST § 79-3313 (2007). It is court of competent jurisdiction to enjoin repeated unlawful to sell any cigarettes the package of violations of this act. KS ST § 21-4012 (1987). which does not comply with all requirements imposed by federal law regarding warnings and ► other information on packages of cigarettes manufactured, packaged, or imported for sale, The State Legislature has the legal authority to distribution, or use in the United States. KS ST § restrict the sale of tobacco products through 79-3321(u)(1) (2000). cigarette vending machines. In Kansas, a vending machine operator is required to obtain a vending ► machine operator's master license and a separate Self-service tobacco displays have not been permit for each vending machine used by the banned to date. The State Legislature has the legal operator. KS ST § 79-3303 (2001). It is unlawful authority to ban self-service tobacco displays. to vend small cigars from a cigarette vending machine. KS ST § 79-3321(k) (2000). ►

The State Legislature has the legal authority to The Director of Taxation is authorized to suspend restrict Internet sales of tobacco products. or revoke a vending machine operator's master Restrictions on Internet sales of cigarettes are license. The revocation or suspension of a master found at KS ST § 79-3333 (2004). There are no license shall revoke or suspend all vending restrictions on Internet sales of other tobacco machine permits issued to the vending machine products to date. operator. KS ST § 79-3309 (1996). The Director of Taxation and the Director's agents and ► representatives, state law enforcement officers, The State Legislature has the legal authority to and city police have the authority to enforce levy taxes on tobacco products. KS ST § 79-3310 restrictions on tobacco product vending machines. (2002) imposes a tax and sets the tax rate on KS ST § 79-3326 (1996). cigarettes. KS ST § 79-3371 (1972) imposes and sets the tax rate on all other tobacco products.

50 ► The Director of Taxation has the legal authority to The Director of Taxation, the Attorney General, enforce tax levies on tobacco products. The county attorneys, and district attorneys have the Secretary of Revenue shall adopt rules and legal authority to conduct random tobacco regulations for the administration of the tobacco compliance checks. KS ST §§ 79-3326 (1996) & tax act. The Director of Taxation may use any 79-3394 (1996). state law enforcement officer or city police to aid enforcement. KS ST § 79-3326 (1996). ► Any fine collected for violations of the Cigarettes ► and Tobacco Products Act are remitted to the The Director of Taxation has the legal authority to state treasurer who deposits the entire amount in license tobacco product retailers. KS ST § 79-3303 the state treasury to the credit of the Cigarette and (2001). The Director of Taxation has the legal Tobacco Products Regulation Fund. KS ST § 79- authority to license tobacco product distributors. 3391 (2001). KS ST § 79-3373 (1996). ► ► The State Legislature is involved in the decision- The Director of Taxation has the legal authority to making process for the distribution of the tobacco revoke licensure of tobacco product retailers and settlement money. distributors. KS ST § 79-3309 (1996).

► www.kslegislature.org/legsrv-statutes/index.do

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. KS ST §§ 79-3321 (2000) & 79-3322 (2000).

51 KENTUCKY

► must be in the line of sight of the cashier for the retail establishment except for machines located in factories or vending machines located in bars or The State Legislature and local government have taverns where access to minors is prohibited. KRS the legal authority to restrict smoking in public § 438.315 (2000). places such as bars, restaurants, workplaces, etc. Lexington Fayette County Food and Beverage Association v. Lexington-Fayette Urban County All peace officers with general law enforcement Government, et al. 131 S.W.3d 745 (2004). In authority and employees of the Office of Kentucky there are no state legislated restrictions Alcoholic Beverage Control may issue a uniform on smoking in public places such as bars citation, but not make an arrest or take a child into restaurants, workplaces, etc. except in some custody, for a violation of these restrictions. KRS government buildings and schools. Smoking is § 438.315 (5) (2000). prohibited in public areas of the Capitol and Capitol Annex except in designated smoking areas. KRS § 61.167 (2004). In schools, smoking is ► restricted to a room on the school premises designated by the superintendent or principal for The State Legislature has the legal authority to ban that purpose. KRS § 438.050 (1988). free tobacco samples and single cigarette sales. Tobacco product samples to any person under the KRS 212.230 (2006) states that boards of health age of 18 are prohibited. KRS § 438.313 (2000). may adopt administrative regulations not in All cigarettes sold at retail must be in packages of conflict with regulations of Cabinet for Health and no fewer than 20 cigarettes. KRS § 438.317 Family Services necessary to protect the health of (2000). the people. KRS 212.890 (1972) states that local boards of health, except as provided by law, do all ► other things reasonably necessary to protect and Self-service tobacco displays have not been improve health of the people. Lexington Fayette banned to date. The State Legislature has the legal County Food and Beverage Association v. authority to ban self-service tobacco displays. Lexington-Fayette Urban County Government, et al. 131 S.W.3d 745 (2004) states that the ► protection of public health is uniformly recognized as a most important municipal The State Legislature has the legal authority to function and that local ordinances prohibiting restrict Internet sales of tobacco products but has smoking in public places are not preempted. not done so to date.

► ► The State Legislature has the legal authority to The State Legislature has the legal authority to levy taxes on tobacco products. KRS § 138.140 restrict the sale of tobacco products through (2009) imposes taxes and sets the tax rates on cigarette vending machines. The provisions of tobacco products. KRS §§ 438.305 to 438.340 (2000) supersede any subsequently enacted local law, ordinance, or ► regulation relating to the use, display, sale, or Retailers are not required to obtain a license to sell distribution of tobacco products. KRS § 438.300 tobacco products. The State Legislature has the (1996). The use of vending machines by any legal authority to license tobacco product retailers. person under the age of 18 for the sale or Cigarette wholesalers and cigarette vending purchase of tobacco products is prohibited. Any machine operators are required to obtain a license vending machine dispensing tobacco products

52 from the Department of Revenue. KRS § 138.195 ► (1) (2009). The Department of Agriculture and the Office of Alcoholic Beverage Control each keep 50% of any ► fines collected for tobacco control violations. KRS §§ 438.335 (2005) & 438.337 (2000). Retailers are not required to obtain a license to sell tobacco products. The Commissioner of the ► Department of Revenue has the authority to revoke licensure of wholesalers and vending The Tobacco Settlement Agreement Fund was machine operators. KRS § 138.195 (8) (2009). created as a permanent and perpetual fund to which all funds designated to Kentucky from the ► Master Settlement Agreement are designated. KRS § 248.654 (2000). The allocation of monies Under the Family Smoking Prevention and received in the Tobacco Settlement Agreement Tobacco Control Act, the Food and Drug Fund is set out in KRS § 248.703 (2005). The Administration has wide-ranging authority to Tobacco Settlement Agreement Fund Oversight regulate tobacco product marketing and to restrict Committee is established by KRS § 248.723 tobacco advertising and promotion in the interest (2009). of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette www.lrc.ky.gov/krs/titles.htm advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

In Kentucky, no cigarette or tobacco products advertising shall be posted on a billboard larger than 50 square feet, located within 500 feet of any elementary or secondary school, or adjacent school-owned property. KRS § 438.047 (1992).

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. KRS §§ 438.311 (2006) & 438.350 (2000).

► The Office of Alcoholic Beverage Control and the Department of Agriculture have the legal authority to conduct random tobacco compliance checks. KRS § 483.330 (2000).

53 LOUISIANA

► suspend or revoke vending machine operator permits and vending machine permits. LSA-R.S. 26:916 (2006). The Louisiana Smoke-free Air Act is found at LSA-R.S. 40:1300.251 et seq. (2008) and restricts ► smoking in restaurants and all workplaces. The State Legislature, municipal, and parish governing The State Legislature has the legal authority to ban authorities and any political subdivision of the free tobacco samples and single cigarette sales. state have the legal authority to restrict smoking in Promotional samples of any tobacco products to public places such as restaurants, bars, workplaces, persons under the age of 18 are prohibited. LSA- etc. LSA-R.S. 40:1300.256 (2008). R.S. 14:91.6 (1988). The sale of single cigarettes is banned. All cigarettes sold or distributed must be in packages of no fewer than 20 cigarettes. LSA- Law enforcement officers have the authority to R.S. 26:911 (1999). enforce the restrictions on smoking in public places. LSA-R.S. 40:1300.262 (2008). ► The State Legislature has the legal authority to ban ► self-service tobacco displays. Self-service tobacco displays are prohibited under a law signed in July The State Legislature has the legal authority to 2009. All tobacco products must be sold behind restrict the sale of tobacco products through the retail counter or in locked display cases in the cigarette vending machines. Every person who line of sight of the retailer. LSA-R.S. 26:901(10) sells cigarettes, cigars, and smoking tobacco by (2009). vending machine must obtain from the Collector of Revenue a permit for each place of business. ► LSA-R.S. 47:844 (2006). Every person who sells tobacco products by vending machine must obtain The State Legislature has the legal authority to a permit for each vending machine from the restrict Internet sales of tobacco products. In Commissioner of Alcohol and Tobacco Control. Louisiana, restrictions on Internet sales of LSA-R.S. 26:901 (2006). In Louisiana, cigarettes cigarettes are found at LSA-R.S. 47:871 et seq. and other tobacco products cannot be sold (2003). Internet sales of cigarettes to any person through a vending machine unless the vending under the legal minimum purchase age is machine is located in a place where no person prohibited. LSA-R.S. 47:872 (2003). There are no under the age of 18 is present or permitted to restrictions on Internet sales of other tobacco enter at any time and is within the obstructed line products to date. of sight of the dealer. LSA-R.S. 26:910 (1997). ► The State Legislature has the legal authority to The Commissioner of Alcohol and Tobacco levy taxes on tobacco products. LSA-R.S. 47:841 Control, the Secretary of the Department of (2002) imposes a tax and sets the tax rate on Revenue, governing authorities of municipalities tobacco products. or parishes, sheriffs, law enforcement authorities, and citizens have the right to have a permittee cited by the Commissioner of Alcohol and The Collector of Revenue has the legal authority Tobacco Control to show cause why a permit to collect, supervise, and enforce the collection of should not be suspended or revoked. LSA-R.S. all taxes and penalties. LSA-R.S. 47:856 (1932). 26:916 (2006). The Commissioner of Alcohol and Tobacco Control has the legal authority to

54 ► ► In Louisiana, the Commissioner of Alcohol and The Commissioner of Alcohol and Tobacco Tobacco Control has the legal authority to license Control has the legal authority to conduct random tobacco product retailers. LSA-R.S. 26:902 (1997). tobacco compliance checks. LSA-R.S. 26:793 (1999).

The Commissioner of Alcohol and Tobacco ► Control has the authority to enforce licensing The Commissioner of Alcohol and Tobacco requirements of tobacco product retailers. LSA- Control has the legal authority to impose fines to R.S. 26:916 (2006). be paid into the state treasury. LSA-R.S. 26:918 (1997). ► ► The Commissioner of Alcohol and Tobacco Control has the legal authority to revoke licensure The Tobacco Settlement Financing Corporation of tobacco product retailers. LSA-R.S. 26-916 Act is found at LSA-R.S. 39:99.1 et seq. (2001). (2006). The monies received from the MSA are dedicated to the Millennium Trust and to the Louisiana ► Fund. LSA-R.S. 39:99.2 (2001), LA CONST., Art. VII, Sect. 10.8 and 10.9 (2000). The Tobacco Under the Family Smoking Prevention and Settlement Financing Corporation, created as a Tobacco Control Act, the Food and Drug separate entity from Louisiana, has the power to Administration has wide-ranging authority to purchase the tobacco assets and receive the MSA regulate tobacco product marketing and to restrict payments and issue bonds. LSA-R.S. 39:99.1 et tobacco advertising and promotion in the interest seq. (2001). of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette www.legis.state.la.us/lss/tsrssearch.htm advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. The provisions of the Prevention of Youth Access to Tobacco Law supersede existing or subsequently adopted local ordinances or regulations which relate to the sale, promotion, or distribution of tobacco products. LSA-R.S. 14:91.8 (B) (1997).

55 MAINE

► M.R.S.A. § 1555-B (2005). No cigarettes may be sold in smaller quantities than placed in the package by the manufacturer. All cigarettes sold at Restrictions on smoking in public places are found retail must be in packages of no fewer than 20 at 22 M.R.S.A. §§ 1541 et seq. (2007). Restrictions cigarettes. 22 M.R.S.A. § 1554-A (2003). on smoking in places of employment are found at 22 M.R.S.A. § 1580-A (2005). The municipalities and State Legislature have the legal authority to ► restrict smoking in public places such as bars, Self-service tobacco displays are banned except restaurants, workplaces, etc. tobacco specialty stores or other locations minors are prohibited or for the sale of tobacco products in multi-unit packages of 10 or more. 22 M.R.S.A. The Maine Center for Disease Control and § 1555-B(11) (2005). Municipalities and the State Prevention has the authority to enforce the Legislature have the legal authority to ban self- restrictions on smoking in public places. 22 service tobacco displays. 22 M.R.S.A. § 1555-B M.R.S.A. § 1548 (2005). The Maine Center for (2005). Disease Control and Prevention has the authority to enforce the restrictions on smoking in places of ► employment. 22 M.R.S.A. § 1580-A (4) (2005). The Attorney General enforces both smoking in The State Legislature has the legal authority to public and workplaces on behalf of the Maine restrict Internet sales. The restrictions on Internet Center for Disease Control and Prevention. sales are found at 22 M.R.S.A. §§ 1555-C & 1555- D (2003). ► ► Restrictions on tobacco product sales through The State Legislature has the legal authority to vending machines are found at 22 M.R.S.A. § levy taxes on tobacco products. 36 M.R.S.A. § 1553-A (1997). A retail tobacco license is required 4365 (2005) imposes a tax and sets the tax rate on to sell tobacco products through vending cigarettes. 36 M.R.S.A. § 4403 (2005) imposes a machines. 22 M.R.S.A. § 1551-A (1995). In Maine, tax and sets the tax rate on other tobacco municipalities and the State Legislature have the products. legal authority to restrict the sale of tobacco products through cigarette vending machines. 22 M.R.S.A. § 1556 (1997). The State Tax Assessor has the authority to enforce tax levies on tobacco products. 36 M.R.S.A. § 4379 (1997). Law enforcement officers and individuals hired by contract with the Department of Health and ► Human Services have the authority to enforce The Department of Health and Human Services compliance with restrictions on vending machine has the legal authority to license tobacco product sales of tobacco products. 22 M.R.S.A. § 1556-A retailers. 22 M.R.S.A. § 1551-A (1995). (2007). Municipalities may enact licensing ordinances or regulations that are more restrictive than the ► state's. 22 M.R.S.A. § 1556 (1997).

Municipalities and the State Legislature have the legal authority to ban free tobacco samples and single cigarette sales. 22 M.R.S.A. § 1556 (1997). Free tobacco samples to minors are prohibited. 22

56 ► The Department of Health and Human Services The Department of Health and Human Services with the cooperation of all law enforcement and local law enforcement agencies have the legal officers has the authority to enforce licensing authority to conduct random tobacco compliance requirements of tobacco product retailers. 22 checks. The Department of Health and Human M.R.S.A. § 1551-A (1995). Services in cooperation with the Attorney General's office enforces random tobacco ► compliance checks.

The District Court has the legal authority to ► revoke licensure of tobacco product retailers. 22 The District Court collects the money from M.R.S.A. § 1557 (1999). penalties for tobacco control violations by other than licensed retailers or their employees and ► distributes 50% of the funds to the Maine Criminal Justice Academy and 50% to the state's General Fund. 22 M.R.S.A. § 1555-B (9) (2005). Under the Family Smoking Prevention and The District Court collects the money from Tobacco Control Act, the Food and Drug penalties for violations by licensed retailers and Administration has wide-ranging authority to employees of licensed retailers and distributes regulate tobacco product marketing and to restrict 50% to the Department of Health and Human tobacco advertising and promotion in the interest Services to defray the administrative costs of retail of public health. H.R. 1256 (2009). The new tobacco licensing and 50% to the Attorney legislation allows states to restrict the location, General to support enforcement and responsible color, size, number and placement of cigarette retailing education programs. 22 M.R.S.A § 1558 advertisements and leaves unchanged local and (8)(A) (2005). state government power to regulate smokeless tobacco or other tobacco products. ► ► The State Legislature allocates the distribution of the tobacco settlement money. 22 M.R.S.A. § 1511 The State Legislature has the legal authority to (2007). criminalize the possession or purchase of tobacco products by minors. In Maine, it is a civil violation for a minor to purchase, possess, or use cigarettes, http://janus.state.me.us/legis/statutes/ cigarette papers, and any tobacco products. 22 M.R.S.A. § 1555-B (2005).

Law enforcement officers and individuals contracted by the Department of Health and Human Services have the authority to enforce the prohibition of the possession or purchase of tobacco products by minors. 22 M.R.S.A. § 1556- A (2007).

