TITLE 39

HEALTH AND SAFETY

CHAPTER 57

PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES

39-5707.  Opened packages and samples. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for commercial purposes other than in the federally required sealed package provided by the manufacturer with all the required warning labels and health warnings.

(2)  It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for free or below the cost of such products to the sellers or distributors of the products for commercial or promotional purposes to members of the general public in public places or at public events.

(3)  The requirements for original sealed manufacturer packaging and the prohibition against free distribution shall not apply to a mobile cigar retailer providing on-site cigar rolling or experiential services at a private or public event restricted to persons of twenty-one (21) years of age or older, provided that:

(a)  The products distributed consist only of cigars or natural tobacco leaves for on-site rolling; and

(b)  The host of a private event has purchased the products at full retail price for distribution to guests or the consumer has purchased the product directly.

History:

[39-5707, added 1998, ch. 418, sec. 2, p. 1319; am. 2020, ch. 318, sec. 7, p. 910; am. 2026, ch. 279, sec. 4, p. 1171.]