§709-908  Tobacco; minors.  (1)  It
shall be unlawful to sell or furnish tobacco in any shape or form, including
chewing tobacco and snuff, to a minor under eighteen years of age.



(2)  Signs using the statement, "The sale
of tobacco products to persons under eighteen is prohibited", shall be
posted on or near any vending machine in letters at least one-half inch high
and at or near the point of sale of any other location where tobacco products
are sold in letters at least one-half inch high.



(3)  It shall be unlawful for a minor under
eighteen years of age to purchase any tobacco product, as described under
subsection (1).  This provision does not apply if a person under the age of
eighteen, with parental authorization, is participating in a controlled purchase
as part of a law enforcement activity or a study authorized by the department
of health under the supervision of law enforcement to determine the level of
incidence of tobacco sales to minors.



(4)  Any person who violates subsection (1) or
(2), or both, shall be fined $500 for the first offense.  Any subsequent
offenses shall subject the person to a fine not less than $500 nor more than
$2,000.  Any minor under eighteen years of age who violates subsection (3)
shall be fined $10 for the first offense.  Any subsequent offense shall subject
the violator to a fine of $50, no part of which shall be suspended, or the
person shall be required to perform not less than forty-eight hours nor more
than seventy-two hours of community service during hours when the person is not
employed and is not attending school. [L 1990, c 164, §2; am L 1996, c 312, §1;
am L 1997, c 296, §1; am L 1998, c 161, §1]



 



Cross References



 



  Cigarette vending machine sales, see §328K-7.



 



COMMENTARY ON §709-908



 



  Act 164, Session Laws 1990, added this section and repealed
similar provisions of §§445-211, 212, 212.5, and 213.



  Act 312, Session Laws 1996, amended subsection (2) by
decreasing the height and capitalization requirements of the letters in the
signs that state that the sale of tobacco products to persons under eighteen is
prohibited, and by requiring that the signs be posted at or near the point of
sale where tobacco products are sold.  The legislature found that the current
requirements for the signs resulted in signs that were often too large to be
posted in locations close to the point of sale.  Changing the height and
capitalization requirements for the signs would mean that the signs could more
easily be posted at the point of sale, thereby enhancing the deterrence to the
illegal sales of tobacco products to minors.  Conference Committee Report No.
24.



  Act 296, Session Laws 1997, amended subsection (3) to exempt
minors, who with parental consent are participating in a controlled purchase of
tobacco products as part of a law enforcement activity or a study authorized by
the department of health to determine the level of incidence of tobacco sales
to minors, from the proscription against minors purchasing any tobacco
products.  The legislature found that both nationally and within the State, one
of the most serious public health concerns was that of preventing the use of
tobacco by minors.  The legislature further found that one of the more
successful methods of preventing the use of tobacco by minors was to monitor
sales of tobacco to ensure compliance with the statewide prohibition of sales
to minors.  Senate Standing Committee Report No. 693, House Standing Committee
Report No. 1652.



  Act 161, Session Laws 1998, amended this section by
increasing the fines for selling tobacco to minors or failing to post a sign on
any vending machine stating that the sale of tobacco products to persons under
eighteen is prohibited.  The legislature found that the new fine schedule
imposed a more serious penalty that would help reduce the illegal sales of
tobacco to minors.  The imposition of the increased fines should motivate
tobacco retailers to scrutinize the ages of their customers with greater care. 
Conference Committee Report No. 91, Senate Standing Committee Report No. 3010.