57 MARYLAND

► The State Comptroller has the legal authority to enforce the ban on single cigarette sales. MD County boards of health, local governments Code, Commercial Law, § 11-5A-03 (2000). The (county councils or county commissioners) of Baltimore City and Prince George’s County health Code Home Rule counties, municipal departments have the authority to enforce their corporations, the Division of Labor and Industry, local laws prohibiting the sale of single cigarettes. the State Legislature, and the Governor (on State Similarly, the Baltimore City and Howard County property) have the legal authority to restrict health departments have the authority to enforce smoking in public places. MD Code, Regulations, their local laws prohibiting the distribution of free § 9.12.23, et seq. (1994); MD Code, Business tobacco samples. Regulation, § 2-105 (2007); MD Code, Health- General, § 3-202 (1982); MD Code, Art. 23A, § 2 (2004); MD Code, Art. 25A, § 5 (2001), and MD ► Code, Art. 25B, § 13 (2005). The Clean Indoor Air Local governments (county councils or county Act of 2007 restricts smoking in restaurants, bars, commissioners) of Code Home Rule counties and and workplaces. MD Code, Health-General, § 24- the State Legislature have the legal authority to 501, et seq. (2007). The code explicitly states that ban self-service tobacco displays. MD Code, Art. state law does not preempt county or municipal 25A, § 5 (2001). There is no state-wide ban on governments from enacting more stringent self-service tobacco displays to date. Self-service tobacco control ordinances. MD Code, Health- tobacco displays are prohibited in 10 local General, § 24-510 (2007). jurisdictions: Baltimore City, Carroll County, Charles County, Garrett County, Howard County, ► Kent County, Montgomery County, Prince George’s County, Talbot County, and Wicomico County. MD Code, Art. 24, § 15-102 (2005); The State Legislature has the legal authority to Baltimore City Code, Health § 12-401, et seq.; restrict the sale of tobacco products through Charles County Code, § 127-1 to 6; Howard cigarette vending machines. Restrictions on County Code, § 12.1200 et seq.; Kent County tobacco product sales through vending machines Code, § 156-3; Montgomery County Code, § 24- are found at MD Code, Business Regulation, §§ 9D; Prince George’s County Code, § 12-203; 16-3A-01 et seq. (2000). Talbot County Code, § 159-12 to 15; Wicomico County Code, § 135-9 to 12. ► ► The State Legislature has the legal authority to ban free tobacco samples and single cigarette sales. The State Legislature has the legal authority to While there is no statewide ban on free tobacco restrict Internet sales and has passed such a samples, Baltimore City and Howard County have prohibition. Cigarette retailers are prohibited from passed outright prohibitions on the free selling or shipping directly to a consumer distribution of tobacco products. Baltimore City cigarettes ordered via phone, mail, or other Code, Health § 12-301 et seq; Howard County electronic media. A licensed retailer or his Code, § 12.1400 et seq. State law requires employee may personally deliver up to two cigarettes be sold in packages of no fewer than 20. cartons of cigarettes. MD Code, Bus. Reg. §§ 16- MD Code, Commercial Law, § 11-5A-02 (2000). 222 (1999) & 16-223 (2005). Baltimore City and Prince George’s County have also passed local law prohibiting the sale of ► cigarettes in packages with fewer than 20. The State Legislature has the legal authority to Baltimore City Code, Health § 12-201 et seq; levy taxes on cigarettes and other tobacco Prince George’s County Code, § 12-204.

58 products. MD Code, Tax-General, § 12-105 state government power to regulate smokeless (2007) sets the tax rate for cigarettes and other tobacco or other tobacco products. tobacco products. Counties, municipal corporations, special taxing districts, or other In Maryland, Baltimore City has prohibited political subdivisions of the state are prohibited cigarette advertising in any publicly visible location from imposing a tax on cigarettes but not other except for certain specific exemptions. Baltimore tobacco products. MD Code, Tax-General, § 12- City Code, Zoning § 12-208. While this law has 102 (2004). not been challenged and remains part of the City Code, the legality of this law has been called into question by subsequent Supreme Court decisions. The State Comptroller has the authority to enforce tax levies on tobacco products. MD Code, ► Tax-General, § 12-306 (1999). The State Legislature has the legal authority to ► criminalize and has criminalized the sale of Every cigarette retailer (including cigarette vending tobacco to minors. MD Code, Criminal Law, § 10- machine operators) is required to have a state and 108 (2003). Five local jurisdictions have also county license for each location where cigarettes passed local civil laws prohibiting the sale of are being sold. MD Code, Business Regulation, §§ tobacco products to minors: Baltimore City, 16-202 (1997), 16-301 (1992), 16-308 (1992). The Howard County, Kent County, Montgomery Clerk of the Circuit Court for the county with County, and Prince George’s County. Baltimore appropriate jurisdiction has the legal responsibility City Code, Health § 12-501 et seq., Howard to issue the appropriate tobacco licenses to County Code, § 12.1300 et seq., Kent County retailers who apply and meet the statutory Code, 156-2, Montgomery County Code, 24-9C, requirements. MD Code, Business Regulation, § Prince George’s County Code, 12-202. 16-205 (1994). The State Comptroller has the legal authority over the various cigarette licenses that may be issued. There is no license requirement for Only a licensed police officer has the authority to retailers selling non-cigarette tobacco products. enforce the state law prohibiting the sale of tobacco products to minors. Either the local ► health department or the local board of license commissioners has been authorized to enforce the The State Comptroller has the legal authority to local civil laws prohibiting the sale of tobacco to suspend or revoke licensure of tobacco product minors in their respective counties. retailers. MD Code, Business Regulation, § 16-210 (2009). ► The Maryland Department of Health and Mental ► Hygiene's Alcohol and Drug Abuse Administration Tobacco Retailer Compliance Under the Family Smoking Prevention and Division conducts annual, random, and Tobacco Control Act, the Food and Drug unannounced compliance inspections. These Administration has wide-ranging authority to inspections are in addition to, and independent of, regulate tobacco product marketing and to restrict local tobacco sales inspections conducted at the tobacco advertising and promotion in the interest discretion of the counties. of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, ► color, size, number and placement of cigarette The Maryland Department of Health and Mental advertisements and leaves unchanged local and Hygiene collects all fines for penalties collected

59 under MD Code, Health-General, § 24-501 et seq. (2007). Monies collected are deposited into the Cigarette Restitution Fund established under State Finance and Procurement Article § 7-317. MD Code, Health-General, § 24-508(f) (2007).

►

In Maryland, the State Legislature and the Governor are involved in the decision-making process for the distribution of the tobacco settlement money. MD Code, Health-General, §§ 13-1001 et seq. (2004); MD Code, State Fin. & Procurement § 7-317 (2007). By statute, the Governor is required to budget at least $7 million annually for the Tobacco Use Prevention and Cessation Program, though this amount may be reduced by the General Assembly. MD Code, Health-General, § 13-1015 (2009). http://mlis.state.md.us/

60 MASSACHUSETTS

► ►

Section 31 of Chapter 111 of Mass. General Laws The State Legislature and the Attorney General provides broad authority for local boards of health (Consumer Protection Regulations), local boards to pass and enforce reasonable health regulations. of health, town meetings, and city councils have Tobacco-related regulations have been upheld by the legal authority to ban free tobacco samples. the Supreme Judicial Court. MA GEN. LAWS ANN. Ch. 94, § 307A; 940 CMR 21.04(1)(b), 22.06(1)(b); and G. L. Ch. 111, The Home Rule Amendment to the Mass. §31, Home Rule Amendment. Constitution authorizes cities and towns to pass ordinances and bylaws relative to health, safety, and welfare. Local laws that address tobacco sales The Attorney General and local boards of health and use have been upheld by the Supreme Judicial have the authority to enforce bans on free tobacco Court. samples and single cigarette sales.

The State Legislature, local boards of health, town ► meetings, and city councils have the legal authority The Attorney General (tobacco sales regulations), to restrict smoking in public places such as bars, local boards of health, town meetings, and city restaurants, workplaces, etc. MA GEN. LAWS councils have the legal authority to ban self- ANN. Ch. 270, § 22 (2008); MA GEN. LAWS service tobacco displays. 940 CMR 21.04(s), ANN. Ch. 111, § 31 (1992). 22.06(2); Ch. 111 sec. 31, Home Rule Amendment. Local boards of health, the department of public health, the local inspection department of its The Attorney General, local health agents, or equivalent, a municipal government or its agent, others authorized by the board of health or and the alcoholic beverages control commission municipality have the authority to enforce bans on are the primary enforcing agents. MA GEN. self-service tobacco displays. LAWS ANN. Ch. 270, § 22 (m)(1) (2004). Others authorized by board of health or municipality to ► enforce its regulations may enforce local laws on smoking in public places. The State Legislature has the legal authority to restrict Internet sales of tobacco. Currently no ► such legislation exists; however, it is pending. Federal law requires that Internet tobacco retailers The Attorney General (tobacco sales regulations), who wish to sell their cigarettes in Massachusetts local boards of health, town meetings, and city file with the Massachusetts Department of councils have the legal authority to restrict the sale Revenue. of tobacco products through cigarette vending machines. 940 CMR 21.04(4), 22.06 (4), and MA ► GEN. LAWS ANN. Ch. 111, § 31. The State Legislature has the legal authority to levy taxes on tobacco products. MA GEN. LAWS ANN. Ch. 64c, §§ 6 (2008); 7B (2008); 7C (1996). The Attorney General, local boards of health, or others authorized by the board of health or municipality have the authority to enforce bans on The Department of Revenue has the authority to tobacco product sales via vending machines. enforce tax levies on tobacco products.

61 ► The Department of Revenue, local boards of The local District Attorney’s Office, through local health, town meetings, and city councils have the police departments, and boards of health have the legal authority to license tobacco product retailers. authority to enforce the criminalization of minors MA GEN. LAWS ANN. Ch. 62C § 67 (2009); for possession or purchase of tobacco products. 64C, § 10 (1976); G.L. Ch. 111, §31, Home Rule Amendment. ► Local boards of health, the Attorney General, and the police have the legal authority to conduct The Department of Revenue, local boards of random tobacco compliance checks. 940 CMR § health, town meetings, and city councils have the 21.04. authority to enforce licensing requirements of tobacco product retailers. ► Local boards of health collect the money from ► penalties for tobacco control violations and deposit this money into the General Fund of that The Department of Revenue has the legal specific municipality, unless there is a local law authority to revoke licensure of tobacco product that permits the local board of health to retain the retailers. Local boards of health have the legal funds. authority to suspend and/or revoke a local tobacco sales permit. ►

The State Legislature has the authority for the Local boards of health have the authority to distribution of the tobacco settlement money. enforce decisions made to revoke a tobacco products retailer's license General Laws of Massachusetts: ► www.state.ma.us/legis/laws/mgl/index.hm

Under the Family Smoking Prevention and Code of Massachusetts: Tobacco Control Act, the Food and Drug www.lawlib.state.ma.us/cmr.html Administration has wide-ranging authority to regulate tobacco product marketing and to restrict Cigarette and Tobacco Tax Information: tobacco advertising and promotion in the interest www.dor.state.ma.us/cigarette/cigarette.htm of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature, local boards of health, town meetings, and city councils have has the legal authority to criminalize the possession or purchase whereas the states AGs can enforce and file suit. of tobacco products by minors

62 MICHIGAN

► exception of retailers at tobacco specialty stores, a person who sells tobacco products at retail shall not sell a cigarette separately from its package. MI The Michigan Clean Air Act is found at MI COMP. LAWS ANN. § 722.642a (1992). COMP. LAWS ANN. §§ 333.12601, et seq. (1993). In Michigan, local government and the State Legislature have the legal authority to restrict ► smoking in public places other than restaurants. Self-service tobacco displays have not been Smoking in food service establishments is banned to date. The State Legislature has the legal restricted by MI COMP. LAWS ANN. § authority to ban self-service tobacco displays. 333.12905 (1993). Counties, cities, villages, and townships may not regulate smoking in food ► service establishments. MI COMP. LAWS ANN. § 333.12915 (1983). The State Legislature has the legal authority to restrict Internet sales. Restrictions on Internet sales are found at MI COMP. LAWS ANN. §§ The State Department of Community Health has 205.428 (2008) & 205.431 (2004). the authority to enforce restrictions on smoking in public places and may authorize a local health ► department to enforce restrictions on smoking in The Michigan Tobacco Products Tax Act is found public places. MI COMP. LAWS ANN. § at MI COMP. LAWS ANN. §§ 205.421, et seq. 333.12613 (1988). (1993). In Michigan, the State Legislature has the legal authority to levy taxes on tobacco products. ►

Tobacco product sales through vending machines The Revenue Commissioner has the legal are restricted by MI COMP. LAWS ANN. § authority to administer the Tobacco Products Tax 750.470 (1998). In Michigan, the State Legislature Act. The Commissioner may appoint any revenue has the legal authority to restrict the sale of division employee as a special investigator who tobacco products through cigarette vending has the power to arrest a person violating this act. machines. Cities, villages, and townships may MI COMP. LAWS ANN. § 205.433 (1995). enact ordinances to prohibit the placement of cigarette vending machines within their respective ► borders. Op.Atty.Gen.1990, No. 6665, p. 401, The State Legislature has the legal authority to 1990 WL 525942. license tobacco product retailers but has not done so to date. In Michigan, manufacturers, wholesalers, and vending machine operators must Local health departments have the authority to be licensed to sell tobacco products. MI COMP. enforce bans on tobacco product sales via vending LAWS ANN. § 205.423 (1997). Beginning March machines. MI COMP. LAWS ANN. § 750.470 15, 1994, cities, townships, villages, counties, other (1998). local units of government, or political subdivisions of Michigan are prohibited from imposing any ► new restrictions or prohibitions pertaining to the licensure of tobacco products for distribution The State Legislature has the legal authority to ban purposes. Any requirements or prohibitions free tobacco samples and single cigarette sales. existing prior to March 15, 1994 are not Free tobacco product samples to any person invalidated. MI COMP. LAWS ANN. § 205.434 under the age of 18 are prohibited. MI COMP. (1993). LAWS ANN. § 722.641 (2006). With the

63 ► Local and state law enforcement has the authority The Department of Treasury has the legal to enforce the criminalization of minors for authority to revoke licensure of tobacco product possession or purchase of tobacco products. manufacturers, wholesalers, and vending machine operators. MI COMP. LAWS ANN. § 205.425 ► (1997). Local and state law enforcement and FDA commissioned officers have the legal authority to ► conduct random tobacco compliance checks.

Under the Family Smoking Prevention and ► Tobacco Control Act, the Food and Drug The State Legislature has the legal authority to Administration has wide-ranging authority to control and distribute money collected from tobacco control violations. regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new ► legislation allows states to restrict the location, color, size, number and placement of cigarette The 21st Century Jobs Trust Fund was established advertisements and leaves unchanged local and in the Department of Treasury. This fund consists state government power to regulate smokeless of donations and the net proceeds of the sale of tobacco or other tobacco products. tobacco settlement revenues to the tobacco settlement finance authority. The state treasurer Lorrillard Tobacco Co., et al v. Thomas F. Reilly, shall direct the investment of the fund. MI Attorney General of Massachusetts, et al., 533 COMP. LAWS ANN. § 12.257 (2009). The U.S. 525, 121 S.Ct. 2404 (2001). Local units of Michigan Merit Award Trust Fund was established government and the State Legislature have the in the Department of Treasury. Tobacco legal authority to restrict the advertising of other settlement revenue not sold to the Tobacco tobacco products. In Michigan, only outdoor sign Settlement authority is allocated to this fund. The advertisements for smokeless tobacco are state treasurer directs the investment of the fund. restricted. MI COMP. LAWS ANN. § 750.42a MI COMP. LAWS ANN. § 12.259 (2005). Upon (1988). Ordinances, regulations, or other laws appropriation, the state treasurer disburses these enacted by a local unit of government shall not funds for educational purposes. MI COMP. require a warning statement, format, or type style LAWS ANN. § 12.260 (2005). other than those required by § 750.42a.

► www.lib.umich.edu/govdocs/michlaw

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. MI COMP. LAWS ANN. §§ 722.641 & 722.642 (2006). Cities, villages, and townships may enact ordinances to prevent the sale of tobacco products to minors. Op.Atty.Gen.1990, No. 6665, p. 401, 1990 WL 525942.

64 MINNESOTA

► ►

The Minnesota Clean Indoor Air Act is found at The State Legislature has the legal authority to MN ST §§ 144.411, et seq. (2007). In 2007, restrict Internet sales. Restrictions on Internet Minnesota amended the Clean Indoor Air Act to sales are found at MN ST § 325F.781 (2005). restrict smoking in all workplaces, restaurants, and These restrictions include age verification bars. The State Legislature and local government requirements and delivery requirements. have the legal authority to restrict smoking in public places. MN ST § 144.417 (2007), Minn. Op. Atty. Gen. 62B, 2000 WL 641081 (Minn.A.G.). The Attorney General has the legal authority to enforce the restrictions on Internet sales of ► tobacco products. MN ST § 325F.781 (2005).

