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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
HEALTH AND SAFETY
CHAPTER 57
PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES
39-5705. Sale or distribution of tobacco products or electronic smoking devices to a minor. (1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor.
(2) It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor in violation of this section had requested, examined, and reasonably relied upon a photographic identification from such person establishing that the person is at least twenty-one (21) years of age prior to selling such person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under twenty-one (21) years of age prior to the sale of a tobacco product or an electronic smoking device to such person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section.
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