The State Legislature and local government have ► the legal authority to restrict the sale of tobacco The State Legislature has the legal authority to products through cigarette vending machines. MN levy taxes on tobacco products. In Minnesota, the ST § 461.19 (1997). Tobacco product vending Cigarette and Tobacco Taxes Act is found at MN machines are prohibited except in facilities that ST §§ 297F.01 et seq. (2008). In addition, a cannot be entered at any time by persons younger tobacco health impact fee is imposed and than 18 years of age. MN ST § 461.18 (1997). collected from distributors to recover state health costs related to tobacco use and to reduce tobacco use. MN ST § 256.9658 (2005). ►

The State Legislature has the legal authority to ban The State Commissioner of Revenue has the legal free tobacco samples and single cigarette sales. In authority to enforce tax levies on tobacco Minnesota, free tobacco samples are banned products. MN ST § 297F.02 (2005). except that single serving samples of tobacco may be distributed in tobacco stores. MN ST § 325F.77 ► (1987). There is no outright ban on single cigarette The State Legislature, county boards, town sales but it is unlawful for any person to sell any boards, and governing boards of home rule cigarettes the package of which does not comply charter or statutory cities have the legal authority with all requirements imposed by federal law. MN to license tobacco product retailers. MN ST § ST § 325D.421 (2000). 461.12 (2001). The Regulation of Cigarette Licenses statute is found at MN ST §§ 461.12, et seq. (2001). Local ordinances that provide for The Attorney General has the legal authority to more restrictive regulation are not preempted. enforce the ban on free tobacco samples. MN ST MN ST § 461.19 (1997). Distributors, but not § 325F.78 (1986). retailers, must obtain a license from the state Commissioner of Revenue to sell tobacco ► products. MN ST § 297F.03 (1997). The State Legislature and local government have the legal authority to ban self-service tobacco ► displays. MN ST § 461.19 (1997). Self-service displays of single packages of cigarettes and smokeless tobacco which are accessible to the County boards, town boards, and governing public without the intervention of a store boards of home rule charter or statutory cities employee are prohibited. MN ST § 461.18 (1997). have the legal authority to suspend licensure of tobacco product retailers. MN ST § 461.12 (2001).

65 ►

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. Local ordinances may provide may provide alternative remedies for minors convicted of these violations. MN ST § 609.685 (2000).

► The local licensing authority has the legal authority and is legally required to conduct random tobacco compliance checks. MN ST § 461.12 (2001).

► The State Legislature has the legal authority to collect and distribute money collected from tobacco control violations.

►

The State Health Department and the State Legislature are involved in the decision-making process for the distribution of the tobacco settlement money. MN ST § 144.396 (2008). www.leg.state.mn.us/leg/statutes.htm

66 MISSISSIPPI

► ► The State Legislature has the legal authority to ban The State Legislature and local government have self-service tobacco displays but has not done so the legal authority to restrict smoking in public to date. places such as bars, restaurants, workplaces, etc. Smoking is prohibited in state office buildings ► except in designated smoking areas. MS ST § 29- 5-161 (2007). This section preempts to the state The State Legislature has the legal authority to the regulation of smoking in state office buildings restrict Internet sales but has not done so to date. and supersedes any municipal or county ordinance. MS ST § 29-5-161(5) (2007). Use of ► tobacco products on any educational property is The State Legislature has the legal authority to prohibited. MS ST § 97-32-29 (2000). levy taxes on tobacco products. The Tobacco Tax Law is found at MS ST §§ 27-69-1 et seq. (1934). ► The tax set on tobacco products is found at MS ST § 27-69-13(a) (2009). The State Legislature has the legal authority to restrict the sale of tobacco products through cigarette vending machines. In Mississippi, The Chairman of the State Tax Commission and tobacco products cannot be sold through a his/her authorized agents and employees have the vending machine unless the vending machine is legal authority to enforce the payment of taxes. located in a place where any person under the age MS ST § 27-69-65 (1934). It is the duty of the of 18 is denied access or is required to be peace officers of the state, counties, municipalities, accompanied by an adult. MS ST § 97-32-15 and county districts to assist in the enforcement of (1997). The provisions of MS ST § 97-32-15 the tax law. MS ST § 27-69-67 (1936). supersede any existing or subsequently enacted local law, ordinance, or regulation. MS ST § 97-32- ► 2 (1998). The State Legislature has the legal authority to license tobacco product retailers. Retailers must ► obtain a license to sell cigarettes. A separate license is required for each place of business. MS The State Legislature has the legal authority to ban ST § 75-23-27 (1954). A permit to sell tobacco free tobacco samples and single cigarette sales. must be obtained for each place of business Any existing or subsequently enacted local law, owned or operated by a retailer. MS ST § 27-69-5 ordinance, or regulation relating to the sale, (1998). promotion, and distribution of tobacco products is preempted. MS ST § 97-32-2 (1998). The The State Tax Commission has the authority to distribution of free tobacco samples to individuals enforce license requirements of tobacco product under the age of 18 is prohibited. MS ST § 97-32- retailers. 5 (1997). Cigarettes can only be sold in an unopened package originating with the manufacturer that bears the required health ► warning and complies with all requirements of federal law. MS ST § 97-32-17 (1997) and MS ST § The Chairman of the State Tax Commission has 75-23-33 (2000). the legal authority to revoke permits of tobacco product retailers. MS ST § 27-69-9 (2005).

67 ► Health Care Expendable Fund was created by MS ST § 43-13-407 (2009) to receive money transferred from the Health Care Trust Fund. Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug Administration has wide-ranging authority to www.mscode.com/free/statutes/toc.htm regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. The Mississippi Juvenile Tobacco Access Prevention Act of 1997 is found at MS ST §§ 97-32-1 et seq. (1997). The provisions of this act supersede any existing or subsequently enacted local law, ordinance, or regulation relating to the sale, promotion, and distribution of tobacco and tobacco products. MS ST § 97-32-2 (1998).

► The Office of Attorney General and local law enforcement agencies have the legal authority to enforce random tobacco compliance checks. MS ST § 97-32-21 (1997).

► The State Legislature controls and distributes the money collected from penalties for tobacco control violations.

►

The State Legislature is involved in the decision making process for the distribution of the tobacco settlement money. The Health Care Trust Fund was created by MS ST § 43-13-407 (2009) to receive the annual settlement payments. The

68 MISSOURI

► clerk or attendant from the checkout counter. MO REV. STAT. § 407.928 (2001). The Indoor Clean Air Act is found at MO REV. STAT. §§ 191.765 et seq. (1992). The State The Division of Liquor Control within the Legislature, local political subdivisions, and local Department of Public Safety has the legal boards of education have the legal authority to authority to enforce the restrictions on self-service restrict smoking in public places such as bars, tobacco displays. MO REV. STAT. § 407.924 restaurants, workplaces, etc. MO REV. STAT. § (2001). 191.777 (1992). ► ► The State Legislature and local political Tobacco product sales through vending machines subdivisions have the legal authority to regulate are restricted by MO REV. STAT. §§ 407.927 & Internet sales of tobacco products. MO REV. 407.931 (2001). In Missouri, the State Legislature STAT. 407.932 (2001). In Missouri, the sale of and local political subdivisions have the legal tobacco products to minors through the Internet authority to restrict the sale of tobacco products is prohibited. MO STAT. REV. § 407.926 (2001). through cigarette vending machines. MO REV. STAT. § 407.932 (1992). ► The State Legislature has the legal authority to The Division of Liquor Control within the levy taxes on tobacco products. The State Department of Public Safety has the legal Legislature preempts the entire field of legislation authority to enforce the restrictions on tobacco increasing the taxation of cigarettes and other product sales through vending machines. MO tobacco products. No local political subdivision REV. STAT. § 407.924 (2001). may adopt any order, ordinance, or regulation increasing the tax levied on cigarettes and other tobacco products. MO REV. STAT. § 149.192 ► (1993). MO REV. STAT. § 149.015 (2005) imposes a tax and sets the tax rate on cigarettes. The State Legislature and local political MO REV. STAT. § 149.160 (1993) imposes a tax subdivisions have the legal authority to ban free and sets the tax rate on other tobacco products. tobacco samples and single cigarette sales. MO REV. STAT. § 407.932 (1992). There is no ► statewide ban on free tobacco samples; however, The Department of Revenue has the legal free tobacco samples to minors are prohibited. authority to license tobacco product retailers. MO MO REV. STAT. § 407.931 (2001). The sale of REV. STAT. § 407.934 (2001). single cigarettes is prohibited. MO REV. STAT. § 407.931 (2001). ► ► The State Legislature and local political The Division of Liquor Control within the subdivisions have the legal authority to ban self- Department of Public Safety has the legal service tobacco displays. MO REV. STAT. § authority to suspend licensure of tobacco product 407.932 (1992). No person may sell individual retailers. MO REV. STAT. 407.931 (2001). There packs of cigarettes or smokeless tobacco products are no laws regarding revocation of retailer’s unless it is displayed behind the checkout counter license to date. or it is in the unobstructed line of sight of the

69 ►

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. MO REV. STAT. § 407.932 (1992). The purchase or possession of tobacco products by a person less than 18 years of age is prohibited unless such possession is in the course of employment. MO REV. STAT. § 407.932 (1992).

► The Division of Liquor Control and local law enforcement have the legal authority to conduct random tobacco compliance checks. MO REV. STAT. § 407.934 (2001).

► The State Legislature controls and distributes the money collected from penalties for tobacco control violations.

►

The State Legislature is involved in the decision making process for the distribution of the tobacco settlement money. The Tobacco Settlement Financing Authority Act is found at MO REV. STAT. §§ 8.500 et seq. (2002). www.moga.state.mo.us/homestat.htm

70 MONTANA

The Department of Public Health and Human The Attorney General, a designee of the Attorney Services and local boards of health have the legal General, or any person who holds a permit under authority to enforce the provisions of the Clean 26 U.S.C. 5713 has the legal authority to enforce Indoor Air Act. MT ST § 50-40-108 (2005). the restrictions on Internet sales. MT ST § 16-11- 129 (2005). ► ► The State Legislature and the Department of The State Legislature has the legal authority to Revenue have the legal authority to restrict the levy taxes on tobacco products. MT ST § 16-11- sale of tobacco products through cigarette 111 (2005) imposes a tax and sets the tax rate on vending machines. MT ST § 16-11-312 (1993). tobacco products. Restrictions on tobacco product sales through vending machines are found at MT ST § 16-11- 306 (1997). A local government may not adopt The Department of Revenue and the Department ordinances and regulations more stringent than of Justice have the authority to enforce tax levies these restrictions. MT ST § 16-11-311 (1993). on tobacco products. MT ST §§ 16-11-103 (2005) & 16-11-141 (2005). The Department of Justice ► may call to its assistance any county attorney or any peace officer to assist in enforcement. MT ST 16-11-142 (2005). The State Legislature has the legal authority to ban free tobacco samples and single cigarette sales. Local governments are preempted from enacting ► stricter ordinances. MT ST § 16-11-311 (1993). The Department of Revenue has the legal There is no outright ban on tobacco samples but authority to license tobacco product retailers. MT free tobacco samples to minors are prohibited. ST §§ 16-11-303 (1993) & 16-11-120 (2005). Local MT ST 16-11-305 (1993). Single cigarettes may governments are preempted from enacting stricter not be sold. MT ST 16-11-307 (2001). ordinances. MT ST 16-11-311 (1993).

The Department of Revenue has the authority to The Department of Revenue and the Department enforce bans on free tobacco samples and single of Justice has the authority to enforce licensing cigarette sales. MT ST § 16-11-308 (2001). requirements of tobacco product retailers. MT ST 16-11-103 (2005).

71 ► http://leg.mt.gov/css/Laws%20and%20Constitut The Department of Revenue has the legal ion/Current%20Constitution.asp authority to revoke licensure of tobacco product retailers. MT ST § 16-11-144 (2005).

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. MT ST § 45-5-637 (2001).

► The Department of Public Health and Human Services has the legal authority to conduct compliance inspections. MT ST §16-11-309 (1995).

► According to MCA § 42.31.345, the Department of Revenue collects the penalties for tobacco control violations. MT ST § 16-11-308 (2001).

►

Ballot Initiative 146 (2002), approved by voters, designated how the MSA payments would be allocated. The State Legislature retained the authority to override these allocations.

72 NEBRASKA

► ►

Local government and the State Legislature have The State Legislature has the legal authority to the legal authority to restrict smoking in public restrict Internet sales of tobacco products but has places such as bars, restaurants, workplaces, etc. not done so to date. The Nebraska Clean Indoor Act is found at NE ST §§ 71-5716 et seq. (2009). Effective June 1, ► 2009, smoking is prohibited in all workplaces, The State Legislature has the legal authority to restaurants, and bars. NE ST § 71-5729 (2009). levy taxes on tobacco products. NE ST § 77-2602 (2007) imposes a tax and sets the tax rate on cigarettes. NE ST § 77-4008 (2009) imposes a tax Effective June 1, 2009, the Department of Health and sets the tax rate on other tobacco products. and Human Services or the local health department have the authority to enforce restrictions on smoking in public places. NE ST § The Tax Commissioner has the legal authority to 71-5732 (2009). enforce the tax levies on cigarettes and other tobacco products. NE ST §§ 77-2612 (2002) & 77- ► 4023 (1987).

The State Legislature, cities, and villages have the ► legal authority to restrict the sale of tobacco The clerk or finance director of any city or village, products through cigarette vending machines. NE the county clerk, the Tax Commissioner, and the ST § 28-1429.02 (1992). It is unlawful to dispense State Legislature have the legal authority to license tobacco products from vending machines unless tobacco product retailers. NE ST §§ 28-1421 such machine is located in an area which is not (1993) & 77-4009 (1993). open to the general public or in any establishment with a liquor license for consumption on the ► premises when such machine is located in the same room where the liquor is dispensed. NE ST Local court, the Tax Commissioner, and the State § 28-1429.02 (1992). Legislature have the legal authority to revoke licensure of tobacco product retailers. NE ST §§ ► 28-1425 (1975) & 77-4012 (1987).

The State Legislature has the legal authority to ban ► free tobacco samples and single cigarette sales. In Nebraska, free tobacco samples to individuals Under the Family Smoking Prevention and under the age of 18 are prohibited. NE ST § 28- Tobacco Control Act, the Food and Drug 1419 (1975). Free samples of smokeless tobacco Administration has wide-ranging authority to are prohibited. NE ST §§ 69-1901 et seq. (1989). regulate tobacco product marketing and to restrict It is unlawful to sell any cigarettes that do not tobacco advertising and promotion in the interest comply with all packaging requirements imposed of public health. H.R. 1256 (2009). The new by federal law. NE ST § 59-1520 (2001). legislation allows states to restrict the location, color, size, number and placement of cigarette ► advertisements and leaves unchanged local and The State Legislature has the legal authority to ban state government power to regulate smokeless self-service tobacco displays but has not done so tobacco or other tobacco products. to date.

73 ►

The State Legislature has the legal authority to criminalize and has criminalized the use or purchase of tobacco products by minors. NE ST §§ 28-1418 (1975) & 28-1419 (1975).

► The Nebraska Department of Health and Human Services contracts with the Nebraska State Patrol to conduct random, unannounced tobacco compliance checks.

► The State Legislature has the legal authority to control and distribute money received for tobacco control violations.

►

The State Legislature created The Nebraska Settlement Trust Fund which receives any settlement payments received in connection with any tobacco-related litigation except for $2.5 million which shall be credited annually to the Tobacco Prevention and Control Fund. NE ST § 71-7608 (2009). http://uniweb.legislature.ne.gov/QS/laws.html

74 NEVADA

► where a retailer does not assist the customer. NRS § 202.2493 (7) (2007). The State Legislature and local government have the legal authority to restrict smoking in public ► places such as bars, restaurants, workplaces, etc. The Clean Indoor Air Act is found at Title 15, The State Legislature has the legal authority to Chapter 202 of Nevada Revised Statutes as restrict the sale of tobacco products over the amended by Ballot Initiative, Question No. 5. Internet. Restrictions on Internet sales are found NRS §§ 202.2483 et seq. (2006). at NRS § 202.24935 (2007), NRS § 370.323 (2005), and NRS § 370.325 (2005).

The health authorities, police officers of cities or ► towns, sheriffs and their deputies, and other peace The State Legislature has the legal authority to officers, within their respective jurisdictions, levy taxes on tobacco products. NRS § 370.165 enforce the restrictions on smoking in public (2003) imposes a tax and sets the tax rate on places. NRS § 202.249 (2003). cigarettes. NRS § 370.450 (2008) imposes a tax and sets the tax rate on other tobacco products. ► ► The State Legislature has the legal authority to The Department of Taxation has the legal restrict the sale of tobacco products through authority to license tobacco product retailers. NRS cigarette vending machines. Restrictions on § 370.080 (2005). tobacco product sales through vending machines are found at NRS § 202.2494 (2003). ►

The Department of Taxation has the legal Police officers of cities and towns, sheriffs and authority to revoke licensure of tobacco product their deputies, and other peace officers have the retailers. NRS § 370.250 (2005). authority to enforce any restrictions on tobacco product sales through vending machines. NRS § 202.249 (2003). ►

► Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug Administration has wide-ranging authority to The State Legislature has the legal authority to ban regulate tobacco product marketing and to restrict free tobacco samples and single cigarette sales. tobacco advertising and promotion in the interest Free tobacco samples to minors are prohibited. of public health. H.R. 1256 (2009). The new NRS § 202.2493 (2007). Cigarettes shall not be legislation allows states to restrict the location, sold in any form other than in an unopened color, size, number and placement of cigarette package which originated with the manufacturer advertisements and leaves unchanged local and and bears all health warnings required by federal state government power to regulate smokeless law. NRS § 202.2493 (2007). tobacco or other tobacco products.

► The State Legislature has the legal authority to ban self-service tobacco displays. Cigarette self-service displays are prohibited in all retail establishments

75 ►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. Restrictions on the sale of tobacco products to minors are found at NRS §§ 202.2493 et seq. (2007).

► The Attorney General has the legal authority to conduct random tobacco compliance checks. NRS § 202.2496 (1995).

► The State Legislature controls and distributes the money collected from penalties for tobacco control violations. Money recovered as a civil penalty must be deposited in a separate account in the state general fund to be used for enforcement of NRS §§ 202.2493 (2007) & 202.2494 (2003).

►

The State Legislature and the Governor are involved in the decision-making process for the distribution of the tobacco settlement moneyNRS §§ 439.620 et seq. (2007) creates the Fund for a Healthy Nevada which receives 50% of the annual MSA payments. www.leg.state.nv.us/law1.cfm

76 NEW HAMPSHIRE

► ► The State Legislature has the legal authority to ban The State Legislature has the legal authority to self-service tobacco displays but has not done so restrict smoking in public places such as bars, to date. restaurants, workplaces, etc. The Indoor Smoking Act is found at NH ST § 155:64 et seq. (2007). ► This state law preempts local ordinances regarding indoor smoking more stringent than state law. The State Legislature has the legal authority to J.T.R. Colebrook, Inc. v. Town of Colebrook, 149 restrict Internet sales but has not done so to date. N.H. 767, 829 A.2d 1089 (2003). As of 2007, all restaurants and bars in New Hampshire are ► smoke-free. NH ST § 155:66 (2007). The State Legislature has the legal authority to levy taxes on tobacco products. NH ST § 78:7 (2009) imposes a tax and sets the tax rate on The state, county, city, or town police have the cigarettes. NH ST § 78:7-c (2009) imposes a tax legal authority to enforce the Indoor Smoking and sets the tax rate on other tobacco products. Act. NH ST § 155:76 (2008). ► ► The Commissioner of Revenue Administration has the legal authority to license tobacco product The State Legislature has the legal authority to retailers. NH ST § 78:2 (2008). restrict the sale of tobacco products through cigarette vending machines. As of January 1, 2009 ► all restrictions on vending machines were repealed. The Commissioner of Revenue Administration has the legal authority to revoke licensure of ► tobacco product retailers. NH ST § 78:6 (2008).

The State Legislature has the legal authority to ban ► free tobacco samples and single cigarette sales. Free samples of tobacco products to minors are prohibited. NH ST § 126-K:4 (2001). Free Under the Family Smoking Prevention and samples of tobacco products are prohibited except Tobacco Control Act, the Food and Drug in an area to which minors are denied access or in Administration has wide-ranging authority to a store to which a retailer's license has been issued. regulate tobacco product marketing and to restrict NH ST § 126-K:5 (2001). The sale of single tobacco advertising and promotion in the interest cigarettes is prohibited. NH ST § 126-K:8 (2001). of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette The Liquor Commission and local, county, and advertisements and leaves unchanged local and state law enforcement officers have the legal state government power to regulate smokeless authority to enforce the restrictions on free tobacco or other tobacco products. tobacco samples and single cigarette sales. NH ST § 126-K:9 (1997).

77 ►

The State Legislature, and any county, city, town, village, or other subdivision of the state have the legal authority to criminalize the possession or purchase of tobacco products by minors. NH ST § 126-K:14 (1997). The purchase or possession of tobacco products by minors is prohibited. NH ST § 126-K:6 (1997).

► The Liquor Commission and local, county, and state law enforcement officers have the legal authority to conduct random tobacco compliance checks. NH ST § 126-K:9 (1997).

► All fines imposed by any court and collected shall be paid to the state, county, or town which initiated the prosecution. All fines imposed by the Liquor Commission are deposited in the General Fund. NH ST § 126-K:11 (1997).

►

The State Legislature is involved in the decision making process for the distribution of the tobacco settlement money. www.nh.gov/government/laws.html

78 NEW JERSEY

► ► There is no statewide ban on self-service tobacco The New Jersey Smoke-Free Air Act is found at displays to date. The State Legislature and NJSA §§ 26:3D-55 et seq. (2008). The State municipalities have the legal authority to ban self- Legislature and municipal government have the service tobacco displays. NJSA § 40:48-2 (1991). legal authority to restrict smoking in workplaces, and in public places such as bars, restaurants, non- ► gaming casino areas, hotels, schools, common areas of residential buildings, etc. NJSA § 26:3D- The State Legislature has the legal authority to 63 (2008). restrict the Internet sale of tobacco products. Restrictions on Internet sales are found at NJSA § 54:40A-49 (2005). The Department of Health and Senior Services and local boards of health have the authority to ► enforce restrictions on smoking in public places. The State Legislature has the legal authority to NJSA § 26:3D-62 (2008). levy taxes on tobacco products. NJSA § 54:40A-8 (2009) imposes a tax and sets the tax rate on ► cigarettes. NJSA § 54:40B-3 (2006) imposes a tax and sets the tax rate on other tobacco products. The State Legislature and municipalities have the legal authority to restrict the sale of tobacco products through cigarette vending machines. The Director of the Division of Taxation in the NJSA § 2A:170-51.2 (2000). Cigarette vending Department of Treasury has the authority to machines are required to have a sign stating that enforce tax levies on cigarettes and other tobacco "a person who sells or offers to sell a tobacco products. NJSA § 54:40A-20 (1948) and NJSA § product to a person less than 19 years of age shall 54:40B-12 (2001). pay a penalty of up to $1,000 and may be subject to a license suspension or revocation." NJSA § ► 54:40A-4.1 (2005). The Director of the Division of Taxation in the Department of Treasury has the legal authority to license tobacco product retailers. NJSA § 54:40A- The Director of the Division of Taxation in the 3 (1952). Department of Treasury has the authority to enforce restrictions on tobacco product sales through vending machines. NJSA § 54:40A-20 The Director of the Division of Taxation in the (1948). Department of Treasury has the authority to enforce the licensing requirements of tobacco ► product retailers.

The State Legislature has the legal authority to ban ► free tobacco samples and single cigarette sales. Free tobacco samples to a person under the age of The Director of the Division of Taxation in the 19 are prohibited. NJSA § 2A:170-51.4 (2005). Department of Treasury has the legal authority to Single cigarette sales and the sale of cigarettes in revoke licensure of tobacco product retailers. packs of fewer than 20 cigarettes are banned. NJSA § 54:40A-5 (1979). NJSA § 54:40A-4.2 (2004).

79 ► ►

Under the Family Smoking Prevention and The State Legislature and the State Treasurer are Tobacco Control Act, the Food and Drug involved in the decision-making process for the Administration has wide-ranging authority to distribution of the tobacco settlement money. The regulate tobacco product marketing and to restrict Tobacco Settlement Financing Act is found at tobacco advertising and promotion in the interest NJSA §§ 52:18B-1 et seq. (2002). The money has of public health. H.R. 1256 (2009). The new been securitized; therefore, it is no longer being legislation allows states to restrict the location, distributed. color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless http://www.njleg.state.nj.us/ tobacco or other tobacco products. http://www.njgasp.org

Any advertisement from an out-of-state cigarette dealer must state, "Before any person may receive cigarettes in New Jersey by mail or express, a license for that purpose must be obtained from the Division of Taxation, New Jersey Department of the Treasury." NJSA § 54:40A-44 (1950).

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors but has not done so to date. The sale or distribution of cigarettes and other tobacco products to any person under the age of 19 is prohibited. NJSA § 2A:170-51.4 (2005).

► The Commissioner of Health and Senior Services makes grants to local health agencies to conduct random tobacco compliance checks. NJSA § 26:2F-7 (2005). The Commissioner of Health and Senior Services has the authority to enforce random tobacco compliance checks and may delegate this authority to local health agencies. NJSA § 26:3A2-20.1 (2005).

► The penalties paid for tobacco control violations are paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality. NJSA § 2A:170-51.4 (2005).

80 NEW MEXICO

► ► The State Legislature has the legal authority to The Clean Indoor Air Act is found at NM ST §§ restrict the Internet sales of tobacco products but 24-16-1 et seq. (2007). The State Legislature and has not done so to date. local government have the legal authority to restrict smoking in public places such as bars, ► restaurants, workplaces, etc. NM ST §§ 24-16-2 The State Legislature has the legal authority to (1985) & 24-16-20 (2007). The State Board of levy taxes on tobacco products. NM ST § 7-12-3 Education and local school boards have the legal (2007) imposes a tax and sets the tax rate on authority to ban smoking on public school cigarettes. NM ST § 7-12A-3 (2009) imposes and campuses. Op.Atty.Gen. Opinion No. 94-03 (June sets the tax rate on other tobacco products. 22, 1994), 1994 WL 377685. As of 2007, all restaurants and bars in New Mexico are smoke- ► free. NM ST § 24-16-4 (2007). There are no statewide licensing requirements for tobacco product retailers. The State Legislature, municipalities, and counties have the legal The local fire, police, or sheriff’s department with authority to license tobacco product retailers if appropriate jurisdiction over the location where a they so choose. NM ST § 7-12-9.1 (2009). violation occurs has authority to enforce smoking restrictions. NM ST § 24-16-16 (2007). ► ► The State Legislature, municipalities, and counties would have the legal authority to revoke or The State Legislature, municipalities, and counties suspend licensure of tobacco product retailers. have the legal authority to prohibit the sale of tobacco products through cigarette vending machines. NM ST § 30-49-11 (1993). Restrictions ► on the sale of tobacco products through vending machines are found at NM ST § 30-49-7 (2003). Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug ► Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest The State Legislature, municipalities, and counties of public health. H.R. 1256 (2009). The new has the legal authority to ban free tobacco samples legislation allows states to restrict the location, and single cigarette sales. NM ST § 30-49-11 color, size, number and placement of cigarette (1993). Free samples of tobacco products to advertisements and leaves unchanged local and minors is prohibited. NM ST §§ 30-49-3(A) (1993) state government power to regulate smokeless & 30-49-8 (1993). No cigarettes may be sold in a tobacco or other tobacco products. form other than a factory-sealed package. NM ST

§ 30-49-3(C) (1993). In New Mexico, the State Legislature, municipalities, and counties have the legal ► authority to restrict the advertising of other The State Legislature, municipalities, and counties tobacco products but have not done so to date. have the legal authority to ban self-service tobacco NM ST § 30-49-11 (1993). displays. NM ST § 30-49-11 (1993). In New Mexico, self-service tobacco displays are banned. NM ST § 30-49-7 (2003).

81 ►

The State Legislature, municipalities, and counties have the legal authority to criminalize the possession or purchase of tobacco products by minors. NM ST § 30-49-11 (1993). The sale of tobacco products to minors is prohibited and no minor may procure or attempt to procure any tobacco products for his/her own use or for use by any other minor. NM ST § 30-49-3 (1993).

► The Alcohol and Gaming Division of the Regulation and Licensing Department and appropriate county and municipal law enforcement authorities have the legal authority to conduct random tobacco compliance checks. NM ST § 30-49-10 (1993).

► The State Legislature, municipalities, and counties control and distribute the money collected from penalties for tobacco control violations. NM ST § 30-49-11 (1993).

►

The Tobacco Settlement Revenue Oversight Committee consisting of six members of the State Legislature is involved in the decision-making process for the distribution of the tobacco settlement money. NM ST § 2-19-1 (2000). http://legis.state.nm.us/lcs/

82 NEW YORK

► ►

The State Legislature, counties, cities, towns, and The State Legislature and local government have villages have the legal authority to restrict smoking the legal authority to ban free tobacco samples in public places such as bars, restaurants, and single cigarette sales. Free tobacco samples are workplaces, etc. NY PUB. HEALTH LAW § banned except at private social functions, bars, 1399-r (1989). The Regulation of Smoking in tobacco businesses, and, when distribution is Certain Public Areas is found at NY PUB. confined to areas generally accessible to persons HEALTH LAW §§ 1399-n et seq. (2003). over the age of 18, at conventions, trade shows, factories, and tobacco manufacturer sponsored events. NY PUB. HEALTH LAW § 1399-bb County boards of health or a designated (2003). The sale of cigarettes in packages of fewer enforcement officer in counties with no local than 20 cigarettes is prohibited. NY PUB. board of health have the legal authority to enforce HEALTH LAW § 1399-gg (2004). the restrictions on smoking in public places. If no enforcement officer is designated, the county is deemed to have designated the Department of County boards of health, or a designated Health and Mental Hygiene as its enforcement enforcement officer in counties with no local officer. NY PUB. HEALTH LAW § 1399-t board of health, have the legal authority to enforce (2003). the restrictions on free tobacco samples and single cigarette sales. If no enforcement officer is ► designated, the county is deemed to have designated the Department of Health and Mental Hygiene as its enforcement officer. NY PUB. The State Legislature and local government have HEALTH LAW §§ 1399-ff (2000) & 1399-t the legal authority to restrict tobacco product sales (2003). through vending machines. Vatore v. Commissioner of Consumer Affairs of City of New York, 1994, 83 N.Y.2d645, 612 N.Y.S.2d ► 357, 634 N.E.2d 958. Restrictions on the sale of The State Legislature and local government have tobacco products through vending machines are the legal authority to ban self-service tobacco found at NY PUB. HEALTH LAW § 1399-dd displays. Self-service tobacco displays are (2003). prohibited except for tobacco businesses and places to which admission is restricted to persons 18 years of age or older. NY PUB. HEALTH County boards of health or a designated LAW § 1399-cc (2003). enforcement officer in counties with no local board of health have the legal authority to enforce the restrictions on tobacco product sales through County boards of health, or a designated vending machines. If no enforcement officer is enforcement officer in counties with no local designated, the county is deemed to have board of health, have the legal authority to enforce designated the Department of Health and Mental the restrictions on self-service tobacco displays. If Hygiene as its enforcement officer. NY PUB. no enforcement officer is designated, the county is HEALTH LAW §§ 1399-ff (2000) & 1399-t deemed to have designated the Department of (2003). Health and Mental Hygiene as its enforcement officer. NY PUB. HEALTH LAW § 1399-ff (2000), NY PUB. HEALTH LAW § 1399-t (2003).

83 ► other tobacco products but has not done so to date. The State Legislature has the legal authority to restrict Internet sales of tobacco products. ► Restrictions on the sale of tobacco products over the Internet are found at NY PUB. HEALTH The State Legislature has the enforcement LAW § 1399-ll (2000). authority to criminalize the possession or purchase of tobacco products by minors but has not done ► so to date. Any person operating a place of The State Legislature has the legal authority to business where tobacco products are sold is levy taxes on tobacco products. NY TAX LAW § prohibited from selling such products to 471 (2008) imposes a tax and sets the tax rate on individuals under the age of 18. NY PUB. cigarettes. NY TAX LAW § 471-b (2008) imposes HEALTH LAW § 1399-cc (2003). a tax and sets the tax rate on other tobacco products. ► County boards of health, or a designated ► enforcement officer in counties with no local Tobacco product retailers are not required to be board of health, have the legal authority to licensed but rather must obtain a certificate of conduct random tobacco compliance checks. If registration. The Commissioner of Department of no enforcement officer is designated, the county is Taxation and Finance has the legal authority to deemed to have designated the Department of issue certificates of registration. NY TAX LAW § Health and Mental Hygiene as its enforcement 480-a (2009). officer. NY PUB. HEALTH LAW §§ 1399-hh (1997) & 1399-t (2003). ► ► The Commissioner of the Department of An enforcement officer other than the Department of Health and Mental Hygiene shall Taxation and Finance has the legal authority to use 50% of penalties collected for educational revoke certificates of registration of tobacco product retailers. NY TAX LAW § 480-a (2009). efforts to prevent adolescent tobacco use. NY PUB. HEALTH LAW § 1399-ff (2000). ► ► Under the Family Smoking Prevention and The State Legislature is involved in the decision Tobacco Control Act, the Food and Drug making process for the distribution of the tobacco Administration has wide-ranging authority to settlement money. regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new www.megalaw.com/ny/nycode.php legislation allows states to restrict the location, color, size, number and placement of cigarette http://public.leginfo.state.ny.us/menugetf.cgi advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

In New York, the State Legislature has the enforcement authority to restrict the advertising of

84 NORTH CAROLINA

► ► The State Legislature has the legal authority to ban The State Legislature has the legal authority to self-service tobacco displays but has not done so restrict smoking in public places such as bars, to date. No political subdivisions, boards, or restaurants, workplaces, etc. North Carolina’s agencies of the State nor any county, city, Smoke-free Restaurants and Bars Law became municipality, municipal corporation, town, effective January 2, 2010. S.L. 2009-27. A local township, or village may enact ordinances, rules, government may adopt and enforce ordinances, or regulations regarding the display of tobacco board of health rules, policies restricting and products on or after September 1, 1995. NC ST § prohibiting tobacco use that are more stringent 14-313 (2005). than the state law. S.L. 2009-27 § 130A-498 (2009). As of August 1, 2008, all local boards of ► education in North Carolina are required to prohibit tobacco use by any person in all school The State Legislature has the legal authority to buildings, on school grounds, and at all school- restrict the Internet sale of tobacco products but sponsored events. NC ST § 115C-407 (2007). has not done so to date.

► A local health director may take action to impose The State Legislature has the legal authority to penalties on public places and places of levy taxes on tobacco products. NC ST § 105- employment that fail to comply with the law. S.L. 113.5 (2005) imposes a tax and sets the tax rate on 2009-27 § 130A-499 (2009). cigarettes. NC ST § 105-113.35 (2007) imposes a tax and sets the tax rate on other tobacco ► products.

The State Legislature, political subdivisions, ► boards or agencies of the State, counties, cities, The State Legislature and the Secretary of municipalities, municipal corporations, towns, Revenue has the legal authority to license tobacco townships, and villages have the legal authority to product retailers. Retail dealers of cigarettes are restrict the sale of tobacco products through not required to be licensed. Retail dealers of other vending machines. NC ST § 14-313 (2005). tobacco products are required to obtain a license for each place of business. NC ST § 105-113.36 ► (1991).

The State Legislature has the legal authority to ban ► free tobacco samples and single cigarette sales. No political subdivisions, boards, or agencies of the The Secretary of Revenue has the legal authority State nor any county, city, municipality, municipal to revoke licensure of tobacco product retailers. corporation, town, township or village may enact NC ST § 105-113.4B (1999). ordinances, rules, or regulations regarding the sale or distribution of tobacco products on or after ► September 1, 1995. NC ST § 14-313 (2005). Free tobacco samples to any person under the age of 18 is prohibited. NC ST § 14-313 (2005). There is Under the Family Smoking Prevention and no ban on the sale of single cigarettes to date. Tobacco Control Act, the Food and Drug Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest

85 of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

In North Carolina, the State Legislature has the legal authority to restrict the advertising of other tobacco products. No political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, or village may enact ordinances, rules, or regulations regarding the promotion of tobacco products on or after September 1, 1995. NC ST § 14-313 (2005).

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. NC ST § 14-313(c) (2005).

► The Department of Health and Human Services and local law enforcement have the legal authority to conduct random compliance checks. NC ST § 14-313(d) (2005).

► The State Legislature controls and distributes the money collected from penalties for tobacco sales violations.

►

The State Legislature is involved in the decision making process for the distribution of the tobacco settlement money. www.ncga.state.nc.us/Statutes/Statutes.html

86 NORTH DAKOTA

► statewide ban on self-service tobacco displays to date. The State Legislature, cities, and counties have the legal authority to restrict smoking in public places ► such as bars, restaurants, workplaces, etc. ND ST § 23-12-10.2 (2005). Restrictions on smoking in The State Legislature has the legal authority to public places are found at ND ST §§ 23-12-09 et restrict Internet sales of tobacco products. seq. (2005). Restrictions on the Internet sale of tobacco products are found at ND ST § 51-32-01 (2005). These restrictions include age verification The State Department of Health, the Fire Marshal requirements and delivery requirements. Department, the Office of Management and Budget, Legislative Council, the Department of Human Services, and appropriate law enforcement The Attorney General or any person who holds a agencies have the authority to enforce restrictions permit under 26 U.S.C. 5712 has the legal on smoking in public places. ND ST § 23-12-10.2 authority to enforce the restrictions on the sale of (2005). tobacco products over the Internet. ND ST § 51- 32-08 (2005). ► ► The State Legislature, cities, and counties have the The State Legislature has the legal authority to legal authority to restrict the sale of tobacco levy taxes on tobacco products. ND ST § 57-36- products through cigarette vending machines. ND 06 (1969) imposes an excise tax and sets the tax ST § 12.1-31-03(4) (2007). The sale of tobacco rate on cigarettes. ND ST § 57-36-32 (1993) products through a vending machine to minors is imposes a separate and additional tax on prohibited. ND ST § 12.1-31-03(1) (2007). cigarettes. ND ST § 57-36-25 (2001) imposes an excise tax and sets the tax rate on other tobacco ► products.

The State Legislature has the legal authority to ban The Tax Commissioner and his authorized agents free tobacco samples and single cigarette sales. All have the legal authority to enforce tax levies on cigarettes sold must be in packages containing 20 tobacco products. ND ST § 57-36-18 (1991). The cigarettes or more. ND ST § 57-36-07 (1999). Free Tax Commissioner may call any state's attorney or tobacco samples to minors are prohibited. ND ST peace officer to assist in enforcement. ND ST § § 12.1-31-03(1) (2007). 57-36-19 (1943).

► The Tax Commissioner and his authorized agents The Attorney General has the legal authority to have the legal authority to enforce the restrictions license tobacco product retailers. ND ST § 57-36- on single cigarette sales. ND ST § 57-36-18 02 (1991). (1991). ► ► The State Legislature, cities, and counties have the legal authority to ban self-service tobacco displays. The Attorney General has the legal authority to ND ST § 12.1-31-03(4) (2007). There is no revoke licensure of tobacco product retailers. ND ST § 57-36-04 (1975).

87 ► ►

Under the Family Smoking Prevention and The State Legislature is involved in the decision Tobacco Control Act, the Food and Drug making process for the distribution of the tobacco Administration has wide-ranging authority to settlement money. regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new www.megalaw.com/nd/ndcode.php legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. It is a non-criminal offense for a minor to purchase or possess tobacco products. ND ST § 12.1-31-03(2) (2007). A city or county may adopt stricter ordinances or resolutions regarding the sale of tobacco to minors and the use of tobacco by minors. Any ordinance or resolution regarding the purchase or possession of tobacco by a minor must include a provision stating that any violation is non- criminal. ND ST § 12.1-31-03(4) (2007).

► Any law enforcement authority has the legal authority to conduct random tobacco compliance checks. A state agency, city, county, board of health, tobacco retailer, or association of tobacco retailers may also conduct compliance checks after coordination with the appropriate law enforcement authority. ND ST § 12.1-31-03(2) (2007).

► An individual cited for a violation of ND ST § 12.1-31-03(2) appears before a court of competent jurisdiction and pays the penalty or posts a bond in the amount of the penalty. The citing officer is not allowed to receive the penalty or bond. ND ST § 12.1-31-03(5)(a) (2007).

88 OHIO

► Internet are found at OH REV. CODE ANN. § 2927.023 (2007). The General Assembly and local legislative bodies have the authority to restrict smoking in public ► places such as bars, restaurants, workplaces, etc. The General Assembly has the legal authority to D.A.B.E., Inc. v. Toledo-Lucas County Bd. of levy taxes on tobacco products. OH REV. CODE Health, 773 N.E.2d 536 (Ohio Sup. Ct. 2002). The ANN. § 5743.02 (2005) imposes an excise tax and Smoke-free Workplace Act is found at OH REV. sets the tax rate on cigarettes. OH REV. CODE CODE ANN. §§ 3794.01 et seq. (2006). ANN. § 5743.51 (1995) imposes an excise tax and sets the tax rate on other tobacco products.

The Department of Health and its designees have the legal authority to enforce the Smoke-free The Department of Taxation has the authority to Workplace Act. OH REV. CODE ANN. § enforce tax levies on tobacco products. OH REV. 3794.07 (2006). CODE ANN. § 5743.45 (2003).

► ► County Auditors have the legal authority to license tobacco product retailers. OH REV. CODE The General Assembly has the legal authority to ANN. § 5743.15 (2006). restrict the sale of tobacco products through cigarette vending machines. Restrictions on tobacco product sales through vending machines ► are found at OH REV. CODE ANN. § 2927.02 (2007). The Tax Commissioner and the Court of Common Pleas have the legal authority to revoke ► licensure of tobacco product retailers. OH REV. CODE ANN. §§ 5743.17 (1999) & 5743.18 (2006). The General Assembly, townships, and municipal corporations have the legal authority to ban free tobacco samples and single cigarette sales. ► (Uncodified Law, 2000 S 218, § 3, eff. 3-15-01). Free tobacco samples to minors are prohibited. Under the Family Smoking Prevention and OH REV. CODE ANN. § 2927.02 (2007). The Tobacco Control Act, the Food and Drug sale of cigarettes in packages of fewer than 20 Administration has wide-ranging authority to cigarettes is prohibited. OH REV. CODE ANN. regulate tobacco product marketing and to restrict § 2927.02 (2007). tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new ► legislation allows states to restrict the location, The General Assembly has the legal authority to color, size, number and placement of cigarette ban self-service tobacco displays but has not done advertisements and leaves unchanged local and so to date. state government power to regulate smokeless tobacco or other tobacco products. ► ► The General Assembly has the legal authority to restrict the Internet sales of tobacco products. The Ohio General Assembly, townships, and Restrictions on the sale of cigarettes over the municipal corporations have the legal authority to

89 criminalize the possession or purchase of tobacco products by minors. (Uncodified Law, 2000 S 218, § 3, eff. 3-15-01). No child shall purchase or possess tobacco products unless accompanied by a parent, spouse who is 18 years of age or older, or the legal guardian of the child. OH REV. CODE ANN. § 2151.87 (2008).

► Federal, state, local, and corporate entities, including the Ohio Department of Alcohol & Drug Addiction Services and the Ohio Department of Public Safety-Investigative Unit have the legal authority to conduct random tobacco compliance checks. OH REV. CODE ANN. § 2151.87 (2008).

► The General Assembly has the legal authority to determine who controls and distributes the money collected from penalties for tobacco control violations.

►

The General Assembly is involved in the decision making process for the distribution of the tobacco settlement money. http://ohio.gov/government.stm

90 OKLAHOMA

► Cities and towns may enact ordinances prohibiting and penalizing conduct under these sections but the provisions of such ordinances shall be the The State Legislature has the legal authority to same as provided in § 600.8 & § 600.9 and any restrict smoking in public places such as bars, penalty provisions or enforcement provisions shall restaurants, workplaces, etc. The Smoking in not be more stringent than these sections. 37 Public Places and Indoor Workplaces Act is found Okl.St.Ann. §§ 600.8 (2004) & 600.9 (1997). at 63 Okl.St.Ann. §§ 1-1521 et seq. (2003). Cities and towns may enact and enforce laws prohibiting conduct under this act, but the provisions of such The Alcoholic Beverage Laws Enforcement laws shall be the same as provided in this act and Commission has the legal authority to enforce the any enforcement provisions shall not be more restrictions on free tobacco samples and single stringent than those of this act. 63 Okl.St.Ann. § cigarette sales. 37 Okl. St.Ann. § 600.11 (2004). 1-1527 (1987). Educational facilities may have Municipal police officers may enforce ordinances more restrictive policies regarding smoking and prohibiting and penalizing conduct under these the use of other tobacco products in the buildings sections, but the provisions of such ordinances or on the grounds of the facilities. 63 Okl.St.Ann. shall be the same as provided in § 600.8 & § 600.9 § 1-1523 (2007). and any penalty provisions or enforcement provisions shall not be more stringent than these ► sections. 37 Okl.St.Ann. §§ 600.8 (2004) & 600.9 (1997). The State Legislature has the legal authority to restrict the sale of tobacco products through ► cigarette vending machines. No agency or other The State Legislature has the legal authority to ban political subdivision of the state, including self-service tobacco displays. Self-service tobacco municipalities and counties, may adopt any order, displays are banned except in retail stores which ordinance, rule, or regulation concerning the sale do not admit persons under the age of 18 into the of tobacco products. 37 Okl.St.Ann. § 600.10 store. 37 Okl.St.Ann. § 600.10A (2004). Cities and (1994). towns may enact ordinances prohibiting and penalizing conduct under this section but the provisions of such ordinances shall be the same as The Alcoholic Beverage Laws Enforcement provided in § 600.10A and any penalty provisions Commission has the legal authority to enforce the shall not be more stringent than those of this restrictions on tobacco product sales through section. 37 Okl.St.Ann. § 600.10A (C) (2004). vending machines. 37 Okl.St.Ann. § 600.11 (2004).

► The Alcoholic Beverage Laws Enforcement Commission has the legal authority to enforce the The State Legislature has the legal authority to ban restrictions on self-service tobacco displays. 37 free tobacco samples and single cigarette sales. Okl.St.Ann. § 600.11 (2004). Municipal police Free tobacco samples to any person under the age officers may enforce ordinances prohibiting and of 18 are prohibited nor shall free tobacco penalizing conduct under this section, but the samples be distributed on any public street, provisions of such ordinances shall be the same as sidewalk, or park within 300 feet of any provided in § 600.10A (2004) and any penalty playground, school, or other facility used primarily provisions shall not be more stringent than those by persons under the age of 18. 37 Okl.St.Ann. § of this section. 37 Okl.St.Ann. § 600.10A (C) 600.8 (2004). It is unlawful to sell cigarettes except (2004). in the original, sealed package of the manufacturer. 37 Okl.St.Ann. § 600.9 (1997).

91 ► ►

The State Legislature has the legal authority to Under the Family Smoking Prevention and restrict the Internet sales of tobacco products. Tobacco Control Act, the Food and Drug Restrictions on Internet sales are found at 68 Administration has wide-ranging authority to Okl.St.Ann. §§ 317.1 et seq. (2003). No agency or regulate tobacco product marketing and to restrict other political subdivision of the state, including tobacco advertising and promotion in the interest municipalities and counties, may adopt any order, of public health. H.R. 1256 (2009). The new ordinance, rule, or regulation concerning the sale legislation allows states to restrict the location, of tobacco products. 37 Okl.St.Ann. § 600.10 color, size, number and placement of cigarette (1994). advertisements and leaves unchanged local and state government power to regulate smokeless ► tobacco or other tobacco products. The State Legislature has the legal authority to levy taxes on tobacco products. 68 Okl.St.Ann. § ► 302 (1999) imposes an excise tax and sets the tax rate on cigarettes. 68 Okl.St.Ann. §§ 302-1 (1984), The State Legislature has the legal authority to 302-2 (1992), 302-3 (1985), 302-4 (1992), & 302-5 criminalize and has criminalized the possession or (2008) impose additional taxes on cigarettes. 68 purchase of tobacco products by minors. 37 Okl.St.Ann. § 402 (1999) imposes a tax and sets Okl.St.Ann. § 600.4 (1997). Cities and towns may the tax rate on other tobacco products. 68 enact ordinances, but the provisions shall be the Okl.St.Ann. §§ 402-1 (1985), 402-2 (1979), & 402- same as provided in § 600.4 (1997), and the 3 (2008) impose an additional tax on other enforcement provisions shall not be more tobacco products. stringent than this section. 37 Okl.St.Ann. § 600.4(D) (1997). The Oklahoma Tax Commission has the authority to enforce tax levies on tobacco products. 68 The Alcoholic Beverage Laws Enforcement Okl.St.Ann. § 410 (1965). Commission has the authority to enforce the criminalization of minors for possession or ► purchase of tobacco products. 37 Okl.St.Ann. § The Oklahoma Tax Commission has the legal 600.11 (2004). Municipal police officers may authority to license tobacco product retailers. 68 enforce, but the provisions shall be the same as Okl.St.Ann. § 304 (2005). No agency or other provided in § 600.4 (1997), and the enforcement political subdivision of the state, including provisions shall not be more stringent than this municipalities and counties, may adopt any order, section. 37 Okl.St.Ann. § 600.4(D) (1997). ordinance, rule, or regulation concerning the licensing of tobacco products. 37 Okl.St.Ann. § ► 600.10 (1994). The Alcoholic Beverage Laws Enforcement Commission, municipalities, towns, or counties ► have the legal authority to conduct random tobacco compliance checks. 37 Okl.St.Ann. § The Oklahoma Tax Commission has the legal 600.11 (2004). authority to revoke licensure of tobacco product retailers. 68 Okl.St.Ann. § 304 (2005).

92 ► For violations that occur in a municipality that has adopted ordinances prohibiting and penalizing conduct under provisions of the Prevention of Youth Access to Tobacco Act, 35% of each administrative fine imposed by the Alcoholic Beverage Laws Enforcement Commission shall be remitted to such municipality. 37 Okl.St.Ann. § 600.11b (1997).

►

The Tobacco Settlement Endowment Trust Fund was created by constitutional amendment to receive a 75% of MSA payments. Monies not deposited in the trust fund are subject to legislative appropriation. 62 Okl.St.Ann. §§ 2301 et seq. (2001). www.lsb.state.ok.us/

93 OREGON

► (2001). The sale of cigarettes in any form other than a sealed package is prohibited. O.R.S. § 431.840 (1)(c) (2001). The State Legislature and local government have the legal authority to restrict smoking in public places such as bars, restaurants, workplaces, etc. ► The Oregon Indoor Clean Air Act is found at Cities, counties, and the State Legislature have the O.R.S. §§ 433.835 et seq. (2007). Effective January legal authority to ban self-service tobacco displays. 1, 2009 local government may restrict smoking in Self-service tobacco displays are banned unless any area listed in § 433.850(2). O.R.S. § 433.863 located at an establishment where persons under (2007). the age of 18 are prohibited. O.R.S. § 167.407 (2003).

The Department of Human Services, and counties who have been delegated or have contracted with The Department of Human Services, in the Department of Human Services, have the coordination with law enforcement agencies, have authority to enforce restrictions on smoking in the authority to enforce restrictions on self-service public places. O.R.S. § 433.855 (2007). The tobacco displays. O.R.S. § 167.407 (2003). Department of Human Services or local board of health may institute an action in the circuit court ► to enjoin repeated violations of the Oregon Indoor Clean Air Act. O.R.S. § 433.860 (1981). The State Legislature has the legal authority to restrict the Internet sales of tobacco products. ► Restrictions on the Internet sales of tobacco products are found at O.R.S. §§ 323.700 et seq. The State Legislature has the legal authority to (2003). restrict the sale of tobacco products through cigarette vending machines. Cities and counties ► may not regulate tobacco product vending The State Legislature has the legal authority to machines. O.R.S. § 167.404 (1991). Vending levy taxes on tobacco products. O.R.S. §§ 323.030 machines are prohibited in any establishment & 323.031 (2003) imposes taxes and sets the tax except where the premises are permanently and rate on cigarettes. O.R.S. § 323.505 (2003) entirely off-limits to minors. H.B.2136 (2009). imposes a tax and sets the tax rate on other tobacco products.

The Department of Human Services, in coordination with law enforcement agencies, have The Department of Revenue has the legal the authority to enforce restrictions tobacco authority to enforce the levies on cigarettes and product sales through vending machines. O.R.S. § other tobacco products. O.R.S. § 323.440 (1995). 431.853 (1993). ► ► The State Legislature, cities, and counties have the legal authority to license tobacco product retailers. The State Legislature, cities, and counties have the To date, tobacco product retailers are not required legal authority to ban free tobacco samples and to be licensed by the state. single cigarette sales. It is unlawful to distribute free tobacco samples to persons under the age of 18 as part of a marketing strategy to encourage the use of tobacco products. O.R.S. § 431.840 (1)(a)

94 ► are involved in the decision-making process for the distribution of the tobacco settlement money. O.R.S. §§ 293.537 (2007) & 293.540 (2001). The State Legislature, cities, and counties have the legal authority to revoke licensure of tobacco product retailers. www.leg.state.or.us/ ►

In Oregon, the State Legislature and local government have the legal authority to restrict the advertising of other tobacco products.

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. O.R.S. §§ 167.400 (1999) & 167.401 (1999).

► The Department of Human Services coordinates with law enforcement agencies to conduct random unannounced inspections to insure compliance with Oregon laws designed to discourage tobacco use by minors. O.R.S. § 431.853 (1993).

► The money collected for tobacco control violations are deposited to the credit of the General Fund. O.R.S. § 431.845 (1991).

►

The State Legislature and the Director of the Oregon Department of Administrative Services

95 PENNSYLVANIA

► The Department of Health has the legal authority to enforce the restrictions on free tobacco samples The State Legislature has the legal authority to and single cigarette sales. 18 Pa.C.S. § 6305(i) restrict smoking in public places, such as bars, (2002). restaurants, workplaces, etc. The Clean Indoor Air regulations are found at 35 Pa.C.S. §§ 637.1 et seq. (2008). Any local ordinance or rule is preempted. ► 35 Pa.C.S. § 637.11 (2008). The State Legislature has the legal authority to ban self-service tobacco displays. Tobacco products may not be displayed in any manner which enables The Department of Health of the Commonwealth anyone other than a retailer or his/her employee and county boards of health have the legal to physically handle tobacco products prior to authority to enforce the restrictions on smoking in purchase unless the tobacco products are located public places. 35 Pa.C.S. § 637.5 (2008). within the line of sight or under the control of an employee during business hours. This does not ► apply to retail stores which derive 75% or more of sales revenues from tobacco products. 18 Pa.C.S. § 6305 (a)(6) (2002). The provisions of § 6305 The State Legislature has legal authority to restrict preempt and supersede any local ordinance or rule the sale of tobacco through vending machines. enacted after January 1, 2002. 53 Pa.C.S. § 301 Vending machines containing tobacco products (2002). may not be located or placed in a location accessible to minors. 18 Pa.C.S. § 6305 (a)(4) (2002). The provisions of § 6305 preempt and The Department of Health has the legal authority supersede any local ordinance or rule enacted after to enforce the restrictions on self-service tobacco January 1, 2002. 53 Pa.C.S. § 301 (2002). displays. 18 Pa.C.S.A. § 6305 (i) (2002).

The Department of Health has the legal authority ► to enforce the restrictions on tobacco product sales through vending machines. 18 Pa.C.S. § 6305 The State Legislature has the legal authority to (i) (2002). restrict the Internet sales of tobacco products. Restrictions on the Internet sales of tobacco ► products are found at 72 Pa.C.S. § 231-A (2004).

The State Legislature has the legal authority to ban ► The State Legislature has the legal authority to free tobacco samples and single cigarette sales. levy taxes on cigarettes. 72 Pa.C.S. § 8206 (2003) Free tobacco samples to minors are prohibited. 18 Pa.C.S. § 6305(a)(2) (2002). It is illegal to offer a imposes an excise tax and sets the tax rate on cigarettes. 72 Pa.C.S. § 8206.1 (2003) imposes an cigarette for sale out of a pack of cigarettes. 18 additional tax on cigarettes. There is no tax on Pa.C.S. § 6305(a)(5) (2002). Local regulation after other tobacco products to date. January 1, 2002 is preempted. 53 Pa.C.S. § 301 (2002).

The Department of Revenue has the legal authority to enforce tax levies on cigarettes. 72 Pa.C.S.§ 8291 (1981).

96 ► tobacco compliance checks. 18 Pa.C.S. § 6305(g) The Department of Revenue has the legal (2002). authority to license tobacco product retailers. 72 Pa.C.S. § 208-A (1993). Local regulation enacted ► after January 1, 2002 is preempted. 53 Pa.C.S. § The State Legislature has the legal authority to 301 (2002). determine who controls and distributes the money collected from tobacco control penalties. ► ► The Department of Revenue has the legal authority to revoke licensure of tobacco product The State Legislature is involved in the decision- retailers. 72 Pa.C.S. § 229-A (1999). making process for the distribution of the tobacco settlement money. ► www.legis.state.pa.us/ Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

In Pennsylvania, the State Legislature and local government have the legal authority to restrict the advertising of other tobacco products.

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. The purchase of tobacco products by a minor is a criminal offense. 18 Pa.C.S. § 6305(a)(6) (2002). The provisions of § 6305 preempt and supersede any local ordinance or rule enacted after January 1, 2002. 53 Pa.C.S. § 301 (2002).

► The Department of Health, county health departments, and municipal health departments have the legal authority to conduct random

97 RHODE ISLAND

► Retardation and Hospitals have the authority to enforce the ban on single cigarette sales. RI ST § 11-9-13.6 (2001). The State Legislature, cities, and towns have the legal authority to restrict smoking in public places such as bars, restaurants, workplaces, etc. The ► Public Health and Workplace Safety Act is found The State Legislature, cities, and towns have the at RI ST §§ 23-20.10-1 et seq. (2004). legal authority to ban self-service tobacco displays. There is no statewide ban on self-service tobacco displays to date. The Department of Health has the authority to enforce smoking restrictions in public places. RI ► ST § 23-20.10-9 (2008). The State Legislature has the legal authority to ► restrict the Internet sales of tobacco products. Restrictions on the Internet sales of tobacco The State Legislature, cities, and towns have the products are found at RI ST §§ 44-20.1-1 et seq. legal authority to restrict the sale of tobacco (2005). products through cigarette vending machines. Restrictions on tobacco product sales through vending machines are found at RI ST § 11-9-13.1 The Attorney General has the legal authority to (2001). enforce the restrictions on the Internet sales of tobacco products. RI ST § 44-20.1-9 (2005).

The Department of Mental Health, Retardation ► and Hospitals have the legal authority to enforce The State Legislature has the legal authority to restrictions on tobacco product sales through levy taxes on tobacco products. RI ST § 44-20-12 vending machines. RI ST § 11-9-13.6 (2001). The (2007) imposes a tax and sets the tax rate on local or state police department or the Attorney cigarettes. RI ST § 44-20-13.2 (2008) imposes a General may issue a citation for any violation of tax and sets the tax rate on smokeless tobacco, these restrictions. RI ST § 11-9-13.12 (1996). cigars, and pipe tobacco products.

► The Tax Administrator has the authority to enforce tax levies on tobacco products. RI ST § The State Legislature has the legal authority to ban 44-20-50 (1956). free tobacco samples and single cigarette sales. It is a criminal offense to distribute free tobacco samples to minors and to distribute free tobacco ► samples within 500 feet of any school. RI ST § 11- The Tax Administrator has the legal authority to 9-13.10 (1996). Single cigarette sales are license tobacco product retailers. RI ST § 44-20-2 prohibited. RI ST § 11-9-13.8 (1996). (2007).

The Attorney General has the authority to enforce The Tax Administrator has the authority to bans on free tobacco samples. RI ST § 11-9-13.10 enforce the licensing requirements of tobacco (1996). The Department of Mental Health, product retailers. RI ST § 44-20-50 (1956).

98 ► ► One-half of all fines collected shall be transferred The Tax Administrator has the legal authority to to the municipalities in which the citation revoke licensure of tobacco product retailers. RI originated and one-half of all the fines collected ST § 44-20-8 (2007). shall be transferred to the general fund. RI ST § 11-9-13.17 (1996). ► ► Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug The Tobacco Settlement Financing Corporation Administration has wide-ranging authority to Act is found at RI ST §§ 42-133-1 et seq. (2002). regulate tobacco product marketing and to restrict The Tobacco Settlement Financing Corporation tobacco advertising and promotion in the interest was created as a public corporation of the state. of public health. H.R. 1256 (2009). The new The MSA receipts were sold to the corporation legislation allows states to restrict the location, which is authorized to issue bonds backed by the color, size, number and placement of cigarette MSA receipts. The Attorney General has the advertisements and leaves unchanged local and authority to administer, protect, and discharge all state government power to regulate smokeless duties, rights, and obligations of the state under tobacco or other tobacco products. the Master Settlement Agreement and the qualifying statute. RI ST § 42-133-17 (2002). ► www.rilin.state.ri.us/Statutes/ The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. It is a criminal offense for a person under 18 years of age to purchase tobacco in any form. RI ST § 11-9-13 (2001). It is a criminal offense for a person under 18 years of age to visibly possess tobacco on any public street, place, or resort. RI ST § 11-9-14 (2007).

The Department of Mental Health, Retardation and Hospitals has the legal authority to enforce the restrictions on the possession or purchase of tobacco products by minors. RI ST §§ 11-9-13.5 & 11-9-13.6 (2001). The local or state police department or the Attorney General may issue a citation for any violation of these restrictions. RI ST § 11-9-13.12 (1996).

► The Department of Mental Health, Retardation and Hospitals have the legal authority to conduct random tobacco compliance checks. RI ST § 11-9- 13.6 (2001).

99 SOUTH CAROLINA

► ►

The General Assembly and local government have The General Assembly has the legal authority to the legal authority to restrict smoking in public restrict the Internet sales of tobacco products but places such as bars, restaurants, workplaces, etc. has not done so to date. Foothills Brewing Concern Inc., et al. v. City of Greenville, 26467 (SC Sup. Ct. 2008). The Clean ► Indoor Air Act of 1990 is found at SC ST §§ 44- The General Assembly has the legal authority to 95-10 et seq. (1990). levy taxes on tobacco products. SC ST § 12-21- 620 (1996) sets the tax rate on cigarettes and other ► tobacco products.

The General Assembly has the legal authority to ► restrict the sale of tobacco products through The Department of Revenue has the legal cigarette vending machines. SC ST § 16-17-500 authority to license tobacco product retailers. SC (C) (2006). Vending machine operators are ST § 12-21-660 (1993). required to be licensed by the Department of Revenue. SC ST § 12-21-660 (1993). ►

► The Department of Revenue has the legal authority to revoke licensure of tobacco product The General Assembly has the legal authority to retailers. SC ST § 12-21-10 (1962). ban free tobacco samples and single cigarette sales to minors. It is unlawful to give free tobacco ► samples to minors under the age of 18. SC ST §§ 16-17-500 (2006) & 16-17-502 (1996). It is Under the Family Smoking Prevention and unlawful to sell a package of cigarettes if the Tobacco Control Act, the Food and Drug package differs with the requirements of the Administration has wide-ranging authority to Federal Cigarette Labeling and Advertising Act for regulate tobacco product marketing and to restrict the placement of labels, warnings, or other tobacco advertising and promotion in the interest information upon a package of cigarettes. SC CT § of public health. H.R. 1256 (2009). The new 16-17-505 (1999). Any laws, ordinances, or rules legislation allows states to restrict the location, enacted after 1996 pertaining to tobacco products color, size, number and placement of cigarette may not supersede state law or regulation. SC ST § advertisements and leaves unchanged local and 16-17-504 (1996). state government power to regulate smokeless tobacco or other tobacco products. In South Carolina, the Director of the Department of Revenue has the authority to ► enforce the ban on free tobacco samples to minors. SC ST § 16-17-503 (1996). The General Assembly has the legal authority to criminalize the possession or purchase of tobacco ► products by minors. The possession or purchase The General Assembly has the legal authority to of tobacco products by a minor is prohibited. SC regulate self-service tobacco displays but has not ST § 16-17-500 (2006). done so to date.

100 ► The Director of the Department of Revenue has the legal authority to conduct random tobacco compliance checks. The Department shall designate an enforcement officer to conduct the annual inspections. SC ST § 16-17-503 (1996).

► The Department of Revenue controls the money collected from penalties for tobacco control violations to offset the costs of enforcement. SC ST § 16-17-503 (1996).

►

All revenues payable to the State pursuant to the Master Settlement Agreement are divided as such: 73% of the revenues must be used for healthcare programs, 15% must be deposited in the Tobacco Community Trust Fund, 10% must be deposited in the Tobacco Settlement Economic Development Fund, and 2% must be deposited in the Tobacco Settlement Local Government Fund. SC ST § 11-11-170 (2001). www.scstatehouse.net/CODE/statmast.htm

101 SOUTH DAKOTA

► ► The State Legislature has the legal authority to ban The State Legislature has the legal authority to self-service tobacco displays. The sale of tobacco restrict smoking in public places such as bars, products and cigarettes through self-service restaurants, workplaces, etc. Restrictions on displays is prohibited. SDCL § 34-46-2 (6) (2009). smoking in public places or in places of employment are found at SDCL § 22-36-2 (2002). ► This section does not apply to restaurants and bars. SDCL §§ 22-36-2 (2002) & 35-4-1 et seq. The State Legislature has the legal authority to (1987). The State Legislature is the exclusive restrict the Internet sale of tobacco products. regulator for all matters relating to the use of Restrictions on the Internet sales of tobacco tobacco products. SDCL § 10-50-64 (1995). products are found at SDCL §§ 10-50-99 et seq. (2009). The State Legislature is the exclusive ► regulator of all matters relating to the distribution and sale of tobacco products. SDCL § 34-46-6 The State Legislature has the legal authority to (1994). restrict the sale of tobacco products through cigarette vending machines. Restrictions on the ► sale of tobacco products through vending The State Legislature has the legal authority to machines are found at SDCL § 34-46-2 (2009). A levy taxes on tobacco products. SDCL § 10-50-3 sign must be posted on cigarette vending (2006) imposes a tax and sets the rate on machines stating that any person under 18 years of cigarettes. SDCL § 10-50-61 (2006) imposes a tax age is forbidden by law to purchase cigarettes and sets the rate on other tobacco products. from the machine. SDCL § 26-10-24 (1992). The State Legislature is the exclusive regulator of all matters relating to the sale of tobacco products. The Secretary of Revenue and Regulation and SDCL § 34-46-6 (1994). inspectors of the Department of Revenue and Regulation have the legal authority to enforce tax ► levies on tobacco products. SDCL § 10-50-34 (2003). The State Legislature has the legal authority to ban free tobacco samples and single cigarette sales. ► The distribution of free tobacco samples to The State Legislature has the legal authority to minors is prohibited. SDCL § 34-46-2 (1) (2009). license tobacco product retailers but has not done It is unlawful to distribute tobacco product so to date. Distributors and wholesalers are samples on a public street, sidewalk, or park that is required to be licensed by the Secretary of within 500 feet of a playground, school, or other Revenue and Regulation. SDCL § 10-50-9 (2007). facility when the facility is being used primarily by persons under the age of 18. SDCL § 34-46-2 (7) ► (2009). All cigarettes sold in the state must be in packages containing 20 or 25 cigarettes. SDCL § The Secretary of Revenue and Regulation has the 10-50-2 (1984). The State Legislature is the legal authority to revoke licensure of tobacco exclusive regulator of all matters relating to the product distributors and wholesalers. SDCL § 10- distribution and sale of tobacco products. SDCL § 50-15 (2007). 34-46-6 (1994).

102 ► ►

Under the Family Smoking Prevention and The State Legislature is involved in the decision Tobacco Control Act, the Food and Drug making process for the distribution of the tobacco Administration has wide-ranging authority to settlement money. SDCL §§ 5-12-57, 5-12-58, 5- regulate tobacco product marketing and to restrict 12-59, & 5-12-60 (2001). tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, http://legis.state.sd.us/statutes/index.aspx color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

In South Dakota, the State Legislature has the legal authority to restrict the advertising of other tobacco products. The State Legislature is the exclusive regulator of all matters relating to the marketing and promotion of tobacco products. SDCL § 34-46-6 (1994).

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. The purchase or possession of tobacco products by a person under the age of 18 is prohibited. SDCL §§ 34-46-2 (2) (2009) & 26-10-20 (1986).

► Each county's State's Attorney or a local law enforcement officer designated by the State's Attorney has the legal authority to conduct random tobacco compliance checks. SDCL § 34- 46-3 (1994).

► The State Legislature controls and distributes the money collected from penalties for tobacco control violations.

103 TENNESSEE

► ►

The General Assembly has the legal authority to The General Assembly has the legal authority to restrict smoking in public places. The Children's regulate free tobacco samples and single cigarette Act for Clean Indoor Air is found at TN ST §§ sales. It is a criminal offense to distribute any 39-17-1604 et seq. (2000). The Non-Smoker tobacco product to anyone under the age of 18 or Protection Act restricts smoking in limited to distribute tobacco samples in or on any public restaurants and workplaces. TN ST § 39-17-1801 street, sidewalk, or park. TN ST § 39-17-1504 et seq. (2007). The General Assembly occupies (1999). No cigarette retailer may sell any pack of and preempts the entire field of legislation cigarettes containing fewer than 20 cigarettes. TN concerning the regulation of tobacco products. ST § 47-18-2003 (1999). Any law enacted after March 15, 1994 by any agency or political subdivision of the state is void. Cities, counties, and counties with a metropolitan The Department of Agriculture has the legal form of government may regulate tobacco use in authority to enforce the restrictions on free buildings owned or leased by them. TN ST § 39- tobacco samples. TN ST § 39-17-1509 (1999). The 17-1551 (1994). Attorney General has the legal authority to enforce the ban on single cigarette sales. TN ST § 47-18-2006 (1999). Any law enforcement officer has the legal authority to issue a citation for violation of the ► Children's Act for Clean Indoor Air. TN ST § 39- The State Legislature has the legal authority to 17-1606 (1995). The Department of Health or the regulate self-service tobacco displays but has not Department of Labor and Workforce have the done so to date. authority to enforce smoking restrictions in locations already under their regulation. TN ST § ► 39-17- 1806 (2007). The General Assembly has the legal authority to ► restrict the Internet sales of tobacco products. Restrictions on the delivery sales of cigarettes are The General Assembly has the legal authority to found at TN ST § 67-4-1029 (2005). regulate the sale of tobacco products through cigarette vending machines. Restrictions on the sale of tobacco products through vending The Attorney General or his/her designee, or any machines are found at TN ST § 39-17-1507 person who holds a valid permit under 26 U.S.C. § (1999). The General Assembly occupies and 5712, has the legal authority to enforce the preempts the entire field of legislation concerning restrictions on the delivery sales of cigarettes. TN the regulation of tobacco products. Any law ST § 67-4-1029 (e) (2005). enacted after March 15, 1994 by any agency or political subdivision of the state is void. TN ST § ► 39-17-1551 (1994). The General Assembly has the legal authority to levy taxes on tobacco products. TN ST § 67-4- 1004 (2007) sets the tax rate on cigarettes. TN ST The Department of Agriculture has the legal § 67-4-1005 (2003) sets the tax rate on other authority to enforce the restrictions on tobacco tobacco products. product sales through vending machines. TN ST § 39-17-1509 (1999).

104 The Department of Revenue has the legal A law enforcement officer or a school principal authority to enforce the collection of taxes levied. has the legal authority to issue a citation for the TN ST § 67-4-1010 (1988). violation of TN ST § 39-17-1505 (2001).

► ► The General Assembly has the legal authority to The Department of Agriculture has the legal license tobacco product retailers but has not done authority to conduct random tobacco compliance so to date. Manufacturing distributors, wholesale checks. TN ST § 39-17-1509 (1999). dealers and jobbers, and tobacco distributors are required to be licensed by the Commissioner of ► Revenue. TN ST § 67-4-1015 (2008). Tobacco The General Assembly controls and distributes product retailers are not required to be licensed by the money collected from penalties for tobacco the state of Tennessee. control violations.

► ►

The Commissioner of Revenue has the legal The General Assembly is involved in the decision- authority to revoke licensure of manufacturing making process for the distribution of the tobacco distributors, wholesale dealers and jobbers, and settlement money. tobacco distributors. TN ST § 67-4-1016 (1968).

► http://www.michie.com/tennessee/lpext.dll?f=te mplates&fn=main-h.htm&cp=tncode Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

In Tennessee, the General Assembly has the legal authority to restrict the advertising of other tobacco products. TN ST § 39-17-1551 (1994).

►

The General Assembly has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. TN ST § 39-17-1505 (2001).

105 TEXAS

► has the legal authority to enforce the ban on single cigarette sales. TX TAX § 111.002 (1989). The State Legislature and local government have the legal authority to restrict smoking in public ► places such as bars, restaurants, workplaces, etc. The State Legislature and local government have Smoking is prohibited in public primary or the legal authority to ban self-service tobacco secondary schools, elevators, enclosed theaters or displays. TX HEALTH & S § 161.089 (1997). movie houses, libraries, museums, hospitals, Restrictions on self-service tobacco displays are transit system buses and intrastate buses, planes, found at TX HEALTH & S § 161.086 (1999). or trains which are public places unless it is done in a designated smoking area or as part of an authorized theatrical performance. TX PENAL § The Comptroller, in partnership with local law 48.01 (1997). enforcement agencies, has the authority to enforce restrictions on self-service tobacco displays. TX HEALTH & S § 161.088 (1999). ► ► The State Legislature and local government have the legal authority to restrict the sale of tobacco products through cigarette vending machines. TX The State Legislature and local government have HEALTH & S § 161.089 (1997). Restrictions on the legal authority to restrict the Internet sales of tobacco product sales through vending machines tobacco products. TX HEALTH & S § 161.089 are found at TX HEALTH & S §§ 161.084 (2007) (1997). Restrictions on the Internet sales of & 161.086 (1999). cigarettes are found at TX HEALTH & S §§ 161.451 et seq. (2003).

The Comptroller, in partnership with local law enforcement agencies, has the authority to enforce The Attorney General may bring an action in state restrictions on tobacco product sales via vending court to prevent or restrain any violations of the machines. TX HEALTH & S § 161.088 (1999). restrictions on Internet sales. TX HEALTH & S § 161.462 (2003). ► ► The State Legislature has the legal authority to The State Legislature and local government have levy taxes on tobacco products. TX TAX § the legal authority to ban free tobacco samples 154.021 (2006) imposes a tax and sets the tax rate and single cigarette sales. TX HEALTH & S § on cigarettes. TX TAX § 155.021 (1991) imposes 161.089 (1997). Free tobacco samples to minors a tax and sets the tax rate on cigars. TX TAX § are prohibited. TX HEALTH & S §161.087 155.0211 (2006) imposes a tax and sets the tax rate (1997). It is an offense to sell cigarettes in on other tobacco products. quantities less than an individual package containing at least 20 cigarettes. TX TAX § 154.504 (1997). The Comptroller has the authority to enforce tax levies on tobacco products. TX TAX § 111.002 (1989). The Comptroller in partnership with local law enforcement agencies has the authority to enforce restrictions on free tobacco samples. TX ► The Comptroller has the legal authority to license HEALTH & S § 161.088 (1999). The Comptroller tobacco product retailers. A person may not

106 engage in business as a tobacco products retailer ► unless he obtains a permit. TX TAX §§ The Comptroller, in partnership with local law 154.101(2001) & 155.041 (2001). enforcement agencies, has the legal authority to conduct random tobacco compliance checks. TX ► HEALTH & S § 161.088 (1999).

The Comptroller has the legal authority to revoke ► the permits of tobacco product retailers. TX TAX The State Legislature controls and distributes the §§ 154.114 (1999) & 155.059 (1999). money collected from penalties for tobacco control violations. ► ► Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug The State Legislature, the Comptroller, and the Administration has wide-ranging authority to Tobacco Settlement Permanent Trust Account regulate tobacco product marketing and to restrict Investment Advisory Committee are involved in tobacco advertising and promotion in the interest the decision-making process for the distribution of public health. H.R. 1256 (2009). The new of the tobacco settlement money. TX GOVT §§ legislation allows states to restrict the location, 403.1041 et seq. (1999). color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless http://tlo2.tlc.state.tx.us/statutes/statutes.html tobacco or other tobacco products.

The Comptroller has the authority to enforce restrictions on the advertising of tobacco products. TX HEALTH & S § 161.123 (1997).

►

The State Legislature and local government have the legal authority to criminalize the possession or purchase of tobacco products by minors. TX HEALTH & S § 161.089 (1997). It is an offense if anyone under the age of 18 possesses or purchases any tobacco product. TX HEALTH & S § 161.252 (1997).

The Comptroller, in partnership with local law enforcement agencies, has the authority to enforce the criminalization of minors for the possession or purchase of tobacco products. TX HEALTH & S § 161.088 (1999).

107 UTAH

► ► The State Legislature has the legal authority to ban The State Legislature has the legal authority to self-service tobacco displays. Self-service tobacco restrict smoking in public places such as bars, displays are banned unless located in an area that restaurants, workplaces, etc. The Utah Clean no person younger than 19 is permitted to enter Indoor Air Act is found at UT ST §§ 26-38-1 et without a parent or legal guardian. UT ST § 76-10- seq. (2006). The Utah Clean Indoor Air Act was 105.1 (2009). Local ordinances, regulations, or amended to restrict smoking in restaurants, rules that are not essentially identical to this workplaces, and day care centers. Any ordinance section are superseded. UT ST § 76-10-105.1(4) enacted by a political subdivision that restricts (2009). smoking and that is not essentially identical to this Act is preempted, unless the ordinance restricts ► smoking outdoors on the grounds of a political subdivision, state institution of higher education, The State Legislature has the legal authority to or state institution of public education. UT ST § restrict the Internet sales of cigarettes. No 26-38-6 (2007). authority that is not licensed by State Tax Commission may sell tobacco products by mail order. UT ST § 59-14-509 (2009). The State Health Department and local health departments have the authority to enforce ► restrictions on smoking in public places. UT ST § The State Legislature has the legal authority to 26-38-9 (2008). levy taxes on tobacco products. UT ST § 59-14- 204 (2008) imposes a tax and sets the tax rate on ► cigarettes. UT ST § 59-14-302 (2008) imposes a tax and sets the tax rate on other tobacco The State Legislature has the legal authority to products. restrict the sale of tobacco products through cigarette vending machines. Tobacco product sales through vending machines are banned unless The State Tax Commission has the authority to the vending machine is located in an area that no enforce tax levies on tobacco products. UT ST 59- person younger than 19 is permitted without a 1-210 (2008). parent or legal guardian. UT ST § 76-10-105.1 (2009). Local ordinances, regulations, or rules that ► are not essentially identical to this section are The State Tax Commission has the legal authority superseded. UT ST § 76-10-105.1(4) (2009). to license tobacco product retailers. UT ST §§ 59- 14-202 (2004) & 59-14-301 (1998). ►

The State Legislature has the legal authority to ban The State Tax Commission has the authority to free tobacco samples and single cigarette sales. enforce the licensing requirements of tobacco Free tobacco samples are banned except to adults product retailers. UT ST § 59-14-202 (2004). at professional conventions where the general public is excluded, and to persons of legal age ► upon their purchase of tobacco products. UT ST §§ 76-10-111 (1990) & 76-10-112 (1989). A The State Tax Commission has the legal authority licensed retailer may not sell cigarettes in a to revoke licensure of tobacco product retailers. package that contains fewer than 20 cigarettes. UT UT ST § 59-14-203.5 (1998). ST § 59-14-202 (2004).

108 ► ►

Under the Family Smoking Prevention and The State Legislature is involved in the decision Tobacco Control Act, the Food and Drug making process for the distribution of the tobacco Administration has wide-ranging authority to settlement money. The Tobacco Settlement regulate tobacco product marketing and to restrict Restricted Account is found at UT ST § 51-9-201 tobacco advertising and promotion in the interest (2009). The Permanent State Trust Fund is found of public health. H.R. 1256 (2009). The new at UT ST § 51-9-202 (2009). legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and http://le.utah.gov/~code/code.htm state government power to regulate smokeless tobacco or other tobacco products.

It is a Class B misdemeanor to advertise any tobacco product except outside a retailer’s place of business. UT ST § 76-10-102 (1986). Local ordinances, regulations, or rules that are not essentially identical to this section are superseded. UT ST § 76-10-105.1(4) (2009).

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. UT ST § 76-10-105 (2002).

The Juvenile Court has jurisdiction over any person under the age of 18 who buys or attempts to buy or has in his/her possession any tobacco product. UT ST § 76-10-105(2) (2002).

► Peace officers, defined as law enforcement officers, correctional officers, special function officers, and federal officers, have the legal authority to conduct random tobacco compliance checks. UT ST §§ 77-39-101 (2006) & 53-13-102 (1998).

► The State Legislature, State Department of Health, local health departments, and the Tax Commission control and distribute the money collected from penalties for tobacco control violations. UT ST § 26-42-107 (1998).

109 VERMONT

► ► The State Legislature has the legal authority to ban The State Legislature and municipalities have the self-service tobacco displays. Restrictions on self- legal authority to restrict smoking in public places service tobacco displays are found at VT ST T. 7 § such as bars, restaurants, workplaces, etc. VT ST 1003 (d) (2001). T. 18 §§ 1428 (1987) & 1746 (1993). Restrictions on smoking in public places are found at VT ST T. 18 §§ 1741 et seq. (2005). Restrictions on The Liquor Control Board has the legal authority smoking in the workplace are found at VT ST T. to enforce the restrictions on self-service tobacco 18 §§ 1421 et seq. (2009). displays. VT ST T. 7 § 1008 (1991). ► The Commissioner of Health and local boards of health have the authority to enforce restrictions The State Legislature has the legal authority to on smoking in public places. VT ST T. 18 § 130 restrict the Internet sales of tobacco products. (1985). The Department of Health has the legal Restrictions on the Internet sales of tobacco authority to enforce restrictions on smoking in the products are found at VT ST T. 7 § 1010 et seq. workplace. VT ST T. 18 § 1426 (2009). (2008).

► ► The State Legislature has the legal authority to The State Legislature has the legal authority to levy taxes on tobacco products. VT ST T. 32 § restrict the sale of tobacco products through 7771 (2009) imposes a tax and sets the tax rate on cigarette vending machines. All vending machines cigarettes, little cigars, and roll your own tobacco. selling tobacco products are prohibited. VT ST T. VT ST T. 32 § 7811 (2009) imposes a tax and sets 7 § 1003 (c) (2001). the tax rate on other tobacco products.

The Liquor Control Board has the legal authority The Commissioner of Taxes has the legal to enforce the ban on tobacco product vending authority to enforce the tobacco product tax laws. machines. VT ST T. 7 § 1008 (1991). VT ST T. 32 § 7701 (1947).

► ► The legislative body of the municipality where the The State Legislature has the legal authority to ban tobacco products are sold has the legal authority free tobacco samples and single cigarette sales. to license tobacco product retailers. VT ST T 7 § Free tobacco samples to any person younger than 1002 (2007). age 18 and the sale of single cigarettes is prohibited. VT ST T. 7 § 1003 (2001). ►

The Commissioner of Liquor Control or the The Liquor Control Board has the legal authority Liquor Control Board has the legal authority to to enforce the restrictions on free tobacco samples revoke licensure of tobacco product retailers. VT and single cigarette sales. VT ST T. 7 § 1008 ST T. 7 § 236 (2002). (1991).

110 ►

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. The possession or purchase of tobacco products by a minor is prohibited. VT ST T. 7 § 1005 (1997).

► The Department of Liquor Control has the legal authority to conduct random tobacco compliance checks. Sec. 13, VT ACT 58 (1997).

► The State Legislature controls and distributes the money collected from penalties for tobacco control violations.

►

The State Legislature is involved in the decision- making process for the distribution of tobacco settlement money. www.leg.state.vt.us/statutes/statutes2.htm

111 VIRGINIA

► Any law enforcement officer has the authority to enforce restrictions on free tobacco samples. Va. The General Assembly has the legal authority to Code Ann. § 18.2-371.2 (D) (2003). Any county, restrict smoking in public places such as bars, city, or town attorney has the legal authority to restaurants, workplaces, etc. The State of Virginia enforce the restrictions on cigarette packaging. Va. has a preemptive smoke-free indoor air law. The Code Ann. § 18.2-371.2 (E) (3) (2003). Virginia Indoor Clean Air Act of 2009 is found at Va. Code Ann. §§ 15.2-2820 et seq. (2009). No ordinances adopted after January 1, 1990 shall ► exceed the provisions or standards of this act. Va. The General Assembly has the legal authority to Code Ann. § 15.2-2828(b) (2009). These ban self-service tobacco displays but has not done provisions are set to be effective December 1, so to date. 2009. ►

Any law enforcement officer has the authority to The General Assembly has the legal authority to enforce restrictions on smoking in public places. restrict the Internet sale of tobacco products. The Va. Code Ann. § 15.2-2833 (2009). This provision restrictions on Internet sales are found at Va. is set to be effective December 1, 2009. Code Ann. §§ 18.2-246.6 et seq. (2005). ► The Attorney General has the legal authority to The General Assembly has the legal authority to enforce the restrictions on the Internet sales of restrict the sale of tobacco products through tobacco products. Va. Code Ann. § 18.2-246.15 cigarette vending machines. Restrictions on the (2003). sale of tobacco products through vending machines are found at Va. Code Ann. § 18.2-371.2 ► (2003). The General Assembly has the legal authority to levy taxes on tobacco products. Va. Code Ann. § 58.1-1001 (2006) imposes a tax and sets the tax Any law enforcement officer has the authority to rate on cigarettes. Va. Code Ann. § 58.1-1021.02 enforce restrictions on tobacco product sales (2005) imposes a tax and sets the tax rate on other through vending machines. Va. Code Ann. § 18.2- tobacco products. 371.2 (D) (2003).

► The Department of Taxation has the authority to enforce tax levies on cigarettes. Va. Code Ann. § 58.1-1016 (1984). The General Assembly has the legal authority to ban free tobacco samples and single cigarette sales. Free tobacco samples to minors are ► prohibited. Va. Code Ann. § 18.2-371.2 (A) The General Assembly has the legal authority to (2003). Cigarettes shall be sold only in the license tobacco product retailers but has not done manufacturer's sealed package, with the required so to date. Tobacco product distributors are health warning. Va. Code Ann. § 18.2-371.2 (E) required to be licensed by the Department of (2003). Taxation. Va. Code Ann. § 58.1-1021.04:1 (2005).

112 ► ►

Tobacco product retailers are not required to be The General Assembly, the Virginia Tobacco licensed. The Department of Taxation has the Settlement Foundation, the Tobacco legal authority to revoke licensure of tobacco Indemnification and Community Revitalization product distributors. Va. Code Ann. § 58.1-1035 Commission, and the Governor are involved in (2000). the decision-making process for the distribution of the tobacco settlement money. Va. Code Ann. ► §§ 32.1-354 et seq. (2009) & 32.1-367 (2004).

Under the Family Smoking Prevention and www.virginia.gov/cmsportal2/government_4096/ Tobacco Control Act, the Food and Drug codes_and_laws.html Administration has wide-ranging authority to regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new legislation allows states to restrict the location, color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

►

The General Assembly has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. Va. Code Ann. § 18.2-371.2 (C) (2003).

Any law enforcement officer has the authority to enforce the criminalization of minors for the purchase or possession of tobacco products. Va. Code Ann. § 18.2-371.2 (D) (2003).

► The Department of Agriculture and Consumer Services has the authority to promulgate regulations which allow the Department to undertake compliance checks. Va. Code Ann. § 18.2-371.2 (E) (2) (2003).

► The penalties for tobacco control violations are paid into the state treasury. Va. Code Ann. § 18.2- 371.2 (2003).

113 WASHINGTON

► ► The State Legislature and local government have The State Legislature and local government have the legal authority to ban self-service tobacco the legal authority to restrict smoking in public displays. There is no statewide ban on self-service places such as bars, restaurants, workplaces, etc. tobacco displays to date. WA ST § 70.155.130 The Washington Clean Indoor Air Act is found at (1993). WA ST §§ 70.160.011 et seq. (2005). ►

Local law enforcement and local health The State Legislature has the legal authority to departments have the authority to enforce the restrict the Internet sales of tobacco products. restrictions on smoking in public places. WA ST § Restrictions on delivery sales of cigarettes are 70.160.070 (2005). found at WA ST § 70.155.105 (2009).

► ► The State Legislature has the legal authority to The State Legislature has the legal authority to levy taxes on tobacco products. WA ST §§ restrict the sale of tobacco products through 82.24.020 (2009), 82.24.026 (2009), 82.24.027 cigarette vending machines. Political subdivisions (2009), & 82.24.028 (2009) impose taxes and set are preempted from regulating tobacco product the tax rates on cigarettes. WA ST § 82.26.020 vending machines. WA ST § 70.155.130 (1993). (2009) imposes a tax and sets the tax rate on other No tobacco products may be sold in vending tobacco products. machines unless the vending machine is located in areas where minors are prohibited and not less than 10 feet from entrances and exits to and from The Department of Revenue has the authority to the premises. WA ST § 70.155.030 (1994). enforce tax levies on tobacco products. WA ST § 82.24.235 (1995).

The Liquor Control Board has the authority to ► enforce restrictions on tobacco product sales The Liquor Control Board has the legal authority through vending machines. WA ST § 70.155.100 to license tobacco product retailers. WA ST §§ (2006). 82.24.500 et seq. (2003); 82.26.150 (2009); & 82.26.190 (2009). ►

The State Legislature has the legal authority to ban The Liquor Control Board has the authority to free tobacco samples and single cigarette sales. enforce the licensing requirements of tobacco WA ST § 70.155.130 (1993). Free tobacco samples product retailers. WA ST §§ 82.24.550 (2009) & are banned in Washington. WA ST § 70.155.050 82.26.220 (2009). (2006). No person may sell cigarettes not in the original unopened package to which the ► appropriate tax stamps have been affixed. WA ST § 70.155.040 (1993). The Liquor Control Board has the legal authority to revoke licensure of tobacco product retailers. WA ST §§ 70.155.110 (1993), 82.24.550 (2009), & The Liquor Control Board has the authority to 82.26.220 (2009). enforce bans on free tobacco samples and single cigarette sales. WA ST § 70.155.100 (2006).

114 ► collected are deposited in the state general fund. WA ST § 70.155.120 (1993). Under the Family Smoking Prevention and Tobacco Control Act, the Food and Drug ► Administration has wide-ranging authority to regulate tobacco product marketing and to restrict The Tobacco Settlement Account was created in tobacco advertising and promotion in the interest the state treasury. Monies received by the state of of public health. H.R. 1256 (2009). The new Washington under the MSA are deposited in this legislation allows states to restrict the location, account. WA ST § 43.79.480 (2009). color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless www1.leg.wa.gov/LawsAndAgencyRules/ tobacco or other tobacco products.

In Washington, the State Legislature and local government have the legal authority to restrict the advertising of other tobacco products. WA ST § 70.155.130 (1993), Lindsey v. Tacoma-Pierce County Health Dept., W.D.Wash.1997, 8 F.Supp.2d 1213.

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. A person under the age of 18 who purchases or possesses tobacco products commits a class 3 civil infraction. WA ST § 70.155.080 (2002).

The Liquor Control Board has the legal authority to enforce the restrictions on the purchase or possession of tobacco products by minors. WA ST § 70.155.110 (1993).

► The Liquor Control Board may work with local county health departments or districts and local law enforcement agencies to conduct random tobacco compliance checks. WA ST § 70.155.110 (1993).

► The Youth Tobacco Prevention Account was created in the state treasury. Ninety percent of the fees and penalties collected are deposited in this account. Ten percent of all fees and penalties

115 WEST VIRGINIA

► For violations resulting in a delivery of tobacco products, the prosecuting attorney of the county The State Legislature and local boards of health where the delivery is made has the legal authority have the legal authority to restrict smoking in to prosecute the violation and to bring any action public places such as bars, restaurants, workplaces, to prevent further violations. The Attorney etc. WV ST § 16-2-11 (2000). General or any other person who holds a valid permit under 26 U.S.C. § 5712 has the legal The Commissioner of the Bureau for Public authority to enforce all other violations. WV ST § Health has the legal authority to enforce 16-9E-8 (2003). restrictions on smoking in public places. WV ST § 16-2-11 (2000). ► The State Legislature has the legal authority to ► levy taxes on tobacco products. No municipality or governmental subdivision may levy any excise or other tax on any tobacco product. WV ST § 11- The State Legislature has the legal authority to 17-4a (2001). WV ST § 11-17-3 (2003) imposes a restrict the sale of tobacco products through tax and sets the tax rate on cigarettes and other cigarette vending machines. No tobacco products tobacco products. may be sold through a vending machine unless the vending machine is located in an establishment to which individuals under the age of 18 are not In West Virginia, the Tax Commissioner, his agent admitted or if the establishment is licensed as a or employee, has the legal authority to enforce tax class A licensee by the alcohol beverage control levies on cigarettes and other tobacco products. commissioner. WV ST § 16-9A-8 (2000). The state police or any county sheriff or his/her deputy is authorized to assist in this enforcement. ► WV ST § 11-17-17 (1978).

The State Legislature has the legal authority to ban ► free tobacco samples and single cigarette sales. The Tax Commissioner has the legal authority to Free tobacco samples to any person under the age license tobacco product retailers. WV ST § 11-12- of 18 are prohibited. WV ST § 16-9A-2 (2000). 4a (2000). No municipality or governmental Single cigarette sales are banned. WV ST § 16-9A- subdivision may require licenses for the sale of 10 (2009). cigarettes or other tobacco products. WV ST § 11- 17-4a (2001). ► The State Legislature has the legal authority to ban self-service tobacco displays but has not done so Any employee of the Tax Department so to date. designated by the Tax Commissioner has the legal authority to enforce the tobacco product license ► requirements.

The State Legislature has the legal authority to ► restrict the Internet sale of cigarettes. Restrictions on the Internet sale of cigarettes are found at WV The Tax Commissioner has the legal authority to ST §§ 16-9E-1 et seq. (2003). revoke licensure of tobacco product retailers. WV ST § 11-12-5 (2008).

116 ► ►

Under the Family Smoking Prevention and The State Legislature is involved in the decision Tobacco Control Act, the Food and Drug making process for the distribution of the tobacco Administration has wide-ranging authority to settlement money. regulate tobacco product marketing and to restrict tobacco advertising and promotion in the interest of public health. H.R. 1256 (2009). The new http://www.legis.state.wv.us/WVCODE/Code.cf legislation allows states to restrict the location, m color, size, number and placement of cigarette advertisements and leaves unchanged local and state government power to regulate smokeless tobacco or other tobacco products.

In West Virginia, the State Legislature and local government have the legal authority to restrict the advertising of other tobacco products. Restrictions on outdoor billboard advertisements for smokeless tobacco are found at WV ST § 16- 9A-5 (1987).

►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. No minors may use or possess cigarettes or other tobacco products. WV ST § 16-9A-3 (2000).

► The state police, municipal police, county sheriffs, and the Alcohol Beverage Control Administration have the legal authority to conduct random tobacco compliance checks. WV ST § 16-9A-7 (1998).

► Any fine collected for violation of the statute prohibiting the sale or gift of tobacco to minors shall be paid to the clerk of the court in which the conviction was obtained. WV ST § 16-9A-7 (1998).

117 WISCONSIN

► ► The State Legislature has the legal authority to ban The State Legislature, counties, cities, villages, and self-service tobacco displays but has not done so towns have the legal authority to restrict smoking to date. in public places such as bars, restaurants, workplaces, etc. Restrictions on smoking in public ► places are found at WI ST § 101.123 (2009). The State Legislature has the legal authority to restrict Internet and delivery sales of tobacco State or local officials or any affected party may products. Restrictions on Internet and delivery institute an action in any court to enjoin repeated sales of cigarettes are found WI ST § 139.345 violations of the restrictions on smoking in public (2005). places. WI ST § 101.123 (2009). ► ► The State Legislature has the legal authority to levy taxes on tobacco products. WI ST § 139.31 The State Legislature has the legal authority to (2009) imposes a tax and sets the tax rate on restrict the sale of tobacco products through cigarettes. WI ST § 139.76 (2009) imposes a tax cigarette vending machines. Counties, cities, and sets the tax rate on other tobacco products. villages, and towns may adopt ordinances regarding vending machines only if they strictly conform to the state statute. WI ST § 134.66 (5) The Department of Revenue has the legal (2007). Tobacco product vending machines must authority to enforce the tax levies on cigarettes be located in a place that no person younger than and other tobacco products. WI ST § 139.39 18 years of age is present or permitted to enter (2003). unless he or she is accompanied by a parent, guardian, or spouse who has attained the age of ► 18. No retailer may place a tobacco product A city, village, or town clerk has the legal authority vending machine within 500 feet of a school. WI to license tobacco product retailers. WI ST § ST § 134.66 (2007). 134.65 (2001). Multiple retailers (any person who operates 10 or more retail outlets) must obtain a ► state permit from the Department of Revenue to sell cigarettes. WI ST § 139.34 (2005). The State Legislature has the legal authority to ban free tobacco samples and single cigarette sales. A county, town, village, or city may adopt an The Department of Revenue has the authority to ordinance regulating free tobacco samples and enforce the licensing requirements of tobacco single cigarette sales only if it strictly conforms to product retailers. WI ST § 139.39 (2003). the state statute. WI ST § 134.66 (5) (2007). Free tobacco samples to minors are banned. Free ► tobacco samples may only be distributed in a place where no person younger than 18 years of age is In Wisconsin, the Secretary of Revenue has the permitted to enter unless accompanied by a legal authority to revoke the permits of multiple parent, guardian or spouse who has attained 18 retailers. WI ST § 139.39 (2003). years of age. WI ST §134.66 (2007). No retailer may sell cigarettes in a form other than as a package or container on which a tax stamp is affixed. WI ST § 134.66 (2007).

118 ► ►

Under the Family Smoking Prevention and The State Legislature enacted legislation in 2001 Tobacco Control Act, the Food and Drug that securitized Wisconsin's tobacco settlement Administration has wide-ranging authority to payments over the next 20-25 years. WI ST § regulate tobacco product marketing and to restrict 16.63 (2007). More than $5.7 billion in expected tobacco advertising and promotion in the interest MSA payments were sold for an immediate lump of public health. H.R. 1256 (2009). The new sum of $1.6 billion. This $1.6 billion was used to legislation allows states to restrict the location, address Wisconsin's budget deficit. Wisconsin will color, size, number and placement of cigarette have no more tobacco settlement payments for at advertisements and leaves unchanged local and least 14 years. state government power to regulate smokeless tobacco or other tobacco products. www.legis.state.wi.us/rsb/stats.html ►

The State Legislature has the legal authority to criminalize the possession or purchase of tobacco products by minors. A county, town, village, or city may enact an ordinance regulating the purchase or possession of tobacco products by minors only if it strictly conforms to this statute. WI ST § 254.92 (4) (2005). No person under 18 years of age may purchase or possess cigarettes or other tobacco products. WI ST § 254.92 (2) (2005).

► The Department of Health and Family Services, local health departments, a state agency, or a state or local law enforcement agency or any other person under contract to conduct compliance checks have the legal authority to conduct random tobacco compliance checks. WI ST § 254.916 (2001).

► The State Legislature has the legal authority to control and distribute the money collected from penalties for tobacco control violations.

119 WYOMING

► ► The State Legislature has the legal authority to ban The State Legislature, cities, and towns have the self-service tobacco displays. WY ST § 14-3-308 legal authority to restrict smoking in public places, (b) (2004). Any person offering tobacco products such as bars, restaurants, workplaces, etc. The in a place at which persons under the age of 18 are general powers of cities and towns include the admitted must maintain all tobacco products power to adopt ordinances, restrictions, and within the line of sight or under the control of the regulations necessary for the health, welfare, and cashier or other employee. WY ST § 14-3-303 safety of the city or town. WY ST § 15-1-103 (2007). (2009). In Wyoming, there is no statewide clean indoor air act to date. ►

► The State Legislature has the legal authority to restrict Internet and delivery sales of tobacco The State Legislature and local government have products. Any person who sells or distributes for the legal authority to restrict the sale of tobacco sale or resale cigarettes over the Internet or products through cigarette vending machines. WY delivery to anyone in the State of Wyoming must ST § 14-3-308 (2004). Restrictions on the sale of be licensed as a wholesaler by the Department of tobacco products through vending machines are Revenue. WY ST §§ 39-18-101 (2009) & 39-18- found at WY ST § 14-3-303 (2007). 106 (2005). ► The State Department of Health enforces The State Legislature has the legal authority to compliance with vending machine restrictions on levy taxes on tobacco products. WY ST § 39-18- selling tobacco products. WY ST § 14-3-307 104 (2009) imposes a tax and sets the tax rate on (2000). cigarettes and other tobacco products.

► ► The State Legislature and local government have The State Legislature has the legal authority to ban the legal authority to license tobacco product free tobacco samples. WY ST § 14-3-308 (b) retailers. WY ST § 14-3-308 (2004). The state of (2004). Free tobacco samples to persons under the Wyoming requires wholesalers, cigarette age of 18 are prohibited. WY ST § 14-3-302 importers, and cigarette manufacturers to be (2000). The State Legislature and local licensed by the Department of Revenue. WY ST § government have the legal authority to ban the 39-18-106 (2005). Retailers are not required to be sale of single cigarettes. WY ST §14-3-308 (a) licensed by the state of Wyoming to date. (2004). There is no statewide ban on the sale of single cigarettes to date. ►

Local government has the legal authority to The State Department of Health and local law revoke licensure of tobacco product retailers. WY enforcement have the legal authority to enforce ST § 14-3-308 (2004). any restrictions on free tobacco samples and single cigarette sales. WY ST § 14-3-307 (2000).

120 ►

►

The State Legislature has the legal authority to criminalize and has criminalized the possession or purchase of tobacco products by minors. WY ST §§ 14-3-304 (a) (2000) & 14-3-305 (a) (2000).

► The State Department of Health has the legal authority to contract with or provide grants to local law enforcement agencies or other local individuals or entities to conduct random, unannounced inspections at tobacco retail locations. WY ST § 14-3-307 (2000).

► The State Legislature control and distribute the money collected from penalties for tobacco control violations.

►

The State Legislature, the Governor, and the State Health Department are involved in the decision- making process for the distribution of the tobacco settlement money. http://legisweb.state.wy.us/titles/statutes.htm

121 The National Association of Local Boards of Health has publications available in the following public health programs:

board governance environmental health community Health emergency preparedness

For a complete listing of all available NALBOH publications, please visit www.nalboh.org.

1840 East Gypsy Lane Rd., Bowling Green, OH 43402 Phone: (419) 353-7714 Fax: (419) 352-6278 www.nalboh.org